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OTI Discussion Document
Parliamentary Law Making Procedure
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Contents
Purpose, Rationale and Objective ................................................................................................................. 3
Parliamentary Law Making Processes ........................................................................................................... 4
The Normal Legislative Process ................................................................................................................ 4
The Urgent Bill Process ............................................................................................................................. 5
The Referendum ....................................................................................................................................... 5
Private Members Bills ............................................................................................................................... 6
Constitutional Amendments (Broad Procedure) ...................................................................................... 7
Provincial Legislation ................................................................................................................................ 8
Procedural Gaps Analysis .............................................................................................................................. 9
Procedural Gaps Analysis (Table) ................................................................................................................ 10
Annexure 1: The Directive Principles of State Policy according to the Constitution .................................. 14
Annexure 2: The Law Making Powers of Parliament according to the Constitution .................................. 16
Annexure 3: The President’s Role in Parliamentary Law Making ............................................................... 17
Annexure 4: The Role of the Attorney General (Constitution) ................................................................... 17
Annexure 5: The Gazette ............................................................................................................................ 18
Annexure 7: The Referendum Clause ......................................................................................................... 18
Annexure 8: Amending the Constitution .................................................................................................... 18
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Purpose, Rationale and Objective Article 4(a) of the Sri Lankan Constitution gives Parliament the power to exercise the legislative power of the people1. Hence, parliament is supposed to be a supreme decision making body that manifests the aspirations of the people in its activities. Its purpose is to convert policy stands into laws that serve to protect the basic needs and rights of citizens. It is presumed that a legislature will never enact any legislation to harm its people. In all essence parliament is a representative body which is supposed to monitor the functioning of government on behalf of the people.
“The Parliament in Sri Lanka is the apex of all representative bodies. It is the
sovereign legislature in the country…..Parliament does not govern. Its function
is to exercise effective supervision through its procedures…the more intense the
Parliamentary scrutiny the more effective the functioning of the Government.”2
However, there are a number of gaps and deficiencies in the Sri Lankan Parliament’s Law Making Procedure that erodes the purpose of Parliament as a legislative body representing the people. Research into this topic examined constitutional provisions in relation to parliamentary law making, the standing orders of parliament, parliamentary procedure in relation to bills and amendments to identify deficiencies in relation to procedures. Based on this analysis it is possible to say that the Parliamentary Law Making Process is affected by the following parameters: (a) The Directive Principles of State Policy according to the Constitution3, (b) The Law Making Powers of Parliament4, (c) Fundamental Rights in the Constitution and the Strength of the Judiciary to intervene in the legislative process5, (d)Established Constitutional Procedures, (e) Parliamentary Standing Orders and Procedures, (f) The Executive’s ability to influence the Legislative Process6, (g) aspirations of the People, (h) Customs, Traditions and Conventions and the (i) Strategic Interests of the Country. While this is the reality of the Sri Lankan Law Making process at a conceptual level it is essential that parliamentary law making procedure focus on:
Maintaining the
Power of the State
Justice & Equality
Maintaining Democracy
Rule of Law
Conflict Management
Effect Management &
Social Stability
For this purpose, through discussion it is necessary to evolve new conceptual models and information to make the Sri Lankan Parliamentary Law Making Process more representative, responsive and efficient. The purpose of this paper is to take the first step in generating such a discussion.
1 Article 4(a), (1978) Chapter I The People, The State and Sovereignty, The Constitution of the Democratic Republic
of Sri Lanka, Department of Government Printing, Sri Lanka. p. 3 2 Wijesekara, P. (2007) Parliamentary Practice in Sri Lanka, Parliament of Sri Lanka, Sri Lanka, p. 1.
3 See Annexure 1: The Directives of State Policy according to the Constitution
4 See Annexure 2: Law Making Powers of Parliament
5 For Attorney General’s Role see Annexure 4: Attorney General OR see Process Diagram’s for Supreme Court Role
6 See Annexure 3: The Executive’s Role in Law Making
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Parliamentary Law Making Processes
Before any law is made, all legislative proposals have to be injected into the parliament in the form
of bills7. There are a number of processes which are followed during Parliamentary law making.
Different procedures allow different types of legislation to go through the Parliamentary law
making process.
