THE IMPACT OF LEGISLATIVE DRAFTING ON STATUTORY INTERPRETATION
AUTHOR – MISS. SHWETA DILIP BHONDAVE, ADVOCATE & LLM SCHOLAR AT DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL LAW COLLEGE, PUNE
BEST CITATION – MISS. SHWETA DILIP BHONDAVE, A LEGAL ANALYSIS OF THE DARK WEB: GLOBAL AND INDIAN PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 677-691, APIS – 3920 – 0001 & ISSN – 2583-2344.
Chapter I
Introduction:
Legislative drafting is a specialized skill that involves the formulation and preparation of laws and regulations by legislative bodies. It is a crucial process in the development of legal frameworks that govern societies, providing the foundation for orderly governance and the protection of individual rights.[1] The art of legislative drafting requires precision, clarity, and foresight to ensure that laws are effective, enforceable, and stand up to legal scrutiny.
At its core, legislative drafting involves translating policy objectives and principles into clear and unambiguous legal language. This process requires a deep understanding of legal principles, the legislative context, and the socio-economic landscape in which the laws will operate. The drafter must navigate intricate legal concepts, consider potential loopholes, and anticipate how the law will be interpreted and applied in practice.[2]
The resulting legislative texts can take various forms, including statutes, regulations, ordinances, and other legal instruments. Effective legislative drafting not only articulates the intentions of lawmakers but also provides a stable and adaptable framework that can stand the test of time. [3]Moreover, it plays a pivotal role in fostering transparency, accountability, and the rule of law within a society. Legislative drafters often collaborate with policymakers, legal experts, and stakeholders to ensure that the proposed laws align with societal needs and values. This collaborative approach helps in crafting legislation that is not only legally sound but also responsive to the dynamic challenges of the contemporary world.[4]
[1] DraftingPrinciples_August2013.pdf | last seen on 13/02/2024
[2] ibid
[3] The role of legislative drafters in determining the content of norms justice.gc.ca/eng/rp-pr/csj-sjc/ilp-pji/norm/index.html | last seen on 13/02/2024
[4] ibid