STYLE A good statutory style requires consistency, coherenc i aret Bill or legislation should be preaice and understand, ae legislation is not addressed or aimed at the same subjects or peo le Often the Bills are required to be drafted keeping in view the pany i for whom they are being drafted. The preliminary audience of a Fat varies depending upon the subject-matter of the Bill. The drafter should draft the legislation in precise and simple language where it is addressed to the general public or ordinary man in the street. However, where the Bill regulates the technical matters, for example securities, then brokers and bankers are the audience of the Bill. The Bill will have to be drafted as of necessity, in the vocabulary or technical language which is used and understood in security trade. However, the drafter will take a special care to define every technical term, clearly and precisely, so that the law is understood by the common man when read by him. Brief concise drafting usually leads to clear, understandable language. Clarity should not, however, be sacrified for the sake of brevity. To achieve simplicity in language the drafter shall follow the following rules to make the legislation simple and concise. The drafter must, therefore, follow the following simple rules to make legislation simple and meaningful:— (1) A statute is drafted in accordance with the rules of grammar that normally apply to every document. It should be seen that the terminology used must also be as simple as possible, depending on the complexity of the subject in question. Expressions borrowed from foreign languages must be kept to a minimum. The drafter’s responsibility is very great in terms of terminology, especially in technical and scientific fields. The statute must use correct language. The drafter must suggest to the legislature the best way to make it understandable to the public. (2) The complexity of the subject- legislation being complicated. Acts The world in which we liv matter is not an excuse for the are increasingly complex. e is very complex. The more Scanned with CamScannercomplicated the situation is, the more difficult the drafter’s conceptual work becomes. It is easy to express even a simple reality in a complicated manner. A good drafter, can express even a complex reality clearly. (3) The law should avoid any designation of gender. A statute speaks to both women and men and expressions that appear to refer only to men should be avoided. Clearly, some provisions will apply to only men or only women. Thus, a statute governing the working conditions of working women will necessarily make a distinction on the basis of the gender of the persons concerned. (4) The punctuation should be sober and not excessive. It must not include expressive signs such as exclamation marks. An Act is neutral and its punctuation should be simple, justified and uniform. (5) It must be remembered that the meaning of a provision is not dependent solely on its punctuation. Punctuation is an element of the sentence. However, if the meaning of a provision can be changed simply by changing the punctuation the provision must be rewritten. (6) Parentheses or brackets shall not be used as punctuation because they interrupt the flow of the sentence. Parentheses are normally used to add non-essential items of information. (7) Itis preferable for an Act to speak in the active voice. Moreover, this is essential when a duty is imposed or a power is conferred. Use of the passive voice should not automatically be rejected. It is perfectly justified in case of general prohibitions or where the context clearly designates the person responsible for applying the rule. (8) An Act speaks in the present tense. The future and the past are used only to express the temporal relationship between two events. (9) An Act does not express desires, wishes or justifies. It orders, authorises, prohibits, governs or imposes penalties. (10) Different words must not be used to express the same idea. The same word must not be used to express different ideas. In legislative drafting, monotony is a positive quality. A reader will always assume that the intention is different if different words are used. The Act is the drafter’s only link with the wishes of the Legislature. What is referred to as a ‘permit’ in Scanned with CamScannerqa) (12 (13) one section may not be called a ‘licence’ or an “ elsewhere. Variations for pleasure or elegance are unto The terminology of a piece of subsidiary legislat ae differ from that used in an Act. The same rule ao, poet ts all documents that are mote or less parallel and apply nents same area of activities. i Meth te The use of synonyms to convey a single concept should be avoided. The search for the correct and true expression is more difficult than the repetition of terminological approximations, but that is indeed the drafter’s job. Unnecessary structural parts in an Act are not only pointless but also dangerous. This will ward off the risk of error and the risk of an interpretation that does not reflect the intention of the legislature. Any unnecessary structural part that becomes mandatory in a body of an Act must be checked and in some cases corrected. There are no details when the purpose of the task is a set of provisions extending over three hundred of pages. Pruning is essential for better management of drafting time. For example, if there is a convention to the effect that each section number would be followed by a full stop, it would be necessary for each drafter not to forget this rule. Any wording added for the sole purpose of clarifying the provision may lead to different interpretations. Economy of words is a feature of good legislative drafting. No one can claim to understand an Act unless he has prior knowledge of the social reality that is governed by that Act. Above all, the gratuitous use of specialised or obscure terms in the Act should not be encouraged. However, it must be remembered that, an understanding of the Companies Act will require a knowledge of how the companies and corporations function. The legislation relating to business houses will require a knowledge of the areas of corporate law, taxation and accounting. The solemnity that is appropriate for Constitutional Law may not be appropriate in Civil Law provisions or in provisions of the Criminal A ComScanner ScaniNote.