Clear, precise legislative drafting vital to avoid judicial intervention: Lok Sabha Speaker Om Birla

Lok Sabha Speaker Om Birla on Friday underscored the critical importance of clarity and precision in legislative drafting, stating that any ambiguity or “grey area” in a law increases the scope for judicial intervention. Speaking at the Mahatma Gandhi State Institute of Public Administration (MGSIPA) in Chandigarh, Birla called for simple, welfare-oriented, and unambiguous drafting of laws to ensure effective governance and minimize unnecessary judicial interference.

“Legislative drafting must be absolutely clear and precise. If there is a grey area in the drafting of a law, it invites judicial intervention,” Birla said, emphasizing that the Constitution of India provides a clear separation of powers between the legislature, executive, and judiciary. He stressed that better drafting leads to more effective, error-free, and just laws, while also enhancing public trust in democratic institutions.

Highlighting the democratic process, Birla said that disagreement and debate are strengths of democracy, but strong drafting ensures differences remain limited to ideology rather than the language of the law. “Clear and simple legislative language forms the foundation of effective laws,” he remarked, adding that such clarity results in more meaningful parliamentary discussions and laws that are truly people-oriented.

The Speaker drew attention to the finer aspects of legislative drafting, noting that punctuation marks like commas and semicolons are as important as the words themselves. He called legislative drafting “the soul of democracy,” as laws must reflect constitutional values and the aspirations of the people.

The event was part of a two-day training program on legislative drafting, organized in collaboration with the Haryana Legislative Assembly and the Institute of Constitutional and Parliamentary Studies (ICPS) under the National Legislative Drafting Program launched by Union Home Minister Amit Shah in 2023. Nearly 400 officials and staff of the Haryana Legislative Assembly and the state government are participating in the program.

Haryana Chief Minister Nayab Saini, Vidhan Sabha Speaker Harvindra Kalyan, Karnataka Legislative Assembly Speaker U. T. Khader Fareed, Deputy Speaker Dr. Krishan Lal Middha, and Lok Sabha Secretary General Utpal Kumar Singh were also present at the inaugural session.

Birla praised Haryana’s contributions to agriculture, sports, and industry, and expressed confidence that the training would help officials master the nuances of legislative drafting and contribute to policies that meet people’s expectations. He concluded by thanking the Haryana Government, the Assembly, and the media for their role in strengthening democratic discourse.

The two-day program will conclude on September 27, with participants sharing their experiences and key learnings from the sessions.

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