Drafting of laws should be in simple and clear words union home minister shah

Drafting of laws should be in simple and clear words union home minister shah

Clarity in drafting of laws not only makes it easier for the government to implement them but also minimises the scope for debate or a judicial interpretation, Union home minister Amit Shah said here on Monday while inaugurating a training programme on legislative drafting for officers of Parliament, state legislatures, statutory bodies and government departments.

In his address at the training session, in which Lok Sabha Speaker Om Birla, Union ministers Prahlad Joshi and Arjun Ram Meghwal were also present, Shah said there should be special emphasis on not leaving grey areas while drafting a law.

“The more simple and clear the drafting of the laws, the easier it is for the executive to implement them with minimal chances of errors. Clear drafting also keeps the possibility of judicial overstepping at bay. The more grey areas left during the drafting process, the more the scope for judicial interpretations,” the home minister said. Shah underlined that the key function of the legislative department is to provide a legal format to the political will.

“Legislature is not a body of legal experts but that of public representatives who are aware of the problems and aspirations of the people. They make laws in accordance with them. But moulding these laws as per the letter and spirit of the Constitution is a heavy responsibility that rests with the legislative department,” he said.

Stating that legislative drafting is a crucial component of democracy, Shah said lack of knowledge about it not only weakens the laws but the entire democratic system and also affects functioning of the judiciary. He said it is very important for any democratic country that its legislative drafting skills keep upgrading and becoming more efficient with time.

The home minister said itwas necessary to study old and least controversial laws while converting government policies into laws. He said that legislative drafting is a skill that must be practised while remaining in touch with the spirit of the Constitution.

“If there is no debate about the law for 25 years and the judiciary does not have to step in to interpret it, it will be seen as the flawlessness of the skill of the drafting official,” he said.

Recalling how the Modi government has repealed thousands of irrelevant laws since 2015, he said this has “freed the society, lawyers and the judiciary from a jungle of laws”.

He added that the government too has not shied away from making new laws where necessary.

“I am glad the tradition of training legislative drafting officials, which was stopped for whatever reason, has started again. We need to upgrade our skills along with the changes that are sweeping the globe. . . or else we will become irrelevant,” the home minister added.