training in legislative drafting

NEED TO INSTITUTE TRAINING IN LEGISLATIVE DRAFTING

Presented by Maj Gen Nilendra Kumar

on 19 October 2012 at Korea Legislation Research Institute, Seoul, South Korea

Laws should be simple, easy to understand and facilitate their compliance.

Laws are meant for the community and not for lawyers alone.

Most of the laws affect and

have implication over a large

number of people.

A common man is always reminded that the ignorance

of law is no excuse!

But what is being done to create awareness of laws?

Presently most of the legislative produce is technical and beyond normal populace.

This results in non compliance, confusion, friction and litigation.

Law making falls in the domain of

legislature.

CHALLENGES

1.Law making is carried out by politicians and civil servants often with no training or expertise in this process.

2.Lawyers have a vested interest in retention of old system.

3 Law making is a technical and complex process.

Read a need to simplify laws into

An intent to comply with ICCAPR

regime.

EXPECTATIONS FROM THE LAWS

1.Fight hunger and employment

2.Increase world trade

Only a simple unambiguous legislation can equip a person with his civil, political and economic rights. Knowledge of law is a essential to

the enforcement of one’s rights to

life, privacy, employment and development.

PROBLEM COMPOUNDED BY

1.Ego of politicians2.At transnational level, different

languages add to complexity. Often the translations appear to be literal rather than in letter and spirit.

Words often change their meaning

and purpose over the years.

EXAMPLE OF CENTURY OLD LAWS IN INDIA

1.Indian Penal Code, 18602.Societies Registration Act,

18603.Indian Evidence Act, 18724.Indian Contract Act, 1872

5.Code of Civil Procedures, 1908.

These all are drafted in complex and technical text. These use words which in many cases have lost their relevance.

What to do?

Suggested way out

Impart training in legislative drafting.

Impart training in use of simple

and easy text.

Bring in clarity

Lobby for inclusion of legislative

drafting as a subject at post graduate law programs.

1. Carry out a review of old and

partially obsolete laws.2. Institute training in legislative

drafting.

Train and prepare specialists in

drafting of laws.

Prepare a training programs that

can be offered as obligatory continuing education.

Organise imaginative and innovative exercises to train law

students in simple law making

competitions.

Introduce competitions in law

reforms also with regard to international instruments and

covenants.

Also adopt online and distance

education options.

1. Create a body of experts in law

making.2 Lobby for use of experts who can

bid for contracts in legislative

drafting projects.3. Organise regular conferences at

sub regional, regional and international levels.

Prepare model legislative drafts.

These should be used as templates like conveyances.

MAKE A START WITH

1.Aviation2.Shipping3.Peace keeping operations4.International trade

5. Foreign currency remittances

6. Diplomatic relations7. Sports and games

Prepare and circulate Do’s and Don’ts

The object is not to have uniformity in legislation but to

universalize an expert approach

towards legislative drafting competence.

Also stimulate round tables and

discussions on policy formulations.

Develop the speciality in statutory architecture.

FURTHER STEPS

1. Set up an international association or society.

2. Start a journal3. Encourage establishment of national bodies.

MEMBERSHIP MAY EXTEND TO

1.Lawyers2.Law academics3.Parliamentarians4.Civil servants5.Civil society activists6.Diplomats

ADVANTAGES

1.Reduce litigation2.Achieve greater compliance of

laws3.Encourage savings in state

resources4.Reduce conflicts, disillusionment,

tension and uncertainty.

Laws having common purpose in

the region can be enacted by international co-operation.

A pool of international experts may

be formed to seek expert guidance.

Let India and South Korea make a beginning in the form of bilateral efforts.

It may be true that the law cannot

make a man love me, but it can keep him from lynching me, and I think that’s pretty important.

Martin Luther King, Jr.