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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.

10

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


Reports of Committees

on Bills


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.

18

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,

19

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).

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