The line between lawmakers and legal advisers is blurred. Is it desirable for legal advisers to draft laws on which they will advise?

The Competition Act, the Data Protection Act and the Information Technology Act are just some of India’s laws that were written with the assistance of law firms. Indeed, when government ministries draft new laws, it has become common practice for them to turn to the country’s corporate lawyers for assistance.

Pallavi Shroff, a partner at Amarchand Mangaldas, who has had a long involvement with the creation of competition law in India, is supportive of the role played by private lawyers in the drafting process. “We bring to the table not only different legal perspectives but also business perspectives on the basis of our dealings with things on a day-to-day basis,” she says.

Pallavi Shroff Partner Amarchand Mangaldas

Diljeet Titus, the managing partner of Titus & Co, agrees: “The government does not have the necessary expertise or manpower to effectively draft complex legislation in new and emerging areas,” he says.

Diljeet Titus Managing Partner Titus & Co

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