The Normal Legislative Process 8 Is the general procedure followed during the law making process. The pre enactment phase has an
undefined time period in which the ‘policy’ and technical points of a bill are formulated. After the
bill is gazetted9 it can appear in the Parliament Order Paper (Agenda) after a minimum of 1 week.
Once the 1st Reading of the Bill is done is parliament it can then go forward to the 2nd Reading after
a minimum of 1 week, again. The normal legislative process allows for a bill to be more deeply
examined by a Committee of the Whole House or be put to Standing Committees before it goes for
the 3rd and final reading.
Phase 1
Phase 2
7 Wijesekara, P. (2007) Parliamentary Practice in Sri Lanka, Parliament of Sri Lanka, Sri Lanka, p. 52
8 Wijesekara, (2007) Chapter VIII: Law Making, pp 55 – 67
9 See Annexure 5: The Gazette
Gazette
Order Paper
First Reading
PSG
Minister decides 2nd
Reading
After a Minimum of 7 Days After a Minimum of 7 Days
Supreme Court
If Challenged within 7 Days
Maximum of 3 Weeks
Department or Ministry
White Paper
Legal Draftsmen
Article 77 Attorney General
Cabinet
Gazette
Pre Enactment Process – Time Undefined
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Phase 3
The Urgent Bill Process10
The urgent bill process is an expedited version of the normal legislative process which allows for
the government to pass legislation through parliament, normally within one day. Once the bill is
referred to the Supreme Court (SC) to check its constitutionality the SC must respond from 24hrs to
3 days regarding the bill.
The Referendum1112 The referendum allows for the people to be directly involved in voting for or against a specific bill13.
This means that legislative power is directly exercised by the people14. However, there are a
number of provisions which act as parameters for a bill to be referred to a referendum. The
overriding factor in putting a bill to a referendum is the President, who has the discretion to put any
bill rejected by parliament to be passed at a referendum except for Constitutional Amendments.
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Wijesekara, P. (2007) Parliamentary Practice in Sri Lanka, Parliament of Sri Lanka, p 56 11
Ibid, p 64 12
For Constitutional Law see Annexure 8: The Referendum Clause 13
Ibid, p 64 14
Article (4)a of the 1978 Sri Lankan Constitution
Cabinet of Ministers (National Interest)
President
Supreme Court
2nd Reading 3rd Reading Speaker Certificate
Speaker
24 Hours to 3 Days Expedited Process Depends on Government
The Second
Reading
Committee of the Whole
House
Standing
Committees
Certificate of the
Speaker
Usually Immediately or Based on Parliament Business Committee
Third Reading
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Private Members Bills15 Allows for a non office holding representatives to submit a bill on any subject which may be of
general or public interest. In practice, most of these bills have been to on minor issues such as
incorporating religious or social organizations. From 1978 to 2011 no private member bills related
to issues of public interest have passed into law16.
Phase 1
15
Wijesekara (2007) p 64 16
ibid
Private Member Request
Order Paper
First Reading
Secretary General
Government Gazette
After a Minimum 1 Week Unknown
If Bill affects particular person, association or
Corporate Body
Advertisement in Gazette
One Month prior to Private Member Request
Referendum
No Specified Time Limit
2 / 3rds in Parliament
Certificate of the
President Cabinet of Ministers
President
Challenge Result of Referendum in Supreme Court
Supreme Court Decision (Maximum 6 Months)
Bill
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Phase 2
Constitutional Amendments (Broad Procedure)1718
This process is complex compared to other law making procedures19. Depending on the type of
constitutional amendment the Supreme Court, the Cabinet of Ministers, the President, Special or
Simple Majorities in Parliament, referral to Provincial Councils for approval and a Referendum can
all come into play during the constitution amendment process.
Phase 1
17
Wijesekara (2007) pp 59 - 62 18
For Constitutional Law update see Annexure 8: Constitutional Amendments 19
Wijsekara (2007) p. 59 also refer to Chapter XII of the Sri Lankan Constitution for technical details
Minister / Deputy
Minister
Order Paper Cabinet of Ministers Approval
Legal Draftsmen
Unknown
President should refer any bill dealing with Constitutional Chap
XVIIA to Provincial Councils
Gazette
Referred to Relevant Cabinet Minister
Usually referred to Standing /
Select Committee
Cabinet Minister Report
2nd Reading
After a Minimum 1 Week Maximum 6 Months
If Challenged
within 7 Days
Supreme Court
Maximum of 3 Weeks
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Phase 2
Provincial Legislation20
This procedure came into affect due to the 13th Amendment to the Sri Lankan constitution and deals
with law making areas devolved to the provinces and retained by the centre. It deals with the (a)
bills dealing with powers reserved by the centre in which the provinces cannot make any
legislation, (b) bills dealing with powers which are concurrent need to be referred to either the
centre or the provincial councils depending on which tier of government is introducing the bill and
(c) bills dealing with provincial powers which needs to be referred to PC’s before they can go
through the parliamentary process. However, there is a lot of ‘gray’ area in relation to referral here.
