In the modern context. pre-legislative consultative policy as a process supports many of the legitimate and growing expectations for transparent and better informed Government. The process tends to resolve contentious and complex policies and the areas where Government is seeking a policy to build consensus.
1.Every Department/Ministry shall proactively publish the proposed legislation both on the internet as also through other means; the detailed modalities of such publication may be worked out by the Department/Ministry concerned.
2.The Department/Ministry concerned should publish/place in public domain the draft legislation or at least the information that may inter alia include brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the concerned/affected people, etc. Such details may be kept in the public domain for a minimum period of thirty days for being proactively shared with the public in such manner as may be specified by the Department/Ministry concerned.
3.Where such legislation affects a specific group of people, it may be documented and disclosed through print or electronic media or in such other manner, as may be considered necessary to give wide publicity to reach the affected people.
4.As a matter of practice, a provision regarding the previous publication of rules should be made in all new principal legislation.
5.Every draft legislation or rules, placed in the public domain through the pre-legislative process should be accompanied by an explanatory note explaining key legal provisions in a simple language.
6.The summary of feedback/comments received from the public/other stakeholders should also be placed on the website of the Department/Ministry concerned.
7.The Department/Ministry concerned might, in addition to placing the proposal in public domain, also hold consultations with all stakeholders. However, the degree of participation and mode of consultations may be decided by the Department/Ministry concerned and may vary according to the nature of the subject and the potential impact on those who will be affected by such legislation.
8.The Bill should be referred to the Ministry of Law and Justice for vetting after the pre-legislative consultation as well as inter-ministerial consultations are over. The Ministry of Law and Justice shall also, at the time of examination of the draft legislation or rules, ensure that the concerned Department/Ministry has complied with the process of pre-legislative consultation.
9.The Department/Ministry concerned should include a brief summary of the feedback received from stakeholders (including Government Departments and the public) along with its response in the note for the Cabinet along with the draft legislation.
10.The summary of the pre-legislative process should also be placed before the Department Related Parliamentary Standing Committee by the Department/Ministry concerned when the proposed legislation is brought to the Parliament and is referred to the Standing Committee.
11.If the Department/Ministry concerned is of the view that it is not feasible or desirable to hold a pre-legislative consultation as detailed above, it may record the reasons in the note for the Cabinet.
12.The Manual for Parliamentary Procedures in the Government of India and the instructions issued by the Cabinet Secretariat on writing Cabinet Notes may, to the extent required, be suitably modified.
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