Report No. 43

1.14. Advantages of consolidation.-

The first question we have to consider is whether there is a really necessity for a separate consolidated law on the subject, or else whether the aforesaid statutes1 may be allowed to remain as before. The main advantages of consolidation of statutes are these:-

(1) Consolidation diminishes the bulk of the statute book and makes the law easier for those who have to administer it (including Judges, administrators, the Bar and the litigant public); for they have only one document to consult instead of two or more.

(2) The consolidated Act speaks from one and the same time, and thus the convenience arising from the interpretations of sections of various Acts speaking from different times is avoided. The art of legislative drafting has altered very much during the last century and the language used, the length of the sentences, the arrangement of the clauses and the sections may have to be drastically altered to conform to modem style of drafting. This applies specially to the Foreign Recruiting Act and the Official Secrets Act which will, in any case, require revision.

(3) Some of the provisions of the earlier Acts may have to be omitted as unnecessary.

In addition to these advantages, there arises an opportunity of incorporating in the new Act some of the provisions of the foreign codes dealing with national security which may be suited for Indian conditions also. For these reasons, we are of the view that there should be a consolidated statute entitled the National Security Act.

1. Para. 1.6, above.