It is learnt that Govt of India has listed Electricity (Amendment) Bill 2021 for introduction and passing in the winter session of Parliament beginning from 29th November 2021.
2. In the context of the Electricity (Amendment) Bill 2021 due to be introduced in Parliament, it is observed that the Govt of India had finalized and issued/circulated the Pre Legislative Consultation Policy(PLCP) which must be implemented before introducing any legislation in Parliament. Secretary to Govt of India, Ministry of Law, & Justice, Legislative department through DO Letter dated 05-02-2014 addressed to all Secretaries of Govt of India and Cabinet Secretary had summarized the PLCP in four points as under...
· PLCP ensures transparency and better informed Govt.
· Bills be published first in draft form with pre legislative scrutiny.
· There should be a statement of objects and reasons.
· The PLCP should invariably be followed before submitting any legislative proposal to Cabinet.
The Policy , PLCP, was finalized in a meeting of Secretaries held on 10 Jan 2014 , Chaired by the Cabinet Secretary. The salient points are
1. Proactively publish the proposed legislation
2. The proposal will be kept in public domain for 30 days at least.
3. Proposals be circulated to the affected people for wider publicity
4. Provision of previous publication of rules is necessary
5. Every draft legislation must have an explanatory note explaining key legal provisions in simple language.
6. Feedback/comments from the public be put on the website of the concerned ministry.
7. Ministry to have consultation with all stakeholders.
8. Legal vetting and inter ministerial consultation required.
9. Ministry to compile summary of objections in cabinet note
10. Summary before related Standing Committee of Parliament
11. If it is not feasible to implement PLCP the reasons be recorded in note to Cabinet.
12. Manual of Parliamentary procedures be amended to incorporate PLCP.
3. The GOI approved policy mandating the pre legislative consultation policy is attached . AIPEF requests you to kindly give direction to concerned authorities to ensure that the PLCP documents as per DO letter of 5 Feb 2014 and decisions taken on 10 Jan 2014 must be fully implemented by GOI as a first policy as it is a documented decision which is unanimous and worthy of being implemented in letter and spirit. In light of this decision the Electricity (Amendment) Bill 2021 must be withdrawn and processed as per PLCP which is approved policy of GOI. The PLCP is in fact a compilation of due processing to be followed in the true spirit of democratic functioning and participative role of all stakeholders while dealing with any new legislative proposal.