LEGISLATIVE PROCESS IN BANGLADESH By Kazi Arifuzzaman, Deputy Secretary, Legislative and Parliamentary Affairs Division, Ministry of Law, Justice & Parliamentary Affairs, Government of the People’s Republic of Bangladesh

Legislature The Parliament of Bangladesh known as the “House of Nation” is the sovereign law making body (subject to the Constitution) in which the legislative power of the Republic is vested. Parliament can make any law that is not inconsistent with the Constitution or any provision thereof. By an Act of Parliament the power to make subordinate legislation (such as rules, regulations, bye-laws, orders or other instruments) may be delegated to any person or authority further to carry out the object of an Act of Parliament. There are 300 seats in Parliament to be elected directly from single territorial constituencies. In addition to this, there are 50 seats have been allocated to woman members, who shall be elected by other members of Parliament. The Parliament of Bangladesh known as the “House of Nation” is the sovereign law making body (subject to the Constitution) in which the legislative power of the Republic is vested. Parliament can make any law that is not inconsistent with the Constitution or any provision thereof. By an Act of Parliament the power to make subordinate legislation (such as rules, regulations, bye-laws, orders or other instruments) may be delegated to any person or authority further to carry out the object of an Act of Parliament. There are 300 seats in Parliament to be elected directly from single territorial constituencies. In addition to this, there are 50 seats have been allocated to woman members, who shall be elected by other members of Parliament.

Planning of the legislative agenda: Bills are brought on a casual basis as and when found necessary,with the administrative/sponsoring Ministry concerned initiating the process. Government Bills are approved by the cabinet on an individual basis only after proper scrutiny. Under the allocation of business among different Ministries of the Government, specific subject areas are allocated to the appropriate Ministries according to relevance. For example, Civil Procedure Code, Criminal Procedure Code, Criminal Law, Law of Evidence, Law of Limitation etc. are assigned to Ministry of Law, Justice & Parliamentary Affairs, which is deemed to be the administrative Ministry for these matters. The administrative Ministry concerned develops both the policy as well as a legislative proposal, even if the initial draft of the Bill. According to the Rules of Business 1996 and Secretariat Instructions 2008, a Ministry is responsible for the formulation of policies of the Government within its jurisdiction and also require that any legislative proposal shall be initiated at the administrative Ministry to which the law or subject matter is assigned. Inter-ministerial consultation is often done when drafting a Bill. Bills are brought on a casual basis as and when found necessary,with the administrative/sponsoring Ministry concerned initiating the process. Government Bills are approved by the cabinet on an individual basis only after proper scrutiny. Under the allocation of business among different Ministries of the Government, specific subject areas are allocated to the appropriate Ministries according to relevance. For example, Civil Procedure Code, Criminal Procedure Code, Criminal Law, Law of Evidence, Law of Limitation etc. are assigned to Ministry of Law, Justice & Parliamentary Affairs, which is deemed to be the administrative Ministry for these matters. The administrative Ministry concerned develops both the policy as well as a legislative proposal, even if the initial draft of the Bill. According to the Rules of Business 1996 and Secretariat Instructions 2008, a Ministry is responsible for the formulation of policies of the Government within its jurisdiction and also require that any legislative proposal shall be initiated at the administrative Ministry to which the law or subject matter is assigned. Inter-ministerial consultation is often done when drafting a Bill.

Role of the Cabinet Cases involving legislation, including the promulgation of Ordinances, are to be brought before the Cabinet for consideration. No important policy decision shall be taken without Cabinet approval. The administrative Ministry requires to initiate the legislative process by preparing a ‘summary’ for the Cabinet. The ‘summary’ is a concise and clear memorandum which gives the background and relevant fact, it may also include the relevant necessary papers for proper identification of the subject-matter. Legislative proposal involving financial expenditure or abatement of revenue, the views of the Ministry of Finance is required. Where the matter concerns more than one Ministry, ‘the summary’ must contain the recommendations of all Ministries. The preliminary draft bill generally accompanies the ‘summary’ for clear understanding. At least four clear days are normally needed in advance of the Cabinet meeting for a summary to be placed on the agenda. If the entire Cabinet headed by the Prime Minister approves the proposal, then it is considered to constitute a policy approval of the Cabinet. At this point, the administrative/ sponsoring Ministry is authorized to go ahead with the preparation of a final draft of the Bill for final approval of the Cabinet. Cases involving legislation, including the promulgation of Ordinances, are to be brought before the Cabinet for consideration. No important policy decision shall be taken without Cabinet approval. The administrative Ministry requires to initiate the legislative process by preparing a ‘summary’ for the Cabinet. The ‘summary’ is a concise and clear memorandum which gives the background and relevant fact, it may also include the relevant necessary papers for proper identification of the subject-matter. Legislative proposal involving financial expenditure or abatement of revenue, the views of the Ministry of Finance is required. Where the matter concerns more than one Ministry, ‘the summary’ must contain the recommendations of all Ministries. The preliminary draft bill generally accompanies the ‘summary’ for clear understanding. At least four clear days are normally needed in advance of the Cabinet meeting for a summary to be placed on the agenda. If the entire Cabinet headed by the Prime Minister approves the proposal, then it is considered to constitute a policy approval of the Cabinet. At this point, the administrative/ sponsoring Ministry is authorized to go ahead with the preparation of a final draft of the Bill for final approval of the Cabinet.

