Legislative Process : Ideals and Reality

By : P. M. Bakshi

Page No: 260-289

Abstract
In this article,# discussing the process of legislation in ancient and medieval times, the author emphasizes that laws made by a representative assembly are considered higher laws than those enacted by an executive authority. The author then explains how a legislative proposal is conceptualised before taking a concrete shape in the executive; some of the technicalities involved in drafting legislations, and the challenges faced by private members in proposing legislations are also explained. Discussing the journey of laws in legislatures, the author explains how the role of parliamentary committees can be made more effective. Underlining the need of simple language of laws, the author explains how and why it is not achieved due to the challenges/compulsions of the draftsmen and the technical requirements. Explaining the perpetual nature of reformation of laws, the author highlights the role of legislatures, law reforms commissions/law commissions and the judiciary, in this regard. The author stresses the need and importance of putting greater information in public domain at various stages of legislation.

Author :
P. M. Bakshi : Honorary Professor, Indian Law Institute, New Delhi and the then former Member-Secretary, Law Commission of India.