Arvind Datar’s Perspective on Rag-Bag Legislation
ndia: In a study-provoking analysis, famed legal expert Arvind Datar sheds light on the disquieting use of rag-bag legislation in ultramodern law. In his most recent composition, Datar argues that this conception, constantly used to rush multiple unconnected legislative particulars into a single package, has been misemployed, performing in implicit legal inconsistencies and undermining the popular process. As Datar defines it, raag-bag legislation is the practice of combining colorful, occasionally unconnected, vittles into a single bill. While this approach is constantly justified to expedite the legislative process, Datar claims that it can lead to confusion among lawgivers and the general public.
” When distant issues are lumped together, it becomes grueling for lawmakers to completely understand the counteraccusations of each provision, frequently performing in inadequately informed decisions- timber,” adds the paper’s pen. Datar mentions multitudinous recent exemplifications of rag-bag legislation, raising questions about openness and responsibility.” In a period where public trust in government is pivotal, similar practices can further alienate citizens and dwindle their confidence in the legislative process,” he told me. Likewise, Datar underlines the legal ramifications of this strategy, stating that it might affect court challenges when people or groups seek to challenge legislation that was legislated without applicable review.
” The integrity of our legal system relies on clear, terse, and well-defined legislation,” according to the politician.” When we allow rag-bag practices to percolate our law-making process, we risk creating a patchwork of regulations that may be antithetical or unenforceable.” As a reform advocate, Datar urges lawgivers to review their reliance on erratic legislation in favor of further transparent approaches that allow for in-depth debate and explanation of each policy. He advises policymakers to promote openness and public engagement in the legislative process so that individuals may remain informed and engaged.
In Re State v. Walters, partner. p. Minister of Safety and Security,( 2003) 1 LRC 493, 513- 514, the South African Indigenous Court blamed a Schedule in their felonious law that included a different rag-bag of further than 20 offenses ranging from serious crimes like disloyalty, murder, and rape on one end of the diapason to fairly minor offenses like pickpocketing or stealing fruit from a fruit cube on the other.
Therefore, rag-bag legislation refers to an inadequately drafted law that combines distant subject matters into a single enactment. It’s the draftsman’s responsibility to avoid ragbag legislation. Still, a State council may choose to legislate a single comprehensive correction Act that amends colorful State laws in separate chapters.
Eventually, in Union of India v. VKC steps( India) Pvt. Ltd.,( 2022) 2 SCC 603, 651, the term’ rag-bag legislation’ was used to relate to bills in which the duty could fall under the residuary Entry of the Union List, videlicet Entry 97. still, it can always be levied using Entry 97, If a duty isn’t mentioned in either List I or List II. still, this has nothing to do with ragbag legislation.
