Plea in Supreme Court to publish draft legislations before introducing it in the legislature

A PIL is filed in the Supreme Court to direct the Centre and states to publish Draft Legislations prominently on government websites and in the public domain, at least 60 days before introducing in the Parliament and State Assemblies.

This plea is filed by BJP leader and advocate Ashwini Upadhyay, prays for directions to the government to comply with decisions taken by Pre-Legislative Consultation Policy in 2014, which made it mandatory for the Ministry or Department to publish the draft legislation or the necessary information in the public domain.

The petition has also stated that in today’s democratic process with the advent of advanced media and technology, it is not appropriate for the Governments, both Central and State, to suddenly pass laws without consultation of the citizens. It also highlighted that the recent events of the farmer protests is the consequence of lack of consultation and also shows how the legal message is lost due to jargons.

The petition stated that the proportion of populace having English as a native language being a modest 0.01% and as many States having less than 50% of their population speaking Hindi, therefore, it also seeks a direction to the Centre to ensure that all the Draft and Final Legislations are duly published on the government websites and put in the public domain in all regional languages, listed in Eighth Schedule of the Constitution of India.

The petition states that even by virtue of Section 23(1) of the General Clauses Act, there must be advance information of draft for knowledge of people likely to be affected.

The plea also stated that the final call can be taken by the legislature, in matters regarding Article 14 and 21.

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