Assignment on Legislative Drafting

Title: Various ideas such as simplicity, preciseness, consistency, alignment with

existing law while drafting the bill

Name: Dathranghok Robert Sean Pajat

Roll No. : 19
Semester: Tenth (10th)Semester of January 2024- July 2024
Name of institution: Department of Law, North Eastern Hill University,
Shillong.
Submitted to: Prof. Chintamani Rout
 Table of Contents

Sl no. Contents Pg No.

7
 Introduction
Legislative drafting like any other form of legal drafting is an institutionalised means
of communication. The essential distinction is that unlike other forms of legal
drafting which may be easily altered or changed, legislative drafting is more of a
permanent enactment which stands on its own and speaks for itself without any
form of assistance, elucidation or explanation from the drafter or draftsman.

It is imperative that a great deal of care and diligence be exercised in drafting

enactments to reduce as much as possible the probable difficulties and confusion
that may befall the future administration and interpretation of enactments.

Thus, the legislative drafting process may be said to begin with the receipt of
drafting instructions and ends with completion of the draft. For there to be a
legislative drafting, there must be a legislative draftsman.
 Duties of Legislative Draftsman

1. Taking instructions/research adequately.

2. Holding consultations and giving legal advice as and when necessary at

any stage of the legislative process.

3. Preparation of Bills.

4. Preparation of subsidiary legislations.

5. Attending of legislative proceedings during passage of Bills.

6. Providing legal advice.

All in all, it is important for the legislative draftsman to take time to understand and
analyse his drafting instructions. He must spot potential danger and try to resolve
them. He must be able to design very appropriately his draft and seek the assistance
of his colleagues to scrutinise the draft before presenting it to the legislature.
 When drafting a bill, especially one that pertains to forensic science and its integration with the legal
system, several key ideas should be considered to ensure the effectiveness, fairness, and alignment with
existing laws. Let's discuss these ideas in detail:

1. Simplicity:

 Clear Language: Use clear and straightforward language that is easily understandable by all
stakeholders, including lawmakers, legal experts, and the general public.
 Avoid Jargon: Minimize the use of technical jargon and legal terminology that may be
confusing to non-experts. Where necessary, provide explanations or definitions for key terms.
 Logical Structure: Organize the bill in a logical manner with well-defined sections, sub-
sections, and headings to enhance readability and comprehension.

2. Preciseness:

 Specificity: Be precise and specific in stating the objectives, provisions, and requirements
outlined in the bill. Ambiguity or vagueness can lead to misinterpretation or legal challenges.
 Definitions: Define terms and concepts used in the bill clearly and unambiguously to avoid
misunderstandings or differing interpretations.
 Quantitative Measures: If the bill includes quantitative measures such as thresholds, limits, or
percentages, ensure that these are accurately defined and consistently applied throughout the
document.

3. Consistency:

 Harmonization: Ensure that the provisions of the bill are consistent with existing laws,
regulations, and legal frameworks related to the subject matter. Avoid creating conflicts or
contradictions with established legal principles.
 Uniformity: Maintain consistency in terminology, definitions, and standards across different
sections of the bill to promote coherence and ease of implementation.
 Alignment with Policy Goals: The bill should align with broader policy goals and objectives set
by relevant authorities or government agencies, ensuring a cohesive approach to addressing
issues or achieving desired outcomes.

4. Alignment with Existing Law:

 Legal Review: Conduct a thorough review of existing laws, precedents, and regulatory
frameworks relevant to the subject matter of the bill. Ensure that the new bill builds upon,
supplements, or updates existing legal provisions as needed.
 Compliance: Ensure that the bill complies with constitutional provisions, fundamental rights,
and legal principles. Avoid provisions that may be deemed unconstitutional or inconsistent with
fundamental legal norms.
 Transition Periods: If the bill introduces significant changes or regulatory requirements,
consider incorporating transition periods or phased implementation to allow affected parties time
to adapt and comply with the new legal framework.

5. Stakeholder Consultation:

 Engage Stakeholders: Seek input and feedback from relevant stakeholders, including industry
experts, legal professionals, affected parties, and the public. Consider holding consultations,
public hearings, or expert forums to gather diverse perspectives.
 Address Concerns: Address concerns, suggestions, and objections raised by stakeholders during
the drafting process. Strive to achieve consensus and build support for the bill's objectives and
provisions.

6. Clarity on Enforcement and Penalties:

 Enforcement Mechanisms: Clearly define the mechanisms for enforcing the provisions of the
bill, including regulatory oversight, compliance requirements, monitoring, and reporting.
 Penalties and Sanctions: Specify the penalties, sanctions, or enforcement actions that may be
imposed for violations of the bill's provisions. Ensure that penalties are proportionate, fair, and
consistent with legal principles.

