The effectiveness of laws in India can be improved by formalizing the process post-legislative scrutiny. Analyze.
Post-legislative scrutiny refers to making effective provisions to determine the efficacy of laws and their effectiveness after their enactment.
Need to formalize post legislative scrutiny:
- Laws need to be reformed to cater for changing times.
- Laws may not be working as it was intended, e.g. TADA, 2004, this increases the possibility of misuse.
- To ensure accountability of legislation after enacting laws.
- To avoid repealing of laws due to public opposition, e.g. farm laws.
- To clear out lapses that may be missed while formulating the laws.
- To ensure people’s participation and social audit of laws.
- To ensure that the archaic laws are repealed.
- In India, post legislative scrutiny is available only with the judiciary in the form of judicial review and with the Parliament, which are not efficient.
Post-legislative scrutiny is instrumental in aligning the laws to the current needs of the people.