Lok Sabha Question No. 4800 (UNSTARRED), answered on 2021-03-24
Subject: Legislative Impact Assessment
Ministry: LAW AND JUSTICE
Asked by: Raja Amareshwara Naik, Vinod Kumar Sonkar, Sukanta Majumdar, Nisith Pramanik, Sangeeta Kumari Singh Deo, Jayanta Kumar Roy, Rajveer (Raju Bhaiya) Singh, Bhola Singh

## GOVERNMENT OF INIDA

## MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 4800

## TO BE ANSWERED ON WEDNESDAY, THE 24 th  MARCH, 2021

Legislative Impact Assessment

4800. SHRI RAJA AMARESHWAR NAIK:

SHRI VINOD KUMAR SONKAR:

DR. SUKANTA MAJUMDAR:

SHRI NISITH PRAMANIK:

SHRIMATI SANGEETA KUMARI SINGH DEO:

DR. JAYANTA KUMAR ROY:

SHRI RAJVEER SINGH (RAJU BHAIYA):

SHRI BHOLA SINGH:

Will the Minister of LAW AND JUSTICE be pleased to state :

- (a) whether  there  is  need  for  framework  for  Legislative  Impact  Assessment (LIA)  for  informed  law-making  process  by  bringing  out  social,  economic, environmental, and institutional impacts of legislative proposals;
- (b) if so, the details thereof;
- (c) whether Government has set up any committee/task force to study different aspects of LIA;
- (d) if so, the details thereof;
- (e) whether  Government  has  formulated  Pre-Legislative  Consultation  Policy in 2014 but it is not mandatory and if so, the details thereof;
- (f) whether Government has any plan to implement both Pre-legislative Consultation and Post-Legislative scrutiny to realise the stated objective of various laws; and
- (g) if so, the other steps being taken by the Government in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONIC & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (d) :   Yes,  Sir. The concept of Legislative Impact Assessment involves making an  assessment  or  analysis,  through  an  informed  and  transparent  process, and with the participation and involvement of all stakeholders, of

preparedness  and  availability  of  requisite  administrative,  financial  and infrastructural support for successful implementation of intended legislation.

Under the Government of India (Allocation of Business) Rules, 1961, each  Ministry/  Department  has  been  allocated  subject  matters  on  which that  Ministry/Department  initiates,  processes  and  implements  legislative proposals  and  also  studies  social,  economic,  environmental  and  judicial impact  of  such  legislative  proposals.  Therefore,  it  is  for  the  concerned Ministry/Department to set up any committee/ task force to study various aspects of Legislative Impact Assessment.

- (e) to (g):     Pre-legislative  Consultation  Policy  was  formulated  by  the  Committee  of Secretaries  under  the  Chairmanship  of  Cabinet  Secretary  in  the  meeting held on 10 th January, 2014. In order to give effect to the decision of that Committee,  Legislative  Department  has  circulated  the  said  Policy  to  all Ministries/Departments for strict adherence and compliance thereof.

The Ministry/Department concerned with the subject matter initiates pre-legislative  consultations,  holds  deliberations  with  the  public  and  all stakeholders and on that basis, finalises its legislative policy.

The Ministry/Department concerned with the subject matter carries out  the  post-legislative  scrutiny  of  the  legislation  on  the  basis  of  inputs, suggestions  and  feedbacks  received  from  the  public,  experts  and  other stakeholders; takes appropriate decision for modifications, if any.