PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC...

PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

NINETEENTH AMENDMENT TO THECONSTITUTION

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Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of May 15, 2015

1Nineteenth Amendment to the Constitution

2—PL 008870—3000 (03/2015)

[Certified on 15th May, 2015]

L.D.—O. 20/2015.

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC

SOCIALIST REPUBLIC OF SRI LANKA

Be it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows:-

1. (1) This Act may be cited as the NineteenthAmendment to the Constitution.

(2) The provisions of this Act other than the provisions ofsection 9 (in so far it relates to paragraph (1) of Article 46 ofthe Constitution of the Democratic Socialist Republic of SriLanka) and the provisions of section 15 shall come intoforce on the date on which this Act comes into operation.

(3) The provisions of section 9 (in so far it relates toparagraph (1) of Article 46 of the Constitution of theDemocratic Socialist Republic of Sri Lanka) and theprovisions of sections15, 28, 29 30 and 31 shall come intoforce upon the conclusion of the General Election heldimmediately after the date on which this Act comes intooperation.

2. The Constitution of the Democratic Socialist Republicof Sri Lanka (hereinafter in this Act referred to as the“Constitution”) is hereby amended by the insertionimmediately after Article 14 thereof of the following newArticle :-

14A. (1) Every citizen shall have the right ofaccess to any information as provided for bylaw, being information that is required for theexecise or protection of a citizen’s right heldby:-

(a) the State, a Ministry or any GovernmentDepartment or any statutory body

Short title anddate ofoperation.

Insertion of newArticle 14A inthe Constitutionof theDemocraticSocialistRepublic of SriLanka.“Right of

access toinformation.

Nineteenth Amendment to the Constitution2

established or created by or underany law;

(b) any Ministry of a Minster of theBoard of Ministers of a Province orany Department or any statutory bodyestablished or created by a statute of aProvincial Council;

(c) any local authority; and

(d) any other person, who is in possessionof such information relating to anyinstitution referred to in sub-paragraphs(a) (b) or (c) of this paragraph.”

(2) No restrictions shall be placed on the right declaredand recognized by this Article, other than such restrictionsprescribed by law as are necessary in a democratic society,in the interests of national security, territorial integrityor public safety, for the prevention of disorder or crime,for the protection of health or morals and of the reputationor the rights of others, privacy, prevention of contempt ofcourt, protection of parliamentary privilege, for preventingthe disclosure of information communicated in confidence,or for maintaining the authority and impartiality ofthe judiciary.

(3) In this Article, “citizen” includes a body whetherincorporated or unincorporated, if not less than three-fourthsof the members of such body are citizens.”.

3. Article 30 of the Constitution is hereby repealed andthe following Article substituted therefor:-

30. (1) There shall be a President of theRepublic of Sri Lanka, who is the Head of theState, the Head of the Executive and of theGovernment and the Commander-in-Chief ofthe Armed Forces.

Replacement ofArticle 30 of theConstitution.

“ThePresident ofthe Republic.


(2) The President of the Republic shall beelected by the People and shall hold office fora term of five years.”.

4. Article 31 of the Constitution is hereby amended asfollows:-

(1) by the insertion immediately after paragraph (1) ofthat Article, of the following new paragraph:-

“(2) No person who has been twice electedto the office of President by the People, shall bequalified thereafter to be elected to such office bythe People.”;

(2) in paragraph (3A) of that Article:-

(a) (i) by the substitution in sub-paragraph(a)(i) of that paragraph, for the words“commencement of his current term ofoffice, by Proclamation, declare hisintention”, of the words “commencementof his first term of office, by Proclamation,declare his intention”; and

(ii) by the repeal of the proviso to sub-paragraph (a)(i);

(b) in sub-paragraph (d) of that paragraph, by thesubstitution for the words “for a term of sixyears” wherever those words appear in thatsub-paragraph, of the words “ for a term offive years”.

5. Article 33 of the Constitution is hereby repealed andthe following Article is substituted therefor:-

33. (1) It shall be the duty of the Presidentto—

Amendment ofArticle 31 of theConstitution.

“Duties,powers andfunctions ofthe President.



(a) ensure that the Constitution isrespected and upheld;

(b) promote national reconciliation andintegration;

(c) ensure and facilitate the properfunctioning of the ConstitutionalCouncil and the institutions referredto in Chapter VIIA; and

(d) on the advice of the ElectionCommission, ensure the creation ofproper conditions for the conduct offree and fair elections and referenda.

(2) In addition to the powers, duties andfunctions expressly conferred or imposed on,or assigned to the President by the Constitutionor other written law, the President shall havethe power–

(a) to make the Statement ofGovernment Policy in Parliament atthe commencement of each sessionof Parliament;

(b) to preside at ceremonial sittings ofParliament;

(c) to summon, prorogue and dissolveParliament;

(d) to receive and recognize,and to appoint and accredit,Ambassadors, High Commissioners,Plenipotentiaries and otherdiplomatic agents;


(e) to appoint as President’s Counsel,attorneys- at- law who have reachedeminence in the profession and havemaintained high standards ofconduct and professional rectitude.Every President’s Counselappointed under this paragraph shallbe entitled to all such privileges aswere hitherto enjoyed by Queen’sCounsel;

(f) to keep the Public Seal of theRepublic, and to make and executeunder the Public Seal, the acts ofappointment of the Prime Ministerand other Ministers of the Cabinetof Ministers, the Chief Justice andother judges of the Supreme Court,the President of the Court of Appealand other judges of the Court ofAppeal, and such grants anddispositions of lands and otherimmovable property vested in theRepublic as the President is by lawrequired or empowered to do, and touse the Public Seal for sealing allthings whatsoever that shall pass thatSeal;

(g) to declare war and peace; and

(h) to do all such acts and things, notinconsistent with the provisions ofthe Constitution or written law, asby international law, custom orusage the President is authorized orrequired to do.”.


6. The following Article is hereby inserted immediatelyafter Article 33, and shall have effect as Article 33A of theConstitution:-

33A. The President shall be responsible toParliament for the due exercise, performanceand discharge of his powers, duties andfunctions under the Constitution and anywritten law, including the law for the time beingrelating to public security.”.

7. Article 35 of the Constitution is hereby repealed andthe following Article is substituted therefor:-

35. (1) While any person holds office asPresident of the Republic of Sri Lanka, no civilor criminal proceedings shall be instituted orcontinued against the President in respect ofanything done or omitted to be done by thePresident, either in his official or privatecapacity:

Provided that nothing in this paragraphshall be read and construed as restricting theright of any person to make an applicationunder Article 126 against the Attorney-General,in respect of anything done or omitted to bedone by the President, in his official capacity:

Provided further that the Supreme Courtshall have no jurisdiction to pronounce uponthe exercise of the powers of the Presidentunder Article 33(2)(g).

(2) Where provision is made by law limitingthe time within which proceedings of anydescription may be instituted against anyperson, a period of time during which such

Insertion of newArticle 33A inthe Constitution.


“President toberesponsibletoParliament.

“Immunityof Presidentfrom suit.


person holds the office of President of theRepublic of Sri Lanka shall not be taken intoaccount in calculating any period of timeprescribed by that law.

(3) The immunity conferred by theprovisions of paragraph (1) shall not apply toproceedings in the Supreme Court underparagraph (2) of Article 129 and toproceedings under Article 130 (a) relating tothe election of the President or the validity of areferendum.”.

8. Chapter VIIA of the Constitution is hereby repealedand the following Chapter substituted therefor:-

“CHAPTER VIIA

THE CONSTITUTIONAL COUNCIL

41A. (1) There shall be a ConstitutionalCouncil (in this Chapter referred to as the“Council”) which shall consist of the followingmembers:–

(a) the Prime Minister;

(b) the Speaker;

(c) the Leader of the Opposition inParliament;

(d) one Member of Parliamentappointed by the President;

(e) five persons appointed by thePresident, on the nomination of boththe Prime Minister and the Leaderof the Opposition of whom twopersons shall be Members ofParliament; and

Replacement ofChapter VIIA ofthe Constitution.

Constitutionof theConstitutionalCouncil.


(f) one Member of Parliamentnominated by agreement of themajority of the Members ofParliament belonging to politicalparties or independent groups, otherthan the respective political partiesor independent groups to which thePrime Minister and the Leader of theOpposition belong, and appointedby the President.

(2) The Speaker shall be the Chairman ofthe Council.

(3) It shall be the duty of the Speaker toensure that nominations for appointmentsunder sub-paragraph (e) or sub-paragraph (f) ofparagraph (1) are made, whenever an occasionfor such nominations arises.

(4) In nominating the five persons referredto in sub-paragraph (e) of paragraph (1), thePrime Minister and the Leader of theOpposition shall consult the leaders of politicalparties and independent groups represented inParliament so as to ensure that theConstitutional Council reflects the pluralisticcharacter of Sri Lankan society, includingprofessional and social diversity.

