Law-making process ‘unconstitutional’, BJP leader urges PM, home minister for reform
Calling the existing law-making process “undemocratic and unconstitutional”, senior Delhi BJP leader and advocate Ashwini Upadhyay has urged the Prime Minister and home minister to put a new process in place. He said that the draft of any new legislation should be put in the public domain for two months so that people get adequate time to discuss it and give their feedback.
Referring to the ongoing farmers’ protest in the Capital against the three farm laws, Upadhyay said that the law is not anti-farmer, but they are protesting due to misinformation. The protest has disrupted life in the National Capital Region (NCR), he said.
Upadhyay said, “There is a need to change the law-making process, as the existing process is not only undemocratic, but unconstitutional also. I have urged the PM to amend the process. I’ll be writing to him today.”
He tweeted a video on Thursday expressing concern about the process. In the 2.19-minute video, Upadhyay said, “The existing law-making process is faulty. The law is made in the name of people’s welfare, but their opinion is not taken.”
Like the three farm laws, the Citizenship Amendment Act had led to large scale protests throughout the country last year. He said that the laws despite being citizen-friendly are being misunderstood by people due to lack of information.
Speaking to HT, Upadhyay said, “The IAS officers who draft the laws don’t even have practical knowledge about the issues. There are no detailed discussions done before the law is enacted, as a result, we have seen protests and PILs against the laws in the recent past despite them being citizen-friendly laws. The CAA was not anti-Muslim and the three farm laws are not anti-farmer, but due to misinformation, it has resulted in protests by people.”
He added, “The three farm laws are not anti-farmer, but anti-middlemen. But due to the misinformation campaign and lack of awareness among people, farmers are on the streets. The ongoing protest has disrupted life in the NCR and adversely impacted the economy.”
He has requested the PM to amend the law-making process. “To avoid misinformation, it’s important that the draft of the law should be put on law ministry’s website two months (60 days) in advance. This will give time to people, politicians and elected members to discuss it at the grassroot level. The discussions on the draft law can be better if MPs have the draft of the proposed law in advance. This will not only bring a strong legislation, but also reduce the number of PILs filed in the court. The recent laws such as CAA have been challenged in the court,” said Upadhyay, a former Delhi BJP spokesperson. Upadhyay, an AAP rebel, had joined the BJP in 2014.
Delhi BJP said it is Upadhyay’s personal opinion. “Delhi BJP doesn’t endorse Upadhyay’s views. It is his personal view and shouldn’t be seen as the party’s view. The PM and the government know the law-making process very well. They are well aware of the issues,” said Harish Khurana, Delhi BJP spokesperson and media relation in-charge.