Legislative and Plain Language Drafting

On 13-12-2025, the Bar Council of India (‘BCI’) announced the integration of “Drafting of Legislation” and “Plain Language Drafting” into the subject Drafting, Pleading and Conveyance under Schedule II, Part II(B) of the Rules of Legal Education, 2008.

Background:

This step was taken by BCI after extensive consultations with Legislative Department, Law Ministry and other legal educators. On 24-10-2025, in an interactive meeting it was suggested that there is a need to equip future legal minds with the skill to draft legislation and draft plain, clear and precise legal documents.

Again on 30-10-2025, it was highlighted that drafting of legislation and plain language drafting to be included in the curriculum of law courses.

Then on 5-12-2025, BCI arrived on clear consensus that future lawyers should be equipped not only to interpret laws but also to draft legislation that is clear, precise, and citizen-friendly, aligning legal education with the needs of a modern, accessible justice system.

Changes:

On 6-12-2025, BCI in its general council meeting considered BCI resolved to include these competencies within Paper 21- Drafting, Pleading and Conveyance. BCI acted under its powers conferred under Section 7(1)(h) and 7(1)(i) of Advocates Act, 1961 and Rules of Legal Education 2008.

Previously, Paper 21 focused on general drafting principles. BCI has now includes “Drafting of Legislation” and “Plain Language Drafting” into Paper 21 within Schedule II, Part II (B). This move enhances the scope of Drafting in the law courses without altering the structure of the courses.

Paper 21 will now explicitly include:

  • Legislative Drafting: Translating policy objectives into legislative provisions, drafting primary and subordinate legislation.

  • Plain Language Drafting: Applying techniques to make legal and legislative texts comprehensible without compromising legal accuracy.

BCI has clarified that his directive does not add new papers but raises the standard of existing clinical training in drafting.

Implementation:

Centres of Legal Education (‘CLEs’) are expected to reflect the changes update teaching plans, course materials, and methodologies to reflect:

  • Legislative Drafting: Translating policy objectives into legislative provisions, drafting primary and subordinate legislation.

  • Plain Language Drafting: Making legal and legislative texts comprehensible without compromising accuracy.

The inclusion and changes in Paper 21 will ensure that:

  • Out of the 15 mandatory drafting exercises, at least 5 will focus on legislative drafting

  • Out of the 15 mandatory conveyancing exercises, at least 5 will require plain language application.

  • Students will be required to demonstrate their ability to:

    ▪ Understand legislative drafting’s role in public policy.

    ▪ Prepare basic legislative clauses and subordinate legislation.

    ▪ Re-draft legal texts in plain language while preserving legal effect.

The directive reaffirms the BCI’s authority to take necessary steps toward strengthening the legal education system. It specifically directs that:

  • Minimum teaching timelines will continue to be governed by orders of the Supreme Court and High Courts, ensuring compliance with judicial standards.

  • Enhancement of content and pedagogy for Paper 21 will be implemented while adhering to existing norms and without compromising other compulsory papers.

  • CLEs to revise their syllabus and course descriptions to incorporate legislative drafting and plain language drafting modules effectively.

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