Annexure ‘CD – 01’
L T P/ SW/F TOTAL
Course Title: Legislative Drafting S W CREDIT
UNITS
Course Code: LAW 431
3 0 0 0 3
Credit Units: 3
Level: UG
Course Objectives:
This course has been designed to acquaint the students with the skills of legislative drafting.
It imparts an understanding of the framework of legislative process in a constitutional parliamentary democracy like India.
Develops theoretical understanding of forms of legislations
Familiarize the students on the structure and organization of legislative texts, legislative styles and forms of interpretation.
Pre-requisites: NIL
Course Contents/Syllabus:
Weightage (%)
Module I Introduction to Legislative Drafting 15
Definition of Law
Sources of Law – Codified and Uncodified Law
Codification of Law: Origin and growth
History of legislative process
Relevance of legislative drafting
Different kinds of legislative instruments
Role of legislative drafters
Module II Constitutional Framework for Legislative Drafting 20
Process of legislation in India – Centre and State
Separation of Powers
Doctrine of Judicial Review
Distribution of legislative powers – Seventh Schedule
Doctrines of Interpretation of the lists
Categorization of bills
Procedure for introduction and passage of bills
Post legislative process
Veto power of the President
Delegated Legislation
Qualities of Good Drafting
Rules of Composition
Module III Basic Principles of Legislative Drafting 20
Statement of Objects and Reasons
Basic steps in Legislative drafting
Design of the draft legislation
Legislative sentence and drafting language
Clarity and readability in legislative drafting
Punctuation marks in legislative drafting
Good governance and providing in-built mechanisms for Accountability, Transparency, Monitoring, Evaluation
and Avoiding Corruption in a Bill
Constraints and limitations of Legislative Drafting
Module IV Drafting a Bill 25
Bills and kinds of bills
Schemes and logical arrangement in a Bill competition
Main parts of a Bill
Drafting Preliminary Clauses
Drafting Substantive Clauses
Drafting Administrative Clauses
Drafting Procedural Clauses
Drafting Financial Clauses
Drafting Penal Clauses
Drafting good governance
Providing in-built mechanisms for Accountability, Transparency, Monitoring, Evaluation and Corruption
Avoidance Clauses
Drafting Supplementary Clauses
Drafting Miscellaneous Clauses
Drafting Final Clauses
Drafting Schedules and Tables etc
Drafting Amending Bill
Drafting Statement of Objects and Reasons
Module V -Principles of Interpretation of Statutes and Legislative Process 20
Rules of Statutory Interpretation
Aids to interpretation – Internal and External
Interpretation of Constitution – Doctrine of Eclipse, Waiver, Severability, Prospective Overruling
Harmonious Construction
Legislative Process- Preparatory Process, Conceptual Process, Consultative Process, Green and White Papers
and Cabinet Control
Emerging Trends in Legislative Drafting
Course Learning Outcomes:
The outcomes for the course are that at the end the students will be able to:
Identify, analyze and reflect on the different influences on approaches to legislative drafting including the role of parliamentary committees, the
approach of the courts to statutory interpretation, and other rules of statutory interpretation.
Understand the important principles and structural formalities to be borne in mind while drafting legislation.
Apply range of legislative drafting techniques to assist in the drafting of legislation.
Analyze and evaluate existing legislation and prepare amendments to change or improve it.
Create independently a complete piece of legislation suitable for enactment.
Pedagogy for Course Delivery: The class will be taught using both, lecture and case study method.
Lab/ Practicals details, if applicable: N/A
List of Experiments:
Assessment/ Examination Scheme:
Theory L/T (%) Lab/Practical/Studio (%) End Term Examination
100% NA 70%
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term Examination
Components (Drop down) Project Class Test Viva Attendance
Weightage (%) 10% 10% 5% 5% 70%
Lab/ Practical/ Studio Assessment:N/A
Continuous Assessment/Internal Assessment End Term Examination
(____ %) (____ %)
Components (Drop down
Weightage (%)
Mapping Continuous Evaluation components/PSDA with CLOs
Bloom’s Level > Remembering Understanding Applying Analyzing Evaluating Creating
Course Learning Identify, analyze Understand the Apply Analyzing Evaluating Create
Outcomes and reflect on the important range of existing existing independently a
different principles and legislative legislation legislation and complete piece of
structural drafting and prepare prepare legislation suitable
influences on
Assessment formalities to techniques amendments amendments to for enactment.
type/PSDA approaches to be borne in to assist in to change or change or
legislative drafting mind while the drafting improve it. improve it.
including the role drafting of
of parliamentary legislation. legislation.
committees, the
approach of the
courts to statutory
interpretation, and
other rules of
statutory
interpretation
Class Test
Project
Viva
Text Reading:
1. Legislative Drafting- Shaping the Law for the New Millennium, TK Vishwanathan. Indian Law Institute (2015)
2. Legislative Drafting: Principles and Techniques, 5th Edition, B R Are. Universal Law Publishing, ISBN – 9788131250747 (2017)
References:
3. Principles of Legislation and Legislative Drafting, 3rd Edition, N K Chakrabarti. R Cambray & Co. Pvt. Ltd, ISBN – 9788189659325 (2017)
4. Introduction to Legislative Drafting, P M Bakshi, Lexis Nexis, ISBN – 9788171180738 (1995)
5. Law in the Making, 7th Edition, C K Allen. Oxford University Press. ISBN - 978-0198253389
6. Thornton’s Legislative Drafting, 5th Edition, Helen Xanthaki. Bloomsbury Professional, ISBN – 9781780432090
7. Legislative Drafting: Step by Step, Carolina Academic Press, ISBN – 9781531006747
8. Principles of Legislative and Regulatory Drafting, 1st Edition, Ian Mcleod. Hart Publishing, ISBN – 9781841137728
9. Interpretation of Statutes, 5th Edition, Vepa P Sarathi. Eastern Book Company. ISBN – 9789351451518
10. Principles of Statutory Interpretation, G. P Singh, 14th Edition, Wadhwa Book Company, Nagpur, 2016
11. Statutory Interpretation of Statutes, PM Bakshi, 1st Edition, Orient Publications, 2008
