QUERY
A Framework for the Periodic Review of Legislation to Assess Quality, Effectiveness, and Relevance
Indian laws often withstand the test of time, but continue to wither with its passage. As a direct result, they may become outdated, poorly implemented, or misaligned with their objectives. A constitutional democracy like ours should remain responsive and systematic in its approach to examining and amending the law, rather than treating it as an exercise purely for judicial review or reactive amendment.
Against this backdrop, this report proposes QUERY, a framework for the post-enactment review of legislation based on three dimensions: Quality, Effectiveness, and Relevance. The framework is designed to help civil society and governments alike, providing them with 70- and 90-point scoring toolkits, and accompanying methodology, for evaluating any law.
The Core 70-point toolkit consists of 7 metrics:
(A) SARAL drafting (Simplicity, Accessibility, and Rationality)
(B) Legal and Constitutional Compliance
(C) Efficacy in Meeting Objectives
(D) Implementation
(E) Stakeholder Response and Feedback Mechanisms
(G) Technological and Scientific Relevance
(H) Social and Cultural Integration.
The Core+ 90-point toolkit delves even deeper, providing for metrics that rely on limited-access data points, namely (I) Enforcement and Administrative Feasibility and (J) Impact Assessment and Stakeholder Engagement.
To pilot test the framework, the report applies it on two central laws: the Registration Act, 1908 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (‘PoSH Act’). Through these case studies, the report demonstrates that both older and newer laws require systematic review: while the Registration Act remains legally indispensable, its procedural design is outdated; and while the PoSH Act performs better in many metrics, it continues to face gaps in implementation, coverage, and institutional responsiveness.
Drawing on comparative practices and Indian constitutional principles, the report identifies pathways for operationalising periodic review through government, legislative, and civil society action. It seeks to embed a culture of evidence-based legislative maintenance, so that laws continue to remain responsive instruments of good governance.
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About the Authors
Jwalika is a Research Fellow in the Research Director's Office at the Vidhi Centre for Legal Policy, Delhi. She holds a Bachelor of Civil Law (LLM-equivalent) degree from the University of Oxford and a BA LLB (Hons) from the National Law School of India University, Bangalore. Her areas of interest include family law, equality and anti-discrimination law, and human rights, with a special emphasis on gender and sexuality. She is on the Board of Directors at OutLawed India, a not-for-profit organisation working to improve access to law and justice. At Vidhi, she has been providing legislative drafting assistance to various Ministries, Departments, and Authorities of the Central Government and various State Governments.
Surbhi is a Research Fellow in the Research Director's Office. Prior to joining Vidhi, Surbhi completed her BA in International Relations from Stanford University, followed by a BA in Jurisprudence (3-year LLB) from the University of Oxford in 2023. Through Oxford Human Rights Institute, she served as a Bonavero Fellow with REDRESS, working on strategic litigation and advocacy for survivors of torture. Her own academic interests lie in feminist jurisprudence, constitutional law, and human rights. At Vidhi, she has been involved with both independent and engaged projects, providing legislative drafting assistance to various government Departments and Ministries.
Arghya is the Founder and Research Director at Vidhi. His areas of specialisation are constitutional law and regulation of the digital economy. He has served on a number of government committees including the B.N. Srikrishna-led committee of experts on a data protection framework for India. Arghya has a number of academic publications on the Supreme Court and the Constitution in leading law journals such as Law Quarterly Review and Public Law. He is also a columnist at The Telegraph and The Times of India. He is the author of three books: "Independence and Accountability of the Indian Higher Judiciary" (Cambridge, 2019), "Hamīñ Ast? A Biography of Article 370" (co-authored - Navi Books, 2022) and most recently "The Colonial Constitution" (Juggernaut, 2023). Prior to founding Vidhi, he was at Oxford as a Lecturer in Administrative Law at Pembroke College.
