Legislative Drafting

Module 2

Process of legislation in India - Centre and State.

In India, the legislative process involves the enactment of

laws at both the central (Union) and state levels. The
legislative process differs slightly between the two levels of
government. Here's an overview of the legislative process at
both the central and state levels:

1. Central Level (Union Parliament):

The legislative process at the central level in India involves

the Union Parliament, which consists of two houses: the Lok
Sabha (House of the People) and the Rajya Sabha (Council of
States). The central government has the authority to legislate
on subjects mentioned in the Union List and Concurrent List
of the Seventh Schedule of the Indian Constitution.

A. Proposal and Introduction:

- The process begins with the proposal for a new law or an
amendment to an existing law.
 - The proposal can originate from a Member of Parliament
(MP), a minister, or even the President of India.
- The bill is then introduced in either the Lok Sabha or the
Rajya Sabha.

B. Discussion and Approval:

- The bill goes through a series of readings and discussions
in both houses.
- It can be referred to various parliamentary committees for
detailed examination and recommendations.
- Amendments can be proposed and discussed.

C. Voting and Passage:

- Once both houses agree on the bill and its amendments, it
is put to a vote.
- If the bill is approved by a majority vote in both houses, it
proceeds to the next stage.

D. President's Approval:
- After passage in Parliament, the bill is sent to the
President for assent.
- The President can either give their assent or withhold it, in
which case the bill will not become law.
2. State Level (State Legislature):

Each Indian state has its own legislature, consisting of two

houses: the Vidhan Sabha (Legislative Assembly) and the
Vidhan Parishad (Legislative Council) if the state has one.
State legislatures have the power to legislate on subjects
mentioned in the State List of the Seventh Schedule.

A. Proposal and Introduction:

- Similar to the central level, a bill can be proposed by a
Member of Legislative Assembly (MLA), a minister, or the
Governor of the state.
- The bill is introduced in either the Vidhan Sabha or the
Vidhan Parishad (if applicable).

B. Discussion and Approval:

- The bill undergoes multiple readings and discussions in the
respective houses.
- It can be referred to legislative committees for
examination.
C. Voting and Passage:
- Once both houses agree on the bill and any proposed
amendments, it is put to a vote.
- If the bill is passed by a majority vote in both houses, it
moves to the next stage.

D. Governor's Approval:
- The bill is sent to the Governor of the state for assent.
- The Governor can either give their assent or withhold it,
similar to the President's role at the central level.

It's important to note that not all states in India have a

Legislative Council (Vidhan Parishad); some states have a
unicameral legislature with only a Legislative Assembly
(Vidhan Sabha). Additionally, certain matters may require the
President's assent at the central level or the Governor's
assent at the state level before becoming law.
Explain - 1. Separation of Powers , 2. Judicial Review.
With the help of case laws. Also discuss the relationship
between them.

Separation of Powers and Judicial Review are fundamental

concepts in constitutional law that help maintain the balance
of power within a government and ensure the protection of
individual rights. These concepts are often intertwined, as
they both play a crucial role in checking and balancing
government actions. Let's explore each concept and their
relationship with the help of case laws:

1. Separation of Powers:
Separation of Powers is a doctrine that divides the functions
of government into three distinct branches: the legislative
branch (which makes laws), the executive branch (which
enforces laws), and the judicial branch (which interprets
laws). This separation is designed to prevent any one branch
from becoming too powerful and abusing its authority.

Case Law Example - United States v. Curtiss-Wright (1936):

 In this case, the U.S. Supreme Court upheld the President's
power to embargo arms sales to certain countries without
Congress's specific authorization. The Court's decision
highlighted the President's unique authority in foreign affairs,
emphasizing the idea that each branch has its distinct and
separate powers.

2. Judicial Review:
Judicial Review is the power of a court to review and
invalidate actions taken by the legislative and executive
branches of government if they are found to be
unconstitutional. This authority allows the judiciary to serve
as a check on the other branches and ensure that they do not
exceed their constitutional boundaries.

Case Law Example - Marbury v. Madison (1803):

This landmark U.S. Supreme Court case established the
principle of judicial review. Chief Justice John Marshall's
opinion in Marbury v. Madison asserted that it is the duty of
the courts to determine the constitutionality of government
actions. The case involved a dispute over a judicial
appointment, and the Court ruled that it had the authority to
review and potentially invalidate acts of Congress that
conflicted with the Constitution.
Relationship between Separation of Powers and Judicial
Review:
The relationship between Separation of Powers and Judicial
Review is one of mutual dependence and balance:

1. Checks and Balances: Separation of Powers creates a

system of checks and balances, where each branch has some
control over the others. Judicial Review is a critical check by
the judiciary on the legislative and executive branches. It
ensures that these branches do not overstep their bounds or
violate the Constitution.

