At the event, Shah stressed that legislative bodies must focus on reducing "bad drafting," which often leads to the judiciary stepping into roles meant for the legislature or executive. By refining how laws are written, Shah argued, the country can maintain a clear separation of powers and enhance governance efficiency. The Constitution of India, he noted, stands as a prime example of this clarity, reflecting the foresight of Dr. B.R. Ambedkar, its chief architect.
The home minister’s remarks come at a time when India's judicial system is frequently called upon to interpret laws where legislative intent is unclear. Shah reiterated that ambiguous language in legislation not only causes delays in legal proceedings but also hampers governance. His call for workshops and training is aimed at providing lawmakers the tools to draft legislation that is straightforward, reducing the need for courts to intervene in governmental affairs.
The abrogation of Article 370 was one of the key examples Shah used to illustrate the importance of unambiguous legislative drafting. He explained that this constitutional change, which removed the special status of Jammu and Kashmir, succeeded because it was clearly articulated in law, requiring only a parliamentary majority for approval. This clarity avoided prolonged legal disputes and court interventions, allowing the government to proceed swiftly with the reform.
Shah’s advocacy for clarity also touched upon reforming India's criminal laws, which he believes require a comprehensive overhaul to remove outdated provisions. He expressed concerns about how outdated legal language often leads to misinterpretations, further highlighting the necessity of precise legislative drafting. His remarks align with the government's broader efforts to reform and modernize India's legal frameworks to meet contemporary needs.
The home minister’s focus on legal reforms and legislative clarity reflects an ongoing effort by the administration to streamline governance and enhance the rule of law. As part of these efforts, several states have been encouraged to hold similar workshops to elevate the quality of legislative drafting across the country. By doing so, Shah envisions a legal system where disputes are minimized, and governance is conducted more smoothly.
Shah’s speech resonates with a broader debate in India about the roles of different branches of government. Over the years, the judiciary has often stepped in to fill gaps left by unclear legislation, sometimes being accused of overreach. Shah’s comments aim to realign the balance by emphasizing the legislature's responsibility in drafting laws that leave no room for judicial interpretation unless absolutely necessary. This, according to Shah, would restore the natural order of governance, with each branch performing its defined role.
The call for legislative clarity also comes as India faces a range of legal challenges, from economic reforms to social justice issues, where legislative precision can determine the success or failure of policies. The government has faced criticism in some quarters for drafting laws that have led to judicial interventions, often delaying crucial reforms. Shah's focus on drafting workshops is a proactive measure to address these concerns.