Assignment Writing Service http://StudyHub.vip/AN-OUTLINE-OF-THE-LEGISLATIVE-PROCESS-O 👈

1. AN OUTLINE OF THE LEGISLATIVE PROCESS OF SRI LANKA
Nadeera Sri Ekanayake
Attorney At Law , Masters in law(KDU) , Legislative Drafting Certificated ( Lok Sabha -New Delhi),
National Diploma in Teaching English (National College of Education)
PART-1
(A) LEGISLATIVE POWER - THE PARLIAMENT
The Parliament is the most important Source Of law. The National, Provincial or Local level
governance is carried out by Parliamentary legislations. It covers a myriad of subjects .
Example - Security , welfare, commerce, communication, human rights, environment, etc.
Provisions in the 1978 Constitution
4 (a). The legislative power of the People shall be exercised by Parliament, consisting
of elected representatives of the People and by the People at a Referendum.
75. Parliament shall have power to make laws, including laws having retrospective effect and
repealing or amending the Constitution.
76. Parliament shall not abdicate or in any manner alienate its legislative power, and shall not
set up any authority with any legislative power subject to the provisions of Article 76(2)(3)
and(4).
(B) LEGISLATIVE LAW .
The term “Legislative Law". Consist of
1. Primary Legislations and
2. Delegated legislation.
 Primary Legislation ( Acts of Parliament and perhaps statutes made by Provincial Councils.)
 Delegated Legislation (regulations, rules, order, by-laws made under primary legislation.
In terms of volume, delegated legislation, now exceed primary legislation.)

2. PART – 2
(A) THE LEGISLATIVE PROCESS
The term " Legislative process" has wider connotations than the term "parliamentary process".
The legislative process has two main stages.
1. Pre-Parliamentary Process, and
2. Parliamentary Process
1.PRE- PARLIAMENTARY PROCESS.
The Pre-Parliamentary process involves the preparation of legislation on the basis of Government
Policy. Election pledge or a commission report also could play a key role .
It can be divided into two stages .
I. Preparatory stage and
II. Drafting stage
i. Preparatory Stage
The Cabinet of Ministers decides what laws are to be made.
 Any Ministry which wants a law, has to prepare a Cabinet Memorandum setting out the details
for the proposed law.
 Once the Cabinet approves the memorandum, the Ministry will take the initiatives to have the
law enacted.
 The Legal Draftsman is authorized to draft the required legislation and submit it to the relevant
Ministry.
 Government policy, Election manifestos, Public Opinion play a key role.
Preparatory stage is more important than the drafting stage, as important decisions are made there.
 Informal discussions with stakeholders throughout the policy development process;
 Formal public consultation on green and white papers;
 Informal consultation with stakeholders during the drafting process; and
 Formal consultation on draft legislation.
 Hold consultations with government Departments.
 Engage in legal and practical research for the preparation of legislation.
ii. Drafting stage
Sir Granville Ramsaid,on legislative drafting
‘’A Bill is forged on the anvil of the draftsman's table while politicians and civil servants swing their
heavy sledges’’.
A summary of Montesquieu rules on Legislative drafting as contained in his work, "Spirit of laws"
(1948).
(i) Concise and simple style;
(ii) Terms chosen should be absolute. It should not give rise to differences of opinion;
(iii)To deal with real and actual matters; hypothetical situation should be avoided;
(iv) Simple reasoning of an average man to be adopted;
(v) No confusion should be created in the main issues dealt with, by a number of exceptions,
limitations or modifications;
(vi) The provisions should not be argumentative - Avoidance of detailed reasons being given, as
they would give rise to controversies;

