SC urges law minister to make changes in arbitration bill yet to be taken up by Parliament
Constitutional courts are empowered to test the validity of laws enacted by Parliament and state legislatures and interpret the law. The Constitution under Article 141 provides that a law declared valid by the SC shall be binding on all courts. But these courts have never entertained a petition challenging the validity of a bill.
Though the Arbitration and Conciliation Bill, 2024, proposing major changes in the 1996 law on the same subject, was not under challenge before SC, a bench of Justices J B Pardiwala and R Mahadevan decided to scrutinise it. They concluded that the bill suffered procedural lacunae and vacuum similar to the 1996 Act.
'Even after 30 yrs, procedural issues dog arbitration regime'
The bench's comments came in a case involving arbitration between two parties.
Giving a brief background of arbitration laws in India, starting with the 1940 Act, followed by the 1996 Act and the changes proposed to be effected through the 2024 bill, the bench said, 'It has been almost 30 years since the 1996 Act has remained in force. Various amendments to the 1996 Act have been made over the years to ensure that arbitration proceedings are conducted and concluded expeditiously. It is indeed very sad to note that even after these many years, procedural issues such as the one involved in the case at hand, have continued to plague the arbitration regime of India.'
Writing the judgment, Justice Pardiwala said, 'Unfortunately, even the new bill has taken no steps whatsoever for ameliorating the position of law as regards the power of impleadment or joinder of an arbitral tribunal. What is expressly missing in the 1996 Act is still missing in the Arbitration and Conciliation Bill, 2024, despite a catena of decisions of this court as well as various high courts, highlighting the need for statutory recognition of such power in order to obviate all possibilities of confusion.'
He further said, 'We urge the department of legal affairs, ministry of law and justice, to take a serious look at the arbitration regime that is prevailing in India and bring about necessary changes while the Arbitration and Conciliation Bill, 2024, is still being considered.'
The same bench had raised eyebrows in political and legal circles with its verdict setting a deadline of three months for the President to give assent to bills sent to her by governors, and by suggesting that she might consider it prudent to take the opinion of the apex court to determine the validity of bills.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Indian Express
30 minutes ago
- New Indian Express
SC to deliver order on plea against shifting stray dogs to shelters on Aug 22
NEW DELHI: The Supreme Court's three-judge special bench is expected to pronounce on Friday its order on a batch of pleas seeking a stay on directions issued on August 11 by a two-judge bench to round up and move all stray dogs in Delhi-NCR to shelters. The bench headed by Justice Vikram Nath, with Justices Sandeep Mehta and NV Anjaria, had reserved its order on August 14 after hearing arguments from petitioners, the Centre, the Delhi government and others. Senior advocate Kapil Sibal, appearing for petitioner NGOs, sought a stay on the August 11 order, saying there were not enough shelters to house stray dogs. 'There are the ABC (Animal Birth Control) rules in this regard. There is a Parliamentary legislation,' he said. Sibal questioned the role of the Municipal Corporation of Delhi. 'What have they been doing over the years? Have they built shelter homes? Since they have not sterilised, dog numbers increased. Since they have no owners, the community is taking care of them,' he argued. He further said: 'Where are the shelters? Where are the pounds? They will be culled. So the August 11 order should be stayed on an interim basis.' Senior advocate Abhishek Manu Singhvi supported Sibal's contentions, saying the order ignored previous directions against en masse removal of stray dogs. Following the August 11 order, dog lovers expressed outrage, prompting the Chief Justice of India BR Gavai to constitute a three-judge bench to address conflicting rulings on the issue. During the August 14 hearing, the court observed: 'The government did nothing. The local authorities do nothing. Local authorities are not doing what they should be doing. They should be here taking responsibility. Everyone who has come here to file intervention should take responsibility.' The bench did not stay the earlier order by Justices Pardiwala and R Mahadevan, which directed Delhi-NCR authorities to remove stray dogs from all localities within eight weeks and house them in shelters. Solicitor General Tushar Mehta, appearing for the Delhi government, told the court about 3.7 million dog bites occur annually in India (amounting to nearly 10,000 a day) and cited World Health Organisation data of 20,000 rabies deaths each year. He said children were unable to play outside due to stray dogs and argued that even immunised dogs could still attack. 'Nobody is saying kill dogs. They need to be separated for the safety of people,' SG Mehta said. The court criticised the MCD for its inaction. 'Parliament frames rules and laws, but these are not implemented. On one hand, humans are suffering and on the other hand, the animal lovers are here. Have some responsibility... all those who have filed interventions have to file affidavits and furnish evidence,' the bench said while reserving its order. It directed all intervenors challenging the August 11 order to file affidavits.
News18
an hour ago
- News18
ECI meets Janata Dal (Secular) delegation in Delhi
New Delhi [India], August 21 (ANI): Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi held an interaction with a delegation from Janata Dal (Secular) on Thursday at Nirvachan Sadan. JDU(S) delegation was led by its National General Secretary and Authorised Representative, KR Shivakumar. The Election Commission of India said that the meeting is a continuation of the interactions being held by ECI with the Presidents of various National and State Political Parties.'These interactions provide for a long-felt need for constructive discussions, which enable National and State Party Presidents to share their suggestions and concerns directly with the Commission. This initiative aligns with the Commission's broader vision of further strengthening the electoral process in accordance with the existing legal framework, with all stakeholders," the poll body said in a release. During the past 150 days, a total of 4,719 all-party meetings were conducted, including 40 meetings by CEOs, 800 by DEOs, and 3879 by EROs, engaging over 28,000 representatives of various political parties, ECI said. Meanwhile, Samajwadi Party MP Iqra Hasan on Thursday said that through Special Intensive Revision, an attack has been carried out by the Centre on the Constitution. 'From the very first day, the opposition has been continuously raising the issue of SIR, but we have not received any assurance from the government, nor has there been any discussion. When such a significant issue is before us, all other topics pale in comparison. Through SIR, an attack has been made on our country's Constitution," Iqra Hasan said. A press conference was held by the Leader of the Opposition, to which the Election Commission responded, but we know what kind of responses those were. The Election Commission did not answer even a single question," she added. The INDIA bloc has intensified its protest against the 'vote theft" allegations on the Election Commision of India and the Special Intensive Revision in opposition parties protested against the revision of voter lists since the commencement of the Parliament monsoon session on July 21. The Monsoon Session of Parliament was adjourned sine die on Thursday. (ANI)
The Hindu
an hour ago
- The Hindu
Have written to EC on preparations for corporation elections: DKS
Deputy Chief Minister D.K. Shivakumar announced in the Legislative Council on Thursday that the government had written to the Election Commission of India about preparations for corporation elections. Replying to a question raised by member Jawarayee Gowda T.N. about the implementation of the Greater Bengaluru Authority Act, 2024, he said, 'The delimitation of wards will take place by November 1. This is being handled by a separate team under the leadership of the BBMP Commissioner. We have submitted an affidavit to the court. We will issue a GO for delimitation of wards'. Replying to a member who urged the government to conduct elections early, he said, 'I completely agree with the suggestion.' The Council approved the Greater Bengaluru Governance (Amendment) Bill, which clarifies that the authority will not interfere in the functioning of municipal bodies in violation of the 74th amendment of the Constitution. Replying to queries raised by members - Govindaraju (JD-S), T.A. Saravana (JD-S), and H.S. Gopinath (BJP) - he said the amendment ensures that the government does not have any overbearing power on the corporations. 'Some people have spoken about ward restructuring based on population. As per the 2011 census, there were about 18,000 people in each ward, but now it would be 30,000. We will take members' feedback when we are adding new areas to the corporations,' he added.