List 1: Provincial List
20
Wijesekara, P. (2007) pp 62 – 64
Provincial List
Subjects
Order Paper
Provincial Councils can make Legislation
After a Minimum of 7 Days
Duty of President Gazette Parliament Article 154G(3)
Parliament needs to Refer Subjects in List 1
Every Council Agrees – Simple Majority
One or More Disagrees – 2/3rds Majority
Normal Procedure subject to
by PC
Order Paper Certificate of Speaker
Normal Procedure
2/3rds Majority Simple Majority
Referendum Normal Period
If challenged within 7 Days or 24 to 3 Days Under Constitutional Article 120
Supreme Court
Maximum of 3 Weeks
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List 3: Concurrent
Procedural Gaps Analysis
While there are a number of procedures in relation to law making in the Sri Lankan Parliament
there are a number of areas in which there are serious lapses. These are presented below in point
form followed by a Procedural Gaps Analysis with issues, rationale and problems areas.
Time: Although there are basic 7 Week ‘minimum’ periods in between the Gazette, 1st Reading and 2nd
Reading the passage of bills leave little room for a deliberative process in relation to bill or policy design.
Access: The Law Making process is not conducted in a manner in which the public have sufficient prior
notification on a particular piece of legislation. In particular circumstances, such as in a Urgent Bill process
even opposition members of parliament are not notified in a sufficient manner about a particular piece of
legislation.
Consultation & Design: The pre enactment period of bill design during the Ministerial Stage is the only
formal period in which inclusive inputs into the policy – bill design process can be put forward. However, in
practical terms there have not been visible attempts to get public input into policy design at the Ministerial
level. Formally, the Second Reading and House Committee allows for only the ‘language’ of the bill or the
technical points of the bill to be amended.
Knowledge & Impact: There is a serious deficiency in relation technical expertise and subject expertise in
bill policy and bill design. While it is essential at the pre enactment stage during the Committee stage,
although Standing Committees allow for expert consultation only the technical points of bills are changed.
Concurrent
List Subjects
Views back to PC in 1
Month
Provincial Councils can make Laws
Speaker Discretion – Within 1 Month of More for PC’s to respond
Parliament can make Laws
Standing Order 46 Speaker Directs Secretary General
to Refer Bills to Parliament
Consultation Mechanism
Standing Committee
PC refers Bills to Parliament PC
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Procedural Gaps Analysis (Table)
Issues Rationale Problem Areas
The Pre Enactment
Phase of Legislation
(Government Bills)
[See Diagram]
Policy Solutions are formulated by Ministries, examined
by the Cabinet and presented to Parliament to be
discussed and made into Law.
Lack of information, consultation and transparency in the
methodology of policy design.
Are Bills being drafted by policy formulators qualified in
relevant subject areas to design comprehensive policy.
A lack of broader consultation in policy design at the
Ministerial and Departmental.
Gazette Notification to
2nd Reading Period
Notify the public about the contents and policy
intention of the Bill
Public access to information about upcoming legislation.
1. 2 Week Time Period between Gazette – First Reading and
2nd Reading
2. Public notification of Government legislation through
media is ‘insufficient’.
3. The responsibility of MP’s, ideally as representatives of
the people to notify and consult their constituents about
upcoming legislation.
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Business in Parliament
[Standing Order 19]
Legislative Procedure
Standing Orders 45 to 70
A comprehensive discussion and debating process to
ensure that people’s perspectives, principles and
information are utilized during the parliamentary stage
of law making.
Stages of the parliamentary process of law making is followed
through technically. For important pieces of legislation (i.e
electoral reforms, constitutional amendments etc) there
should be sufficient consideration and sufficient discussion on
a particular piece of legislation whenever it is presented.
