Ordinance not ideal way of legislation, says Justice Indu Malhotra

Ordinance is not an ideal way of legislation, which should be introduced through debate that helps refine law, Justice Indu Malhotra said Wednesday.

Although bringing a legislation through Ordinance is a valid method, there remain certain lacunae which can be mitigated through public discussions, she said.

She also said that if the lapsed Arbitration and Conciliation (Amendment) Bill, 2018 is reintroduced, then it should not be routed the same way.

Justice Malhotra made these comments while delivering the third 'Nani Palkhivala lecture, 'An Overview of the Arbitration Landscape in India', organised here on the occasion of the noted jurist's birth centenary.

"The Arbitration and Conciliation Act 1996 was brought in through the Ordinance route and the benefit of public discourse and debate in Parliament by all parties was lost. I don't think that is an ideal way of bringing about a legislation although it is a valid method.

"The Arbitration and Conciliation (Amendment) Act, 2015 was again brought through an ordinance. It is not a good idea. It should go through gamete of debates because it always helps in refining the legislation," Justice Malhotra said.

She added: "The Arbitration and Conciliation (Amendment) Bill, 2018, has been lapsed in the Lok Sabha and if it is reintroduced, I hope there will be public discussion and it would not be introduced through Ordinance route."
"There are commercial disputes to be resolved so pragmatism is essential. They need to be trained more in international commercial arbitrations."