2. Enforcement of Constitutional Boundaries: Judicial Review

allows the judicial branch to enforce the boundaries
established by the Separation of Powers doctrine. When a
law or executive action is challenged in court, the judiciary
determines if it complies with the Constitution and the
division of powers.

3. Preservation of Rights: Both concepts work together to

protect individual rights. If one branch infringes upon the
rights of citizens, the other branches can intervene, and
ultimately, the judiciary can declare such actions
unconstitutional.
In summary, Separation of Powers divides government
functions to prevent abuse of power, while Judicial Review
empowers the judiciary to review and potentially strike down
unconstitutional actions by the other branches. Together,
these concepts help maintain a system of government that
respects the rule of law and safeguards individual liberties.

Distribution of legislative powers - Seventh Schedule

The distribution of legislative powers in a federal system of

government is essential for defining the authority and
responsibilities of different levels of government. In the
context of India, which has a federal system of government,
the distribution of legislative powers is outlined in the
Seventh Schedule of the Indian Constitution.

The Seventh Schedule of the Indian Constitution divides

legislative powers between the central government (Union)
and the state governments. It consists of three lists:

1. Union List (List I): This list enumerates subjects on which

only the Parliament of India can make laws. These subjects
are of national importance and include areas such as defence,
foreign affairs, atomic energy, and banking.
2. State List (List II: This list contains subjects on which only
the state legislatures can make laws. These subjects are
typically of regional or local significance and include areas like
police, public health, agriculture, and local government.

3. Concurrent List (List III): The Concurrent List contains

subjects on which both the central and state governments
can make laws. When there is a conflict between central and
state laws on concurrent subjects, the central law prevails.
Examples of concurrent subjects include education, criminal
law, and marriage and divorce.

The distribution of legislative powers in the Seventh Schedule

serves several important purposes:

1. Clear Allocation of Powers: It clearly defines which level of

government has the authority to legislate on specific
subjects, reducing the potential for conflicts or duplication of
laws.

2. Protection of Federal Structure: It helps maintain the

federal structure of India by ensuring that both the central
and state governments have their areas of jurisdiction and
autonomy.
3. Balancing National and Local Interests: It balances the
interests of national unity and local self-governance by
allowing both the central and state governments to legislate
on relevant subjects.

4. Flexibility: The Concurrent List allows for flexibility in

governance by allowing both levels of government to
legislate on certain subjects, adapting to changing needs and
circumstances.

In case of any dispute or ambiguity regarding the distribution

of legislative powers, the Indian judiciary, particularly the
Supreme Court, plays a crucial role in interpreting the
Constitution and determining which level of government has
the authority to legislate on a particular matter. The aim is to
maintain the delicate balance between central and state
powers while upholding the principles of federalism and the
rule of law in India.
Doctrines of Interpretation of the lists

In the context of the Indian Constitution and its Seventh

Schedule, the doctrines of interpretation play a crucial role in
determining the scope and boundaries of legislative powers
allocated to the Union (central government) and the States.
These doctrines help clarify how the various lists (Union List,
State List, and Concurrent List) should be interpreted and
applied. Here are some key doctrines of interpretation
regarding these lists:

1. Doctrine of Pith and Substance:

This doctrine suggests that the true nature or essential
character of a law should be determined to decide under
which list it falls. If the dominant purpose and character of a
law fall within one list, even if it incidentally affects a subject
in another list, it will be considered valid. This doctrine allows
for flexibility in interpretation.
 Case Example: In the case of R.M.D. Chamarbaugwala v.
Union of India (1957), the Supreme Court upheld the validity
of the Bombay Lotteries and Prize Competitions Control and
Tax Act, 1948, even though it touched upon betting and
gambling, which are subjects in the State List. The court
found that the primary purpose of the law was to raise
revenue and control lotteries, which fell within the Union List.

2. Doctrine of Repugnancy:
If there is a conflict or inconsistency between a central law
(Union List) and a state law (State List) on the same subject
within the Concurrent List, the central law prevails. This
doctrine ensures uniformity in areas of concurrent
jurisdiction.

