The document outlines the legislative drafting process in Bangladesh. It discusses the relevant laws and authorities involved, including the Constitution, rules of procedure, and various ministries. It then describes the steps for preparing a draft bill, including initiation by an administrative ministry, review by the Legislative and Parliamentary Affairs Division, examination and approval by the Cabinet, and preparation of supporting documents for the bill.

1. LEGISLATIVE DRAFTING PROCESS
Md. Asaduzzaman
Associate Professor
Department of Law & Justice
Southeast University
E-mail: asad23llb@gmail.com
Cell: 01712710496

2. STRUCTURE OF LECTURE
• RELEVANT LAWS IN LEGISLATIVE DRAFTING
PROCESS
• RELEVANT AUTHORITIES IN LEGISLATIVE
DRAFTING PROCESS
• PREPARATION OF A DRAFT BILL

3. RELEVANT LAWS IN LEGISLATIVE PROCESS
 The Constitution of the Peoples’ Republic of
Bangladesh
 The Rules of Procedure of Parliament of the
People's Republic of Bangladesh
 The General Clauses Act, 1897
 The Bangla Bhasa Procholon Ain, 1987
 Rules of Business, 1996 and the Allocation of
Business Among the Different Ministries and
Divisions
 The Secretariat Instructions, 2014

4. RELEVANT AUTHORITIES IN LEGISLATIVE PROCESS
 Administrative Ministry
 The Legislative Drafting and Parliamentary
Affairs Division of the Ministry of Law, Justice
and Parliamentary Affairs
 The Law Commission, Bangladesh
 The Office of the Attorney General
 The Cabinet
 The Parliament (The House of the Nation)
 The President
 The Supreme Court of Bangladesh

5. PREPARATION OF A DRAFT BILL
 Initiation of Legislation
 Reference to the Legislative & Parliamentary Affairs
Division
 Preparation of drafting of a Bill
 Examination of the draft Bill by the administrative
Ministry/ Division
 Approval of the Bill by the Cabinet
 Recommendation of the President
 Preparation of Statement of Objects and Reasons
and Notes on Clauses

6. INITIATION OF LEGISLATION
 Every proposal involving legislation will be placed before the
Cabinet by the administrative Ministry/Division concerned for
approval
 If the proposal receives approval from the Cabinet, it will be
referred to the Legislative and Parliamentary Affairs Division
(L-PAD) with the request to give the proposal a legislative
shape in the form of a Bill or an Ordinance, as the case may
be
 No legislative proposal will ordinarily be referred to the LPAD
and nor the LPAD will undertake the preparation of a draft of
the legislative measure unless the proposal has been
approved by the Cabinet.
(Instruction No. 227 of the Secretariat Instructions, 2014)

7. REFERENCE TO LPAD
 Every reference of legislative proposal to the LPAD for
preparation of a draft legislative measure will be
accompanied by-
 all the papers connected with the proposal
 the precise or summary placed before the Cabinet
 memorandum of instructions indicating with sufficient
precision the contents of the proposal as approved by the
Cabinet; and
 setting out clearly in the form of a series of propositions
all matters of substances which are to be included in the
draft legislation.
(Instruction No. 228 of the Secretariat Instructions, 2014)

8. PREPARATION OF DRAFTING OF A BILL
 Upon a reference to it of a legislative
proposal, the LPAD will examine it and if it
finds that the proposal contains no measure
which is ultra-vires of the Constitution or
inconsistent with the Fundamental Principles
of State Policy, it will prepare draft to fully
reflect the proposal.
 (Instruction No. 229 of the Secretariat Instructions, 2014)

9. RETURN THE PROPOSAL TO THE
ADMINISTRATIVE MINISTRY/DIVISION
 If upon examination of the proposal, the LPAD, finds that it
contains measure which is ultra-vires of Constitution or
inconsistent with the Fundamental Principles of State
Policy, it will return the case to the administrative
Ministry/Division concerned fully recording its opinion with
the advice:
 in the case of any measure being ultra-vires of the
Constitution, to modify the proposal omitting those
measures; and
 in the case of inconsistency with the Fundamental Principles
of State Policy, to reconsider the measure for bringing the
proposal in conformity with those principles.
 (Instruction No. 229 of the Secretariat Instructions, 2014)

10. PREPARATION OF THE DRAFT BILL
REFLECTING THE PROPOSAL AS MODIFIED
 After the case has been received back from the LPAD
the administrative Ministry/Division concerned will re-
examine and modified the proposal in the light advice
of the LPAD and refer the proposal as so modified to
the LPAD for preparation of a draft of the legislative
measure; and the LPAD will prepare the draft to
reflect the proposal as modified.
 The LPAD will, while returning a case with a draft of a
Bill, also record whether the Bill will require the
previous recommendation of the President under
Article 82 of the Constitution.
(Instruction No. 229 of the Secretariat Instructions, 2014)

11. PREPARATION OF THE DRAFT BILL
REFLECTING THE PROPOSAL AS MODIFIED
 After the case has been received back from the LPAD
the administrative Ministry/Division concerned will re-
examine and modified the proposal in the light advice
of the LPAD and refer the proposal as so modified to
the LPAD for preparation of a draft of the legislative
measure; and the LPAD will prepare the draft to
reflect the proposal as modified.
 The LPAD will, while returning a case with a draft of a
Bill, also record whether the Bill will require the
previous recommendation of the President under
Article 82 of the Constitution.
(Instruction No. 229 of the Secretariat Instructions, 2014)

12. EXAMINATION OF THE DRAFT BILL
 The draft Bill will then be examined by the
administrative Ministry/Division which will satisfy
itself that the draft Bill correctly represents their
legislative proposals.
 If the draft bill requires any change, the
administrative Ministry/Division will resend the draft
to LPAD with necessary advice/instructions for
modification of the draft Bill.
(Instruction No. 230 of the Secretariat Instructions, 2014)

13. APPROVAL OF THE BILL BY THE CABINET
 When the draft Bill as vetted by the LPAD has been
finally approved by the administrative
Ministry/Division concerned, it will be submitted to
the Cabinet for approving the introduction of the Bill
in the Parliament.
(Instruction No. 231 of the Secretariat Instructions, 2014)

14. APPROVAL OF THE BILL BY THE CABINET
 When the draft Bill as vetted by the LPAD has been
finally approved by the administrative
Ministry/Division concerned, it will be submitted to
the Cabinet for approving the introduction of the Bill
in the Parliament.
(Instruction No. 231 of the Secretariat Instructions, 2014)

15. RECOMMENDATION OF THE PRESIDENT
 If any Bill or amendment of a Bill requires
the recommendation of the President
under Article 82 of the Constitution, the
administrative Ministry/Division concerned
will obtain the recommendation of the
President through the Finance Division to
the introduction of the Bill or, as the case
may be, the moving of the amendment in
the Parliament.
(Instruction No. 232 of the Secretariat Instructions,
2014)

16. PREPARATION OF STATEMENT OF OBJECTS AND
REASONS AND NOTES ON CLAUSES
 After completing action under the preceding Instruction,
the administrative Ministry/Division concerned, in
consultation with LPAD, will prepare a Statement of
Objects and Reasons and such notes on the clauses of
the Bill as may be considered desirable so as to explain
the substance and origin of the clauses of the Bill.
 The administrative Ministry/Division concerned will
formulate the line of action to be adopted in regard to
the Bill, and prepare a brief for the use of the Minister-
in-Charge to assist the substance and origin of the
clauses of the Bill.
(Instruction No. 233 of the Secretariat Instructions, 2014)