Basics of Legislation

Unit I — Introduction

Meaning. importance and need of Legislation · Historical Background · Different kinds of Legislation · Bentham's principle

• Legislation — Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation

Unit II — Legislation in General

Role and impact of Constitutional System · Role of Parliament and Public opinion · Role of Judiciary in India · Role of Law Commission in India

Unit III — A select Parliamentary Process

Sources of Legislation · Process of passing a Bill · Process of Constitutional Amendment · Application of Basic Principles of Interpretation

• Law making procedure
• Amendment and the basic structure doctrine (Part XX) 4.3Constitutional Bodies and Offices Services (Part-XIV, Chap-1)
• Rules of interpretation of Statutes — Literal, Mischief and Golden rule of interpretation

Unit IV — Contents of Legislation

Statement of Objects and Reasons · Marginal Notes · Commencement and Duration Clause · Rule Making Clause

• Statutes (Enactments) — Meaning and Classification
• Commencement of Statutes — Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act

Unit V — A Practical Aspect: Drafting a Bill

Introduction · Rules of Drafting · Technique of Drafting · Preparation of Drafting Model

• Drafting of Bills and Amendment Bills