How a law is born...

How a law is born...

I do not agree with the view that our forefathers,

who enunciated the laws and rules or the people of the age

when such rules came into force

were unaware of the objectives

and purpose for which the rules were being put in place...

Just see how a law making body or legislature passes a law. in our States and

society today...(Just for comparison)

When the bill is introduced for discussion in a legislative body,

explanation about each clause and their utility are given in detail,

permission is given to introduce each clause,

and after permission is granted,

each clause is discussed in great detail,

the supporters and opponents all would canvas their views and again each clause is put to vote

with amendments if any arising out of discussions in the floor,

and finally the bill is passed either by voice vote or

by calling division and ballot..

and the passing of each clause is announced by the chair reiterating it at least twice..

( we see the member moving the bill for passing, the Chair reading out each class and proposing to pass the bill by calling those who agree to say Aye, and those who do not agree to say no.. and the chair, each time declares at least twice that the ayes have it before passing.. This is voice vote.. Of course the lobby voting and voting by ballots are even more meticulous.. quorum is ensured, the majorit in voting is ensured, casting vote by chair when there is tie is effected.. how many safeguards!)

Various levels of discussion at various legislative bodies, and also various levels of majority assent of the legislatures are prescribed according to the importance of the law to be enacted..

Then the head of the State gives assent to the bill.. Then alone if becomes law..

But when we see the rule in a text, we will not see all this process recorded..

Does it mean that the people who made the rule did not know the purpose of the rule..?

The smrithis etc were also evolved through discussion among scholars and social leaders, and the final rules were put on record in the name of the presiding official or the person who moved the bill..

Taking the example of , the Yajnavalkyasmriti ,

it cannot be said to have been just created by the imagination of that Sage,

but it has to be understood that it came into force

after the approval of the sages and scholars of that period,

and the Kings and ministers and people of the period..

The text of the smrithi is retained,

but it was not necessary to retain the minutes of the legislative body forever..

This procedure and ratio would apply more or less to any ancient or modern law .

. Even in not so democratic systems and .. In any part of the world some legislative history and thredbare discussion preceded the birth of any law or rule..