Pre-Legislative Consultation: The Key to Achieving Greater Democratic Legitimacy

  • Ishika Singhal
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  • Ishika Singhal

    Student at O.P. Jindal Global University, Sonepat, Haryana, India

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Abstract

Law-making in India is a process shrouded in mystery. It is often disorganised with new laws being introduced on the fly. The absence of a proper pre-legislative consultation process makes the system superficial and unmethodical. There is a need to mandate pre-legislative public consultation which is to be implemented prior to drafting of a bill. Consultations on potential laws help ensure effectiveness and efficiency. This paper deals with how pre-legislative consultations make laws better and more inclusive. It aims to establish and reiterate the importance of pre-legislative consultation and the need for subsequent deliberation. This is done by exploring the drawbacks of the Indian law making processes, comparing legislations with and without a consultative process while further reiterating the benefits of consultation and deliberation processes. The objective of this paper is to ascertain how a more comprehensive pre-consultative policy is essential to make laws in India more inclusive and practical.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1335 - 1345

DOI: https://doij.org/10.10000/IJLMH.112049

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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