Role of the Ministry of Law, Justice & Parliamentary Affairs According to Rules of Business 1996, the Ministry of Law, Justice & Parliamentary Affairs shall be consulted on all proposals for legislation. It includes the drafting, scrutiny and examination of Bills, Ordinances, and other statutory orders, rules, regulations, bye-laws, resolutions and notifications. After the Cabinet approves an initial legislative proposal, the administrative/sponsoring Ministry will send the file to the Ministry of Law, Justice & Parliamentary Affairs for preparation of draft Bill or for vetting of the preliminary draft Bill already approved in principle by the Cabinet. The Legislative and Parliamentary Affairs Division of the Ministry of Law & Justice undertake to prepare the Bill. Normally, the administrative/sponsoring Ministry does not have any legal expert or legal service units. The Legislative Drafting Division will examine the proposal of law, including its legality from the constitutional perspective. The Legislative Division is a centralized and specialized legislative drafting service consisting of officials who are members of civil service and are well acquainted with legislative drafting process. The decision of Legislative Division shall prevail in case of conflict of opinion. The Legislative Division would have the final say on legislative, linguistic and drafting points. The Legislative Division may consult with the Attorney-General’s Office on any legal matter. When an acceptable version of the bill is achieved, it is forwarded to the Cabinet for consideration as an official Bill of the Government. Once the Cabinet gives the Bill its final endorsement, the administrative/sponsoring Ministry arranges with the Parliament Secretariat to initiate the parliamentary phase. According to Rules of Business 1996, the Ministry of Law, Justice & Parliamentary Affairs shall be consulted on all proposals for legislation. It includes the drafting, scrutiny and examination of Bills, Ordinances, and other statutory orders, rules, regulations, bye-laws, resolutions and notifications. After the Cabinet approves an initial legislative proposal, the administrative/sponsoring Ministry will send the file to the Ministry of Law, Justice & Parliamentary Affairs for preparation of draft Bill or for vetting of the preliminary draft Bill already approved in principle by the Cabinet. The Legislative and Parliamentary Affairs Division of the Ministry of Law & Justice undertake to prepare the Bill. Normally, the administrative/sponsoring Ministry does not have any legal expert or legal service units. The Legislative Drafting Division will examine the proposal of law, including its legality from the constitutional perspective. The Legislative Division is a centralized and specialized legislative drafting service consisting of officials who are members of civil service and are well acquainted with legislative drafting process. The decision of Legislative Division shall prevail in case of conflict of opinion. The Legislative Division would have the final say on legislative, linguistic and drafting points. The Legislative Division may consult with the Attorney-General’s Office on any legal matter. When an acceptable version of the bill is achieved, it is forwarded to the Cabinet for consideration as an official Bill of the Government. Once the Cabinet gives the Bill its final endorsement, the administrative/sponsoring Ministry arranges with the Parliament Secretariat to initiate the parliamentary phase.

Role of the Parliament One of the essential functions of the Parliament is to debate and enact legislation. The Parliamentary stages are often referred to as first, second and third readings- meaning introduction, consideration and passing, respectively- although the Rules of Procedure of Parliament explicitly does not refer to expressions such as readings. Bills in Parliament may be initiated as Government Bill (by Ministers) or as private members Bill (by members of Parliament other than Ministers). One of the essential functions of the Parliament is to debate and enact legislation. The Parliamentary stages are often referred to as first, second and third readings- meaning introduction, consideration and passing, respectively- although the Rules of Procedure of Parliament explicitly does not refer to expressions such as readings. Bills in Parliament may be initiated as Government Bill (by Ministers) or as private members Bill (by members of Parliament other than Ministers).