(5) The persons who are not Members ofParliament to be appointed under sub-paragraph (e) of paragraph (1) shall be personsof eminence and integrity who havedistinguished themselves in public orprofessional life and who are not members ofany political party whose nomination shall beapproved by Parliament.


(6) The President shall, within fourteen daysof the receipt of a written communicationspecifying the nominations made under sub-paragraphs (e) and (f) of paragraph (1), make thenecessary appointments. In the event of thePresident failing to make the necessaryappointments within such period of fourteendays, the persons nominated shall be deemed tohave been appointed as members of the Council,with effect from the date of expiry of such period.

(7) (a) On the dissolution of Parliament,notwithstanding the provisions of paragraph(2) of Article 64, the Speaker shall continueto hold office as a member of the Council, until aMember of Parliament is elected to be the Speakerunder paragraph (1) of the aforesaid Article;

(b) Notwithstanding the dissolution ofParliament, the Prime Minister, the Leader ofthe Opposition and the Members of Parliamentwho are members of the Constitutional Council,shall continue to hold office as Members ofsuch Council, until such time after a GeneralElection following such dissolution, a Memberof Parliament is appointed as the Prime Ministeror recognized as the Leader of the Oppositionor such number of Members of Parliament areappointed as Members of the ConstitutionalCouncil under sub-paragraphs (d), (e) and (f) ofparagraph (1), as the case may be.

(8) Every member of the Council appointedunder sub-paragraphs (d), (e) and (f) ofparagraph (1), shall hold office for a period ofthree years from the date of appointment unlessthe member earlier resigns his office by writingaddressed to the President, is removed fromoffice by the President on both the PrimeMinister and the Leader of the Opposition


forming an opinion that such member isphysically or mentally incapacitated and isunable to function further in office or isconvicted by a court of law for any offenceinvolving moral turpitude or if a resolution forthe imposition of civic disability upon himhas been passed in terms of Article 81 of theConstitution or is deemed to have vacated hisoffice under paragraph (7) of Article 41E.

(9) In the event of there being a vacancyamong the members appointed under sub-paragraphs (d), (e) or (f)) of paragraph (1), thePresident shall, within fourteen days of theoccurrence of such vacancy and having regardto the provisions of the aforementioned sub-paragraphs, appoint another person to succeedsuch member. Any person so appointed, shallhold office during the unexpired part of theperiod of office of the member whom hesucceeds.

(10) A member appointed under sub-paragraphs (d), (e) or (f) of paragraph (1), shallnot be eligible for re-appointment.

(11) The appointments made by thePresident under sub-paragraphs (d), (e) and (f)of paragraph (1), shall be communicated to theSpeaker.

41B. (1) No person shall be appointed bythe President as the Chairman or a member ofany of the Commissions specified in theSchedule to this Article, except on arecommendation of the Council.

(2) The provisions of paragraph (1) of thisArticle shall apply in respect of any personappointed to act as the Chairman or as amember of any such Commission.

Council torecommendappointments.


(3) It shall be the duty of the Council torecommend to the President fit and properpersons for appointment as Chairmen ormembers of the Commissions specified in theSchedule to this Article, whenever the occasionfor such appointments arises, and suchrecommendations shall endeavour to ensurethat such recommendations reflect thepluralistic character of Sri Lankan society,including gender. In the case of the Chairmenof such Commissions, the Council shallrecommend three persons for appointment, andthe President shall appoint one of the personsrecommended as Chairman.

(4) The President shall appoint theChairman and the members of the Commissionsspecified in the Schedule to this Article, withinfourteen days of receiving therecommendations of the Council for suchappointments. In the event of the Presidentfailing to make the necessary appointmentswithin such period of fourteen days–

(a) the persons recommended underparagraph (3), to be appointed asmembers of a Commission, shall bedeemed to have been appointed asthe members of the Commissions;and

(b) the person whose name appears firstin the list of names recommendedunder paragraph (3), to be appointedas the Chairman of a Commission,shall be deemed to have beenappointed the Chairman of therespective Commission,

with effect from the date of expiry of suchperiod.


(5) No person appointed under paragraph(1) or a person appointed to act as the Chairmanor a member of any such Commission, shall beremoved except as provided for in theConstitution or in any written law, and wherethere is no such provision, such person shallbe removed by the President only with the priorapproval of the Council.

(6) All the Commissions referred to in theSchedule to this Article, other than the ElectionCommission, shall be responsible andanswerable to Parliament.

SCHEDULE

(a) The Election Commission.

(b) The Public Service Commission.

(c) The National Police Commission.

(d) The Audit Service Commission.

(e) The Human Rights Commission of SriLanka.

(f) The Commission to InvestigateAllegations of Bribery or Corruption.

(g) The Finance Commission.

(h) The Delimitation Commission.

(i) The National Procurement Commission.

41C. (1) No person shall be appointed bythe President to any of the Offices specified inthe Schedule to this Article, unless suchappointment has been approved by theCouncil upon a recommendation made to theCouncil by the President.

Council toapproveappointments.


(2) The provisions of paragraph (1) of thisArticle shall apply in respect of any personappointed to act for a period exceedingfourteen days, in any Office specified in theSchedule to this Article:

Provided that no person shall be appointedto act in any such office for successiveperiods not exceeding fourteen days, unlesssuch acting appointment has been approvedby the Council on a recommendation by thePresident.

(3) No person appointed to any Officespecified in the Schedule to this Article or toact in any such Office, shall be removed fromsuch Office except as provided for in theConstitution or in any law.

(4) In the discharge of its function relatingto the appointment of Judges of the SupremeCourt and the President and Judges of the Courtof Appeal, the Council shall obtain the viewsof the Chief Justice.

SCHEDULE

PART I

(a) The Chief Justice and the Judges of theSupreme Court.

(b) The President and the Judges of the Courtof Appeal.

(c) The Members of the Judicial ServiceCommission, other than the Chairman.


PART II

(a) The Attorney-General.

(b) The Auditor-General.

(c) The Inspector-General of Police.

(d) The Parliamentary Commissioner forAdministration (Ombudsman).

(e) The Secretary-General of Parliament.

41D. (1) There shall be a Secretary-Generalto the Council who shall be appointed bythe Council for a term of five years. Uponthe expiration of his term of office, theSecretary-General shall be eligible forreappointment.

(2) The Council may appoint such officersas it considers necessary for the discharge ofits functions, on such terms and conditions asshall be determined by the Council.

41E. (1) The Council shall meet at least twiceevery month, and as often as may be necessaryto discharge the functions assigned to theCouncil by the provisions of this Chapter orby any law, and such meetings shall besummoned by the Secretary- General to theCouncil on the direction of the Chairman ofthe Council.

(2) The Chairman shall preside at allmeetings of the Council and in the absence ofthe Chairman, the Prime Minister, and in theabsence of the Prime Minister, the Leader ofthe Opposition shall preside at the meetings ofthe Council.

(3) The quorum for any meeting of theCouncil shall be five members.

Meetings ofthe Council.

Secretary-General andother officersof theCouncil.


(4) The Council shall endeavour to makeevery recommendation, approval or decisionit is required to make by unanimous decisionand in the absence of an unanimous decision,no recommendation, approval or decision madeby the Council shall be valid, unless supportedby not less than five members of the Councilpresent at such meeting.

(5) The Chairman or the other memberpresiding shall not have an original vote, butin the event of an equality of votes on anyquestion for decision at any meeting of theCouncil, the Chairman or other memberpresiding at such meeting, shall have a castingvote.

(6) The procedure in regard to meetings ofthe Council and the transaction of business atsuch meetings shall be determined by theCouncil, including procedures to be followedin regard to the recommendation or approvalof persons suitable for any appointment underArticle 41B or Article 41C.

(7) Any member of the Council appointedunder sub-paragraphs (d), (e), or (f) of paragraph(1) of Article 41A, who without obtaining priorleave of the Council absents himself from threeconsecutive meetings of the Council, shall bedeemed to have vacated office with effect fromthe date of the third of such meetings.

(8) The Council shall have the power to actnotwithstanding the fact that it has not beenfully constituted or that there is a vacancy inits membership, and no act, proceeding ordecision of the Council shall be or deemed tobe invalid by reason only of the fact that the


Council has not been fully constituted or thatthere has been a vacancy in its membership orthat there has been any defect in theappointment of a member.

41F. Notwithstanding the expiration of theterm of office of the members of the Council orof the members of any Commission specifiedin the Schedule to Article 41B, the members ofthe Council or of such other Commission shallcontinue in office until the assumption of officeby the new members of the Council or of suchother Commission.

