This refers to your editorial ‘Too literal with the law' ( Business Line, December 1). Your observation that “the Ministry, therefore, either needs to review its procedures or to apply its mind-as generally required for good governance” sums up the present state of affairs of governance in India.
Our law-makers have been on a long paid holiday and application of mind is conspicuous by its absence in both law making and implementation of existing laws.
This applies uniformly to international settlements to implementation of pension schemes in public sector institutions. In one case, the Supreme Court reportedly remarked that the different views taken by some courts were due to bad drafting of the provisions.
In a recent article, Dr Bimal Jalan pleaded for a fully empowered Federal Commission to undertake a comprehensive review of all “rules” in force at the Centre and in the States, and suggest measures to simplify them. He went on to suggest that the recommendations of this Commission should be binding on the government, subject to legislative approvals only when required.
Our legislative and legal procedures and the way in which the arms of the government, including ministries and statutory bodies, function should change with the times, considering the need for a coordinated and harmonious approach to important developmental issues, formulation of plans/projects and their speedy implementation.
M. G. Warrier, Mumbai