The Key to Democracy: Mandatory Pre-Legislative Consultation

Abstract

India’s policy of public consultation in the legislation process is currently not mandatory. The concept of pre-legislative scrutiny and inclusion of the public has proven to be an invaluable addition to the democratic process, and the absence of the same has led to instances of widespread protest and discontentment. The policy of pre-legislative scrutiny was introduced in 2014. However, certain bills passed post-2014 have witnessed public outcry over its lack of consultation and majority stakeholders’ adverse effects. This paper aims to highlight the importance of pre-legislative scrutiny and provide for a mandatory method to be followed while implementing a mandatory process of pre-legislative scrutiny. A democratic political structure is one that is based on the rule of law. Without the rule of law, there will be no political future. The aim of this paper is to examine the status of the rule of law in the current political environment, with the rule of law as the dependent variable and fundamental rights, inequality, an open parliament, and an autonomous judiciary as independent variables. The requisite data was gathered from written and online media in order to assess the rule of law. Only the rule of law and effective state institutions will enable a federal democratic republic to thrive.