AUTHORED BY- Krishna Raj

Introduction

The process of law-making in democratic countries’ world over rests on the very foundation of the voice of the people. Law is what the people of a democratic country want it to be. The conflict aris22es when the representatives of the people of these countries do not exactly voice the opinion of the people while framing the laws and rather decide to go with their personal or political bias which defeats the very democratic values. 

For instance, the draft bill for the Kerala Police Act of 2011 was published on the website of the state police inviting feedback and suggestions from the people of the state. After concluding the consultation process, 790 amendments were made in the initial draft as suggested by the people. This is a classic example of the gap that exists between what a law is and what a law is desired by the people.

To fill this gap, several countries like South Africa have adopted a mechanism called Pre-Legislative Consultation Policy (PLCP) in their lawmaking process and made it a constitutional requirement.

What is a Pre-Legislative Consultation Policy (PLCP)? 

Pre-legislative consultation policy is a lawmaking process in which the citizens directly engage with the government by putting forward their views, opinions, suggestions, etc. in the framing of drafting the Bills which will go on to become the prospective laws of that country. For example, in a parliamentary democracy like India, the process of lawmaking starts from its drafting by the respective ministries, then it acquires the Cabinet’s nod and is eventually introduced in the Parliament in the form of a Bill and 

Justice Dr. D.Y. Chandrachud in his recent address to M.C. Chagla memorial online lecture on the topic “Speaking Truth to Power: Citizens and the Law” talked about PLCP and its importance in the current Indian scenario. He said that in an era of social media when public engagement is easily possible for deliberations in lawmaking, the process of pre-legislative consultation policy must be brought into action so as to bring an impactful change and a collective consciousness. 

Why is this consultation policy a must for India?

India is a vastly diverse and dynamic country. Every individual forms a unique opinion of their idea of India. To make sure that all these opinions are well-acknowledged and protected, their ideas must be thoroughly heard and incorporated while framing the laws so that the law becomes inclusive, diverse, and vibrant in nature.

Democracy is a practice that will bear fruit when the collective citizens have a vision and faith in its ideals. The India of our dreams will take shape only when there is a rule of law and there will be a rule of law only when the people will identify their will and consciousness in that rule of law. A law forced is a law doomed to fail. Therefore, to make sure that a law is not imposed on the citizens in an authoritarian manner but rather respected and demanded by them. It will work with its optimum potential when everyone is taken on-board.