TAMIL NADU GOVERNMENT APPOINTS ONE MAN COMMISSION TO SUGGEST STATE LEVEL AMENDMENTS TO NEW CRIMINAL LAWS
U. Maghalakshmi,
Chennai Dr. Ambedkar Government law College
In a decisive move, the Tamil Nadu government has ordered the setting up of a committee to scrutinise the recently rolled out criminal laws and recommended changes to suit the state's law. The announcement came after a meeting chaired by Chief Minister M.K. Stalin at the Secretariat in Chennai. The committee would inspect, among various issues, the “change in nomenclature” of the new laws at the State level, and send a report to the State government.
PROTEST AND AGITATIONS TOWARDS THE NEW CRIMINAL LAWS
The three new criminal laws, Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita and Bharatiya Shakshya Adhiniyam which replaced the Indian Penal Code, Code of Criminal Procedure and Evidence Act which came into effect on July 1.
Before the rollout of new criminal laws, on June 17, CM Stalin wrote to Union home minister Amit Shah requesting the Union Government to review the new enactments of changing the names and to consider views of all the States and withhold the enactments already notified.
The minister highlights that the news laws expedite the delivery of justice, thereby saving the valuable time for stakeholders involved in cases. The Union Minister asserted that this would prove more productive for the nation.
However, the passage of three criminal laws criticised by the government stating these laws were enacted without proper opinions of the state governments, without hearing the members of the parliament, who act as mirror to the people's view and have named in Sanskrit against the provisions under the Constitution of India. Protests and agitations arose across the country with the decision that the Union government had passed these new criminal laws hastily by suspending 146 ‘Members of Parliament’ in the emergency sphere without any debate in the parliament in December 2023.
PROPOSAL FOR A ONE-PERSON COMMITTEE
In a move to address these concerns, the Tamil Nadu government has established a one-man committee, led by Madras High Court (retired) Judge M Satyanarayanan to look into possible amendments to the three new criminal laws, including potential name changes. The committee would hold consultations with various stakeholders, including Association of lawyers to review the change in “nomenclature” of the new laws at state level and suggest the State amendments to the new criminal acts within a month”.
Present at the meeting were with Water Resources Minister Durai Murugan, Chief Secretary Shiv Das Meena, Director-General of Police Shankar Jiwal, Advocate-General P S Raman, Home Secretary P Amudha and other senior officials.
According to retired Madras High Court Judge K Chandra, states have the power to amend these laws under the Concurrent List of the Constitution. In the past, the majority of states have made amendments suitable for them. Also, states can change the title of these central legislations. However, under section 254(2) of the Constitution, the amendments can be only made by the state and will require presidential assent to be valid.
It may evoke that on June 23, former CJI and former Kerala Governor P Sathasivam and Dr N S Santhosh Kumar, Vice Chancellor of the Tamil Nadu Dr Ambedkar Law University, Chennai, possessed the central government to retain “nomenclature” for the new criminal laws since the naming of the new legislations has violated Article 348 of the Constitution.
The Tamil Nadu government has flagged certain provisions in the Bhartiya Nagrik Suraksha Sanhita and Bharatiya Nyay Sanhita as self-contradictory and requiring discussion for implementation.
CONCLUSION
The Tamil Nadu government's move to establish a committee to review the new criminal laws is a significant step towards addressing the concerns raised by the new laws. The committee's recommendations will help to ensure that the new laws are implemented in a manner that is impartial, and that the concerns of all stakeholders are to be addressed. As mentioned earlier, the government has flagged certain provisions in the Bhartiya Nagrik Suraksha Sanhita and Bharatiya Nyay Sanhita as self-contradictory and requiring discussion for implementation.
Additionally, the government has highlighted the need for discussions with academic institutions for revising the syllabus of law colleges, which requires sufficient time. The government has also emphasised the need for capacity building and technological advancements for the stakeholder’s department, including the Judiciary, prisons, prosecution, police and forensic needs sufficient time and resources.
REFERENCES
T Muruganandham, Tamil Nadu forms panel to review new criminal laws, suggest changes, indianexpress.com, (JUL 19, 2024, 7:19 IST), https://www.newindianexpress.com/states/tamil-nadu/2024/Jul/09/tamil-nadu-forms-panel-to-review-new-criminal-laws-suggest-changes
Tamil Nadu CM Stalin forms committee to recommend amendments to be made at state level in three new criminal laws, timesofindia.indiatimes.com, (JUL 8, 2024, 18:35 IST), https://timesofindia.indiatimes.com/india/tamil-nadu-cm-stalin-forms-committee-to-recommend-amendments-to-be-made-at-state-level-in-three-new-criminal-laws/articleshow/111582546.cms
ETB sivapriyan, Tamil Nadu forms committee to study new criminal laws, deccanherald.com,(JUL 08, 2024, 20:02 IST), https://www-deccanherald-com.cdn.ampproject.org/v/s/www.deccanherald.com/amp/story/india%2Ftamil-nadu%2Ftamil-nadu-forms-committee-to-study-new-criminal-laws-3097271?amp_gsa=1&_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%24s&aoh=17214065360972&referrer=https%3A%2F%2Fwww.google.com&share=https%3A%2F%2Fwww.deccanherald.com%2Findia%2Ftamil-nadu%2Ftamil-nadu-forms-committee-to-study-new-criminal-laws-3097271
Divya Chandrababu, Tamil Nadu CM forms panel to suggest amendments in new criminal laws, hindustantimes.com, (JUL 09,2024, 03:56 AM IST), https://www-hindustantimes-com.cdn.ampproject.org/v/s/www.hindustantimes.com/india-news/tamil-nadu-cm-forms-panel-to-suggest-amendments-in-new-criminal-laws-101720464260083-amp.html?amp_gsa=1&_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%24s&aoh=17213777222940&referrer=https%3A%2F%2Fwww.google.com&share=https%3A%2F%2Fwww.hindustantimes.com%2Findia-news%2Ftamil-nadu-cm-forms-panel-to-suggest-amendments-in-new-criminal-laws-101720464260083.html