CHAPTER 9: PRINCIPLES OF DRAFTING (ACTS and REGULATIONS).

CHAPTER 9: PRINCIPLES OF DRAFTING (ACTS and REGULATIONS).

While drafting Act, Rules or Regulation, one should avoid redundancy, ambiguity and superfluity. Drafting should have three forms of soundness: -

• The legal content of legislation must be sound (substantive soundness).
• The statute must be in an organized and structured format and drafting (technical soundness).
• The manner in which the legislation is drafted must fulfill the best procedures (procedural soundness).

Drafting is important because it systematizes the legislation and creates a balance between substantive and procedure parts. Furthermore, it also creates relationships between policy maker, drafter and interest group and it is deemed as an art rather than a science.

There are certain rules of Legislative drafting: -

• Technical language should be followed.
• Negative statements should be avoided.
• Legal language should be precise and accurate.
• Arrangement of facts would be done in a logical manner.
• Use of numbers and later for sub clause and paragraphs.

Some of the principles of drafting are: -

• Wiring double meaning words at the time of drafting.
• No words should be used without meaning.
• Using simple and clear words to avoid absurdity.
• Using a technical pattern of drafting at the time of drafting technical subject matter statutes or legislation.
• Incorporating the purpose or mischief regarding the statutes in the Preamble. 
• Referring to the earlier judicial decisions.
• Writing a clear proviso.
• Other elements need to be considered like: - 
  • Simplicity
  •  Consistency
  •   Directness 
  • Conscience

                                                                                                                                                                                             Prepared and Edited by: Manish Rajak and Madhu Dahal