41G. (1) The Council shall, once in everythree months, submit to the President a reportof its activities during the preceding threemonths.

(2) The Council shall perform and dischargesuch other duties and functions as may beimposed or assigned to the Council by theConstitution, or by any other written law.

(3) The Council shall have the power tomake rules relating to the performance anddischarge of its duties and function. All suchrules shall be published in the Gazette and beplaced before Parliament within three monthsof such publication.

41H. The expenses incurred by the Councilshall be charged on the Consolidated Fund.

41I. Subject to the provisions of Article 126,no court shall have the power or jurisdiction toentertain, hear or decide or call in question, onany ground whatsoever, or in any manner

Continuationin office ofthe membersof theCouncil.

Powers andduties of theCouncil.

Expenses tobe chargedon theConsolidatedFund.

Finality ofdecisions ofthe Council.


whatsoever, any decision of the Council or anyapproval or recommendation made by theCouncil, which decision, approval orrecommendation shall be final and conclusivefor all purposes.”.

9. Chapter VIII of the Constitution is hereby repealedand the following Chapter substituted therefor:-

“CHAPTER VIII

THE EXECUTIVE

THE CABINET OF MINISTERS

42. (1) There shall be a Cabinet of Ministerscharged with the direction and control of theGovernment of the Republic.

(2) The Cabinet of Ministers shall becollectively responsible and answerable toParliament.

(3) The President shall be a member of theCabinet of Ministers and shall be the Head ofthe Cabinet of Ministers.

(4) The President shall appoint as PrimeMinister the Member of Parliament, who, inthe President’s opinion, is most likely tocommand the confidence of Parliament.

43. (1) The President shall, in consultationwith the Prime Minister, where he considerssuch consultation to be necessary, determinethe number of Ministers of the Cabinet ofMinisters and the Ministries and theassignment of subjects and functions to suchMinisters.

Replacement ofChapter VIII ofthe Constitution.

PrimeMinister andthe Cabinetof Ministers.

Ministers andtheir subjectsand

functions.


(2) The President shall, on the advice of thePrime Minister, appoint from among Membersof Parliament, Ministers, to be in charge of theMinistries so determined.

(3) The President may at any time changethe assignment of subjects and functions andthe composition of the Cabinet of Ministers.Such changes shall not affect the continuity ofthe Cabinet of Ministers and the continuity ofits responsibility to Parliament.

44. (1) The President may, on the advice ofthe Prime Minister, appoint from amongMembers of Parliament, Ministers who shallnot be members of the Cabinet of Ministers.

(2) The President may, in consultation withthe Prime Minister where he considers suchconsultation to be necessary, determine theassignment of subjects and functions toMinisters appointed under paragraph (1) of thisArticle and the Ministries, if any, which are tobe in charge of, such Ministers.

(3) The President may at any time changeany assignment made under paragraph (2).

(4) Every Minister appointed underparagraph (1) shall be responsible to theCabinet of Ministers and to Parliament.

(5) Any Minister of the Cabinet of Ministersmay, by Notification published in the Gazette,delegate to any Minister who is not a memberof the Cabinet of Ministers, any power or dutypertaining to any subject or function assignedto such cabinet Minister, or any power or dutyconferred or imposed on him by any writtenlaw, and it shall be lawful for such otherMinister to exercise and perform any power or

Ministerswho are notmembers ofthe Cabinetof Ministers.


duty delegated notwithstanding anything tothe contrary in the written law by which thatpower or duty is conferred or imposed on suchMinister of the Cabinet of Ministers.

45. (1)The President may, on the advice ofthe Prime Minister, appoint from amongMembers of Parliament, Deputy Ministers toassist Ministers of the Cabinet of Ministers inthe performance of their duties.

(2) Any Minister of the Cabinet of Ministersmay by Notification published in the Gazette,delegate to his Deputy Minister, any power orduty pertaining to any subject or functionassigned to him or any power or duty conferredor imposed on him by any written law, and itshall be lawful for such Deputy Minister toexercise and perform any power or dutydelegated notwithstanding anything to thecontrary in the written law by which that poweror duty is conferred or imposed on suchMinister.

46. (1) The total number of–

(a) Ministers of the Cabinet of Ministersshall not exceed thirty; and

(b) Ministers who are not members ofthe Cabinet of Ministers and DeputyMinisters shall not, in the aggregate,exceed forty.

(2) The Prime Minister shall continue to holdoffice throughout the period during which theCabinet of Ministers continues to function underthe provisions of the Constitution unless he–

(a) resigns his office by a writing underhis hand addressed to the President;or

Tenure ofoffice of thePrimeMinister, andthe limitationof numbersand tenure ofoffice ofMinisters andDeputyMinisters.

DeputyMinisters.


(b) ceases to be a Member of Parliament.

(3) A Minister of the Cabinet of Ministers,a Minister who is not a member of the Cabinetof Ministers and a Deputy Minister, shallcontinue to hold office throughout the periodduring which the Cabinet of Ministerscontinues to function under the provisions ofthe Constitution unless he–

(a) is removed from office under thehand of the President on the adviceof the Prime Minister;

(b) resigns from office by a writingunder his hand addressed to thePresident; or

(c) ceases to be a Member of Parliament.

(4) Notwithstanding anything contained inparagraph (1) of this Article, where therecognized political party or the independentgroup which obtains highest number of seatsin Parliament forms a National Government,the number of Ministers in the Cabinet ofMinisters, the number of Ministers who are notCabinet of Ministers and the number of DeputyMinisters shall be determined by Parilament.

(5) For the purpose of paragraph (4),National Government means, a Governmentformed by the recognized political party or theindependent group which obtains the highestnumber of seats in Parliament together withthe other recognized political parties or theindependent groups.

47. (1) The Cabinet of Ministers functioningimmediately prior to the dissolution ofParliament shall, notwithstanding suchdissolution, continue to function and shall

Cabinet ofMinistersafterdissolution ofParliament.


cease to function upon the conclusion of theGeneral Election and accordingly, the PrimeMinister and the Ministers of the Cabinet ofMinisters, shall continue to function unless theycease to hold office as provided in sub paragraph(a) of paragraph (2) or sub paragraph (a) or (b)of paragraph (3) of Article 46 and shall complywith the criteria set out by the Commissioner ofElections and shall not cause any undueinfluence on the General Election.

(2) Notwithstanding the death, removalfrom office or resignation of the Prime Minister,during the period intervening between thedissolution of Parliament and the conclusionof the General Election, the Cabinet ofMinisters shall continue to function with theother Ministers of the Cabinet of Ministers asits members, until the conclusion of theGeneral Election. The President may appointone such Minister to exercise, perform anddischarge the powers, duties and functions ofthe Prime Minister.

(3) On the death, removal from office orresignation, during the period interveningbetween the dissolution of Parliament and theconclusion of the General Election, of a Ministerof the Cabinet of Ministers, the President may,on the advice of the Prime Minister, appointany other Minister to be the Minister in chargeof the Ministry of such Minister or to exercise,perform and discharge the powers, duties andfunctions of such Minister.

48. (1) On the Prime Minister ceasing tohold office by death, resignation or otherwise,except during the period intervening betweenthe dissolution of Parliament and theconclusion of the General Election, the Cabinetof Ministers shall, unless the President has in

Dissolutionof theCabinet of

Ministers.


the exercise of his powers under Article 70,dissolved Parliament, stand dissolved and thePresident shall appoint a Prime Minister,Ministers of the Cabinet of Ministers, Ministerswho are not members of the Cabinet ofMinisters and Deputy Ministers in terms ofArticles 42, 43, 44 and 45:

Provided that if after the Prime Minister soceases to hold office, Parliament is dissolved,the Cabinet of Ministers shall continue tofunction with the other Ministers of the Cabinetas its members, until the conclusion of theGeneral Election. The President may appointone such Minister to exercise, perform anddischarge the powers, duties and functions ofthe Prime Minister, and the provisions ofArticle 47 shall, mutatis mutandis, apply.

(2) If Parliament rejects the Statement ofGovernment Policy or the Appropriation Billor passes a vote of no-confidence in theGovernment, the Cabinet of Ministers shallstand dissolved, and the President shall,unless he has in the exercise of his powersunder Article 70, dissolved Parliament, appointa Prime Minister, Ministers of the Cabinet ofMinisters, Ministers who are not members ofthe Cabinet of Ministers and Deputy Ministersin terms of Articles 42, 43, 44 and 45.

49. Whenever a Minister of the Cabinet ofMinisters, a Minister who is not a members ofthe Cabinet of Ministers or a Deputy Ministeris unable to discharge the functions of his office,the President may, on the advice of the PrimeMinister, appoint any Member of Parliament toact in the place of such Minister of the Cabinetof Ministers, Minister who is not a member ofthe Cabinet of Ministers or a Deputy Minister.

