Governance

India, one of the largest democracies in the world with an ever-rising population, has had, several statutes that with the advent of time have become obsolete, redundant or repetitive. In addition to this, there is the matter of inconsistent language and dissemination- making it difficult for an ordinary citizen to access and comprehend the plethora of legal information with ease. This increased transaction cost coupled with glaring redundancy further breeds fertile grounds for corruption, discouraging engagement of individuals and firms with the society/ economy at large.


Centre of Civil Society (CCS) initiated the 'Repeal of 100 Laws' Project in 2014 with the aim to identify laws that could be repealed on account of three reasons

  • Redundancy
  • Obsolescence in the face of new laws
  • Hindrance to development, governance and freedom.

For the 2018 edition of the Repeal of Laws initiative the following state compendiums have been prepared:


APPEAL FOR REPEAL LAW DAY

Centre for Civil Society, in an effort to institutionalize the repealing of laws as a constitutional practice for the Republic of India, brought together like-minded organizations, scholars, academicians and lawyers to acknowledge 26 November as the Appeal for Repeal Law Day. Its objectives were:

  • To celebrate the diversity of our legal system and have a constructive dialogue around the process of repealing of laws
  • To launch the compendiums constituting the recommended laws for repeal in the aforementioned 6 States

To mark this day, we launched the Repeal Law Compendiums constituting the recommended laws for repeal in the aforementioned 6 States. The launch was followed by a panel discussion on ‘Exploring Alternatives: Institutionalization of Repeal of Laws’. Our esteemed speakers for the panel consisted of India’s prominent legal and industry experts such as PK Malhotra, Former Law Secretary, Ministry of Law & Justice, Maneesh Chhibber, Editor (Investigations and Special Projects), The Print, Satya Prakash, Legal Editor, The Tribune, Tariq Anwar, Former Union Minister, Hemant Batra, Founder and Chairman, Kaden Boriss Global and Neeti Shikha, National Coordinator, Repeal of Laws initiative, Centre for Civil Society.

Research Year: 2018 | Category: Governance

Repeal Laws CompendiumCCS has consistently campaigned for governmental action to repeal redundant and inconsistent laws that promote red tapism and encumber personal, social and economic freedoms. This year, we reinforced our call for the recognition of 26 November - the Constitution Day of India, as the National Repeal Law Day.

To mark this day, we launched the Repeal Law Compendium, a rigorously researched repository of obsolete laws across five states - Maharashtra, Karnataka, Chattisgarh, Telangana, and Uttar Pradesh. The launch of the Compendium was followed by a panel discussion on the Need for Institutionalisation of Repeal of Laws. Our esteemed speakers for the panel included Hemant Batra, Founder and Chairman, Kaden Boriss Global; Maneesh Chhibber, Executive Editor, DNA; Justice A P Shah, Former Chief Justice, Delhi High Court; Parth J Shah, Founder President, Centre for Civil Society; KTS Tulsi, Member of Rajya Sabha and Senior Advocate at the Supreme Court of India.

Research Year: 2017 | Category: Governance

The essence of good governance is good laws. For rule of law to operate, laws must be well-written and well-coded. Laws must be precise, principles-based, and should stand the test of time. Statues that are obsolete, redundant, repetitive, or inconsistent only create chaos for the masses and provide unnecessary powers in the hands of implementing agencies, weakening the social fabric and incentivising corruption.

During the campaigns for the 2014 General Election, BJP candidate Shri Narendra Modi promised the electorate that on being elected, he would make a sincere attempt at statutory legal clean up. The commitment was that for every new law passed, 10 redundant ones would be repealed, and that in his first 100 days in office he would undertake to repeal 100 old, burdensome laws. The Bhartiya Janata Party led National Democratic Alliance Government tabled the Repealing and Amending Bill (Third) Bill, 2015 in the Lok Sabha, recommending revision of about 180 obsolete laws. It was also the commitment of Shri Ravi Shankar Prasad, that this exercise of weeding out antiquated laws would be a continuous process.