3. a legislative drafter gets involved in policy issues and provides Ministers and civils ervants their
expert knowledge with respect to institutions, structures and the law in an interdisciplinary manner.
In the drafting stage, the design, composition and scrutiny are of utmost importance.
Functions of the Legal Draftsman’s Department in relation to drafting of Bills
The main function of the Legal Draftsman's Department is the transformation of the Government
policies on diverse subjects into legislation in line with the Constitution and the decisions made by
the Cabinet of Ministers. In this process, the Department drafts Bills to enact new legislation and to
amend existing legislation, and also revises the subordinate legislation submitted by various
Government Ministries.
 Drafting of Bills in all three languages to enact new legislation and to amend existing
legislation.
 Revision and (where necessary) drafting of subordinate legislation in all three languages.
 Attending to parliamentary duties in connection with the preparation of laws.
 Drafting of Provincial Council Statutes where necessary.
2.PARLIAMENTARY PROCESS.
 Parliamentary process is the legitimating stage of the legislative process.It is regulated
primarily by the constitution and Standing Orders.Gaps in Standing Orders are generally by
reference to the immortal works of Erskine May, and Kaul and Shakader on Parliamentary
Practice and Procedure.
 The main function of the Bills Office is the processing of Bills from their introduction in the
Parliament up to printing of the final Acts.
 A Bill - A draft of a proposed law presented to parliament for discussion
 An Act - a bill passed by the parliament.
 A Bill – discussed in Parliament and passed – An Act
1.Government Bills
 Ordinary Bills
 Constitutional Amendment Bills - (Bills to amend, repeal and replace the Constitution in
terms of Articles 82, 83 and 84 of the Constitution)
 Appropriation Bill
2.Private Members' Bills.
Urgent Bills - unlike a regular bill the urgent bill need not be published in the Gazette prior to its
presentation in Parliament. The criticism is that the public is denied notice of the impending
legislation. Cannot be challenged in the Supreme Court.
Main Stages of Enacting a Government Bill
1. Presentation of the Bill published in the Gazette (First Reading)
2. Bill printing
3. Consideration of the Bill in the relevant Sectoral Oversight Committee
4. Second Reading
5. Committee Stage of the Bill:

4. I. Committee of the Whole Parliament
II. Legislative Standing Committee
6. Third Reading
7. Speaker's Certificate
8. Final Act printing
Main Stages of Enacting a Private Members’ Bill
1. Forwarding the draft Bill submitted to the Secretary-General of Parliament under the Standing
Orders to the Attorney General for his opinion
2. Gazette publication of the Bill after the receipt of the opinion of Attorney General
3. First Reading (Bill Presentation)
4. Forwarding the Bill to the relevant Minister to obtain the Minister’s Report
5. Second Reading
6. Committee stage - Consideration of the Bill at the Legislative Standing Committee
7. Third Reading
8. Speaker’s Certificate
9. Final Act printing
Main stages of the passage of a Bill
First reading
The first reading takes place when the Minister in charge of the Bill presents it to the Parliament.
 After 14 days from the publication in the gazette in terms of Article 78 of the Constitution
and on the request of any Minister.
 a Bill is placed in the Order Paper for First Reading in terms of Standing Order 50(1).( if the
subject matter of the Bill comes under the Provincial Council list, the President shall refer
such Bill to all Provincial Councils for the expression of their views, before being placed on
the Order paper.)
 After the Bill is introduced, the Bill is ordered to be printed by Parliament and shall be
referred to a relevant Sectoral Oversight Committee for its consideration, as per Standing
Order 50(2).
Second Reading
The second reading of the Bill is the most important aspect of the parliamentary process.
 The merits and demerits of a draft Bill are debated by the Government and the Opposition
at this stage.
 The Bill shall be set down for Second Reading, after seven days from the date of First
Reading, in terms of Standing Orders 50(1) and 55(1). (Sectoral Oversight Committee has to
submit its report before the Bill is scheduled for second Reading.
the Second Reading may not take place after seven days from the date of First Reading in following
instances.
a) Where a Petition has been filed in the Supreme Court against a Bill under Article 121 of the
Constitution, such a Bill is fixed for Second Reading after the determination of the
Supreme Court is announced in Parliament, in terms of Standing Order 55(2).
b) When Bills in respect of matters in List III of the Ninth Schedule to the Constitution
(Concurrent List) under Article 154G (5)(a) are presented to Parliament, such Bills are
referred to all Provincial Councils for their views in terms of Standing Order 51 (2)(a).
After the views of Provincial Councils are announced in Parliament, the Bill may fixed

