The need and means for Pre-Legislative Consultation in India: MyGov and beyond

Pathak, Gaurav, Vennimalai, Bagavathy and Saxena, Parkhi (2025) The need and means for Pre-Legislative Consultation in India: MyGov and beyond. The Theory and Practice of Legislation. pp. 1-31. ISSN 2050-8840 (In Press)

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Abstract

This article asserts that public participation forms the bedrock of any democracy, and India, being the largest democracy in the world, ought to utilise a standardised platform for public engagement in the law-making. Through a mixed-methods approach combining quantitative analysis of legislative data (2014–2023) with qualitative case studies, and drawing from multiple sources including government records, parliamentary documents, and third-party platforms, this article reveals that despite the introduction of the Pre-Legislative Consultation Policy in 2014, its implementation remains non-binding and often overlooked. The Manual of Parliamentary Procedure in India also stipulates pre-legislative consultation but offers avenues to circumvent this process. With no constitutional or statutory mandate, the Ministry of Law and Justice maintains no records of public consultation before the formulation of legislation. As a result, a considerable number of impactful laws are enacted without the benefit of prior public consultation or transparency. Through a comparative framework of the pre-legislative consultation mechanisms of different jurisdictions, this article reveals the shortcomings in India’s legislative enactment processes. Further, based on a comprehensive database analysis of Bills introduced in the Parliament from 2014 to 2023, the article discloses the lack of stakeholder consultation. Through detailed case-studies of two contentious legislations, one subjected to thorough public consultation, and the other lacking any, the article demonstrates the significance of involving the public in determining the efficacy of law. Lastly, this article reviews MyGov, a 2014 government-launched citizen engagement platform, and proposes that MyGov can be further reconstructed as a technological tool to ensure a robust public participation system.

Item Type: Article
Keywords: Public participation | pre-legislative consultation | citizen engagement | legislation | MyGov | law-making
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 17 Jan 2025 04:37
Last Modified: 18 Jan 2025 11:44
Official URL: https://doi.org/10.1080/20508840.2025.2450940
URI: https://pure.jgu.edu.in/id/eprint/9018

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