For complex pieces of legislation the debating period during
the Second Reading or a Committee of the Whole House may
be insufficient because in practice the debate only lasts for a 4
to 6 hour period during one day.
Second Reading of the
Bill
Standing Orders 50 and
51
To discuss, debate and weigh the principles and merits
of the bill.
Amendments based on the principles of a bill may be
proposed, adopted or rejected during this stage.
There is hardly any time for even the considerable amendments
to be brought in. it is very difficult also to bring the points
raised in the debates at second reading to the committee
stage. It can only be improved by extending the time between
these two stages.
There is also a need for more informed debating and
discussion on the principles of the Bill.
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Committee Stage on
Bills
Standing Orders 52 and
53
Procedure on Bills in
Committee
Standing Orders 54 to 61
Reports of Committees
on Bills
Standing Orders 62 to 65
Committee of the Whole
House
Standing Order 86
Standing Committees
Standing Orders 116 to
120
The purpose here is to examine the details on the Bill
and not its principles.
House Committee & Standing Committee
In depth examination of the provisions of the bill.
Committee of the Whole House
Faster process, does not provide for broader
consultation
Standing Committee
Allows for a closer scrutiny of the Bill and provides for
broader consultation with different interest groups etc
The frequency of using the Whole House for Committee Stage
Debates, especially in relation to Government Bills is higher
than the utilization of Standing Committees.
In practice a Committee of the Whole House proceeds faster
and with less emphasis on broader consultation than the
Standing Committee Process.
Time between 2nd Reading and a Committee of the Whole
House
[See 2nd Reading Section]
Reduced amount of time between 2nd Reading and the
Committee Stage does not allow for enough time for
preparation policy debate.
While Standing Committees provide for wider (interest
groups and experts) consultation, the impact of interest and
expert based input would be limited at this stage because the
Committee Stage only provides for the examination of the
technical details of the bill rather than the principles.
Composition of Standing Committees
The composition of 20 Permanent Members appointed by the
Committee on Selection
15 Co Opted Members made up of 9 MP’s from the
Government and 6 from the Opposition.
In effect the composition of Standing Committees would
always give the government more representation during the
Standing Committee process.
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Urgent Bill Process
Standing Orders 45, 46
and 46A
Allowing Parliament to legislate on issues deemed to be
of National Interest
Urgent Bills are fast tracked into the Second Reading.
The concept of “Urgency” in the form of ‘National Interest’ is
solely decided by the Cabinet of Ministers. The government is
not duty bound to explain the Urgency of the said legislation
Rules & Quality of
Debate
[Standing Orders 78 to
85]
(Relevant 84 & 85)
Ensuring respect as representatives of the people
towards the impact of decisions made during debate in
parliament on issues affecting the people of the country.
The Parliamentary discourse on Legislation and policy
should be conducted in a structured and
comprehensive manner, encapsulating multiple
perspectives and pertinent data, resulting in an
inclusive debating process.
MP’s do not follow the Rules of Debate laid out in Standing
Orders 84 to 85.
A lack of knowledge and a disregard for informed planning
results in MP’s not utilizing parliamentary provisos to
increase qualitative debate
A lack of qualitative and quantitative research input into
parliamentary debate.
Examples – (1) Not knowing provisions to lengthen debate
(2) not reading bills before coming to parliament (3) lack of
research capacity in parliament.
(4) Weak commitment to bringing perspectives of different
stakeholders into the legislative process.
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Annexure 1: The Directive Principles of State Policy according to the
Constitution
The Constitution provides for guidelines to be followed by the Parliament, President and
Cabinet of Ministers during the enactment of legislations under Article 27. These
guidelines are given under Chapter VI and are titled as the Directive Principles of State
Policies and Fundamental Duties. These principles are meant to guide law making and
governance to establish a just and free society.
