Provisions of IDA, Indian Stamp Act, Hindu Marriage Act revisited, Proposals regarding issues of surrogacy and Judges’ Appointment
“Our country is carrying the unbearable load under the Indian Stamp Act, 1899, which is a British legacy. The main reason for these stamp paper scams is that they are currently printed in bulk.”
In its 225th report submitted to the Union Minister of Law and Justice, Hon’ble Dr Justice AR Lakshmanan, Chairman, Law Commission of India (the “Commission”) has recommended amendment of Sections 7, 7A and 7B of Industrial Disputes Act, 1947 (IDA). According to the report, mandatory qualifications for appointments to various tribunals and other quasi-judicial bodies make it very clear that advocates with requisite number of years’ practice at the Bar in the concerned legal field are competent to preside over any tribunal. The report adds that it seems to be an oversight that advocates are not included as persons eligible for appointment as presiding officers of Labour Courts and Industrial Tribunals. Therefore, the Commission has recommended suitable amendments to these sections to make advocates with the requisite number of years’ practice at the Bar, in the relevant legal field, eligible for appointment as presiding officers of the Labour Courts and Industrial Tribunals.
The Law Commission of India in its report to be submitted to the Government of India has recommended that the court fee for any transaction should be made payable by demand draft or cash or postal order or banker’s cheque as against the non-judicial stamp papers or special stamps used as of now. The Report said that, “Our country is carrying the unbearable load under the Indian Stamp Act, 1899, which is a British legacy. The main reason for these stamp paper scams is that they are currently printed in bulk. Another reason is the government not being indifferent to the fact that this Act is a ridiculous piece of legislation. Ridiculously small amount of court fee like 50 paise is still required to be paid on some type of documents. Then there are complicated provisions for canceling those court fee stamps.”
The report also noted that, “In view of more modern and convenient methods of charging court fee being available in our country, the mode of payment of court fee requires to be drastically overhauled. Court fee should be made payable for an amount in round figures, and should be payable through demand drafts or cash. In the Debts Recovery Tribunals and the Central Administrative Tribunals, the system of paying court fee in lump sum on the entire petition through demand drafts or cash is working well.”
Hon’ble Justice AR Lakshmanan recommended in the latest report of the Commission that a new section 17A needs to be inserted in The Hindu Marriage Act, 1955 to the effect that a married person, whose marriage is governed by the Act, cannot marry again even after changing his religion unless the first marriage is dissolved as per law. The Commission further added offences relating to bigamy under Sections 494-495, IPC be made cognizable by making necessary amendments to The Criminal Procedure Code, 1973 (Cr. P. C.). The Commission has also recommended for the proviso to Section 4 of the Dissolution of Muslim Marriages Act, 1939 to be deleted. The Law Commission took up the subject of bigamy suo moto to examine the legal position on bigamy along with the case laws on the issue.
In its 228th report of the Commission to the Law Minister Veerapan Moily, Law Commission Chairman Hon’ble Dr Justice A R Lakshmanan said infertility as the medical condition was a huge impediment in the overall well-being of couples and could not be overlooked, especially in a patriarchal society like India. The report proposes a new law whereby surrogacy will be legalized. The new law will be governed by a contract between the parents and surrogate mother, reimbursement of all reasonable expenses for carrying child full of term and handing it over to the commissioning parents but without commercialisation. Other clauses of the contract would include financial support for surrogate child in the event of death of commissioning parents or unwillingness to take the child later.
The Commission has sought restoration of primacy in the matter of appointment of judges to the executive in place of the present Collegium system. While submitting its 230th report to the Law Ministry, Hon’ble Justice AR Lakshmanan said that when an advocate was elevated as a judge in the HC in which he had been practicing for a long time, it gives rise to an unholy phenomenon of ‘Uncle Judge’, as many of his relatives are working there too. The Commission recommended against appointments of judges in the same High Court where they practiced. The Commission referred to the constitutional provisions on appointment of judges as a ‘beautiful system of checks and balances’ providing a balanced role to both the executive and the judiciary and therefore recommended the old system to be restored.
Hon’ble Justice AR Lakshmanan said that when an advocate was elevated as a judge in the HC in which he had been practicing for a long time, it gives rise to an unholy phenomenon of ‘Uncle Judge’, as many of his relatives are working there too. The Commission recommended against appointments of judges in the same High Court where they practiced.
Supreme Court, under the Environment Protection Act, has created, in the past, three committees on environmental issues in the capital, Delhi, while a dozen regional authorities with area specific mandates. To improve relationship between the judiciary and government on environmental issues, Environment and Forest Ministry has prepared a green tribunal bill to decide green issues thus relieving courts from deciding public interest litigations on such issues.
The Right to Education Bill (Bill) that makes education a fundamental right for every child in the 6 -14 age group was cleared by both the Houses. The Bill empowers 86th amendment to the Constitution that made free and compulsory education a Fundamental Right which is a part of Directive Principles of State Policy. The Bill sets down guidelines for the Centre and States to execute and enforce this right; and finances will be shared between the Centre and States.
The process of filing Right to Information (RTI) application has been simplified. A recent government report has recommended multiple channels for acceptance of RTI applications like post offices, common service centers and RTI portal and call centre to streamline the process of providing information to people. Common service centers are single window outlets for many government services that are being opened under national e-Governance Plan. It has also recommended broadening the modes of payment to an electronic payment gateway.
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