Styles in Legislative Formulation: Need for Improvement in Name to Language

Kathmandu, Jan. 22: The need for wide-ranging reforms not only in name and preamble but also in linguistic style has been pointed out while drafting legislation in the context of Nepal. At a program organized by the National Assembly, Legislative Committee on Review of Legislative Structure and Simplification of Legislative Formulation, the expert opined that the amendment style of legislature also needs to be improved. On the occasion, Madhav Poudel, former chairman of the Nepal Law Commission, also pointed out the need for setting the standard date for the commencement of the Act and structural reforms in the section on work, duties and rights.

He said, “It seems that there should be separate sections of responsibility, rights and duties. The law should be formulated to improve the uncontrolled use of archiving provisions, use of delegated legislation and accountability.” The term legislature refers to both the law issued by the legislature and the law-making process.

The question has been raised whether the provision of legal person should be included in the drafting of the legislature and its jurisdiction of the court should be repeated. Experts have suggested setting up a high-level committee to review the existing style, structure and structure of the legislature, forming a study committee from a parliamentary committee or a high-level committee headed by a member of parliament, and setting conditions for the committee’s terms of reference.

The style of drafting legislation or the style of composing legislation has a legal and cultural impact on one’s own country. There is a worldwide consensus that the language style of the legislature should be clear, definite and real. Poudel said, “Based on the recommendations of the high-level committee, it seems necessary to draft the necessary bills and determine the uniformity of the legislature.”

Legislation collectively refers to a draft of an Act submitted to Parliament or the Legislature, an order issued by the President on the recommendation of the Government, an executive order issued by the Government, and legislation made under delegated authority.

Experts have suggested to expand the scope of consultation and discussion on the bill which is of public concern and related to good governance, prepare an annual work schedule and increase the discussion on the bill.

It was suggested to provide technical assistance to the non-governmental bill and encourage the parliament, government and civil society to conduct immediate legal awareness program. In order to improve the legislative process and law making process, it has been suggested to start the practice of legislative use, practical training (internship) in the formulation and law making process and practice of preparing explanatory notes instead of explanatory notes.

On the occasion He said, “It is important for the parliament to prepare the basis for what kind of law to make. It takes a lot of understanding and experience to draft a law. Since each bill carries the purpose of expenditure and operation of structure, it requires prior and thorough study.”

Legislative formulation style is the style of drafting a policy, concept or program in legal language so that it can be implemented. Legislative style has always reflected the country’s language, culture, legal system and immediate political features.

The basic premise is that the draft legislation should be clear and meaningful, presented in a real and proper manner, the subject matter and language should be clear. Committee Chairperson Parashuram Meghi Gurung said that it was necessary to take initiative to bring uniformity in the formulation of the legislature and for the stability of the manpower in charge of the draft.

Experts are of the opinion that the style, its structure and the language used should be simplified in the formulation of legislation as the federal, state and local levels make laws according to the constitution of Nepal. It is believed that the original identity can be preserved only if the style and structure of the legislature can be reviewed to make it simple and practical according to our specificity.

Secretary of the National Assembly Rajendra Phuyal asked how the skills and experience of the country’s legislature could be passed down from generation to generation. On the occasion, the experts suggested to prepare at least one staff member each of the Federal Parliament and the Provincial Assembly as experts in drafting the constitution and making laws.

As the country needs a federal structure and three-tier law-making, it was suggested by the parliament to play a leading role by putting style and structure reform in the legislature’s priority agenda. Former Chief Justices Nain Bahadur Khatri and Viswanath Upadhyay and former Chief Secretary Tirthaman Shakya and former Chairman of the Law Commission Madhav Poudel are in the forefront in the field of drafting legislation in Nepal.
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By Auther