Annexure CD 01

FORMAT FOR COURSE CURRICULUM

Course Title: Legislative Drafting L T P/ SW/ TOTAL

S FW CREDIT
Course Code: LAW 431 UNITS
3 0 0 0 3

Credit Units: 03

Course Objectives:
The Course has been designed to acquaint the students with the skills of legislative drafting and impart an understanding of the
framework of legislative processes in a constitutional parliamentary democracy like India.

Pre-requisites:
Sound understanding of basic legal concepts, legal sources, legislative and judicial processes.

Student Learning Outcomes:

As a result of taking this course, the student will be able to:
Imbibe important structural formalities to be borne in mind while drafting legislation.
Be acquainted with and would be able to exercise prudence in drafting by bearing in mind the principles of interpretation that
would enable the draft to withstand critical, legal and judicial scrutiny.

Course Contents/Syllabus:
 Weightage (%)
Module I : Introduction to Legislative Drafting
Definition of Law; Sources of Law- Codified and Uncodified Law; Codification of Law: Origin and
Growth; History of Legislative Process; Relevance of Legislative Drafting; Different kinds of legislative 15%
instruments; Role of Legislative Drafters.

Module II: Constitutional Framework for Legislative Drafting

Process of Legislation in India- centre and state; Separation of Powers; Doctrine of Judicial Review; 20%
Distribution of legislative powers- Seventh Schedule; Doctrines of Interpretation of the Lists;
Categorization of Bills; Procedure for introduction and passage of Bills; post legislative process; veto
power of the President; Delegated Legislation- Vires of.

Module III : Basic Principles of Legislative Drafting

Statement of Objects and Reasons; Basic Steps in Legislative Drafting; Design of the Draft Legislation;
Legislative Sentence and Drafting Language; Clarity and Readability in Legislative Drafting;
Punctuation Marks in Legislative Drafting; Good Governance and Providing in-built Mechanisms for 20%
Accountability, Transparency, Monitoring, Evaluation and Avoiding Corruption in a Bill; Constraints
and Limitations of Legislative Drafting.
Module IV : Drafting a Bill
Bill and Kinds of Bills; Scheme and Logical Arrangement in a Bill; Main Parts of a Bill; Drafting
Preliminary Clauses; Drafting Substantive Clauses; Drafting Administrative Clauses; Drafting 30%
Procedural Clauses; Drafting Financial Clauses; Drafting Penal Clauses; Drafting Good Governance,
Providing in-built Mechanisms for Accountability, Transparency, Monitoring, Evaluation and
Corruption Avoidance Clauses; Drafting Supplementary Clauses; Drafting Miscellaneous Clauses;
Drafting Final Clauses; Drafting Schedules and Tables, etc.; Drafting Amending Bill; Drafting Statement
of Objects and Reasons.
Module V: Significant Principles of Interpretation of Statutes to aid the legislative drafter.
15%
Pedagogy for Course Delivery:

The course delivery will comprise of lecture method, practical sessions and home assignment.

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

30%
70%
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components (Drop Project and viva Class Test Internship Attendance
down)

Weightage (%) 10% 10% 5% 5% 70%

Lab/ Practical/ Studio Assessment: NA

Continuous Assessment/Internal Assessment End Term

Examination
Components (Drop
down
Weightage (%)
Text & References:

T.K. Viswanthan, Legislative Drafting

Vepa P. Sarathi, Interpretation of Statutes (1981)
Allen, Law in the making (Sweet and Max Well)
Thomson G.C., Legislative Drafting, (Butterworths, London)
Zander, M. The Law Making Process, (Widenfeld & lcholson, England)
Renton C Hee Report, Preparation of Legislation, Sweet and Max Well
B.T. Atre, Legislative Drafting- Principles and Techniques (3rd ed., 2011)
C.K. Jain, A Guide to Legislative Drafting (2004).
P.M. Bakshi, Introduction to Legislative Drafting (5th ed., 1995).
Dr. N.K. Chakrabarti, Principles of Legislation & Legislative Drafting.