No Proposal To Take Assistance Of Retired Judges, Senior Advocates In Drafting Legislations: Law Ministry

The Legislative Department has been taking necessary steps to ensure that legislative drafting is simple and unambiguous and at present, there is no proposal to take the assistance of retired judges or senior advocates in drafting legislations, the Law Ministry said on Friday in response to a question raised by Lok Sabha MP D K Suresh during the Monsoon Session of Parliament.

The MP had asked whether Government is aware that one of the main reasons for ambiguous litigation in High Courts and the Supreme Court is the "defective and faulty" drafting of legislations, containing provisions admitting more than one interpretation.

Secondly, he asked whether Government proposed to take the assistance of retired judges of Supreme Court, High Courts and senior advocates in drafting new legislations for making them more accurate.

Lastly, he asked whether the Government has put any mechanism for a periodical review of the working of the legislations with a view to remove ambiguities.

In response, the Ministry said that the Legislative Department is mandated with drafting of laws on the basis of the policy decisions taken by the concerned administrative Ministries/Departments of the Central Government and as per the procedure prescribed by the Ministry of Parliamentary Affairs in the Manual of Parliamentary Procedure in the Government of India.

The Ministry clarified that efforts are aimed at clarity of expressions and use of appropriate words, and presently there is no proposal to take any assistance from the retired Judges or senior advocates.

The reply further stated that the Legislative Department has requested all Ministries/ Departments of the Government of India to ensure that the legislative policies are made simple, non complex and framed in easy to understand language.

"Further, draft persons are also given suitable training. As the process of drafting of laws is continuous and ongoing one, the Legislative Department will continue in its efforts to draft laws which are precise and accurate," the reply concluded.

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