After the success of Centre of Civil Society’s Repeal of 100 laws Project (in partnership with NIPFP Macro/Finance Group and Vidhi Legal Policy Centre), wherein 100 Central laws were suggested for repeal, of which 23 were formally included in the Repealing and Amending Bill, Centre for Civil Society has launched its Repeal of laws Project- Phase II, via its report that includes laws that warrant immediate repeal in Delhi, on the grounds of them being redundant, subsumed by newer legislations, or because they pose an impediment to growth, development, good governance and individual freedom.

We believe that while statutory reform is only the beginning of a wider process of legal overhaul, it is perhaps the most important. Without sound laws, India will not provide an enabling environment, neither for citizens, nor for entrepreneurs. Repealing pointless legislation is the first step in this direction.

For the year 2015, a similar report was prepared by us for the state of Delhi.

Research Year: 2015 | Category: Governance

The essence of good governance is good laws. For rule of law to operate, laws must be well-written and well-coded. Laws must be precise, principles-based, and should stand the test of time. Statues that are obsolete, redundant, repetitive, or inconsistent only create chaos for the masses and provide unnecessary powers in the hands of implementing agencies, weakening the social fabric and incentivising corruption.

During the campaigns for the 2014 General Election, BJP candidate Shri Narendra Modi promised the electorate that on being elected, he would make a sincere attempt at statutory legal clean up. The commitment was that for every new law passed, 10 redundant ones would be repealed, and that in his first 100 days in office he would undertake to repeal 100 old, burdensome laws. The Bhartiya Janata Party led National Democratic Alliance Government tabled the Repealing and Amending Bill (Third) Bill, 2015 in the Lok Sabha, recommending revision of about 180 obsolete laws. It was also the commitment of Shri Ravi Shankar Prasad, that this exercise of weeding out antiquated laws would be a continuous process.

After the success of Centre of Civil Society’s Repeal of 100 laws Project (in partnership with NIPFP Macro/Finance Group and Vidhi Legal Policy Centre), wherein 100 Central laws were suggested for repeal, of which 23 were formally included in the Repealing and Amending Bill, Centre for Civil Society has launched its Repeal of laws Project- Phase II, via its report that includes laws that warrant immediate repeal in Delhi, on the grounds of them being redundant, subsumed by newer legislations, or because they pose an impediment to growth, development, good governance and individual freedom.

We believe that while statutory reform is only the beginning of a wider process of legal overhaul, it is perhaps the most important. Without sound laws, India will not provide an enabling environment, neither for citizens, nor for entrepreneurs. Repealing pointless legislation is the first step in this direction.

For the year 2015, a similar report was prepared by us for the state of Maharashtra, wherein  on meeting with them, the State Government acknowledged and agreed to repeal 19 of the 25 laws that were presented to them for repeal.

Research Year: 2015 | Category: Governance

Tabled by V. Narayanasamy, Minister of State for Personnel, Public Grievances and Pensions, in Lok Sabha in December 2011, The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 was a proposed Indian central legislation which lapsed due to dissolution of the 15th Lok Sabha. This paper enumerates the provisions of the Bill, its obligations and its organizational structure and further enlists areas of dichotomy or possible loopholes after a systematic review of the bill. A comparative analysis of provisions of the Act as implemented across the 19 states is then taken up to find out differences to the approach of the act in various states. The paper further examines how internal and external models have lacked due to incidents of absenteeism, corruption and outreach and assesses the challenges faced by the upcoming e-governance models.

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Research Year: 2015 | Category: Governance

CCS's iJusticeNIPFP Macro/Finance Group, and Vidhi Legal Centre, alongwith lawyers, legislative experts and economists have identified 100 Laws for repeal to help the administration live up to a key election message.

The group recommends for complete repeal 100 laws that are redundant, or materially impede the lives of citizens, entrepreneurs and the government. The Project does not aim to reinvent the wheel. It simply revisits the work and recommendations of several experts before, and provides a clean compendium of low-hanging fruit that can easily be executed with minimal discomfort or encumbrances.

For more details kindly click on this link.

Research Year: 2014 | Category: Governance