Case Example: In the case of Deep Chand v. State of Uttar

Pradesh (1959), the Supreme Court held that a state law
imposing a sales tax on goods declared tax-free by a central
law was repugnant and void under Article 254(1) of the
Constitution.

3. Doctrine of Colourable Legislation:

This doctrine prevents legislatures from enacting laws on a
subject ostensibly within their jurisdiction while actually
encroaching upon another list. It prohibits the use of a
colourable device to usurp legislative powers.

Case Example: In the case of K.C. Gajapati Narayan Deo v.

State of Orissa (1954), the Supreme Court held that the State
of Orissa's land reform law, which sought to acquire property
for a purpose other than agrarian reform, was colourable
legislation and unconstitutional.

4. Doctrine of Preamble and Object:

Courts may consider the preamble and the stated objective
of a law when determining its legislative competence. If the
preamble and the main purpose of the law fall within a
particular list, it may influence the classification of the law.

Case Example: In the case of B.R. Kapoor v. State of Tamil

Nadu (2001), the Supreme Court considered the preamble
and object of a law to determine its legislative competence.
The court upheld the Tamil Nadu Tax on Luxuries in Hotels
and Lodging Houses Act, 1981, as it was primarily aimed at
taxing luxuries.

These doctrines help the judiciary navigate complex cases

where the allocation of legislative powers is not always clear-
cut. By relying on these principles, the courts ensure that
laws are interpreted and applied in a manner consistent with
the constitutional framework of India and the distribution of
powers outlined in the Seventh Schedule.

Explain the procedure of Introduction of bill in Indian

Parliament
The procedure for introducing a bill in the Indian Parliament
is a crucial step in the legislative process. A bill can be
introduced in either the Lok Sabha (House of the People) or
the Rajya Sabha (Council of States), depending on the type of
bill and the house where it originates. Here's a detailed
overview of the procedure:

1. Drafting the Bill:

The process typically begins with the drafting of the bill. The
bill's content, objectives, and provisions are carefully crafted
by the concerned ministry or department of the government.
The bill must undergo legal scrutiny to ensure its
compatibility with the Constitution and existing laws.

2. Approval by the Cabinet:

Once the bill is drafted, it must be approved by the Union
Cabinet, which is composed of various ministers from the
government. The Cabinet reviews and discusses the bill's
provisions before granting approval.

3. First Reading:
The bill is then introduced in either the Lok Sabha or the
Rajya Sabha, depending on its nature. Bills related to finance
(Money Bills) must be introduced in the Lok Sabha, while
other bills can be introduced in either house.

4. Introduction and Motion:

In the house where the bill is being introduced, a member
of Parliament (MP) from the government (usually a minister)
presents the bill. They introduce the bill by moving a motion,
which is a formal request for the bill's consideration. This
motion briefly explains the bill's purpose and objectives.

5. First Reading Debate:

After the bill is introduced and the motion is moved, there
is a limited debate on the bill's general principles and
objectives. This is not a detailed discussion of the bill's
provisions. The bill is then subjected to a vote. If the majority
of members present and voting agree, the bill proceeds to
the next stage.
6. Committee Stage:
The bill is referred to a parliamentary committee for
detailed examination. The committee, often a subject-specific
standing committee, reviews the bill's provisions, suggests
amendments if necessary, and prepares a report. This stage
allows for expert input and in-depth analysis.

7. Second Reading:
After the committee stage, the bill returns to the house for
the second reading. During this stage, members debate the
bill's provisions, including any proposed amendments. A
clause-by-clause discussion may take place, and members
have the opportunity to make further amendments.

8. Voting on Amendments:
Members vote on the proposed amendments, and the bill
may undergo further modifications based on the outcome of
these votes.

9. Passage in the House:

Once all amendments are considered, and the house is
satisfied with the bill's content, a final vote is held on the bill
as a whole. If it receives a majority vote, it is passed in that
house.
10. Transmission to the Other House:
If the bill was introduced in the Lok Sabha, it is then
transmitted to the Rajya Sabha (or vice versa). The other
house repeats a similar process, including the introduction,
committee stage, second reading, and voting.

11. Concurrence or Amendments:

If the other house makes amendments to the bill, it is sent
back to the originating house for consideration of those
amendments. This process can involve negotiation between
the two houses until a consensus is reached.

12. President's Assent:

Once both houses agree on the final version of the bill, it is
sent to the President of India for their assent. The President
can either give their assent, withhold it, or return the bill (if
it's not a Money Bill) with a request for further consideration.