ActingMinisters andDeputyMinisters.


50. (1) There shall be a Secretary to theCabinet of Ministers who shall be appointedby the President.

(2) The Secretary shall, subject to thedirection of the President, have charge of theoffice of the Cabinet of Ministers, and shalldischarge and perform such other functions andduties as may be assigned to him by thePresident or the Cabinet of Ministers.

51.(1) There shall be a Secretary to thePrime Minister who shall be appointed by thePresident.

(2) The Secretary shall have charge of theoffice of the Prime Minister and shall performand discharge the duties and functions of hisoffice, subject to the directions of the PrimeMinister.

52. (1) There shall be a Secretary for everyMinistry of a Minister of the Cabinet ofMinisters, who shall be appointed by thePresident.

(2) The Secretary to a Ministry shall,subject to the direction and control of hisMinister, exercise supervision over thedepartments of government and otherinstitutions in charge of the Minister.

(3) The Secretary to a Ministry shall ceaseto hold office upon the dissolution of theCabinet of Ministers under the provisions ofthe Constitution or upon a determination bythe President under Article 43 or 44 whichresults in the Ministry ceasing to exist.

(4) For the purposes of this Article, theoffice of the Secretary to the President, theoffice of the Secretary to the Cabinet of

Secretary tothe PrimeMinister.

Secretary tothe Cabinetof Ministers.

Secretaries toMinistries.


Ministers, the office of the Auditor-General,the office of the Parliamentary Commissionerfor Administration (Ombudsman), the office ofthe Secretary-General of Parliament, theConstitutional Council, and the Commissionsreferred to in the Schedule to Article 41B shallbe deemed not to be departments ofGovernment.

53. Every person appointed to any officereferred to in this Chapter shall not enter uponthe duties of his office until he takes andsubscribes the oath, or makes and subscribesthe affirmation, set out in the Fourth Scheduleand Seventh Schedule.”.


(1) by the repeal of paragraph (1) of that Article, andthe substitution therefor of the followingparagraph:-

“(1) There shall be a Public ServiceCommission (in this Chapter referred to as the“Commission”) which shall consist of ninemembers appointed by the President on therecommendation of the Constitutional Council,of whom not less than three members shall bepersons who have had over fifteen yearsexperience as a public officer. The President onthe recommendation of the ConstitutionalCouncil shall appoint one member as itsChairman.”;


“(4) Every member of the Commission shallhold office for a period of three years from the

Official oathandaffirmation.



date of appointment, unless the member becomessubject to any disqualification under paragraph(2) or earlier resigns from his office by writingaddressed to the President or is removed fromoffice by the President with the approval of theConstitutional Council or is convicted by a courtof law of any offence involving moral turpitudeor if a resolution for the imposition of civicdisability upon the member has been passed interms of Article 81 or is deemed to have vacatedhis office under paragraph (6).”; and


“(7) The President may grant a member leavefrom the performance of his duties relating to theCommission for a period not exceeding twomonths and shall, for the duration of such period,on the recommendation of the ConstitutionalCouncil, appoint a person qualified to be amember of the Commission, to be a temporarymember for the period of such leave.”.

11. Article 56 of the Constitution is hereby amended inparagraph (1) of that Article, by the substitution for the words“as are specified by the Cabinet of Ministers”, of the words“as are specified by the Commission”.

12. Article 57 of the Constitution is hereby amended inparagraph (1) of that Article, by the substitution for the words“as are specified by the Cabinet of Ministers”, of the words“as are specified by the Commission”.

13. Article 61A of the Constitution is hereby amendedby the substitution for the words “Subject to the provisionsof paragraphs (1), (2), (3), (4), and (5) of Article 126”, of thewords “Subject to the provisions of Article 59 and of Article126,”.



Amendment ofArticle 61A ofthe Constitution.


14. Articles 61E and 61F of the Constitution are herebyrepealed and the following Articles substituted therefor:-

61E. (1) The President shall appoint:-

(a) the Heads of the Army, the Navy andthe Air Force;

(b) subject to the approval of theConstitutional Council, theAttorney-General and the Inspector-General of Police,

(2) The holders of the Offices of Attorney-General and the Inspector-General of Policeshall retire from their respective Office, upontheir attaining the age of sixty years.

61F. For the purposes of this Chapter “publicofficer” does not include a member of theArmy, Navy, or Air Force, an officer of theElection Commission appointed by suchCommission, a police officer appointed by theNational Police Commission, a scheduledpublic officer appointed by the Judicial ServiceCommission or a member of the Sri Lanka StateAudit Service appointed by the Audit ServiceCommission.”.

15. Article 62 of the Constitution is hereby amendedby the repeal of paragraph (2) of that Article, and thesubstitution therefor of the following paragraph:-

“(2) Unless Parliament is sooner dissolved,every Parliament shall continue for five yearsfrom the date appointed for its first meeting andno longer, and the expiry of the said period offive years shall operate as a dissolution ofParliament.”.

Replacement ofArticle 61E and61F of theConstitution.


“Appointmentsby thePresident.

Interpretation.




“(1) There shall be a Secretary-General ofParliament who shall, subject to the approval ofthe Constitutional Council, be appointed by thePresident and who shall hold office during goodbehaviour.”; and


“(6) Whenever the Secretary-Generalis unable to discharge the functions of his office,the President may, subject to to the approval ofthe Constitutional Council, appoint a person toact in the place of the Secretary-General.”.


“(1) The President may by Proclamation,summon, prorogue and dissolve Parliament:

Provided that the President shall not dissolveParliament until the expiration of a period of notless than four years and six months from the dateappointed for its first meeting, unless Parliamentrequests the President to do so by a resolutionpassed by not less than two-thirds of the wholenumber of Members (including those not present),voting in its favour .”.





“(1) Every Bill shall be published in the Gazetteat least fourteen days before it is placed on theOrder Paper of Parliament.”.

19. Article 85 of the Constitution is hereby amendedby the repeal of paragraph (2) of that Article.

20. Article 91 of the Constitution is hereby amended insub-paragraph (d) of paragraph (1) of that Article as follows:-

(1) by the substitution for items (v), (va) and (vc) ofthat sub-paragraph, of the following items:-

“(v) a member of the Constitutional Council,referred to in sub-paragraph(e) of paragraph(1) of Article 41A other than any Member ofParliament;

(va) a member of any Commission specified inthe Schedule to Article 41B;

(vb) the Commissioner General of Elections;”;

(2) by the substitution in item (vii) of that sub-paragraph, for the words “a public officer holdingany office”, of the words “a public officer or amember of the Sri Lanka State Audit Serviceholding any office”.

(3) by the substitution in item (viii) of that sub-paragraph, for the words “a public officer holdingany office”, of the words “a public officer or amember of the Sri Lanka State Audit Serviceholding any office”; and

(4) by the addition immediately after item (xii) of thatsub-paragraph, of the following new item:-

“(xiii) a citizen of Sri Lanka who is also a citizenof any other country;”.






(1) in paragraph (a) of that Article, by the substitution,for the words “thirty”, of the words “thirty five”;

(2) by the addition immediately after paragraph (b) ofthat Article, of the following new paragraph:-

“(c) if he has been twice elected to the office ofPresident by the People.”; and

22. Article 103 of the Constitution is hereby amendedas follows:-

(1) by the repeal of paragraph (1) of that Article, andthe substitution of the following paragraphtherefor:-

“(1) There shall be an Election Commission(in this Chapter referred to as the “Commission”)consisting of three members appointed by thePresident on the recommendation of theConstitutional Council, from amongst personswho have distinguished themselves in anyprofession or in the fields of administration oreducation. One of the members so appointed shallbe a retired officer of the Department of Elections,who has held office as a Deputy Commissioner ofElections or above. The President shall on therecommendation of the Constitutional Council,appoint one member as its Chairman.”; and

(2) by the repeal of paragraph (7) of that Article andthe substitution of the following paragraphtherefor:-

“(7) The President may grant a member leavefrom the performance of his duties relating to the


Amendment ofArticle 103 ofthe Constitution.


Commission for a period not exceeding twomonths, and may appoint a person qualified to bea member of the Commission to be a temporarymember for the period of such leave. Every suchappointment shall be made on therecommendation of the Constitutional Council.”.

23. Article 104B of the Constitution is hereby amendedby the repeal of paragraphs (4), (4a) and (5) of that Articleand the substitution of the following paragraphs therefor:-

“(4) (a)The Commission shall have the powerduring the period of an election, to prohibit the useof any movable or immovable property belongingto the State or any public corporation–

(i) for the purpose of promoting orpreventing the election or any candidateof any political party or independentgroup contesting at such election;

(ii) by any candidate or any political partyor any independent group contestingat such election,

by a direction in writing by the Chairman of theCommission or of the Commissioner General ofElections on the instructions of the Commission.