—The enumerations referred here are series of nouns along the lines of ‘cars, trucks, tow-trucks and other vehicles’, It does not refer to a complete list of the powers granted to a person or an organisation. (15) Absolute precision in legislative drafting is not possible; we are not dealing with mathematics. It can be gauged not by a pure equation but rather by the degree of approximation to reality, Reality often changes and cannot be frozen. (16) The use of expressions borrowed from foreign languages is justified only when they have been integrated into the national language. The use of neologisms that are consistent with the spirit of the national language is often preferable. However, in the country like India where many States have a different language, the drafter must not hesitate in using terminology or phrases commonly understood in the language of the State in particular. If necessary, an explanation may be added to explain the term or phrase. (17) Only acronyms that are commonly used and familiar may be used in an Act. The inclusion of acronyms often looks ‘learned’ but reduces understanding. While such devices may be tolerated in documents intended for a limited group of people, the law must speak in a clear language. (18) References should be avoided whenever possible and as a rule no references should be made to the ‘preceding’ or the ‘following’ section, unless absolutely necessary. An Act is a document that changes and is designed to permit incorporations of any amendments that may be made subsequently. Between one section and the next one a large number of provisions could be inserted sooner or later. A reference to a later section is in reality a trap for the drafter, who may later be responsible for drafting amendments. (19) References to a provision are made by giving a complete description of it without adding ‘of this Act’ or ‘of this section’, unless such an expression is necessary to ensure that no confusion arises from a reference to another Act. (20) A dispensation or reservation should be used only in clear caseS of inconsistency to indicate which provision takes precedence. — The expressions ‘notwithstanding’ and ‘subject to’ and other similar expressions are useful to guide the reader searching for the meaning of a series of provisions. The misuse of these words is unfortunate, and is often employed as a drafting s' Scanned with CamScannerbut this jis bad drafting, The simultaneous use of a derogat and a reservation should be avoided at all costs. at 21) Ci 2 (21) Complex words or terms should not be used, where one or more simple words convey the same meaning, Examples : Complex absolutely null and void accorded adjudged, ordered and decreed admit of afforded among and between at the place at the same time at the time cause it to be done commence, institute constitute and appoint contiguous to do and perform does not operate to during such time as during the course of enter into a contract with evidence, documentary and otherwise evince Simple void and of no effect given adjudged allow given among (if more than two things or persons are involved); between (if two or more things are involved but are treated individually) where when when have it done start, begin appoint next to do does not while during to contract with evidence show Scanned with CamScannerexcept that for the duration of for the purpose of holding for the reason that full and adequate or full and complete in order to in a case in which in case indicate (in the sense “to show”) inquire institute interrogate in the event that in the interest of is able to is applicable is authorized and directed is authorized to is binding upon is directed to is empowered to is required to is unable to it is the duty it shall be lawful to occasion (as a verb) of a technical nature on the part of or, in the alternative possessed preserve but during; while to hold because full to when if show ask begin; start question if for can applies shall may binds shall may shall cannot shall may cause technical by or have or had keep Scanned with CamScannerprior or prior to immediately preceding proceed procure prosecute its business provided that render (in the sense of give) render (in the sense of cause to be) require (in the sense of need) retain shall have the power to subsequent subsequent to summon in the manner in which to the effect that under the provisions of until such time as utilize; employ (in the sense of use) when where with reference to earlier; before; o + oF 89; go ahead obtain; get carry on its business if; unless; but; or except give make need keep may later after send for; call how that under until use if in which for (22) The use of redundant or inconsistent couplets should be avoided and only one of the terms to convey the meaning directly should be used. Examples: (a) Redundant couplets—{here use only one of them): alter and change authorise and empower by and with each and all Scanned with CamScanner(b) each and every final and conclusive from and after full and complete full force and effect made and entered into order and direct ; over and above shall have and exercise unless and until Inconsistent couplets—from the followin ; '8 couplets use only | those which convey the proper meanin, as Fa 8 as the context may any and all authorize and direct desire and require means and includes necessary and desirable power and authority Scanned with CamScanner