Materials and Preliminaries: Study of analogous legislations that exist in other countries or in other parts of the country Legislation that already exists on the – subject study of judicial decisions Constitutional law issues International – – – treaties-Classification of Statutes : constitutional statutes taxing statutes – – penal statutes statutes dealing with local government statutes dealing with – – particular corporations- statutes dealing with personal law statutes in the nature – of law reforms statutes dealing with procedure of the courts social security – – statutes repealing and amending statutes etc. – UNIT-III The mechanism of an Act various parts of a statute long title preamble – – – – enacting clause short title extent and application commencement clause – – – – exceptions and exemptions principal provisions procedural provisions penal – – – provisions provisions regarding delegated legislation enforcement machinery – – contemplated by the statute temporary provisions - repeal and saving clauses – punctuations marginal notes- provisos illustrations presumptions – – – – – clauses retrospective operation removal of difficulty clause – – – fictions explanations. – UNIT-IV Some flaws in drafting: looseness obscurity shabbiness unenforceability – – – Exclusion of judicial review use of protection clauses and finally – causes as if enacted in this Act conclusive evidence clause. Chronology of – – the process in Parliament Rules of composition for legislative drafting. – Suggested Readings: Indian Law Institute, The Drafting of Laws (1980) Vepa P. Sarathi, Interpretation of Statutes (second Edition ) Allen, Law in the making, Sweet & Max well, Thomson G.C. Legislative Drafting, Butterworth’s, London Zander, M., The Law Making Process, Widenfeld and Nicholson, England of Legislation, Sweet and Max Well. Renton C’Hee Report, Preparation
Materials and Preliminaries: Study of analogous legislations that exist in other countries or in other parts of the country – Legislation that already exists on the subject – study of judicial decisions – Constitutional law issues – International treaties-Classification of Statutes : constitutional statutes – taxing statutes – penal statutes – statutes dealing with local government – statutes dealing with particular corporations- statutes dealing with personal law – statutes in the nature of law reforms – statutes dealing with procedure of the courts – social security statutes – repealing and amending statutes etc. UNIT-III The mechanism of an Act – various parts of a statute – long title – preamble – enacting clause – short title – extent and application – commencement clause – exceptions and exemptions – principal provisions – procedural provisions – penal provisions – provisions regarding delegated legislation – enforcement machinery contemplated by the statute – temporary provisions - repeal and saving clauses – punctuations – marginal notes- provisos – illustrations – presumptions – clauses – retrospective operation – removal of difficulty clause – fictions – explanations. UNIT-IV Some flaws in drafting: looseness – obscurity – shabbiness – unenforceability Exclusion of judicial review – use of protection clauses and finally causes – as if enacted in this Act – conclusive evidence clause. Chronology of the process in Parliament – Rules of composition for legislative drafting. Suggested Readings: Indian Law Institute, The Drafting of Laws (1980) Vepa P. Sarathi, Interpretation of Statutes (second Edition ) Allen, Law in the making, Sweet & Max well, Thomson G.C. Legislative Drafting, Butterworth’s, London Zander, M., The Law Making Process, Widenfeld and Nicholson, England Renton C’Hee Report, Preparation of Legislation, Sweet and Max Well.
21%20Annexure%20IX%20LL.M.(Jurisprudence)-FoL.docx