Under Article 27 (2) the following areas are provided
as areas of focus:
Fundamental Rights and Freedom of all Persons
Promotion of welfare of people and social order
in which justice guides all the institutions of
national life
Adequate standards of living for all citizens
- Adequate food
- Clothing
- Housing
- Living Conditions
- Full enjoyment of leisure
- Social and cultural opportunities
Rapid development through
- Public and private economic activity
- Law prescribing the planning and control for
directing and coordinating the economic
activities
Equal distribution of material resources and
social product
Establishment of a just social order in which the
means of production, distribution and exchange
are dispersed among and owned by all the people
of Sri Lanka
Improve moral and cultural standards of people
full development of human personality
Complete eradication of illiteracy assuring right
to universal and equal access to education at all
levels
Furthermore, the law making process must also take
into account the following concerns provided under
Article 27 (3) to (15):
Safeguarding the independence, sovereignty,
unity and the territorial integrity of Sri Lanka
Strengthening and broadening the Democratic
Structure of government and democratic rights of
people
- by Decentralizing
- by affording opportunities to people to
participate in government and national life
Strengthening national unity by promoting co-
operation and mutual confidence among all
sections of people and eliminating racial,
religious, linguistic and other differences in the
fields of:
- teaching
- education
- information
Equality of opportunities to citizens without any
discrimination on the basis of race, religion,
language, caste, sex, political opinion or
occupation
Elimination of economic and social privilege and
disparity and exploitation
Ensuring that the operation of economic system
not resulting in the concentration of wealth an
means of production
Social security and welfare
Assisting the development of culture and
language
Creating necessary economic and social
environment to enable people of all religious
faiths to make a reality of their religious
principles
Protect and recognize family as basic unit of
society
Special care to children and youth ensuring full
development, physical, mental, moral, religious
and social protect from exploitation
Protect, preserve and improve the environment
for the benefit of the community
Promotion of international peace, security and
co-operation, establishment of just and equitable
international economic and social order and
respect for international law and treaty obligation
among nations
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Article 28 of the Constitution identifies the following
as the fundamental duties cast upon the
parliamentarians along with the others.
Uphold and defend the constitution and the law
Protect national interest and national unity
Work conscientiously in chosen occupation
Preserve and protect public property
Respect rights and freedom of others
Protection and conservation of nature
These directive principles are not legally conferred or imposed rights or obligations on the
President, Parliamentarians and the Cabinet of Ministers. In addition this they cannot be
enforced in any Court or Tribunal.
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Annexure 2: The Law Making Powers of Parliament according to the
Constitution Law making powers in the parliament are defined under Article 75 of the Sri Lankan
Constitution and include:
Making Laws with retrospective effect
Repealing or amending any provisions of the Constitution
Adding any provision to the Constitution
There is a limitation to these powers and the parliament is refrained from making any law:
Suspending the operation of the Constitution or any part thereof
Repealing the Constitution as a whole unless such law also enacts a new constitution
to replace it
Under Article 76 (1) of the constitution, the parliament is not permitted to abdicate or
alienate its legislative powers or setup another authority with any legislative power.
However, based on sub-clause (2) of the above provision, without breaching sub-clause
(1), parliament could make laws in relation to public security with provisions empowering
the President to make emergency regulations in accordance with such law. Hence,
parliament could make any law consisting of any provision empowering any person or
body to make subordinate legislation for prescribed purposes including the following
powers:
To fix a date for any existing law or any part thereof to come into effect or cease to
have effect
To make by order any existing law or any part thereof applicable to any locality or
to any class of persons;
To create a legal person by an order or an act
Any existing laws with such provision will be valid and operative under Article 76 (4). The
Public Security Ordinance under Article 155 shall be deemed to be law enacted by
parliament. Any law made under the Public Service Ordinance over-riding any other law
shall come into existence only by making of a proclamation. A proclamation must be
communicated under the Article 155 (4) of Constitution. Unless and otherwise provided
by the Parliament, (a) the powers, privileges, immunities and rights of the Republic under
Article 166; (b) the rights, duties and obligations of the republic under Article 167 and (c)
past operation of laws, previous acts, offences and pending actions under Article 168 will
continue to prevail in use even after the commencement of Constitution.
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Annexure 3: The President’s Role in Parliamentary Law Making At the beginning of each parliamentary session, the Statement of Government Policy is
made by the president under Article 33(a) of the Constitution. The Executive is supreme
over parliament because under Article 70 Clause (1) from time to time the President may
summon, prorogue or dissolve parliament. However, there are sub clauses which are
constituted as checks and balances on the power of the Executive to do so:
The President cannot dissolve Parliament for one year if a General Election has been
held unless requested to do so by a resolution in the parliament under sub clause (a).
The President cannot dissolve Parliament if the Statement of Government Policy is
rejected in the First Session of Parliament after a General Election.