(b) It shall be the duty of every person or officerin whose custody or under whose control suchproperty is for the time being, to comply with, andgive effect to, such direction.

(5) (a) The Commission shall have the power toissue from time to time, in respect of the holding ofany election or the conduct of a Referendum, suchguidelines as the Commission may considerappropriate, to any broadcasting or telecastingoperator or any proprietor or publisher of anewspaper, as the case may be, as the Commissionmay consider necessary to ensure a free and fairelection.

Amendment ofArticle 104B ofthe Constitution.


(b) It shall be the duty of the Chairman of theSri Lanka Broadcasting Corporation, the Chairmanof the Sri Lanka Rupavahini Corporation and theChairman of the Independent Television Networkand the Chief Executive Officer of every otherbroadcasting or telecasting enterprise owned orcontrolled by the State to take all necessary stepsto ensure compliance with such guidelines as areissued to them under sub-paragraph (a).

(c) (i) The Commission shall cause thedirections and guidelines referred to inparagraphs 4(a) and paragraph 5(a) tobe published in at least one newspaperwidely circulated, in the Sinhala, Tamiland English languages.

(ii) Every direction and guideline shall bepublished in the Gazette and shall comeinto operation on the date of suchpublication or on such later date as maybe specified in such direction andguideline.

(iii) Every such direction and guidelineshall, within three months from the dateof publication in the Gazette, be broughtbefore Parliament for approval. Anydirection or guideline which is not soapproved shall be deemed to berescinded as from the date of suchdisapproval, but without prejudice toanything previously done thereunder.

24. Article 104E of the Constitution is hereby amendedby the repeal of paragraph (1) of that Article and thesubstitution of the following paragraph therefor:-

“(1) There shall be a Commissioner Generalof Elections who shall, subject to the approval ofthe Constitutional Council, be appointed by the

Amendment ofArticle 104E ofthe Constitution.


Commission on such terms and conditions as maybe determined by the Commission.”.

25. The following new Article is hereby insertedimmediately after Article 104G and shall have effect as Article104GG of the Constitution:-

104GG. (1) Any public officer, any employeeof any public corporation, business or otherundertaking vested in the Government underany other written law and any companyregistered or deemed to be registered under theCompanies Act, No. 7 of 2007, in which theGovernment or any public corporation or localauthority holds fifty per centum or more of theshares of that company, who–

(a) refuses or fails without a reasonablecause to co-operate with theCommission, to secure theenforcement of any law relating tothe holding of an election or theconduct of a Referendum; or

(b) fails without a reasonable cause tocomply with any directions orguidelines issued by the Commissionunder sub-paragraph (a) of paragraph(4) or sub-paragraph (a) of paragraph(5), respectively, of Article 104B,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingone hundred thousand rupees or toimprisonment for a term not exceeding threeyears or to both such fine and imprisonment.

(2) Every High Court established underArticle 154P of the Constitution shall havejurisdiction to hear and determine any matterreferred to in paragraph (1).”.

Insertion of newArticle 104GG inthe Constitution.

“Failure tocomply withdirections tobe anoffence.


26. Article 107 of the Constitution is hereby amendedby the repeal of paragraph (1) of that Article and thesubstitution of the following paragraph therefor:-

“(1) The Chief Justice, the President of the Court of Appealand every other judge of the Supreme Court and of the Courtof Appeal shall, subject to the approval of the ConstitutionalCouncil, be appointed by the President by warrant under hishand.”.

27. Article 109 of the Constitution is hereby repealedand the following Article substituted therefor:-

109. (1) If the Chief Justice or the Presidentof the Court of Appeal is temporarily unableto exercise, perform and discharge the powers,duties and functions of his office, by reason ofillness, absence from Sri Lanka or any othercause, the President shall, subject to theapproval of the Constitutional Council,appoint another Judge of the Supreme Court,or of the Court of Appeal, as the case may be,to act in the office of Chief Justice, or Presidentof the Court of Appeal, during such period.

(2) If any Judge of the Supreme Court or ofthe Court of Appeal is temporarily unable toexercise, perform and discharge the powers,duties and functions of his office, by reason ofillness, absence from Sri Lanka or any othercause, the President may, subject to the approvalof the Constitutional Council, appoint anotherJudge to act as a Judge of the Supreme Court orCourt of Appeal, during such period.”.

28. Article 111D of the Constitution is hereby repealedand the following Article substituted therefor:-

111D. (1) There shall be a Judicial ServiceCommission (in this Chapter referred to as the“Commission”) consisting of the Chief Justiceand the two most senior Judges of the Supreme


Replacement ofArticle 109 ofthe Constitution.

“Actingappointments.

Amendment ofArticle 111D ofthe Constitution.

”Constitutionof theJudicialServiceCommission.


Court appointed by the President, subject tothe approval of the Constitutional Council.

(2) Where the Chief Justice and the twomost Senior Judges of the Supreme Court areJudges who have not had any judicialexperience serving as a Judge of a Court ofFirst Instance, the Commission shall consist ofthe Chief Justice, the senior most Judge of theSupreme Court and the next most senior Judgeof such Court, who has had experience as aJudge of a Court of First Instance.

(3) The Chief Justice shall be the Chairmanof the Commission.”.

29. Article 111E of the Constitution is hereby amendedby the repeal of paragraphs (5) and (6) of that Article and thesubstitution of the following paragraphs therefor:-

(5) The President may grant to any member of theCommission leave from duties and may appoint subject tothe approval of the Constitutional Council, a personqualified to be a member of the Commission to be a temporarymember for the period of such leave.

(6) The President may, with the approval of theConstitutional Council, and for cause assigned, remove fromoffice any member of the Commission.”.

30. Article 122 of the Constitution is hereby repealed.

31. Article 123 of the Constitution is hereby amendedby the repeal of paragraph (3) of that Article.

32. Article 124 of the Constitution is hereby amendedby the substitution for the words and figures “provided inArticles 120, 121 and 122,”, of the words and figures“provided in Articles 120 and 121”.

Amendment ofArticle 111E ofthe Constitution.

Repeal of Article122 of theConstitution.Amendment ofArticle 123 ofthe Constitution.

Amendment ofArticle 124 ofthe Constitution


33. Article 134 of the Constitution is hereby amendedby the substitution for the figures “121, 122, 125,”, of thefigures “121, 125,”.


(1) by the repeal of paragraph (1) of that Article and thesubstitution of the following paragraph therefor:-

“(1) There shall be an Auditor-General who shallbe a qualified Auditor, and subject to the approvalof the Constitutional Council, be appointed by thePresident and shall hold office during goodbehaviour.”; and

(2) by the repeal of paragraph (4) of that Article, andthe substitution of the following paragraphtherefor:-

“(4) Whenever the Auditor-General is unable todischarge functions of his office, the President may,subject to the approval of the ConstitutionalCouncil, appoint a person to act in the place of theAuditor-General.”

35. The following new Articles are hereby insertedimmediately after Article 153, and shall have effect as Article153A, 153B, 153C, 153D, 153E, 153F, 153G and 153H of theConstitution:-

153A. (1) There shall be an Audit ServiceCommission (in this Chapter referred to as“Commission”), which shall consist of theAuditor-General who shall be the Chairman ofthe Commission, and the following membersappointed by the President on therecommendation of the ConstitutionalCouncil:-

(a) two retired officers of the Auditor-General’s Department, who have



Insertion of newArticles 153A,153B, 153C,153D, 153E,153F, 153G and153H in theConstitution.“Constitution

of the AuditServiceCommission.


held office as a Deputy Auditor-General or above;

(b) a retired judge of the Supreme Court,Court of Appeal or the High Courtof Sri Lanka; and

(c) a retired Class I officer of the SriLanka Administrative Service.

(2) (a) A person appointed as a member ofthe Commission shall hold office for threeyears, unless he,–

(i) earlier resigns from his office, byletter addressed to the President;

(ii) is removed from office as hereinafterprovided; or

(iii) becomes a Member of Parliament ora member of a Provincial Council orany local authority.

(b) A person appointed as a member of theCommission shall be eligible to be appointedfor a further term of office, on therecommendation of the ConstitutionalCouncil.

(3) The President may for cause assignedand with the approval of the ConstitutionalCouncil, remove from office any personappointed as a member of the Commissionunder paragraph (1).

(4) The Chairman and the members of theCommission shall be paid such allowances asare determined by Parliament. Such allowancesshall be charged on the Consolidated Fund and


shall not be diminished during the term ofoffice of the Chairman or members.

(5) The Chairman and the members of theCommission shall be deemed to be publicservants within the meaning and for thepurposes of Chapter IX of the Penal Code.

(6) There shall be a Secretary to theCommission who shall be appointed by theCommission.

