The Jan Vishwas Act: A Response To Regulatory Overreach Or A Means To Reduce Governmental Accountability?

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Harshita Agrawal, CHRIST Deemed to be University

ABSTRACT

"Overcriminalization," a legislative practice that imposes harsh criminal penalties, including jail, for small economic and procedural violations, has long plagued India's regulatory environment. This punitive strategy has overwhelmed the legal system, discouraged enterprise, and created a trust gap. The crucial conflict between the necessity of regulatory change and the requirement to uphold governmental accountability is the research issue this study attempts to solve. A comprehensive reform that decriminalizes 183 clauses in 42 Acts, the Jan Vishwas (Amendment of clauses) Act, 2023, was passed by the Indian Parliament in response to this challenge. This paper's goal is to critically examine whether this Act unintentionally lessens governmental accountability or if it is a progressive response to regulatory overreach.

Without using quantitative data, this article uses a strictly doctrinal technique to analyze the legislative text of the Act, parliamentary discussions, pertinent judicial decisions, and legal research. It makes the case that the legislative transition from a carceral to a trust-based, administrative penalty system is a necessary and appropriate progression of India's regulatory philosophy by analyzing the Act through the theoretical lenses of behavioral compliance and responsive regulation. The article also addresses criticisms that the Act would weaken deterrence, especially in areas like the environment and health that are essential to public welfare.

According to the preliminary assessment, the Jan Vishwas Act is a noteworthy and forward-thinking step in the direction of streamlining India's regulatory structure. Its implementation must be careful and balanced, with strong institutional safeguards, open administrative processes, and context- sensitive application; otherwise, its success is not assured.

The Act offers a foundation for more intelligent regulation, but how well it is implemented will determine how well it balances the public interest with the convenience of doing business.

Keywords: Overcriminalization, regulatory reform, proportionality principle, decriminalization, governmental accountability

396. THE JAN VISHWAS ACT- A RESPONSE TO REGULATORY OVERREACH OR A MEANS TO REDUCE GOVERNME

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