Subject to sub paragraph (d) the President cannot dissolve parliament after the speaker
has entertained a resolution qualifying with requirements of sub paragraphs (a) and (b)
or paragraph (2) of Article 38. Article 38 allows for a Member of Parliament to submit a
resolution to the speaker alleging that the President is incapable of discharging the
functions of his office based on the sub paragraphs contained in paragraph 2 of Article
38. However, this is subject to a number of sub paragraphs in which:
o Such a resolution is not passed as required by subparagraph (c) of paragraph (2)
in Article 38.
o The Supreme Court determines has not become permanently incapable of
discharging the functions of his office or is not guilty of any other allegations
contained in a resolution against him.
o The removal of the President is not passed as required by sub paragraph (e) of
paragraph (2) of Article 38.
o Parliament by resolution requests the President to dissolve the Parliament.
However, in relation to the Appropriation Bill Sub paragraph (d) states that the
President shall dissolve Parliament if Parliament rejects the Appropriation Bill twice.
Annexure 4: The Role of the Attorney General (Constitution) Under Article 77, the Attorney- General has a duty to examine a particular bill in relation
to whether it complies with the requirements of Article 82 (1) and (2) and whether
certain provisions can only be validly passed by a special majority prescribed by the
Constitution. If the Attorney General is of the opinion that the bill is in contravention with
the above stated requirements, he should convey his opinion to the President under sub-
clause (2) to Article 77. The proviso to this provision states that in the case of an
amendment to the bill in parliament, the Attorney-General can express his opinion to the
Speaker when the bill is ready to be put before parliament for its acceptance.
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Annexure 5: The Gazette The bill has to be published in the gazette in a minimum of seven days prior to being placed
in the Order Paper of Parliament under Article 78 (1). According to Article 78 (2), a bill or
a resolution must be passed by the parliament based on the Constitution and the Standing
orders of the parliament. However, Standing Orders may be suspended by the parliament
in the circumstances and manner prescribed under the Standing orders, especially in
relation to Standing Order 135.
Annexure 7: The Referendum Clause Based on Article 85 in relation to certain laws based on certain technicalities, the approval
of a people’s referendum is required to pass bills into law,
If the Cabinet of Ministers has certified as being intended to be submitted to the
People by a Referendum
If the Supreme Court has determined that a particular bill requires the approval of
the people through a Referendum if the number of votes cast in favor of a bill does
cross the 2/3rds (special majority) that is needed for it to be passed in parliament.
By requirement of Article 85 (2) in which the President has the discretion to submit
any bill that has been rejected by the Parliament to the people for a referendum.
This Bill cannot repeal, amend, add or be inconsistent with the constitution or any
of its provisions.
Through Article 86, but subject to the provisions of Article 85 the President may
submit to the People for Referendum any matter which in the opinion of the
President is of National importance.
After the Referendum with the certification of the President or the Speaker as required by
Article 85 (3) the Bill becomes law after. The validity of such law cannot be inquired into by
any Court or Tribunal under Article 80 (3).
Annexure 8: Amending the Constitution According to Article 82 (1), the Bill amending any provision of the Constitution shall be
placed on an order paper of the parliament only if the provision to be amended or repealed
or altered or added specifically states in the Bill and described in the long title as ‘Act
amending the Constitution.’ In case of a bill repealing the Constitution, the bill must contain
the provisions replacing the earlier provisions and be described in the long title as ‘Act
repealing the Constitution,’ under sub-clause 2. If these requirements are not met with, the
speaker shall stop the bill from proceeding further unless changes are made under sub-
clause 3. The bill amending or repealing the Constitution becomes law under Article 82
(5) only,
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By getting not less than a 2/3rds majority in Parliament
With the Certificate of the President or Speaker
Being endorsed in accordance with the provisions of Article 79 or 80
As per Article 83, the bill amending or inconsistent with Article 1,2,3,6,7,8,9,10,11 or 83
and bill amending or repealing or inconsistent with Article 30 (2) and Article 62 (2) which
extends the term of the president or parliament over to six years shall become law at,
2/3 majority at parliament
Approval by referendum
Certificate endorsed by the president under Article 80
The Bill in contradiction with the provisions of the Constitution may be placed on the order
paper without satisfying sub clauses (1) and (2) of Article 82. When the bill comes with the
condition that it has to be passed by a special majority, then this has to gain special
majority in the parliament under Article 84 (2).