Question : Legislative Drafting

(a) the procedure followed by the Legislative Department to draft laws on the basis of policy proposal;
(b) the timelines prescribed for the purpose of converting policy proposals into laws;
(c) whether the Government has taken note of the 101st Report of the Standing Committee on Personnel, Public Grievances and Law and Justice pointing out that many a times proposals are sent by administrative Ministries to the Department very late giving less time to examine the proposal from legal and drafting perspective;
(d) if so, the details thereof along with the corrective action taken by the Government in this regard; and
(e) the steps taken to ensure that adequate time is provided to the Legislative Department to properly study a proposal and consult experts and stakeholders before drafting laws?

THE MINISTER OF LAW AND JUSTICE
(SHRI KIREN RIJIJU)
(a) to (e): Sir, Chapter 9 of the Manual of the Parliamentary Procedures in the Government of India provides procedures for legislation and the Legislative Department follows the procedure stated in that Manual while drafting laws. The Ministry/ Department to whom a subject matter is allocated under the Government of India (Allocation of Business) Rules, 1961 formulates the legislative proposals in consultation with experts and stake holders as well as all interested persons and authorities concerned. The Legislative Department prepares draft laws in consultation with the administrative Ministry concerned in accordance with the procedure laid down in the Manual of Parliamentary Procedures, ordinarily within thirty days from the date of receipt of the proposal and after clearance from the Department of Legal Affairs. During a meeting of Department-related Parliamentary Standing Committee the then Secretary, Legislative Department pointed out that many a times proposals are sent by the administrative Ministry very late, giving little or no room to examine them from legal and drafting angle. On every such occasion the administrative Departments are suitably advised verbally by the Legislative Department not to submit the proposal at the last moment, since such action compromises the quality of legislative drafting.