Will the new criminal laws going to a face major halt?

Legal News by - ANIRUDDH SHARMA (This News was written by him during his Internship)

Recently on Monday, the chief minister MK Stalin proposed for the formation of a committee led by retired high court justice M Satyanarayan. The Tamil Nadu Government wants a report on the three new criminal laws after referring to bar association of India and other stakeholders in the State, within one a span of 1 month.

In his recent post on X, MK Stalin said that

“They have implemented new criminal laws without hearing the views of the states and holding debates in Parliament, which has led to various protests across the country. The DMK and the Tamil Nadu government continue to oppose this. In a meeting of high officials held today, it was decided to amend these laws and a committee headed by retired Justice has been constituted for the purpose."

The MK Stalin is in oppose of new criminal laws which are Bharatiya Nagarik suraksha sanhita (previously Code of criminal procedure), Bharatiya Sakshya adhiniyam (previously Indian Evidence Act) and Bharatiya nyaya sanhita (previously Indian penal code). These laws recently implemented in 1st July 2024.

The Tamil Nadu Government recommend that the new laws should be implemented on state level so that they can particularly suit the states legislation. The Tamil Nadu Government is against these new laws since December 2023 because they said that all there states weren’t consulted before passing the law. The the Tamil Nadu Government would like to add some state amendments in the acts.

Other reason why Tamil Nadu Government is opposing the laws is because the language of the laws is Sanskrit, which is not the language speaked by common people.

The Criminal laws comes under of List III of the Seventh Schedule of the Constitution of India. The Article 246 (1) of the Constitution grant both parliament and state assemblies to make laws on subjects in the coexisting list.

However, when central law and a state law on the same subject are in strife, Then Article 254 (1) states that the state law shall “be void,” to the extent of abhorrence. Additionally, the state law on a subject in the existing list needs the approval of the President of India.

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