In the modern context, Pre-Legislative Consultative Policy as a process supports many of the legitimate and growing expectations for transparent and better informed Government. The process tends to resolve contentious and complex policies and the areas where Government is seeking a policy to build consensus.
The effectiveness and importance of pre-legislative scrutiny was under consideration of the Government for quite some time. Briefly, the pre-legislative scrutiny takes place before the final drafting of a Bill has been decided and it is introduced in Parliament. As per past practice. only a limited number of Bills were published in draft form and scrutinized this way.
While following this process, the Government sets out clearly the policy problem that is to be addressed through the provision of supportive evidence and analysis, the options that it has considered and the reasons for the choices the Government have made in bringing forward a legislation.
The process also involves the study of social and financial costs, benefits and the key challenges that required to be settled before undertaking the legislation. Looking into all these aspects facilitate formation of perfect policy objectives which a Bill intends to achieve and improve the efficacy of any Act in its implementation.
Taking into consideration the recommendations of the National Advisory Council, the National Commission to Review the Working of the Constitution and the practice followed in other countries, the Committee of Secretaries has formulated a policy on pre-legislative consultation which should invariably be followed by every Ministry/ Department of the Central Government before any legislative proposal is submitted to the Cabinet for its consideration and approval.
This policy should also guide and govern the handling of subordinate legislations. The details of such legislative process are given in the Appendix to facilitate systematic compliance and adherence with the policy so laid down. It is requested that the policy document be given wide publicity in your Ministry/Department for strict adherence.
Office Memorandum
The Ministry had received an Office Memorandum No. 11(35)/2013-L1 dated 17.02.2014 from Legislative Department (Ministry of Law and Justice) regarding issues related to Pre-legislative Consultative Policy (PLCP) with request to take necessary action on the Manual for Parliamentary Procedures in the Government of India, to the extent required, for suitable modification.
Accordingly, the initiatives were taken for modification of the Manual of Parliamentary Procedures in the Government of India. After receiving suggestions from all Ministries/Departments and both the Secretariats of the Parliament, the modified 4th Edition of the Manual of Parliamentary Procedures in the Government of India was published in 2019, in consultation with Ministry of Law and Justice which is available on the Ministry’s Website i.e. www.mpa.gov.in. Provisions related to Pre-Legislative Consultation are given in Para 9.2 (a) to 9.2(d) of the Manual of Parliamentary Procedures of the Government of India.
Provisions regarding pre-publication of Rules etc. has also been incorporated in the Manual at Para 11.2 of the Manual of Parliamentary Procedures of the Government of India.
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