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The main function of the Department
of the Legal Draftsman is the drafting and amending
of legislation and the drafting and revision of
subsidiary legislation in order to facilitate
the successful implementation of the Governments
legislative programme. The Governments legislative
programme is structured in such a manner so as
to successfully implement the policies of the
government, which are embodied in the decisions
of the Cabinet of Ministers. It is therefore the
primary duty of the Department of the Legal Draftsman
to provide the necessary domestic legal infrastructure
in order to facilitate such implementation. The
Department of the Legal Draftsman is also required
in the discharge of its functions, to prepare
legislation in both the official languages, i.e.
Sinhala and Tamil, as well as in English which
is the link language.
In carrying out the function
of drafting legislation the Department is governed
by the provisions of the Constitution of the Democratic
Socialist Republic of Sri Lanka and the Administrative
Regulations which have been framed for such purpose
and which are embodied in the Establishments Code,
which Code is issued under the directions of the
Cabinet of Ministers by the Ministry of Public
Administration. Article 75 of the Constitution
states that Parliament shall have the power to
make laws. Articles 76 to 80 set out the procedure
applicable to the exercise of the legislative
power of Parliament. The Establishments Code in
Chapter XXXIII 2:1 to 2: 3 deals with Draft Legislation
and it states that, "a request for a draft
of legislation should in all cases be accompanied
by a memorandum containing the fullest possible
instructions for the assistance of the Legal Draftsman,
in the preparation of the draft" and upon
the Cabinet determination has been made on the
governments programme of legislation, such conclusion
shall be communicated to each Secretary and the
Legal Draftsman. In relation to subordinate legislation
it is stated that such "subordinate legislation
should drafted by the Ministry or Authority which
requests the same, and thereafter be forwarded
to the Legal Draftsman for revision and be in
duplicate and in all three languages".
The Department is also called
upon to express opinions with respect to draft
legislation and subsidiary legislation and has
also to co-ordinate with Parliament for the successful
enactment of legislation drafted in conformity
with the provisions of the Constitution.
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