IF THERE ARE AMBIGUITIES OR GRAY AREAS IN THE DRAFT OF LAW, THE SCOPE FOR JUDICIAL INTERFERENCE WILL INCREASE: OM BIRALA

IF THERE ARE AMBIGUITIES OR GRAY AREAS IN THE DRAFT OF LAW, THE SCOPE FOR JUDICIAL INTERFERENCE WILL INCREASE: OM BIRALA

27-SEP-ENG 3

RAJIV NAYAN AGRAWAL

DELHI----------------------------Lok Sabha Speaker Om Birla today stated that legislative drafting plays a crucial role in the lawmaking process. He said that no gray areas should be left when drafting the original law. If there are gray areas in the drafting of the law, the scope for judicial interference will increase. When legislative drafting is clear and simple, and there are no gray areas in it, there will be no unnecessary interference during judicial review.

Mr. Birla stated that the Constitution of India is a guide in this direction. He stated that under our Constitution, there is a clear division of powers between the legislature, executive, and judiciary. Keeping its core spirit in mind, laws should be drafted in a way that is public-friendly, simple, and clear. He added that the better the drafting, the more effective, error-free, and just the law will be. Clear and simple legislative language is the foundation of effective laws.

The Lok Sabha Speaker emphasized that consensus and disagreement are the strengths of democracy, but if drafting is strong, differences will be limited to ideology, and the language of the law will not be questioned. This will make discussions more meaningful, and laws will be more people-friendly. He said that the true strength of democracy lies in public trust, and this trust is strengthened only when the legislatures and Parliament function in a transparent, systematic, and accountable manner.

Lok Sabha Speaker Om Birla expressed these views today during a two-day training program on legislative drafting organized at the Mahatma Gandhi State Institute of Public Administration (MGSIPA) in Chandigarh, in collaboration with the Haryana Legislative Assembly and the Institute of Constitutional and Parliamentary Studies (ICPS). Haryana Chief Minister Nayab Saini, Haryana Assembly Speaker Harvinder Kalyan, Karnataka Assembly Speaker U.T. Khader Farid, Haryana Assembly Deputy Speaker Dr. Krishan Lal Middha, and Lok Sabha Secretary General Utpal Kumar Singh were also present on the stage.

Drawing attention to the finer points of legislative drafting, he said that punctuation marks, periods, and commas should be as carefully considered as the language itself; drafting should be easy and simple for the public. The Speaker of the Lok Sabha stated that legislative drafting is not merely a technical process, but the soul of democracy. Only when bills and laws clearly and accurately reflect constitutional values ​​and public aspirations does a democratic system fulfill its purpose.

Mr. Birla stated that such programs not only enhance the capacity of officials but also strengthen the dignity and effectiveness of legislative institutions. They familiarize officials and staff with the complexities of legislative processes and enable them to develop legislative language and formats that are fair, transparent, and accessible to every section of society.

Referring to Haryana, the Speaker of the Lok Sabha noted that the state has not only been a leader in agriculture, sports, and industry, but has also played a commendable role in strengthening democratic traditions. He expressed confidence that through this training, the officers and employees will master the nuances of legislative drafting and help formulate policies and laws that meet public expectations.

This program is part of the National Legislative Drafting Program, being run under the aegis of the Ministry of Home Affairs, which was launched by Union Home Minister Amit Shah in 2023. Similar programs have previously been organized in cities such as Gandhinagar, Lucknow, Shimla, Ranchi, Jabalpur, and Patna.

This two-day training program is being organized for approximately 400 officers and employees of the Haryana Legislative Assembly and the Haryana Government. Expert speakers will guide participants on legislative drafting, constitutional values, the importance of precise legal language, and rules of interpretation. The training program will conclude tomorrow, September 27th. In the closing session, participants will share their experiences and deliberate on the program's findings. The Speaker of the Lok Sabha expressed hope that this initiative will significantly contribute to making legislative institutions not only in Haryana but across the country more efficient and people-oriented.

Finally, Mr. Birla expressed his gratitude to the Haryana Legislative Assembly, the Haryana Government, and the ICPS for making this important event possible. He also thanked the media, emphasizing their role in disseminating democratic discourse to the public.