English Language and Legal Drafting
English Language and Legal Drafting tests precision, grammar and the conventions of Indian court documents. The exam expects you to draft a plaint, written statement, notice, affidavit or agreement, and to rewrite clumsy legal prose into clear English.
Drafting conventions
- Use the correct cause title: court, parties in the proper order, suit number and description of the document.
- Plead material facts, not evidence; verify the plaint and sign it as required by Order 6 Rule 15 CPC.
- A statutory notice under section 80 CPC must state the cause of action, the relief and the grounds, and must precede the suit against the government.
- Affidavits must be verified in the prescribed form; an unverified affidavit is defective.
Language
- Prefer the active voice, short sentences and defined terms. Use 'shall' for obligation, 'may' for discretion and 'must' sparingly.
- Avoid archaic pairs such as 'null and void and of no effect' when one term suffices.
Worked example
Rewrite: 'The defendant is liable to pay damages to the plaintiff in respect of the loss suffered by reason of the breach committed by the defendant.' Reasoning: identify the parties, the breach and the relief in one active sentence: 'The defendant committed breach of the agreement and is liable to pay the plaintiff damages for the loss suffered.' This removes repetition and fixes the subject of each clause.
Traps
- Drafting a plaint that argues evidence instead of pleading facts.
- Omitting the verification or the prayer clause.
- Using 'shall' for a discretionary power and destroying the intended meaning.
- Missing the limitation period in a notice or a plaint.