The Hindu : Jaitley for changes in anti-defection law

Online edition of India's National Newspaper
Thursday, Apr 03, 2003

Southern States

Southern States - Andhra Pradesh-Hyderabad

Jaitley for changes in anti-defection law

By Our Special Correspondent

HYDERABAD April 2. The Union Law Minister, Arun Jaitley, on Wednesday favoured changes in the anti-defection law in view of the misuse of split provisions motivated by the desire to become Ministers.

Speaking at a convention of the State unit of the BJP Legal Cell, he said: "Though the Administrative Reforms Commission has restricted the size of Council of Ministers to 10 per cent of the Assembly strength, in some small States most of the legislators appear to have become Ministers. It is because of action like this that the system of democracy is held to ridicule in the public eye. "Should we still not change such laws?" he asked emphasising on the need for adopting reforms in certain laws, even if there is resistance.

He said a bold decision is required to deal with the situation arising of charges against judges. There are 14,000 judges and if even a miniscule percentage of them get a bad name, it would be a challenge to the efficiency and credibility of the judiciary. The question to ponder is whether we are able to get the best men into the judiciary, he said.

Mr. Jaitley said the Centre planned to change the law relating to funding of political parties, making it a permissible deduction of Income Tax. It responds to the question often raised on funding political parties in a democracy. Whether it should remain invisible or should it be legitimised? The Union Cabinet has cleared the proposal.

Referring to the Justice Malimath Committee report on the criminal law system, he said the Centre was taking a close look at it. Fundamental reforms are required in the criminal law system. These will not be rushed through but discussed elaborately in the months to come. The Indian Evidence Act too needs a re-look as suggested by the Law Commission, as phenomena like terrorism and mafia did not exist when it was framed.

If reforms are not carried out in the criminal law, it will have an adverse impact on civil society, he said. It would encourage the mafia, extra judicial methods of settling disputes and terrorising witnesses. Already people were losing faith with the conviction rate in criminal cases at 7 per cent, which meant that 93 per cent got away with committing crimes. It cannot be allowed to become a high-profit, low-risk venture.

Mr. Jaitley said the entire conciliatory and alternate dispute resolution mechanism was not taken seriously and pointed to the way 95 per cent of the cases filed in US courts do not end in courts but are solved through the conciliatory process. Both judges and lawyers there seemed to have been designed to solve the cases in this manner. Lawyers here need not have any apprehensions, as they can get the best bargain by creating value for conciliation through negotiation.

The Union Ministers, Ch. Vidyasagara Rao and B. Dattatreya, attended. The BJP State president, C. Ramachandra Reddy, D. V. Subba Rao, Chairman, Bar Council of India, and N. Ramachander Rao, State BJP Legal Cell Convenor, spoke.

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