By Akanksha Sharma
Introduction
An Act is the Law passed by the Parliament or A bill which has passed through the various legislative steps required for it to make a law.
A Bill is introduced in either house of the Parliament. It must be passed by both the Houses by a simple majority of voting. It includes the composition, duration, officers, procedures, privileges, powers etc of the state legislature.
The process of Legislation does not stop once a bill becomes law but it goes on. Generally, most of the acts come into the force in a manner as prescribed in the act itself.
Either it would come into effect from the date of assent by the President, or a specific date is mentioned in the act itself (mostly in the case of finance bills) or on a date as per the wish of the central or the State Government as the case may be.
In case of the commencement of the act, a separate Gazette notification is made which is mostly accompanied in another Gazette notification by the rules or the subordinate Legislation.
This article talks about how an Act gets implemented.
When an Act gets implemented?
In general, an action of putting an act or a law or a plan into operation is what law implementation means. According to the Constitution of India there are three organs of the State i.e. Legislature, Executive and Judiciary.
The Executive is a small group of people who are responsible for implementing laws. Many of the laws are implemented by an agency of the Executive branch.
As the head of the Executive branch, the President delegates an authority which acts on his name to implement the laws to the various federal agencies and departments. The agency then can issue administrative regulations explaining how it intends to put the law into effect and what a citizen must do to comply with the law and so on.
An Average of 261 days is taken for a parliamentary law to come into the force. After receiving the assent of the President there are two more steps that the law requires for implementation.
- The first step is that the Government should execute the law through notification in the Official Gazette.
- The second step is not essential but important for the working of law practically i.e. framing of rules.
Before the presentation of laws to each house of parliament i.e. Rajya Sabha and Lok Sabha most of the laws for its implementation requires the rules in accordance with the law.
Judgements
- Swaraj Abhiyan Vs Union of India and Ors[1]
Implementation of the National Food Security Act, 2013
The petitioner submitted that it is necessary to ensure the food security of all those people who are affected by the drought. Now the State Government is required to complete all the preparatory steps for implementing the NFS Act.
The guidelines for this Act have been issued by the Government of India. Though the Parliament passed the statue which extends to the whole of India some states have not implemented it.
State of UP has partially implemented the Act as it has been implemented only in 28 out of its 75 districts. Gujarat has implemented the Act only from 1st April 2016.
- Ambujakshi Amma & Co Vs State of Kerala[2]
State have no option or Alternative than to Implement the Schemes
As an imperative duty is cast on the State Government to make uninterrupted supply of food grains, receipt of which is a right of the ration card holders, there is no reason to think that the State Government will not implement the provisions of the act.
Moreover, a duty is cast upon the State to ensure that Article 47 of the Constitution is implemented effectively through the provisions of the Act, 2013.
Hence viewed in that manner State have no option or alternative than to implement the Schemes without any complaint and that the supply chain is not interfered in any manner by the private intermediaries, in order to ensure smooth supply to the ration card holders.
So if in any manner the right id interfered, the implementation of the provisions of Act, 2013 on the State Government will have its own far reaching consequences.
- State of Tamil Nadu & Ors Vs K Shyam Sundar & Ors[3]
The striking down of Amendment Act 2011 on the ground of Implementation Act is not in accordance with the Settled Legal Provisions
The Court didn’t considered that the Act of 2010 to be implemented in year 2012-13. As it falls within the executive domain of the legislature Government as to form which date it would enforce a Statue. The Court cannot even issue a writ to the Legislature to bring a particular Act to force.
Hence the striking of Amendment Act of 2011 on the basis of Implementation Act is not in accordance with the settled legal propositions.
- State of Kerela & Anr Vs Peoples Union For Civil Liberties Kerela State[4]
The Legislature cannot over- rule a Judgement but can Remove the Basis on which the Judgement is Rendered
As the said Act was not implemented in the letter, there filed a writ petition compelling the State to implement the provisions of the Act and directing the concerned authorities to deal with the applications filed therein.
Another application was filed for the extension of time and the High Court granted six months time. But for the progress of implementation the said condition are as under:
- First condition is that the State shall ensure that all the applications are disposed off within the extended time period.
- Second condition states that the State shall immediately distribute the copies of the order to the Revenue Divisional Officers of the District of Compliance.
Hence the Act was implemented both in respect of those who were having two acres of land and to those who had more this is because Legislature cannot over- rule a judgement but it can remove the basis on which the judgement was rendered.
- Centre for Enquiry into Health And Allied Themes (CEHAT) & Others Vs Union of India & Others[5]
Though after Coming to Force, To a Large Extent PNDT Act is not Implemented by the Central Government or State Government
The Parliament enacted the PNDT [Pre- natal Diagnostic Techniques( Regulation and Prevention of Misuse)] Act, 1994. This Act prevents female foeticide and with matters connected with the same.
The Act came into force from 1st January, 1996. It appears that despite the PNDT Act being enacted by the Parliament five years back, neither of the State or Central Government has taken appropriate actions for implementation to the large extent. Then various provisions were made for the proper implementation of the Act.
Conclusion
“Most members of the Parliament (MPs) are unaware of how long it takes for rules to be framed for bringing a new law into force”, Shashi Tharoor, Member of Parliament said in an email interview to IndiaSpend. The delay in implementing the laws is an issue of betraying public expectations added Tharoor.
The time taken to present the rules before each house was calculated from the date they were published in the official gazette or from the date of commencement of next session.
It is totally wrong to keep public waiting for 261 days for a new law. The Public sees from media reporting that a law has been passed or changed and naturally expects this to be the new reality. But keeping them wait for too long is similar to betraying them.
As Black Money Law, we all know about this Law that was implemented in 2015, It took 311 days to implement. The Bill was passed by the Lok Sabha on 11th May 2015 and the Rajya Sabha on 13 May, 2015.
There are only 34% laws that met the time limit for laying of rules. While 49% of laws took 15-60 days in Lok Saha and 56% in the Rajya Sabha.
Remedies must be found to increase the number of Bureaucrats that are tasked with the writing of rules as once the Bill is passed, the political leaders tend to move on to the next urgent issue, leaving such issues to officials to work out with who are known as Bureaucrats and ensure that the completion of task to be the priority.
Reference
- Swaraj Abhiyan Vs. Union of India And Ors on 13 May, 2016 [Writ Petition (C) No. 857 of 2015] ↑
- Ambujakshi Amma & Co Vs. State of Kerala on 20 March, 2013 [WP (C). No. 781 of 2017 (W)] ↑
- State of Tamil Nadu & Ors Vs. K Shyam Sundar & Ors on 9 August, 2011 [Civil Appeal NOS. 6015- 6027/ 2011] ↑
- State of Kerela & Anr Vs. Peoples Union For Civil Liberties Kerela State on 21 July, 2009 [Civil Appeal Nos. 104-105 of 2001] ↑
- Centre for Enquiry Into Health And Allied Themes (CEHAT) & Others Vs. Union of India & Others on 10 September, 2003 [Writ Petition (civil) 301 of 2000] ↑