By incorporating these ideas into the drafting process, lawmakers can create a well-crafted bill
that is simple, precise, consistent, aligned with existing law, and effectively addresses the
intended objectives and concerns. Collaboration with legal experts, stakeholder engagement, and
adherence to best practices in legislative drafting can enhance the quality and effectiveness of the
bill.
 Principles which govern “Drafting”
The process of drafting is generally governed by 4 principles:

Formation of outline in a satisfactory manner: -“the draft is the skeleton of a

document.” This statement suggests that the prepared draft should be elaborate and
should address all important issues. In a nutshell, a draft should be:
o As detailed as possible
o Not be vague[1]
o Able to fulfill the consideration of relevancy, content unity,
chronology[2] and coherence[3].
o Such that every paragraph should contain one major point.

Emphasis on the arrangement of facts: – A deep emphasis should be put on the

manner in which the facts of the case are arranged. The facts should be arranged step
by step to reflect an organized analysis of the problem. There must be uniformity and
consistency in the presentment of ideas.

Style and language: – Style is an important factor for the transport of ideas. A clear
presentation is an essential requirement for clear thinking. The style should be simple
with the most appropriate use of legal terms that would convey the facts in a precise
and simple manner. The language too should be simple and faultless. Illogical
paragraphing, poor punctuation, incorrect spelling and other such language that
virtually render a promising document to be worthless shall be avoided. Repetitions
should be avoided.

Physical characteristics: – The draft should be typed on standard quality paper (20 by
30 cms) with margins of 4 cms. at the top and left side and 2.5 to 4 cms. on the right
side and bottom.
Other physical characteristics include:-

Numbering of each page

Numbering of preliminaries in Roman Numbers (i , ii , iii) and Main Text in Arabic (1, 2, 3
etc.)
Number of pages should appear in the upper right corner 2.5 cms., from the top and side
The body of the document to be double spaced normally.
Each paragraph should be intended 5 spaces and every paragraph should be numbered.
All sheets to be strongly tied together.
 Rules of “Drafting.”
Following set of rules should be followed: –

Before making a draft, a design of it should first be conceived.

One should make sure that none of the facts are omitted or admitted at random.
Negative statements should generally be avoided.
Technical language should be followed.
The legal language employed should be precise and accurate.
Draft should be readily[4] intelligible[5]
Due care and attention should be placed on the rules of legal interpretation and the case
law pertaining to the related matter.
The drafted document should be clearly understood by a person who has competent
knowledge of the subject matter.
The draft should be self-explanatory as far as possible.
The draft should be divided into paras and each para should contain a distinct subject
matter.
Arrangement of facts should be done logically
Use numbers and letters for sub-clauses and paragraphs.
Choices of words should be such that they easily convey the meaning of the writer.
The words used should reflect politeness in order to convey more in a kind, natural and
justifiable manner.
The draft should be read once or twice before passing it for consideration.

The draftsman should keep in mind that his words reflect the quality of the draft. And therefore,
he must be very cautious about his choice of words. Following points should be kept in mind: –

Words should be used in the same sense.

Active voice should always be preferred over passive voice until the passive voice makes
the meaning clearer.
Paragraphs, in modern usage, should not be started with the word ‘that’ as was done
traditionally.
The draft should not all things at once. One thing at a time should always be preferred.
 DO’S and DON’TS
DO’S

For improving the quality of the draft, a group of words should be reduced to one.
One simple word for a group should be formulated.
Shorter sentences should be written
Add periods
Express the whole idea in few words
Prefer active over passive
Make verbs work
Choose the right word
Know the motive behind writing
Write from the reader’s point of view
Make an outline (mental or written)
DON’TS

Avoid moving around about constructions

Avoid unnecessary repetitions
Avoid using words containing similar sounds
Avoid cumulative negative statements
Avoid typing mistakes
 Conclusion
In conclusion, when drafting a bill, several key ideas must be considered to ensure its effectiveness, clarity,
and alignment with existing laws. These ideas include simplicity, preciseness, consistency, and alignment
with existing law.

Simplicity is vital to ensure that the language and structure of the bill are clear and easily understandable
by all stakeholders. Preciseness involves being specific and unambiguous in stating the objectives,
provisions, and requirements outlined in the bill. Consistency is important to maintain harmony and
coherence within the bill, ensuring that it aligns with existing laws, regulations, and legal frameworks.
Alignment with existing law is crucial to avoid conflicts or contradictions and ensure compliance with
constitutional provisions and legal principles.

By incorporating these ideas into the drafting process, lawmakers can create a well-crafted bill that
achieves its intended objectives, promotes transparency, and facilitates effective implementation.
Collaboration with legal experts, stakeholder consultation, and adherence to best practices in legislative
drafting are key to developing a bill that meets the needs of society, upholds the rule of law, and
contributes to the overall well-being of the community.
 Bibliography
Primary Sources

 Chakrabarti, N.K, Principles of Legislation and Legislative Drafting,

R.Cambry, Kolkata, 2002
 Jain, C.K, A Guide to Legislative Drafting,Commercial Law, Delhi,
2004
Secondary Sources

 https://lawfaculty.du.ac.in/userfiles/
 https://www.linkedin.com/pulse/legislative-drafting-onyekachi-duru-
esq
 https://blog.ipleaders.in/drafting-principles-rules-dos-donts-law-
student/