153B. (1) The quorum for any meeting ofthe Commission shall be three members of theCommission.

(2) Parliament shall, subject to paragraph(1), provide by law for meetings of theCommission, the establishment of the SriLanka State Audit Service and such othermatters connected with and incidental thereto.

153C. (1) The power of appointment,promotion, transfer, disciplinary control anddismissal of the members belonging to the SriLanka State Audit Service, shall be vested inthe Commission.

(2) The Commission shall also exercise,perform and discharge the following powers,duties and functions:-

(a) make rules pertaining to schemes ofrecruitment, the appointment,transfer, disciplinary control anddismissal of the members belongingto the Sri Lanka State Audit Service,subject to any policy determined bythe Cabinet of Ministers pertainingto the same;

Meeting oftheCommission.

Powers andFunctions oftheCommission.


(b) prepare annual estimates of theNational Audit Office established bylaw; and

(c) exercise, perform and discharge suchother powers, duties and functions asmay be provided for by law.

(3) The Commission shall cause the rulesmade under paragraph (2) to be published inthe Gazette.

(4) Every such rule shall come intooperation on the date of such publication oron such later date as may be specified in suchrules.

(5) Every such rule shall, within threemonths of such publication in the Gazette bebrought before Parliament for approval. Anyrule which is not so approved shall be deemedto be rescinded as from the date of suchdisapproval, but without prejudice to anythingpreviously done therunder.

153D. (1) A person who otherwise than inthe course of his duty, directly or indirectly,by himself or through any other person, inany manner whatsoever, influences orattempts to influence any decision of theCommission, any member thereof or anyofficer of the Sri Lanka State Audit Service,shall be guilty of an offence and shall onconviction be liable to a fine not exceedingone hundred thousand rupees or toimprisonment for a term not exceeding threeyears or to both such fine and imprisonment.

Influencingor attemptingto influencedecision oftheCommissionor anyofficer of theSri LankaState AuditService, to bean offence.


(2) Every High Court established underArticle 154P of the Constitution shall havejurisdiction to hear and determine any matterreferred to in paragraph (1).

153E. Subject to the jurisdiction conferredon the Supreme Court under Article 126 and tothe powers granted to the AdministrativeAppeals Tribunal under Article 153G, no courtor tribunal shall have the power or jurisdictionto inquire into, pronounce upon or in any mannerwhatsoever call in question any order or decisionmade by the Commission, in pursuance of anyfunction assigned on such Commission underthis Chapter or under any law.

153F. The costs and expenses of theCommission shall be a charge on theConsolidated Fund.

153G. Any officer of the Sri Lanka StateAudit Service who is aggrieved by any orderrelating to the appointment, promotion ortransfer of such officer or any order on adisciplinary matter or dismissal made by theCommission, in respect of such officer, mayappeal therefrom to the AdministrativeAppeals Tribunal established under Article 59,which shall have the power to alter, vary,rescind or confirm any order or decision madeby the Commission.

153H. The Commission shall be responsibleand answerable to Parliament in accordancewith the provisions of the Standing Orders ofParliament for the discharge of its functionsand shall forward to Parliament in eachcalendar year a report of its activities in suchyear.”.

Immunityfrom legalproceedings.

Costs andexpenses.

Appeals totheAdministrativeAppealsTribunal.

Commissionto beanswerable toParliament.




“(1) The Auditor-General shall audit allDepartments of the Government, the Office of theSecretary to the President, the Office of theSecretary to the Prime Minister, the Offices of theCabinet of Ministers, the Judicial ServicesCommission, the Constitutional Council, theCommissions referred to in the Schedule to Article41B, the Parliamentary Commissioner forAdministration, the Secretary-General of Parliament,local authorities, public corporations, business andother undertakings vested in the Government underany written law and companies registered ordeemed to be registered under the Companies Act,No. 7 of 2007 in which the Government or a publiccorporation or local authority holds fifty per centumor more of the shares of that company including theaccounts thereof.”;

(2) in paragraph (2) of that Article, by the substitutionfor the words “such public corporation or businessor other undertaking”, wherever those words appearin that paragraph, of the words “such publiccorporation, business or other undertaking or acompany referred to in paragraph (1)”;

(3) in sub-paragraph (b) of paragraph (5) of that Article,by the substitution for the words “any publiccorporation, or business or other undertaking”,wherever those words appear in that paragraph, ofthe words “any public corporation, business orother undertaking or a company referred to inparagraph (1)”; and

Amendment ofArticle 154 oftheConstitution.


(4) by the insertion immediately after paragraph (8) ofthat Article, of the following new paragraph:–

“(9) The provisions of sub-paragraph (a) ofparagraph (8) shall apply to the Auditor-Generalappointed under Article 153(1).”.

37. Article 154R of the Constitution is hereby amendedin paragraph (1) of that Article, by the repeal of sub-paragraph(c) of that paragraph, and the substitution of the followingparagraph therefor:-

“(c) three other members appointed by the Presidenton the recommendation of the Constitutional Council,to represent the three major communities, each of whomshall be a person who has distinguished himself or heldhigh office, in the field of finance, law, administration,business or learning”.

38. Article 155A of the Constitution is hereby amendedas follows:-


“(1) There shall be a National PoliceCommission (in this Chapter referred to as the“Commission”) consisting of seven membersappointed by the President on the recommendationof the Constitutional Council, of whom at least onemember shall be a retired police officer who hasheld office as a Deputy Inspector-General of Policeor above. The Constitutional Council may inmaking its recommendation, consult the PublicService Commission. The President shall on therecommendation of the Constitutional Councilappoint one member as the Chairman.”: and

Amendment ofArticle 154R oftheConstitution.

Amendment ofArticle 155A oftheConstitution.



“(4) Every member of the Commission shallhold office for a period of three years from the dateof appointment, unless such member becomessubject to any disqualification under paragraph (2)or earlier resigns from office by writing addressedto the President or is removed from office by thePresident for reasons assigned and with the approvalof the Constitutional Council or is convicted by aCourt of law of any offence involving moralturpitude or if a resolution for the imposition ofcivic disability upon such member has been passedin terms of Article 81 or is deemed to have vacatedhis office under paragraph (6) of this Article.”.

39. Article 155B of the Constitution is hereby amendedby the addition at the end of that Article, of the followingnew paragraph:-

“(5) The Inspector-General of Police shall be entitledto be present at meetings of the Commission, except whereany matter relating to him is being considered. He shallhave no right to vote at such meetings.”.

40. Article 155C of the Constitution is hereby amendedin paragraph (1) of that Article, by the substitution for thewords “under paragraph (1) of Article 126,”, of the words“under Article 126 and the powers granted to theAdministrative Appeals Tribunal under Article 155L,”.

41. Article 155F of the Constitution is hereby amendedin paragraph (1) of that Article by the substitution for thewords “any decision of the Commission or a Committee, orto so influence any member of the Commission orCommittee,”, of the words “any decision of the Commissionor a Committee or any police officer to whom the Commission

Amendment ofArticle 155B oftheConstitution.

Amendment ofArticle 155C oftheConstitution.

Amendment ofArticle 155F oftheConstitution.


has delegated any power under this Chapter or to so influenceany member of the Commission or a Committee or anypolice officer to whom any power has been delegated”.

42. Article 155FF of the Constitution is herebyrepealed.

43. The following Articles are hereby insertedimmediately after Article 155FFF and shall have the effect asArticles, 155G, 155H, 155J, 155K and 155L respectively, ofthe Constitution:-

155G. (1) (a) The appointment, promotiontransfer, disciplinary control and dismissal ofpolice officers other than the Inspector-Generalof Police, shall be vested in the Commission.The Commission shall exercise its powers ofpromotion, transfer, disciplinary control anddismissal in consultation with the Inspector-General of Police.

(b) The Commission shall not in theexercise of its powers under this Article,derogate from the powers and functionsassigned to the Provincial Police ServiceCommissions as and when such Commissionsare established under Chapter XVlIA of theConstitution.

(2) The Commission shall establishprocedures to entertain and investigate publiccomplaints and complaints of any aggrievedperson made against a police officer or thepolice service, and provide redress as providedby law. In the event of the Commissionproviding redress, the Commission shallforthwith inform the Inspector-General ofPolice.

Repeal of Article155FF of theConstitution.

Insertion of newArticles 155G,155H, 155J,155K and 155L

of theConstitution.

“Powers oftheCommission.


(3) The Commission shall, in consultationwith the Inspector-General of Police, providefor and determine all matters regarding policeofficers, including:-

(a) the formulation of schemes ofrecruitment, promotion and transfers,subject to any policy determined by theCabinet of Ministers pertaining to thesame;

(b) training and the improvement of theefficiency and independence of thepolice service;

(c) the nature and type of the arms,ammunition and other equipmentnecessary for the use of the NationalDivision and the Provincial Divisions;and

(d) codes of conduct and disciplinaryprocedures.

