Solicitor General Tushar Mehta said legislative drafting is a specialised science and art that shapes how laws function. He stressed that India urgently needs committed and professionally trained experts to draft clear and effective legislation.
Solicitor General of India Tushar Mehta on Saturday highlighted the growing need for professionally trained legislative drafters in India, stating that drafting laws is not just an academic subject but a specialised discipline combining logic, precision and creativity. He stressed that the country needs skilled experts who understand how to carefully frame laws that impact millions of citizens.
Speaking at the launch of three new Master’s programmes at OP Jindal Global University, including a Master’s degree in Legislative Drafting, Mehta explained why legislative drafting deserves more attention in legal education. The event was attended by Om Birla, Arjun Ram Meghwal and other distinguished guests.
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Addressing students and faculty members, Mehta said that legislative drafting plays a crucial role in shaping how laws function in real life.
He remarked,
“One of the most ignored subjects in law is legislative drafting. When we talk of legislative drafting, we forget certain things and do not consider it to be a part that can be taught. But it is a science by itself,”
Mehta remarked.
He further underlined the importance of formal education in this area, stating that India requires “able and committed professionals” who are properly trained in the art and science of drafting legislation.
Explaining the practical importance of drafting, he said,
“By and large, all law students who are here would know that drafting makes the difference, and the draftspersons, those who really draft the law which applies to all of us, are here. The leader who commands the Lok Sabha and the person who commands the Law Ministry, both important figures, are here,”
he said.
Mehta pointed out that the impact of legislative drafting goes beyond mere wording. According to him, even a single word can significantly alter the meaning and effect of a law. He explained that the difference between words like “may” and “shall” can determine whether a legal provision is mandatory or optional, depending on the context and legislative intent.
Highlighting this nuance, he said,
“That is the beauty of legislative drafting. The draftsman decides whether he wants a particular provision to be mandatory or directory,”
he explained.
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Recalling an incident from his own legal career, Mehta shared how even punctuation can influence the interpretation of a statute. Referring to arguments before a Constitution Bench, he said,
“I came across, to my surprise, after almost 25 years of my practice, when I was arguing before a Constitution Bench, that a punctuation mark has its own meaning. We argued the position of a comma in a particular section of the new Land Acquisition Act, and there were judgments of British courts on how the position of that punctuation mark makes a difference in interpretation,”
he recounted.
To further emphasise the importance of careful drafting, Mehta referred to the Indian Penal Code framed in the 19th century by Lord Macaulay. He observed that the Code was drafted with such clarity and precision that it required minimal amendments for many decades after India’s Independence.
He said,
“The only amendments that came were with regard to offences which he could not have envisaged, such as offences relating to electronic devices, electoral malpractices and family disputes,”
he said.
Concluding his address, Mehta praised OP Jindal Global University for introducing what he described as possibly the first full-time postgraduate programme in legislative drafting in India. He expressed hope that the course would help improve the overall quality of law-making in the country.
“This would go a very long way, because what we are lacking as a nation is good legislative drafting,”
he concluded.
The launch of the Master’s programme in Legislative Drafting is being seen as a significant step towards strengthening India’s law-making framework. With increasing complexity in governance, technology and public policy, experts believe that structured academic training in legislative drafting could help ensure clarity, reduce litigation, and improve the overall effectiveness of laws in India.
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