5. for Second Reading in terms of Standing Order 51 (2)(b).
 At the Committee stage, all the Clauses of the Bill are considered and new
amendments may be moved to the Clauses of the Bill in terms of Standing Orders 60
to 65.
 The scope of committee stage amendments is controversial in many Parliaments.In Sri
Lanka post enactment review is not possible after the enactment of a Bill.it is necessary to
ensure that committee stage amendments do not conflict with the constitution.
 When the Committee of the Whole Parliament has completed the consideration of the Bill,
the Chair shall report the Bill with or without amendments to the Parliament in terms of
Standing Order 67.
Third Reading
The Bill, be read a Third time and passed by Parliament as per Standing Orders 71 and 72.
A vote may be taken
 by voice;
 by division - by row or by name;
 by name - using the electronic voting system. Approval of the House is sought for the entire Bill
with the amendments proposed in the Committee at the Third Reading.
Certificate
A Bill shall become an Act upon the endorsement of the Speaker on the Bill (Assent), under Article
79 and 80 of the Constitution and in terms of Standing Order 74.
CONSTITUTIONALAMENDMENT BILLS
 It has to be expressly specified in the long title that the Bill is for the amendment to the
Constitution.
 The other procedures are same as the procedure of ordinary Bills, except the Bill has to be
passed with a majority of two-thirds or both a majority of two-thirds and the approval at a
referendum.
AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-
1. This Act may be cited as the Twentieth Amendment to the Constitution
APPROPRIATION BILLS
 The procedure of Appropriation Bill also as same as the Ordinary Bills but twenty six days
are allotted for the consideration of the Bill in terms of Standing Order 75.
 Second Reading of the Appropriation Bill starts with the Budget speech and it is followed by
a maximum of seven days of debate.
 At the end of the allocated seven days of the Second Reading debate, a Vote will be taken
for the Appropriation Bill, as prescribed by Standing Order 47. Once Parliament votes for the
Bill, it will be referred to a Committee of the whole House.
Committee Stage(Committee of whole Parliament)

6.  A maximum of twenty two days shall be allocated for the Committee Stage and when the
Appropriation Bill is referred to the Committee of the Whole Parliament, all Clauses, Heads
and Schedules are considered together with the amendments proposed thereon and
reported to Parliament in terms of Standing Order 130.
 Having passed Heads of the Appropriation in the Committee of Whole Parliament,
Parliament resumes sitting and the Chair shall report to Parliament that the relevant Heads
have been considered and passed in the Committee with or without amendments. After all
the Heads are considered and passed, the Bill is read the Third time and passed by
Parliament by a Vote as prescribed by Standing Order 47. At this point, the Hon. Speaker
would announce that the Appropriation Bill for the particular year is passed by Parliament .
If the Appropriation Bill is rejected by the Parliament, the Cabinet of Ministers shall stand
dissolved, as per Article 48(2) of the Constitution.
PRIVATE MEMBERS BILLS.
Any Private Member of Parliament who wishes to introduce a Bill which is intended to affect or
benefit some particular person, association or corporate body should give notice of the Bill by
advertising in the Gazette in Sinhala, Tamil and English and in at least one Sinhala, one Tamil and one
English newspaper circulating in the Republic stating its general nature and objects and such
advertisement shall appear at least one month before the application for leave to introduce the Bill
is made. (Standing Order 53 (1)).
A “Private Member” is defined in Standing Order 24 (3):
24 (3) A “Private Member” does not include a Member holding the office of the Speaker, Deputy
Speaker, Deputy Chairperson of Committees, Prime Minister, Ministers of the Cabinet of
Ministers, Ministers who are not members of the Cabinet of Ministers, Deputy Ministers, Leader
of the House of Parliament, Leader of the Opposition in Parliament, Chief Government Whip and
the Chief Opposition Whip.
Procedure of Private Members’ Bills is laid down in Standing Order 52 and 53.
When a Private Member's Bill is received in Parliament under Standing Order 52, the Bill
is referred to the Attorney-General to seek his opinion as to whether the Bill is i
nconsistent with the Constitution and whether it contravenes the Thirteenth
Amendment to the Constitution. The Attorney-General shall communicate his
observations to the Parliament within six weeks