13. Enactment:
If the President gives their assent, the bill becomes an Act
of Parliament and is part of the law of the land. It is then
published in the official gazette.

It's important to note that the procedure may vary slightly for
Money Bills, which have special provisions outlined in Article
110 of the Indian Constitution. Additionally, the Lok Sabha,
being the lower house, has the final say in case of a
disagreement between the two houses on non-Money Bills.

What is delegated legislation?

Delegated legislation, also known as subordinate or

secondary legislation, refers to the process through
which a legislative body (such as a parliament or
congress) delegates its law-making authority to another
entity, typically a government agency or minister. This
delegation of authority allows the delegated entity to
make rules, regulations, and laws within a specified area
or subject matter, without the need for a new primary
law or act of the legislature.

Here are some key features and examples of delegated

legislation:

1. Authority Delegation: The primary legislature grants a

specific authority or power to another body to create
detailed rules and regulations. This delegation can be
done through an enabling act or statute.

2. Specific Scope: Delegated legislation typically has a

specific scope or purpose defined in the enabling act. It
cannot extend beyond the limits set by the primary
legislation.

3. Technical Matters: Delegated legislation is often used

for matters that require frequent adjustments, technical
expertise, or flexibility. These matters can include
administrative procedures, technical standards, licensing
requirements, and regulatory details.

4. Supplementing Primary Legislation: Delegated

legislation supplements and supports primary legislation.
It allows for the implementation and enforcement of laws
passed by the legislature.

5. Review and Control: Delegated legislation is subject

to review and control by the judiciary and, in some
cases, by the legislature itself. Courts can assess
whether the delegated authority has exceeded its
powers or acted in an arbitrary manner.

Examples of delegated legislation include:

1. Regulations: Government agencies can create

regulations that provide detailed instructions on how to
implement and enforce a law. For example,
environmental agencies may establish regulations for air
quality standards.

2. Orders: Ministers or government officials can issue

orders to address specific issues or emergencies. For
instance, a health minister may issue quarantine orders
during a public health crisis.
3. Bylaws: Local governments often use delegated
legislation to create bylaws that govern specific aspects
of community life, such as zoning regulations, parking
rules, and business licensing requirements.

4. Statutory Instruments: In some countries, delegated

legislation takes the form of statutory instruments or
statutory rules, which have the force of law.

While delegated legislation can be efficient in

addressing practical and technical aspects of
governance, it also raises concerns about democratic
accountability and transparency. To address these
concerns, most democratic systems include
mechanisms for parliamentary or judicial oversight to
ensure that delegated authorities do not overstep their
boundaries or act inappropriately.
Explain the kinds of Veto Power given to the President of
India under Indian Constitution.

The President of India has three types of veto powers

under the Indian Constitution, which allow them to
influence and potentially block the passage of
legislation. These veto powers are:

1. Absolute Veto (or Suspensive Veto):

- When a bill is presented to the President after being

passed by both houses of Parliament (Lok Sabha and
Rajya Sabha), the President has the option to withhold
their assent to the bill.
- If the President exercises the absolute veto, the bill
does not become law, and it does not return to
Parliament for reconsideration.
- This is a rarely used power and is typically exercised
only in exceptional circumstances where the President
believes that the bill violates the Constitution or other
legal provisions.

2. Qualified Veto (or Pocket Veto):

- The qualified veto power allows the President to

withhold their assent to a bill for a certain period,
typically until further deliberation or discussion.
- If the President does not take any action on the bill
within the specified time frame, the bill does not become
law, effectively vetoed.
- The Constitution of India does not specify a time limit
for the President's consideration, but conventions and
practices have evolved to determine this period.
Generally, the President is expected to act within a
reasonable time.
- The qualified veto is often used when the President
has reservations about a bill but believes that further
discussion and revision might lead to a more acceptable
version.

2. Suspensive Veto (or Pocket Veto with a Time

Limit):

- In this case, the President returns the bill to

Parliament for reconsideration, along with a request for
certain amendments or clarifications.
- If Parliament makes the requested changes and
passes the bill again, the President is bound to give their
assent, and the bill becomes law.
- If Parliament does not make the requested changes
or fails to pass the bill again, the President's veto is
sustained.
 - This veto power allows the President to have a say in
the legislative process without outright rejecting the bill.

What are the qualities of good drafting? Explain with

Example. Explain pre-drafting cares which the drafter
must look into before drafting a bill.

