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By Express News Service
NEW DELHI: An inefficient legislative drafting system can weaken laws, said Home Minister Amit Shah said on Monday. Inaugurating a training programme on legislative drafting for state and central government officials, he said: “It is of utmost necessity that the skills of the legislative drafting officials are upgraded from time to time.”
He further said legislature is not a body of legal experts but that of public representatives, who are aware of the problems and aspirations of the people. Moulding these laws as per the letter and spirit of the Constitution is a heavy responsibility that lies on the legislative department, he added.
“The more simple and clear the drafting of the laws, the easier it is to implement a law. Clear drafting also keeps the possibility of judicial overstepping at bay. The more grey area left during the drafting process, the more scope for judicial interpretations,” he said.
He maintained that legislative drafting is neither art nor science. It is rather skill that has to be practiced while remaining in touch with the spirit of the Constitution, he said, adding 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.
“To upgrade the skills of drafting law one has to read the laws which have attracted lesser debates because of their clarity. Moreover, if time permits also read the debates of the constituent assemblies,” he said.Noting that it is necessary to have a grip on the language, he said the spirit of the law is sometime lost in translation.
“I am glad that 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 over the globe or else we will become irrelevant,” he said.
The government under PM Narendra Modi has rescinded nearly 2,000 irrelevant laws, he said. “We have freed the society, the lawyers and the judiciary from a jungle of laws. The government also has not shied away from making new laws whenever necessary,” he said.
NEW DELHI: An inefficient legislative drafting system can weaken laws, said Home Minister Amit Shah said on Monday. Inaugurating a training programme on legislative drafting for state and central government officials, he said: “It is of utmost necessity that the skills of the legislative drafting officials are upgraded from time to time.”
He further said legislature is not a body of legal experts but that of public representatives, who are aware of the problems and aspirations of the people. Moulding these laws as per the letter and spirit of the Constitution is a heavy responsibility that lies on the legislative department, he added.
“The more simple and clear the drafting of the laws, the easier it is to implement a law. Clear drafting also keeps the possibility of judicial overstepping at bay. The more grey area left during the drafting process, the more scope for judicial interpretations,” he said.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
He maintained that legislative drafting is neither art nor science. It is rather skill that has to be practiced while remaining in touch with the spirit of the Constitution, he said, adding 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.
“To upgrade the skills of drafting law one has to read the laws which have attracted lesser debates because of their clarity. Moreover, if time permits also read the debates of the constituent assemblies,” he said.
Noting that it is necessary to have a grip on the language, he said the spirit of the law is sometime lost in translation.
“I am glad that 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 over the globe or else we will become irrelevant,” he said.
The government under PM Narendra Modi has rescinded nearly 2,000 irrelevant laws, he said. “We have freed the society, the lawyers and the judiciary from a jungle of laws. The government also has not shied away from making new laws whenever necessary,” he said.
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