(4) The Commission shall exercise allsuch powers and discharge and perform all suchfunctions and duties as are vested in it underAppendix I of List I contained in the NinthSchedule to the Constitution.

155H. (1) The Commission may delegateto a Committee of the Commission (notconsisting of members of the Commission) asshall be nominated by the Commission, thepowers of appointment, promotion, transfer,disciplinary control and dismissal of suchcategories of police officers as are specified bythe Commission.

Delegation ofcertainpowers of theCommissionto aCommittee.


(2) The Commission shall cause to bepublished in the Gazette, the appointment ofany such Committee.

(3) The procedure and quorum for meetingsof a Committee nominated under paragraph(1) shall be according to rules made by theCommission. The Commission shall cause suchrules to be published in the Gazette.

155J. (1) The Commission may, subject tosuch conditions and procedures as may beprescribed by the Commission, delegate to theInspector-General of Police or in consultationwith the Inspector-General of Police to anyPolice Officer, its powers of appointment,promotion, transfer, disciplinary control anddismissal of any category of police officers.

(2) The Commission shall cause any suchdelegation to be published in the Gazette.

155K. (1)Where the Commission hasdelegated under Article 155J to any policeofficer its powers of appointment, promotion,transfer, disciplinary control and dismissal ofany category of police officers, the Inspector-General of Police shall have a right of appealto the Commission against any order made bysuch Police officer in the exercise of hisdelegated powers.

(2) A police officer aggrieved by any orderrelating to promotion, transfer or any order ona disciplinary matter or dismissal made by theInspector-General of Police or a Committee ora Police Officer referred to in Article 155H and155J in respect of such officer may, appeal tothe Commission against such order in

Delegation ofcertainfunctions bytheCommission.

Right ofAppeal.


accordance with rules made by the Commissionfrom time to time regulating the procedure andthe period fixed for the making and hearing ofan appeal by the Commission.

(3) The Commission shall have the powerto alter, vary, rescind or confirm such orderupon an appeal made under paragraph (1) orparagraph (2), or to give directions in relationthereto or to order such further or other inquiry,as to the Commission shall deem fit.

(4) The Commission shall from time to timecause to be published in the Gazette, rules madeby it under paragraph (2) of this Article.

(5) Upon any delegation of its powers to theInspector-General of Police or a Committee orpolice officer under Article 155H and 155J, theCommission shall not, whilst such delegationis in force, exercise, perform or discharge itspowers, duties or functions in respect of thecategories of police officers in respect of whichsuch delegation is made, subject to the right ofappeal hereinbefore provided.

155L. Any police officer aggrieved by anyorder relating to promotion, transfer, or anyorder on a disciplinary matter or dismissal madeby the Commission, in respect of such officer,may appeal therefrom to the AdministrativeAppeals Tribunal established under Article 59,which shall have the power to alter, vary,rescind or confirm any order or decision madeby the Commission.”.

Appeals toAdministrativeAppealsTribunal.


44. Article 155M is hereby repealed and the followingArticle substituted therefor:-

155M. Until the Commission otherwiseprovides, all rules, regulations and proceduresrelating to the Police Force as are in force onthe date of the coming into operation of thisArticle, shall continue to be operative and inforce.”.



“(2) The Parliamentary Commissioner forAdministration (Ombudsman) shall, subject to theapproval of the Constitutional Council, beappointed by the President and shall hold officeduring good behaviour.”; and


“(5) Whenever the ParliamentaryCommissioner for Administration is unable toperform or discharge the duties and functions of hisoffice, the President shall, subject to the approvalof the Constitutional Council, appoint a person toact in his place.”.

46. The following new Chapters are hereby insertedimmediately after Chapter XIX and shall have effect asChapters XIXA and XIXB respectively, of the Constitution:-

Replacement ofArticle 155M oftheConstitution.


Insertion of newChapter XIXAand XIXB in theConstitution.

“Saving ofexisting rulesandregulations.


“CHAPTER XIXA

COMMISSION TO INVESTIGATE ALLEGATIONSOF BRIBERY OR CORRUPTION

156A. (1) Parliament shall by lawprovide for the establishment of a Commissionto investigate allegations of bribery orcorruption. Such law shall provide for–

(a) the appointment of the members of theCommission by the President on therecommendation of the ConstitutionalCouncil;

(b) the powers of the Commission,including the power to direct theholding of a preliminary inquiry or themaking of an investigation into anallegation of bribery or corruption,whether of its own motion or on acomplaint made to it, and the power toinstitute prosecutions for offencesunder the law in force relating tobribery or corruption;

(c) measures to implement the UnitedNations Convention AgainstCorruption and any other internationalConvention relating to the preventionof corruption, to which Sri Lanka is aparty.

(2) Until Parliament so provides, theCommission to investigate Allegations ofBribery or Corruption Act, No. 19 of 1994shall apply, subject to the modification that it

Commissiont oInvestigateBribery orCorruption.


shall be lawful for the Commission appointedunder that Act, to inquire into, or investigate,an allegation of bribery or corruption, whetheron its own motion or on a written complaintmade to it.

CHAPTER XIX B

NATIONAL PROCUREMENT COMMISSION

156B. (1) There shall be a NationalProcurement Commission (in this Chapterreferred to as the “Commission”) consisting offive members appointed by the President onthe recommendation of the ConstitutionalCouncil, of whom at least three members shallbe persons who have had proven experience inprocurement, accountancy, law or publicadministration. The President shall, on therecommendation of the ConstitutionalCouncil, appoint one member as the Chairmanof the Commission.

(2) Every member of the Commission shallhold office for a period of three years from thedate of appointment, unless such memberearlier resigns from office by a writing addressedto the President or is removed from office bythe President for causes assigned with theapproval of the Constitutional Council or isconvicted by a court of law for an offenceinvolving moral turpitude or is elected as amember of Parliament or as a member of aProvincial Council or of a local authority or ifa resolution for the imposition of a civicdisability on him is passed in terms of Article81.

NationalProcurementCommission.


(3) The Chairman and every member of theCommission shall be paid such allowances asmay be determined by a resolution ofParliament. Such allowances shall be chargedon the Consolidated Fund and shall not bediminished during the term of office of suchChairman or the member.

156C. (1) It shall be the function of theCommission to formulate fair, equitable,transparent, competitive and cost effectiveprocedures and guidelines, for the procurementof goods and services,works, consultancyservices and information systems bygovernment institutions and cause suchguidelines to be published in the Gazette andwithin three months of such publication, to beplaced before Parliament.

(2) Without prejudice to the generality ofparagraph (1), it shall be the function of theCommission to,–

(a) monitor and report to the appropriateauthorities, on whether allprocurement of goods and services,works, consultancy services andinformation systems by governmentinstitutions are based on procurementplans prepared in accordance withpreviously approved action plans;

(b) monitor and report to the appropriateauthorities on whether all qualifiedbidders for the provision of goods andservices, works, consultancy servicesand information systems bygovernment institutions are affordedan equal opportunity to participate in

Functions oftheCommission.


the bidding process for the provisionof those goods and services, works,consultancy services and informationsystems;

(c) monitor and report to the appropriateauthorities on whether the proceduresfor the selection of contractors, andthe awarding of contracts forthe provision of goods andservices, works, consultancy servicesand information systems togovernment institutions, are fair andtransparent;

(d) report on whether members ofprocurement Committees andTechnical Evaluation Committeesrelating to the procurements,appointed by government institutionsare suitably qualified; and

(e) investigate reports of procurementsmade by government institutionsoutside established procedures andguidelines, and to report the officersresponsible for such procurements tothe relevant authorities for necessaryaction.

156D. (1) The Commission may, byNotice in writing, require any person to,–

(a) attend before the Commission, to bequestioned by the Commission;

(b) produce to the Commission, anydocument or thing in the possessionor control of that person and specifiedin such Notice.

Powers oftheCommission.


(2) Every person who–

(a) fails, without reasonable cause toappear before the Commission whenrequired to do so by a Notice sent tohim under paragraph (1);

(b) appears before the Commission incompliance with such a Notice, butrefuses without reasonable cause, toanswer any questions put to him bythe Commission; or

(c) fails or refuses, without reasonablecause, to produce any document orthing which he was required toproduce by a Notice sent to him underparagraph (1),

shall be guilty of an offence and shallon conviction be liable to a fine notexceeding one hundred thousand rupees orto imprisonment for a term not exceeding sevenyears, or to both such fine and imprisonment.

(3) Every High Court established underArticle 154P of the Constitution shall havejurisdiction to hear and determine any matterreferred to in paragraph (2).

156E. (1) The Commission shall meet asoften as may be necessary for the discharge ofits functions.