Good drafting is essential for creating clear, effective,

and legally sound documents, such as bills, contracts, or
legal agreements. It involves careful planning, attention
to detail, and an understanding of the language and
context in which the document will be used. Here are
some qualities of good drafting, explained with an
example:

1. Clarity: A well-drafted document should be clear and

easy to understand. It should convey its intended
meaning without ambiguity or confusion. For example, in
a contract, the terms and conditions should be stated in
straightforward language so that both parties can easily
grasp their obligations.
2. Precision: Precision in drafting means using precise
language and terminology. Ambiguous or vague terms
can lead to disputes or misinterpretation. For instance, if
drafting a patent application, precise technical language
is crucial to define the invention accurately.

3. Consistency: Maintaining consistency throughout the

document is important. This includes using consistent
terminology, formatting, and numbering. In a lengthy
legislative bill, for example, consistent use of defined
terms ensures clarity and avoids confusion.

4. Completeness: A well-drafted document should

address all relevant issues and cover all necessary
details. If drafting a will, it should clearly specify the
distribution of assets and provisions for various
scenarios to avoid legal challenges.

5. Legal Compliance: Legal documents must comply

with applicable laws and regulations. Failure to do so
can render the document invalid or unenforceable.
When drafting a business contract, for instance, it
should adhere to relevant contract law and business
regulations.

6. Context Awareness: Drafters must consider the

context in which the document will be used. For
example, a legal brief must take into account the specific
jurisdiction's laws and precedents that apply to the case.

7. Audience Consideration: A good drafter should keep

the intended audience in mind. Tailoring language and
content to the knowledge and needs of the readers can
enhance the document's effectiveness. For example, a
user manual should be written in a way that is
understandable to the target audience, which may
include non-technical users.

Now, let's discuss "pre-drafting cares" that a drafter

must look into before drafting a bill or any legal
document:

1. Legal Research: Before drafting, conduct thorough

legal research to understand the relevant laws,
regulations, and precedents that apply to the subject
matter of the document.

2. Purpose and Objectives: Clearly define the purpose

and objectives of the document. Understand what you
want to achieve and the legal framework within which it
will operate.

3. Stakeholder Consultation: If applicable, consult with

relevant stakeholders, experts, or affected parties to
gather input and ensure their concerns are addressed.

4. Outline and Structure: Create an outline or structure

for the document to organize your thoughts and ensure
all necessary sections and provisions are included.

5. Language and Terminology: Determine the

appropriate language and terminology to use in the
document, considering the audience's understanding
and the legal context.
6. Precedent Review: Review similar documents or
precedents to get a sense of how similar issues have
been addressed in the past.

7. Clarity and Conciseness: Aim for clarity and

conciseness in your drafting. Avoid unnecessary jargon
or complex language.

8. Draft Versions: Prepare multiple draft versions and

review them for consistency, completeness, and legal
compliance.

9. Editing and Proofreading: Carefully edit and proofread

the document for errors, including grammatical, spelling,
or typographical mistakes.

10. Review by Experts: If possible, have the document

reviewed by legal experts or specialists in the relevant
field to ensure accuracy and legality.

By following these pre-drafting cares and the qualities of

good drafting, you can create documents that are
effective, legally sound, and well-suited to their intended
purpose.
What are post legislative process in India?

In India, the post-legislative process refers to the steps

that take place after a bill has been passed by both
houses of Parliament (Lok Sabha and Rajya Sabha) and
receives the President's assent to become law. These
post-legislative processes are crucial for the effective
implementation and enforcement of laws. Here are
some key aspects of the post-legislative process in
India:

1. Publication: Once a bill becomes law, it is published in

the official Gazette of India. This publication serves as
official notification and makes the law accessible to the
public.

2. Commencement Notification: Some laws may not

come into force immediately after receiving the
President's assent. The government may issue a
commencement notification specifying the date on which
the law will become operational. This allows for
preparation and readiness for implementation.

3. Rulemaking: Many laws require the formulation of

rules and regulations to provide detailed guidance on
how the law will be implemented. Ministries and
departments of the government are often responsible for
drafting and notifying these rules.

4. Setting Up Regulatory Authorities: In some cases,

new laws create regulatory bodies or authorities
responsible for overseeing and implementing specific
aspects of the law. These authorities are established
and operationalized in the post-legislative phase.

5. Monitoring and Enforcement: After a law is enacted,

government agencies and law enforcement bodies are
responsible for monitoring compliance and enforcing the
provisions of the law. This includes taking action against
violations, conducting investigations, and ensuring
penalties or sanctions are imposed as per the law.

