UPA chairperson Sonia Gandhi has sent to Prime Minister Manmohan Singh a set of recommendations formulated by her National Advisory Council providing for an elaborate pre-legislative process (PlP) to make law-making process more participatory, deliberative and accountable to the people.
According to NAC recommendations, the Central Ministry concerned should publish a Statement of Objects and Reasons, on the basis of which legislation will be drafted, justifying its needs, its financial implications and estimated impact on environment, fundamental rights and the lives and livelihoods of people.
The Statement should not only be available in English and Hindi but also be published in the concerned regional languages. It should be kept in public domain for 45 days and proactively shared with the public.
The Authority should also publish the draft legislation or rules and keep it in public domain for 90 days and proactively share with public. Where the legislation affects a specific group of people, the document may be disclosed through means such as, notice/pamphlets/posters in every Panchayat, School, Post Office etc in the area consisting of affected people and notices to households, it has suggested.
Every draft law or rule placed for consideration in the pre-legislative process shall be accompanied by a note explaining the key legal provisions in common language. The drafts in both the phases are to be accompanied by a set of questions and standard format on which feedback is solicited from public. Summary of the feedback/comments received from public to be hosted in the public domain.
It has also recommended that consultations with stakeholders should be held at all stages. Though all citizens are stakeholders, the degree of participation and mode of consultations may be decided by the concerned Ministry and may vary according to nature of subject and the potential impact.
NAC has also suggested that each Department/Ministry should appoint a nodal officer to whom complaints of non-compliance with executive orders can be addressed. This will be an internal redress mechanism. Further, the Department of law will be the nodal authority for ensuring the efficient roll out and compliance Pre legislative Process.
A copy of the summary of the feedback received from stakeholders (including Government departments and public) and response of the nodal Department/Ministry must be submitted to the Cabinet with the Draft legislation, amendment to legislation. The proceedings and summary of the PlP should be placed before the Departmental Standing Comm
ittee at the time that the proposed legislation is brought to Parliament, it suggested.
Former NAC member Aruna Roy, who had played a key role in formulating PlP and has recently quit the advisory body, demanded that the Government should implement it immediately. She said that at a time when the people are demanding a voice in decision making, the acceptance of these recommendations would go a long way in ensuring citizens participation in law making.