4 min read.Updated: 15 Feb 2022, 01:36 AM ISTManish Sabharwal,Ashok Reddy
India’s 26,134 prison provisions for employer-compliance violations collectively fail the test of fairness and proportionality
In the late 1940s, US Supreme Court Justice Felix Frankfurter counselled Benegal Narsing Rau, an important contributor to writing the Indian Constitution, that India would be best served without a clause for “due process". The Constituent Assembly accepted his advice and India substituted due process with a phrase from the Japanese Constitution: “procedure established by law." We make the case that this substitution created a wedge between Niti (policy) and Nyaya (justice) via a lazy administrative state that did not fully apply its mind to legislation. A direct consequence of this laziness can be seen in the 26,134 criminal provisions for employers across the 1,536 laws that apply to employers in India.