Law making is a specialised branch for law professionals. Framing of simple and pragmatic laws capable of easy understanding and effective compliance would lead to good governance.

1. NEED TO INSTITUTE
TRAINING IN
LEGISLATIVE DRAFTING

2. Presented
by Maj Gen Nilendra Kumar
on 19 October 2012
at Korea Legislation Research
Institute, Seoul, South Korea

3. Laws should be simple,
easy to understand and
facilitate their compliance.
Laws are meant for the
community and not for
lawyers alone.

4. Most of the laws affect and
have implication over a large
number of people.

5. A common man is always
reminded that the ignorance
of law is no excuse!
But what is being done to
create awareness of laws?

6. Presently most of the legislative
produce is technical and beyond
normal populace.
This results in non compliance,
confusion, friction and litigation.

7. Law making falls in the domain of
legislature.

8. CHALLENGES
1. Law making is carried out by
politicians and civil servants often
with no training or expertise in this
process.
2. Lawyers have a vested interest in
retention of old system.
3 Law making is a technical and
complex process.

9. Read a need to simplify laws into
An intent to comply with ICCAPR
regime.

10. EXPECTATIONS FROM THE LAWS
1. Fight hunger and employment
2. Increase world trade

11. Only a simple unambiguous
legislation can equip a person
with his civil, political and
economic rights.
Knowledge of law is a essential to
the enforcement of one’s rights to
life, privacy, employment and
development.

12. PROBLEM COMPOUNDED BY
1. Ego of politicians
2. At transnational level, different
languages add to complexity.
Often the translations appear to
be literal rather than in letter and
spirit.

13. Words often change their meaning
and purpose over the years.

14. EXAMPLE OF CENTURY OLD
LAWS IN INDIA
1. Indian Penal Code, 1860
2. Societies Registration Act, 1860
3. Indian Evidence Act, 1872
4. Indian Contract Act, 1872

15. 5. Code of Civil Procedures, 1908.
These all are drafted in complex and
technical text. These use words
which in many cases have lost their
relevance.

16. What to do?

17. Suggested way out

18. Impart training in legislative
drafting.

19. Impart training in use of simple
and easy text.

20. Bring in clarity

21. Lobby for inclusion of legislative
drafting as a subject at post
graduate law programs.

22. 1. Carry out a review of old and
partially obsolete laws.
2. Institute training in legislative
drafting.

23. Train and prepare specialists in
drafting of laws.

24. Prepare a training programs that
can be offered as obligatory
continuing education.

25. Organise imaginative and
innovative exercises to train law
students in simple law making
competitions.

26. Introduce competitions in law
reforms also with regard to
international instruments and
covenants.

27. Also adopt online and distance
education options.

28. 1. Create a body of experts in law
making.
2 Lobby for use of experts who can
bid for contracts in legislative
drafting projects.
3. Organise regular conferences at
sub regional, regional and
international levels.

29. Prepare model legislative drafts.
These should be used as
templates like conveyances.

30. MAKE A START WITH
1. Aviation
2. Shipping
3. Peace keeping operations
4. International trade

31. 5.
Foreign currency remittances
6. Diplomatic relations
7. Sports and games

32. Prepare and circulate Do’s and
Don’ts

33. The object is not to have
uniformity in legislation but to
universalize an expert approach
towards legislative drafting
competence.

34. Also stimulate round tables and
discussions on policy formulations.

35. Develop the speciality in
statutory architecture.

36. FURTHER STEPS
1. Set up an international
association or society.
2. Start a journal
3. Encourage establishment of
national bodies.

37. MEMBERSHIP MAY EXTEND TO
1. Lawyers
2. Law academics
3. Parliamentarians
4. Civil servants
5. Civil society activists
6. Diplomats

38. ADVANTAGES
1. Reduce litigation
2. Achieve greater compliance of laws
3. Encourage savings in state
resources
4. Reduce
conflicts, disillusionment, tension
and uncertainty.

39. Laws having common purpose in
the region can be enacted by
international co-operation.

40. A pool of international experts may
be formed to seek expert guidance.

41. Let India and South Korea make
a beginning in the form of
bilateral efforts.

42. It may be true that the law cannot
make a man love me, but it can
keep him from lynching me, and I
think that’s pretty important.
Martin Luther King, Jr.