Throw out a bad law

A law that seeks to legalise illegalities should have no place in the statute books. The Delhi Laws Special Provisions Act, passed hurriedly by Parliament in the dying hours of the last session, is precisely such a law. The numerous petitions challenging its validity 8212; which are currently under the scrutiny of the highest court in the land 8212; is indicative of the widespread public opprobrium it has attracted.

The Supreme Court has now granted the Centre a period of ten days to come up with its argument as to why this law, that put a moratorium on court-directed demolitions for one year, is valid and necessary. We devoutly hope that this moment of pause will engender some rethinking in the highest levels of decision making in the country. The Centre, in its response to the apex court, has already sought to shrug off direct responsibility for coming up with this egregious piece of legislation by stating that it was Parliament that had passed it. This, of course, is the case. The bill was passed amidst a political consensus rarely witnessed in the annals of the House. But the executive must, nevertheless, own up to the central role it had played in steering the bill. The Union urban affairs minister had even justified it on the grounds that illegalities committed over the last four decades cannot be addressed overnight. This is a bit like arguing that since robberies and murders have been going on for decades, the criminals who have committed them must be given a general amnesty for a year. It is no surprise therefore that the Supreme Court has expressed serious doubts about the Delhi Laws Special Provisions Act.

We have here the seeds of a classic confrontation between the judiciary and the legislature, one that demands a response from responsible political leaders. Prime Minister Manmohan Singh and Leader of the Opposition L.K. Advani must step in and urgently create the necessary political consensus within their respective parties to withdraw a bad law.