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The Legal Draftsman's Department is
one of the links of the Governments legislative machinery. It is mandated to draft principal and
amending legislation and to draft and revise subsidiary
legislation in order to facilitate the successful
implementation of the Governments legislative programme.
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.
The Legal
Draftsman's Department consists of a team of 35
lawyers who are specialists in the drafting of
legislation. The office of the Legal Draftsman
had traditionally been located at Hulftsdorp
within the precincts of the Courts of Justice.
All legislation and subordinate legislation required by the Ministries and Departments in Sri Lanka is drafted by this Department.
In view of the Constitutional requirement to enact legislation in two national languages and also in English which is the link language, whilst ensuring efficiency and accuracy, draftsman of the Department usually work in teams of two or three. The instructions relating to a draft is allocated most senior Draftsman
who takes responsibility for the work assigned
and attends to the matter with the assistance
of the juniors assigned for the task. Initially
a preliminary draft is produced, which draft will
be thoroughly discussed and amended to conform
to the policy decision and then a final draft
will be forwarded to the relevant Ministry. At
the same time the draft is sent to the Attorney-
General for him to certify the constitutionality
of the draft amendment. The draft is then Gazetted
as a Bill and sent to Parliament. Specialization
is not (other than in respect of the Inland Revenue
Acts) encouraged within the Department and any
Draftsman should be able to deal with any subject
assigned.
The passage of a Bill through Parliament is,
until the point at which the Speaker issues his Certificate in respect
thereof, governed by Standing Orders of Parliament. More details in
Parliamentary Procedure for the passing of Legislation.
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