(2) The Chairman shall preside at allmeetings of the Commission. In the absence ofthe Chairman from any meeting of theCommission, the members present shall electa Chairman for that meeting, from amongthemselves.

Meetings oftheCommission.


(3) The quorum for any meeting of theCommission shall be three.

(4) Decisions of the Commission shall beby the majority vote of the members presentand voting at the meeting at which the decisionis taken, and in the event of an equality ofvotes, the Chairman or member presiding atthe meeting shall have a casting vote.

(5) Subject to the preceding provisions ofthis Article, the Commission may determinethe procedure with regard to its meetings andthe transaction of business at such meetings.

(6) The Commission shall have the powerto act notwithstanding any vacancy in themembership of the Commission, and no act,proceeding or decision of the Commission shallbe invalid or deemed to be invalid, by reasononly of such vacancy or defect in theappointment of a member.

156F. (1) the Commission shall appoint aSecretary-General and such other officers as itmay consider necessary for the properdischarge of its functions, on such terms andconditions as may be determined by theCommission.

(2) All members and officers of theCommission shall be deemed to be publicservants within the meaning, and for thepurposes of, Chapter IX of the Penal Code.

(3) No suit, prosecution or other proceedingshall lie against any member or officer of theCommission for any act or thing which in goodfaith is done or purported to be done by him inthe performance of his duties or the dischargeof his functions, under the Constitution.

Staff of theCommission.


156G. The expenses of the Commissionshall be charged on the Consolidated Fund.

156H. In this Chapter, “governmentinstitution” includes a Ministry, a governmentdepartment, a public corporation, a localauthority, any business or other undertakingvested in the Government and a Companyregistered or deemed to be registered under theCompanies Act, No 7 of 2007, in which theGovernment, a public corporation or any localauthority holds more than fifty per centum ofthe shares.”.

47. Article 170 of the Constitution is hereby amendedby the repeal of the definition of “public officer” and thesubstitution of the following definition therefor:-

“public officer” means a person who holds any paid officeunder the Republic other than a judicial officer, butdoes not include –

(a) the President;

(b) the Prime Minister;

(c) the Speaker;

(d) a Minister;

(e) a Deputy Minister;

(f) a Member of Parliament;

(g) a member of the Constitutional Council;

(h) a member of the Judicial ServiceCommission;

Interpretation.

Expenses oftheCommissionto be chargedon theConsolidationFund.



(i) a member of the Public Service Commission;

(j) a member of the Election Commission;

(k) a member of the National Police Commission;

(l) a member of the Audit Service Commission;

(m) a member of the Human Rights Commissionof Sri Lanka;

(n) a member of the Commission to InvestigateAllegations of Bribery or Corruption;

(o) a member of the Finance Commission;

(p) a member of the Delimitation Commission;

(q) a member of the National ProcurementCommission;

(r) the Secretary-General of Parliament;

(s) a member of the staff of the Secretary-Generalof Parliament;

(t) a member of the University GrantsCommission;

(u) a member of the Official LanguagesCommision; and

(v) the Auditor-General.

48. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shallprevail.

Sinhala text toprevail in theevent of aninconsistency.


49. (1) For the avoidance of doubt it is hereby declaredthat,–

(a) the Seventh Parliament in existence on the daypreceding the date on which this Act comes intooperation, shall, unless dissolved earlier, continueto function until April 21, 2016 and shall thereafterstand dissolved;

(b) the persons holding office respectively, as thePresident and Prime Minister on the day precedingApril 22, 2015 shall continue to hold such officeafter such date, subject to the provisions of theConstitution as amended by this Act; and

(c) every person holding office on the day precedingthe date on which this Act comes into operation, as,–

(i) the Chief Justice;

(ii) Judges of the Supreme Court;

(iii) the members of the Judicial ServiceCommission;

(iv) the President of the Court of Appeal;

(v) Judges of the Court of Appeal;

(vi) the Attorney-General;

(vii) the Auditor-General;

(viii) the Inspector-General of Police;

(ix) the Parliamentary Commissioner forAdministration (Ombudsman);

(x) the Secretary-General of Parliament;

TransitionalProvisions.


(xi) a judge of the High Court; or

(xii) a judicial officer, a scheduled publicofficer, public officer or a police officer,

shall continue to hold such office and shall, subjectto paragraph (3) of Article 41C, continue to exercise,perform and discharge the powers, duties andfunctions of that office, under the same terms andconditions.

(2) Every person holding office on the day preceding thedate on which this Act comes into operation, as the Chairmanor a member of the,–

(a) Parliamentary Council;

(b) Public Service Commission;

(c) National Police Commission;

(d) Human Rights Commission of Sri Lanka;

(e) Commission to Investigate Allegations of Briberyor Corruption; or

(f) Finance Commission,

shall cease to hold such office with effect from the dateon which this Act comes into operation:

Provided that a person holding office on the daypreceding the date on which this Act comes into operationas a Chairman or a member of any such Commissionreferred to above may continue to exercise and dischargepowers and functions of their respective offices until suchdate on which the respective Commissions are constitutedin accordance with Chapter VIIA of the Constitution.


(3) (a) The person holding office as the Commissioner ofElections on the day preceding the date on which this Actcomes into operation, shall continue to exercise anddischarge the powers and functions of the office of theCommissioner of Elections as were vested in him on suchdate and of the Election Commission, until an ElectionCommission is constituted in terms of Article 103, and shallfrom and after the date on which the Election Commission isso constituted, cease to hold office as the Commissioner ofElections.

(b) All suits, actions and other legal proceedings institutedby or against the Commissioner of Elections and pendingon the day preceding the date on which the ElectionCommission is constituted under Article 103, shall be deemedwith effect from the date on which the Election Commissionis constituted, to be suits, actions and other legal proceedingsinstituted by or against the Election Commission, and shallbe continued and completed in the name of the ElectionCommission.

(c) Any decision or order made or any ruling given by theCommissioner of Elections under any written law prior tothe date on which the Election Commission is constitutedunder Article 103, shall be deemed, with effect from the dateon which the Election Commission is constituted, to be adecision or order made or a ruling given, by the ElectionCommission, and may be enforcement accordingly.

(d) Upon the constitution of the Election Commissionunder Article 103, unless the context otherwise requires,there shall be substituted for the expressions “Commissionerof Elections” and “Department of the CommissionerElections” wherever those expressions occur in theConstitution and in any written law or in any contract,agreement or other document, of the expression “ElectionCommission”.


(4) All matters relating to,–

(a) the appointment, promotion, transfer, disciplinarycontrol and dismissal of police officers; and

(b) appeals by police officers to the Public ServiceCommission,

pending before the Public Service Commission on theday preceding the date of on which this Act comes intooperation shall, with effect from that date, stand transferredto the National Police Commission established by Article155A and shall be determined by the National PoliceCommission accordingly.

(5) All matters relating to the appointment, promotion,transfer, disciplinary control and dismissal of members ofthe Sri Lanka State Audit Service and pending before thePublic Service Commission on the day preceding the dateof on which this Act comes into operation shall, with effectfrom that date, stand transferred to the Audit ServiceCommission established by Article 153A and shall bedetermined by the Audit Service Commission accordingly.

50. During the period commencing on the date onwhich this Act comes into operation (other than theprovisions of section 9, in so far as it relates to paragraph (1)of Article 46 and the provisions of sections 15, 28, 29, 30and 31) and ending on the date on which the next GeneralElection of the Members of Parliament is concluded,:-

(a) the President may, with the concurrence of the PrimeMinister, assign to himself any subject or functionand may, with like concurrence, determine theMinistries to be in his charge.

Specialprovisionsrelating to theperiodcommencing onthe date onwhich certainArticles comesinto force.


President inoffice to be incharge of certainsubjects andfunctions.

(b) the Cabinet of Ministers functioning immediatelyprior to the dissolution of the Seventh Parliamentshall, notwithstanding such dissolution, continueto function and shall cease to function upon theconclusion of the General Election and accordingly,the Prime Minister, Ministers of the Cabinet ofMinisters, Ministers who are not members of theCabinet of Ministers and Deputy Ministers shallcontinue to function until the conclusion of theGeneral Election unless they cease to hold office asporvided in sub-paragraph (a) of paragraph (2) ofArticle 46 or sub-paragraph (a) or (b) of paragraph(3) of Article 46.

51. Notwithstanding anything to the contrary in theConstitution, the person holding office as President on thedate of commencement of this Act, so long as he holds theOffice of President may assign to himself the subjects andfunctions of Defence, Mahaweli Development andEnvironment and determine the Ministries to be in his chargefor that purpose and accordingly, any reference in any writtenlaw to the Minister to whom such subject or function isassigned, shall be read and construed as a reference to thePresident.


Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15thDecember each year in respect of the year following.

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