Grey area in draft of law increases scope for judicial intervention, legislative draft must be clear, precise: Om Birla

Chandigarh [India], September 26 (ANI): Lok Sabha Speaker Om Birla said on Friday that the role of legislative drafting is extremely important in the process of law-making.
Birla emphasised that while preparing the original draft of a law, no 'grey area' should ever be left. If there is a 'grey area' in the drafting of the law, it increases the scope for judicial intervention. When legislative drafting is clear and simple and contains no grey areas, unnecessary interference during judicial review will be avoided.
According to an official release from the Lok Sabha Secretariat, Birla said that the Constitution of India serves as our guide in this regard. He stated that under our Constitution, there is a clear separation of powers between the legislature, the executive, and the judiciary, and keeping its core principles in mind, laws should be drafted in a manner that is welfare-oriented, simple, and written in clear language.
He further said that better the drafting, the more effective, error-free, and just the law will be. Clear and simple legislative language forms the foundation of effective laws.
The Lok Sabha Speaker emphasized that agreement and disagreement are the strengths of democracy, but if the drafting is strong, differences will remain confined to ideology, and no questions will be raised about the language of the law. In such a case, discussions will be more meaningful, and the law will be more people-oriented.
He added that the true strength of democracy lies in the trust of the people, and this trust is reinforced only when legislatures and Parliament function in a transparent, organized, and accountable manner.
Lok Sabha Speaker Om Birla expressed these views today at the Mahatma Gandhi State Institute of Public Administration (MGSIPA) in Chandigarh during 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).
On this occasion, Haryana Chief Minister Nayab Saini, Haryana Vidhan Sabha Speaker Harvindra Kalyan, Karnataka Legislative Assembly Speaker UT Khader Fareed, Haryana Vidhan Sabha Deputy Speaker Krishan Lal Middha, and Lok Sabha Secretary General Utpal Kumar Singh were also present on the dais.
Drawing attention to the finer aspects of legislative drafting, Birla said that just as much attention must be paid to punctuation, commas, full stops, and semicolons as to the language itself, so that the drafting remains simple and accessible for the people.
The Lok Sabha Speaker emphasised that legislative drafting is not merely a technical process, but the very soul of democracy. Only when bills and laws clearly and accurately reflect constitutional values and the aspirations of the people can the democratic system truly fulfil its purpose.
Birla further said that such programs not only enhance the capacity of officials but also strengthen the dignity and effectiveness of legislative institutions. They acquaint officials and staff not just with the complexities of legislative processes but also enable them to develop a legislative language and format that is fair, transparent, and accessible to every section of society.
Speaking in the context of Haryana, the Lok Sabha Speaker said 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 officials and staff here will gain mastery over the nuances of legislative drafting and contribute to formulating policies and laws that meet the expectations of the people.
This program is part of the National Legislative Drafting Program being conducted under the aegis of the Ministry of Home Affairs, which was launched in 2023 by Union Home Minister Amit Shah. As part of this series, similar programs have already been organised in cities such as Gandhinagar, Lucknow, Shimla, Ranchi, Jabalpur, and Patna.
This two-day training program has been organised for nearly 400 officials and staff members of the Haryana Legislative Assembly and the Government of Haryana. Expert speakers will guide the participants on legislative drafting, constitutional values, the importance of precise legal language, and the rules of interpretation. The training program will conclude tomorrow, September 27. In the closing session, participants will share their experiences and deliberate on the key takeaways from the program.
The Lok Sabha Speaker expressed hope that this initiative would make a significant contribution not only in strengthening Haryana's legislative institutions but also in making legislative bodies across the country more capable and people-centric.
Birla extended his gratitude to the Haryana Legislative Assembly, the Haryana Government, and ICPS for making this important event possible. He also thanked the media, emphasising that the media plays the most crucial role in bringing democratic discourse to the people. (ANI)