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Source: The post on simplifying legal language has been created based on the article “On Constitution Day, more people-friendly laws” published in “Indian express” on 2nd December 2023.
UPSC Syllabus Topic: GS paper 2– polity- Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government.
News: The article discusses the Indian government’s efforts to simplify legal language. This includes making laws clearer, using technology for easier access, and involving the public in the process. The goal is to make legal information understandable for everyone.
Why is legal language complex?
Complexity and Precision: The traditional approach to legal language emphasizes that the complexity of legalese is necessary to address all possible legal scenarios and consequences. This maximalist approach is believed to ensure precision and thoroughness in legal documents.
Challenges in Defining Simple Legal Language Standards: The argument against simplified legal language includes the difficulty in defining a standard for plain language that is clear and measurable, especially in a legal context.
What is the need for simplifying legal language?
Understanding for All: laws govern various aspects of daily life, and this simplicity allows citizens to make informed decisions and avoid unintentional violations,
Aligning with Constitutional Principles: Dr. B R Ambedkar stressed the importance of making the Constitution understandable to the common person. Simplified legal language will make justice a concrete, attainable reality for all citizens, embodying the fundamental essence of the Constitution.
What steps has the Government of India taken to simplify legal language?
Holistic approach: The government aims to transform the legal system so that language helps, not hinders, justice. There is a plan to create a detailed glossary in several languages, simplifying the wording of laws, and making summaries of legal documents in plain language.
Leveraging Technology: As part of the Digital India campaign, the government is using digital platforms to make legal information more accessible and understandable.
Encouraging Public Participation: Public input is being actively sought in the simplification process, ensuring the changes reflect the needs and understanding of a broader population.
What are the impacts of simplifying legal language?
Reduction in Legal Disputes: The simplification has led to a significant decrease in legal cases due to misunderstandings and misinterpretations, demonstrating its effectiveness in making the legal framework clearer. Globally, examples such as the UK’s Tax Law Rewrite Project and United States’ Plain Writing Act of 2010 have shown positive results.
Boost to Global Competitiveness: A simpler and more transparent legal framework enhances India’s attractiveness for international investment and business operations.
Youth Empowerment: The focus on making legislative drafting an appealing career choice empowers young people by providing them with valuable legal skills, contributing to the nation’s intellectual capital.
What should be done?
Need Plain Language Act: Drawing inspiration from international examples such as the United States’ Plain Writing Act of 2010 and the United Kingdom’s Tax Law Rewrite Project, India should adopt a similar approach with a Plain Language Act. This legislation would mandate that government officials use clear and easily comprehensible language in their communications.
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Question for practice:
Discuss the steps taken by the Government of India to simplify legal language.
