Legislative drafting very important: Amit Shah

Union Home Minister Amit Shah has said that legislative drafting is a very important and necessary art for a country like India which is governed by a constitution Shah was addressing the Legislative Drafting Training program in the Gujarat Legislative Assembly on Tuesday where several dignitaries including the Speaker of the Gujarat Legislative Assembly Shankar Chaudhary and the Chief Minister of Gujarat Bhupendra Patel were presentAccording to a press release from the Ministry of Home Affairs Amit Shah said that the art is gradually fading away He mentioned that under the leadership of Prime Minister Narendra Modi the government has completed 10 years during which India has become the center of global aspirations with its roots in the Gujarat Legislative AssemblyThe Home Minister noted that legislative drafting is the essence of law and the decline of this art would not only be detrimental to democracy but also harm millions of people in the state and the country He said that if drafting is done without understanding the legislative process while making laws then the laws will never fulfill their intended purposeThe responsibility of converting a cabinet note into a bill lies with the legislative department which eventually leads to the formation of law he said Shah stated that unless the process of legislative drafting is fully developed scientifically the chances of democracy succeeding remain unlikely Amit Shah further stated that if there is any ideal for legislative drafting in the world it is the framing of the Constitution of India He stated that there is no process bigger than the framing of the Indian Constitution He emphasized that clarity is the most important aspect of the art of legislative draftingThe clearer the legislators are in translating their objectives into law the smaller the gray area will be and the less the gray area the lesser the judicial interventions will be he pointed out He also mentioned that judicial interventions occur where gray areas are lacking clear legal interpretations therefore laws should be made clearArticle 370 for example was very clearly drafted by the drafting Committee of the Constitution He said the term Temporary Provisions of the Constitution was very important meaning that it is not a Permanent Provision and its removal does not require an amendment to the Constitution It was mentioned that the President can issue a constitutional order to revoke Article 370 at any time with a validation by a simple majority in both the Lok Sabha and the Rajya Sabha Shah addedThe Home Minister stated that if Article 370 was kept as a provisional constitute at that time a twothirds majority would have been required to remove it adding However the legislators were very clear that the temporary provision was a makeshift arrangement and as a result the reference for its removal was placed in Article 3703He appealed to all legislators and MPs to maintain continuous contact with the legislative drafting wing and keep engaging in discussions with them He mentioned that Prime Minister Narendra Modi established a training school for legislative drafting within the Parliament House in 2019Amit Shah noted that an aware politician can bring about significant change through their legal understanding Citing the example of GV Mavalankar he mentioned that despite being in the opposition he proposed 16 reforms all of which had to be accepted by the ruling party because they were wellconsidered proposals for reform He emphasized that those involved in legislative drafting should have the abilities of a philosopher knowledge of historical facts and have a deep understanding of linguisticsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever