Annexure ‘CD – 01’

L T P/ SW/F TOTAL
Course Title: Legislative Drafting S W CREDIT
UNITS
Course Code: LAW 431
3 0 0 0 3
Credit Units: 3

Level: UG

Course Objectives:
 This course has been designed to acquaint the students with the skills of legislative drafting.
 It imparts an understanding of the framework of legislative process in a constitutional parliamentary democracy like India.
 Develops theoretical understanding of forms of legislations
 Familiarize the students on the structure and organization of legislative texts, legislative styles and forms of interpretation.

Pre-requisites: NIL

Course Contents/Syllabus:
Weightage (%)
Module I Introduction to Legislative Drafting 15

 Definition of Law
 Sources of Law – Codified and Uncodified Law
 Codification of Law: Origin and growth
 History of legislative process
 Relevance of legislative drafting
 Different kinds of legislative instruments
 Role of legislative drafters
Module II Constitutional Framework for Legislative Drafting 20
 
Process of legislation in India – Centre and State
Separation of Powers
Doctrine of Judicial Review
Distribution of legislative powers – Seventh Schedule
Doctrines of Interpretation of the lists
Categorization of bills
Procedure for introduction and passage of bills
Post legislative process
Veto power of the President
Delegated Legislation
Qualities of Good Drafting
Rules of Composition
Module III Basic Principles of Legislative Drafting 20
 Statement of Objects and Reasons
 Basic steps in Legislative drafting
 Design of the draft legislation
 Legislative sentence and drafting language
 Clarity and readability in legislative drafting
 Punctuation marks in legislative drafting
 Good governance and providing in-built mechanisms for Accountability, Transparency, Monitoring, Evaluation
and Avoiding Corruption in a Bill
 Constraints and limitations of Legislative Drafting

Module IV Drafting a Bill 25

 Bills and kinds of bills
 Schemes and logical arrangement in a Bill competition
 Main parts of a Bill
 Drafting Preliminary Clauses
 Drafting Substantive Clauses
 Drafting Administrative Clauses
 Drafting Procedural Clauses
 Drafting Financial Clauses
  Drafting Penal Clauses
 Drafting good governance
 Providing in-built mechanisms for Accountability, Transparency, Monitoring, Evaluation and Corruption
Avoidance Clauses
 Drafting Supplementary Clauses
 Drafting Miscellaneous Clauses
 Drafting Final Clauses
 Drafting Schedules and Tables etc
 Drafting Amending Bill
 Drafting Statement of Objects and Reasons

Module V -Principles of Interpretation of Statutes and Legislative Process 20

 Rules of Statutory Interpretation

 Aids to interpretation – Internal and External
 Interpretation of Constitution – Doctrine of Eclipse, Waiver, Severability, Prospective Overruling
 Harmonious Construction
 Legislative Process- Preparatory Process, Conceptual Process, Consultative Process, Green and White Papers
and Cabinet Control
 Emerging Trends in Legislative Drafting

Course Learning Outcomes:

The outcomes for the course are that at the end the students will be able to:

 Identify, analyze and reflect on the different influences on approaches to legislative drafting including the role of parliamentary committees, the
approach of the courts to statutory interpretation, and other rules of statutory interpretation.
 Understand the important principles and structural formalities to be borne in mind while drafting legislation.
 Apply range of legislative drafting techniques to assist in the drafting of legislation.
 Analyze and evaluate existing legislation and prepare amendments to change or improve it.
 Create independently a complete piece of legislation suitable for enactment.

Pedagogy for Course Delivery: The class will be taught using both, lecture and case study method.

Lab/ Practicals details, if applicable: N/A

 List of Experiments:

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

100% NA 70%

Theory Assessment (L&T):

Continuous Assessment/Internal Assessment End Term Examination

Components (Drop down) Project Class Test Viva Attendance

Weightage (%) 10% 10% 5% 5% 70%

Lab/ Practical/ Studio Assessment:N/A

Continuous Assessment/Internal Assessment End Term Examination

(____ %) (____ %)

Components (Drop down

Weightage (%)
Mapping Continuous Evaluation components/PSDA with CLOs

Bloom’s Level > Remembering Understanding Applying Analyzing Evaluating Creating

Course Learning Identify, analyze Understand the Apply Analyzing Evaluating Create
Outcomes and reflect on the important range of existing existing independently a
different principles and legislative legislation legislation and complete piece of
structural drafting and prepare prepare legislation suitable
influences on
Assessment formalities to techniques amendments amendments to for enactment.
type/PSDA approaches to be borne in to assist in to change or change or
legislative drafting mind while the drafting improve it. improve it.
including the role drafting of
of parliamentary legislation. legislation.
committees, the
approach of the
courts to statutory
interpretation, and
other rules of
statutory
interpretation

Class Test   
Project    
Viva  

Text Reading:
1. Legislative Drafting- Shaping the Law for the New Millennium, TK Vishwanathan. Indian Law Institute (2015)
2. Legislative Drafting: Principles and Techniques, 5th Edition, B R Are. Universal Law Publishing, ISBN – 9788131250747 (2017)
References:
3. Principles of Legislation and Legislative Drafting, 3rd Edition, N K Chakrabarti. R Cambray & Co. Pvt. Ltd, ISBN – 9788189659325 (2017)
4. Introduction to Legislative Drafting, P M Bakshi, Lexis Nexis, ISBN – 9788171180738 (1995)
5. Law in the Making, 7th Edition, C K Allen. Oxford University Press. ISBN - 978-0198253389
6. Thornton’s Legislative Drafting, 5th Edition, Helen Xanthaki. Bloomsbury Professional, ISBN – 9781780432090
7. Legislative Drafting: Step by Step, Carolina Academic Press, ISBN – 9781531006747
8. Principles of Legislative and Regulatory Drafting, 1st Edition, Ian Mcleod. Hart Publishing, ISBN – 9781841137728
9. Interpretation of Statutes, 5th Edition, Vepa P Sarathi. Eastern Book Company. ISBN – 9789351451518
10. Principles of Statutory Interpretation, G. P Singh, 14th Edition, Wadhwa Book Company, Nagpur, 2016
11. Statutory Interpretation of Statutes, PM Bakshi, 1st Edition, Orient Publications, 2008