6. Amendments and Repeals: Over time, it may become

necessary to amend, repeal, or modify existing laws to
address changing circumstances or shortcomings in the
legislation. The legislative process allows for such
amendments to be proposed and enacted.

7. Judicial Review: The judiciary plays a significant role

in interpreting and reviewing the constitutionality and
legality of laws. If a law is challenged in court, the
judiciary may provide judgments that impact the
implementation and scope of the law.

8. Evaluation and Impact Assessment: The government

may conduct evaluations and impact assessments of the
law to determine its effectiveness and whether it has
achieved its intended objectives. This information can
inform future policy decisions.

9. Public Awareness and Education: The government

often engages in public awareness and education
campaigns to inform citizens about their rights and
responsibilities under the new law.

10. Feedback and Consultations: The government may

seek feedback from stakeholders and the public
regarding the implementation of the law. This input can
help identify issues and areas for improvement.

11. Reports to Parliament: Periodic reports may be

submitted to Parliament to update lawmakers on the
status of the law's implementation and any challenges
faced.

12. Monitoring Committees: In some cases,

parliamentary committees or oversight bodies may be
established to monitor the implementation and
effectiveness of specific laws.

These post-legislative processes are vital to ensuring

that laws are effectively implemented, enforced, and
adapted as needed to address evolving circumstances
and meet the objectives set by the legislature when the
laws were passed.

What are rules of composition in legislative drafting in

India?

In legislative drafting in India, there are several rules and

principles of composition that drafters adhere to in order
to create clear, precise, and legally sound laws. These
rules of composition help ensure that legislative texts
are well-structured and easily understood by both legal
professionals and the general public. Here are some key
rules of composition in legislative drafting in India:

1. Use of Clear and Precise Language: Drafters use

clear, precise, and unambiguous language to convey the
intended meaning of the law. Ambiguity or vagueness
should be avoided to prevent misinterpretation.

2. Consistency in Terminology: Consistent use of

terminology and defined terms throughout the text helps
maintain clarity and reduces confusion. Defined terms
should be clearly defined at the beginning of the
legislation.

3. Structure and Formatting: Legislation should have a

logical and well-organized structure. This includes the
use of headings, subheadings, and numbered sections
to guide readers through the text. Additionally,
formatting conventions should be consistent throughout
the document.

4. Punctuation and Grammar: Proper punctuation and

grammar are crucial to the clarity and precision of
legislative texts. Drafters must adhere to standard
language conventions.

5. Avoiding Redundancy: Redundant or repetitive

language should be avoided to keep the text concise.
Drafters should also avoid unnecessary verbosity.

6. Cross-References: When referring to other sections of

the same legislation or related laws, drafters should use
cross-references. These references should be accurate
and clearly indicate where the reader should look for
more information.

7. Schedules and Annexures: If a law includes

schedules or annexures, they should be clearly labeled,
referenced, and incorporated into the legislation
seamlessly.

8. Use of Definitions: Important terms and phrases

should be defined in a definitions section at the
beginning of the legislation. Definitions should be
precise and cover all terms relevant to the law.

9. Interpretation Provisions: Legislation often includes

interpretation provisions that clarify how specific terms
or phrases should be understood within the context of
the law.

10. Savings and Transitional Provisions: When a new

law replaces or amends existing legislation, savings and
transitional provisions should be included to manage the
transition from the old law to the new one.

11. Commencement Provisions: Legislation should

specify when it comes into effect. This is often done
through commencement provisions that indicate the
date or circumstances under which the law becomes
operational.

12. Repeal and Savings Clauses: When repealing or

amending existing laws, legislation should include clear
provisions outlining which parts of the old law are
repealed and which provisions are retained.

13. Penalties and Offenses: If the legislation includes

penalties or defines offenses, these provisions should
be clear and specify the nature of the offense, the
penalties, and the process for enforcement.

14. Simplification and Accessibility: Efforts should be

made to simplify the language and structure of the
legislation to make it accessible to a wide audience,
including non-legal professionals.
15. Cross-Check for Consistency: Drafters should cross-
check the entire document for internal consistency to
ensure that all provisions align with the overall intent and
purpose of the legislation.

These rules of composition help ensure that legislative

texts in India are well-crafted and effective in achieving
their intended goals while also being accessible and
understandable to those who need to interpret and apply
the law. Effective legislative drafting is essential for the
proper functioning of the legal system and the rule of
law.