Much of India's law-making process has been outside the scrutiny of ordinary people. They
are not framed by legislators or even senior bureaucrats but are often drafts prepared by
babus. Sometimes, powerful business interests influence these laws (like the Special
Economic Zone Act) and then they are passed in Parliament with little or no discussion.
Sometimes, a popular public demand enters the discourse of a political party and takes the
shape of policy and legislation. However, the desire of citizens to participate in the framing
of law and policy has intensified over the years, and their voice needs to be included in
democratic decision making. With growing interest in governance, citizens may suggest
policy and legislation and such deliberations will only strengthen constitutional processes.
Actual consultation on draft legislation and policy require a detailed discussion of the
principles, framework and formulation of specifics. These consultations will provoke
multiple views and it is important for the institutional framework to assimilate and
consider them. Any group placing its views in the public domain cannot claim total
representation. There will be criticism and those need to be resolved.
II. However, assemblies of people can only support the need for legislation. Surveys and votes
by raising hands are important to register support for the general idea but cannot be the
basis for detailed drafting of law and its constituent parts. The principles and framework of
any legislation must be debated and the erroneous conclusion that any difference of
opinion is tantamount to malafide intent needs to be questioned. It is in any case only of
peripheral importance, as the issues themselves need to be addressed. This applies to laws
made both by the formal and informal structures. Many democracies in the world already
have started placing policy and draft laws in the public domain before they are sent to the
government, cabinet and then Parliament. The deliberative consultative process is for
everyone but focuses more on people who are most affected by the legislation. The policy
and the sharing of frameworks are followed by a draft of the bill itself. All this is done
within a time frame. The nascent process of participation of citizens in shaping legislation
in the last two decades will find systemic space and democratic credibility.
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