Supreme Court Advocates for Performance Audits of Laws
The Supreme Court of India has initiated a significant move towards enhancing the effectiveness of the nation’s legislative framework. Recently, while deliberating on the Consumer Protection Act, the Court mandated that both the Central Consumer Protection Council and the Central Consumer Protection Authority carry out a comprehensive review of the law’s implementation and performance.
The Need for Legislative Audits
This intervention raises essential questions about the oversight roles of various statutory institutions and the judiciary. While the extent of the judiciary’s authority in such matters is debatable, the Court’s call underscores an urgent need: the systematic review of laws. As articulated by Justice P. S. Narasimha last year during discussions pertaining to the Maharashtra Slum Areas Act of 1971, the idea of a performance audit is not merely beneficial; it is crucial for a society grappling with rapid changes and ongoing developmental challenges.
Ensuring Laws are Fit for Purpose
Laws should serve their intended purpose effectively, both in theory and practice. Unfortunately, some legislation may become ineffective, lead to unintended consequences, or simply lose relevance over time. Conducting periodic performance audits can help maintain the relevance and effectiveness of laws, ensuring they adapt to the evolving needs of society.
Government Initiatives in Legislative Review
The Government of India has already begun efforts to identify and eliminate obsolete laws. However, integrating a performance audit into this process could transform these reviews into regular and thorough assessments. Such an approach would not only clarify the impact of various laws but also highlight existing deficiencies, challenges, and successful outcomes.
Conclusion
This proactive stance from the Supreme Court serves as a reminder of the importance of ongoing evaluation in legislative processes, ensuring that laws remain responsive to the changing dynamics of society. The call for audits can help foster a more effective legal framework, ultimately benefiting all citizens.
