Modi government seeks to cut down on new legislations; ministries will now have to explain need for law

NEW DELHI: Seeking to cut down on new legislation that has to be passed through the arduous parliamentary process, the government has sent instructions to all ministries to justify their reasons for seeking new laws.

In a new directive that has been sent by the Cabinet Secretariat, all departments have been asked to explain why they are moving a proposal for a new law and why existing mechanism or executive orders cannot be used to tackle the issue.

While all ministries at present also need to send a justification paragraph whenever they move a proposal for a new law, the fresh directive sent on Wednesday wants more clarity.

It has been decided that the ministry has to explain the “essentiality of the legislation being proposed and the reasons why the purpose cannot be served through existing legislation or by framing subordinate legislation or through executive orders etc,” the Cabinet Secretariat’s directive reads.

The central directives for preparation of cabinet notes has also been modified by the government to reflect this change. The instructions are the latest in a series of directives sent to ministries by the cabinet secretariat to smoothen the legislation process. The government has also been trying to cut down on unnecessary legislation and has an ongoing program to identify and annul redundant laws. All ministries have also been asked to send proposals seeking Cabinet approval for new legislation well before the parliamentary session so that it can be scrutinised properly.

In June, Cabinet Secretary also issued an advisory that divergent positions should not be taken in court cases and that differences between ministries on a particular issue should be resolved via mutual consultation.