LEGAL DRAFTSMEN’S DEPARTMENT OF SRI LANKA

 


LEGAL DRAFTSMEN’S DEPARTMENT OF SRI LANKA

 The Legal Draftsmen’s Department which performs a very vital function in the Government machinery, is to efficiently assist the government in achieving its legislative programme by the transformation of its policies into law in order to ensure good governance.

 

Functions

 The function of the legal draftsman is essentially the drafting of new legislation and amending legislation in all three languages, the preparation of statements of objects and reasons for such legislation, the revision of all Proclamations, Notification, Order in Council, by Laws, rules and regulations forwarded by the initiating Ministry or relevant authority, attending Parliament and meetings of the select of parliament when bills are being discussed and bringing out the pre 1972 laws in official languages.

 

Cabinet Memorandum

 Legislation is initiated with the formulation of a cabinet memorandum by the relevant Ministry. The Memorandum will embody the policy of the government in relation to the subject matter of the Bill to be drafted, giving reasons of the necessity for the legislation.

 

Cabinet Decision

 On the Cabinet Memorandum being forwarded the Cabinet will decide whether the proposed legislation is needed, whether any changes are essential to the proposed policy and what would be the financial implications of implementing such policy through legislation. The cabinet Decision will confirm with or without amendments, the matters contained in the cabinet Memorandum, which will then be the relevant Ministry to the Legal Draftsman’s Department, for the preparation of the necessary legislation.

 

Drafting process

 The legal draftsman’s Department will then proceed to draft legislation on the lines set out in the Cabinet Memorandum. Officials of the relevant Ministry will give the necessary instructions and clarifications. A preliminary draft of the Bill be prepared first and forwarded to the relevant Ministry for its observations thereon. If any observations are made on the preliminary draft, these will be incorporated in the Bill and the final draft of the Bill will then prepared. The final draft of the Bill will thereafter be sent to the relevant Ministry and also to the Attorney-General for his observations.           

 

Constitutionality

 It is the duty of the Attorney-General to examine the constitutionality of the draft legislation Constitution. i.e. to examine whether the provisions of the Bill are in conformity with the provisions of the Bill are in conformity with the provisions of constitution. Attorney –General is required to issue a certificate to the effect that the provisions of the Bill are not inconsistent with the constitution. This has to be tabled in cabinet together with the final draft of the Bill.

 

Publication in Gazette

 When bill is sent back to the cabinet in its final form, accompanied by the Attorney- General’s Certificate, the cabinet will approve the bill and issue instructions to the Government printer to forthwith publish the bill in the gazette. A bill must be published in the Gazette at least fourteen days before it is placed on the order paper of Parliament.

 

Procedure in Parliament.

 The second reading of the Bill can be taken after the lapse of at least seven days from the first reading of the bill. Any citizen may challenge the Bill in the Supreme Court for inconsistency with the constitution, within seven days of it’s being placed on the order paper of parliament. if the Bill is challenged in the Supreme Court, the second reading can only be taken after the Supreme Court has made its determination on the bill, and communicated it to the speaker.

In the second reading of the Bill the principles underlying the Bill are debated and a vote is taken at the end of the debates.

The Bill is then referred either to a Committee of the whole House or to standing committee. In committee, the Bill is examined clause and a vote taken thereon. Amendments may be moved to the Bill at the committee stage. An offer of the Legal Draftsman’s Department is present in parliament during the committee stage of the Bill to help draft the necessary amendments.

After the Bill is passed in Committee, it is then for the third time. Formal amendments may be moved to the Bill at this stage. A vote is taken at the end of the third reading. If the Bill is passed it can be said to have been passed by parliament, but it does not have the effect of law.

 

Speaker’s certificate

 A Bill passed by parliament becomes law only upon the speaker endorsing the Bill. i,e. he certificates it as having been duly passed by parliament. The Bill then becomes an Act of parliament and a number is assigned to it. i,e. Act No. 12 of 1997.

 

Reference to the Supreme Court and its determination

 Within one week of a Bill being placed on the order paper of parliament a Bill may be referred to the Supreme Court by the President or challenged by a citizen as regards the constitutionality or otherwise of a Bill.(Article 121 of the constitution) the Supreme Court may also suggest any amendments necessary to make the Bill consistent with the constitution.

 

 

 

 

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