Introduction:
There is evidently a growing demand for greater transparency in the formulation of enacting and drafting laws. A number of leaders are now proactively taking steps to engage with the public and seek comments and inputs before drafting laws. There are several ways in which law making process can be made more participatory and open to people which will be transparent in nature. Although there is no formal requirement for pre-legislative scrutiny within the legislative process, but disclosure of draft bills on the on government websites for public comment can be one of the way in which the public can be informed about the government’s policies. Exploratory “green” or “discussion papers” enables the government departments to frame key policy issues and concerns and put these out for public debate, discussions and comments.
Public participation with the legislative process may take place over three stages:
(i) The pre-legislative stage when the proposed law is in draft form prior to its introduction in Parliament.
(ii) The legislative stage which begins from the time the Bill is introduced and ends once it is passed.
(iii) The post- legislative stage begins when the Bill is enacted.
Why Public Participation is crucial-
In a democratic country like India, each and every opinion of the citizen does matter. In countries like UK, New Zealand, Scotland and Australia, pre-legislative scrutiny has become an established practice. In the beginning of Parliamentary session, the Government publish a list of bills for pre-legislative scrutiny. Draft bills are published as “Command Papers” and submitted for pre-legislative scrutiny. To assist the committee a special scrutiny unity is formed in the UK Parliament. It provides expertise to select committees on financial matters and draft bills. Therefore, the observation made by the committees are for advisory purpose and the government may accept or reject the proposals in this process.
In India, Public participation during legislative scrutiny is conducted through Parliamentary Committees. Before 1993, Bills were referred to ad-hoc Joint or Select Parliamentary Committees. Since then Department Related Standing Committees (DRSC) have been established to scrutinize the Bills. There are 24 DRSCs that cover all ministries of the central government. Once a Bill is introduced in the Parliament, it may be referred to a DRSC. Committees publish notices for suggestions within a specified duration. In most cases, a period of 15 days is provided to send comments. The level of public engagement with standing committees varies with different Bills.
Such recommendations are vital for increasing public participation in the legislative process.
The Right to Information (RTI) Act provides a legal framework for the disclosure of information related to government policies and programs. Specifically, Section 4(1) (c) of the RTI Act requires government departments to proactively publish all facts when formulating policies or announcing decisions”.
Every citizen in India has the right to question, seek information and give valuable suggestions and recommendations to the public authorities. If such right is violated, then the individual can file a writ petition in the court of Law.
Conclusion:
The importance of Public Participation is recognized in National and International organizations. It enhances the transparency and accountability in the governance and helps to formulate efficient policies. Public participation in the governance is the best form of development. There is a check and balance from the people and there is ownership that the particular legislation is for the development of the people. The essence of development is nothing but public participation in the legislative process.
References:
- http://www.aalep.eu/indian-parliament-and-public-participation
- http://www.prsindia.org/administrator/uploads/general/1370586595_Public%20Engagem ent%20with%20the%20Legislative%20Process.pdf
- https://polityinindia.wordpress.com/2013/08/05/letthepublicparticipate/
- http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Li brary/pubs/rp/rp1112/12rp01
- http://www.thehindu.com/opinion/op-ed/laws-by-the-people-for-the- people/article5719578.ece
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