SVASTI - Sri Lanka · CONSTITUTION OF THE REPUBLIC [Cap. 1 CHAPTER 1 THE CONSTITUTION OF THE...

CONSTITUTION OF THE REPUBLIC [Cap. 1

CHAPTER 1

THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST

REPUBLIC OF SRI LANKA

SVASTI

The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and granted on the Thesixth day of the waxing moon in the month of Adhi Nikim in the year two thousand five Constitution, hundred and twenty-one of the Buddhist Era (being Thursday the twenty-first day of the 1stmonth of July in the year one thousand nine hundred and seventy-seven), entrusted to and Amendment,empowered their Representatives elected on that day to draft, adopt and operate a new 2ndRepublican Constitution in order to achieve the goals of a DEMOCRATIC SOCIALIST Amendment.REPUBLIC, and having solemnly resolved by the grant of such Mandate and the confidencereposed in their said Representatives who were elected by an overwhelming majority, toconstitute SRI LANKA into a DEMOCRATIC SOCIALIST REPUBLIC, whilst ratifyingthe immutable republican principles of REPRESENTATIVE DEMOCRACY, and assuringto all peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTSand the INDEPENDENCE OF THE JUDICIARY a the intangible heritage thatguarantees the dignity and well being of succeeding generations of the People of SRI LANKA.and of all the people of the World, who come to share with those generations the effort ofworking for the creation and preservation of a JUST AND FREE SOCIETY:

WE, THE FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OF SRILANKA, in pursuance of such Mandate, humbly acknowledging our obligations to our Peopleand gratefully remembering their heroic and unremitting struggle to regain and preserve theirrights and privileges so that the Dignity and Freedom of the Individual may be assured, Just,Social, Economic and Cultural Order attained, the Unity of the Country restored, and

Concord established with other Nations, do hereby adopt and enact

this

CONSTITUTION

as the

SUPREME LAW

of the

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Cap.1] CONSTITUTION OF THE REPUBLIC

The State.

Unitary State.

Sovereignty ofthe People.

Exercise ofSovereignty.

[7th September. 1978.]

CHAPTER ITHE PEOPLE, THE STATE AND

SOVEREIGNTY

1. Sri Lanka (Ceylon) is a Free,Sovereign, Independent and DemocraticSocialist Republic and shall be known as theDemocratic Socialist Republic of Sri Lanka.

2. The Republic of Sri Lanka is aUnitary State.

3. In the Republ ic of Sri Lankasovereignty is in the People and is inalienable.Sovereignty includes the powers ofgovernment, fundamental rights and thefranchise.

4. The Sovereignty of the People shall beexercised and enjoyed in the followingmanner :-

(a) the legislative power of the Peopleshall be exercised by Parliament,consisting of elected representativesof the People and by the People at aReferendum;

(b) the executive power of the People,including the defence of Sri Lanka,shall be exercised by the Presidentof the Republic elected by thePeople;

(c) the judicial power of the People shallbe exercised by Parliament throughcourts, tribunals and institutionscreated and es tabl ished, orrecognized, by the Constitution, orcreated and established by law,except in regard to matters relatingto the privileges, immunities andpowers of Parliament and of its

Members wherein the judicialpower of the People may beexercised directly by Parliamentaccording to law;

(d) the fundamental rights which are bythe C o n s t i t u t i o n declared andrecognized shall be respected,

secured and advanced by all theorgans of government, and shall notbe abridged, restricted or denied,save in the manner and to the extenthereinafter provided; and

(e) the franchise shall be exercisable at theelection of the President of theRepublic and of the Members ofPar l iament , and at everyReferendum by every citizen whohas attained the age of eighteenyears, and who, being qualified to bean elector as hereinafter provided,has his name entered in the registerof electors.

5. The territory of the Republic of Sri Territory of theLanka shall consist of the twenty- four Republic.administrative districts, the names of whichare set out in the First Schedule, and itsterritorial waters.

6. The National Flag of the Republic of The NationalSri Lanka shall be the Lion Flag depicted in Flag.the Second Schedule.

7. The National Anthem of the Republic The Nationalof Sri Lanka shall be "Sri Lanka Matha ", Anthem.the words and music of which are set out inthe Third Schedule.

8. The National Day of the Republic of The NationalSri Lanka shall be the fourth day of Day.February.

CHAPTER IIBUDDHISM

9. The Republic of Sri Lanka shall give Buddhism.to Buddhism the foremost place andaccordingly it shall be the duty of the State toprotect and foster the Buddha Sasana, whileassuring to all religions the rights granted byArticles 10 and 14( l ) (e) .

CHAPTER IIIFUNDAMENTAL RIGHTS

10. Every person is entitled to freedom ofthought, conscience and religion, includingthe freedom to have or to adopt a religion orbelief of his choice.

Freedom ofthought,conscience andreligion.

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CONSTITUTION OF THE REPUBLIC [Cap.1

Freedom fromtorture.

Right toequality.

Freedom fromarbitraryarrest,detention andpunishment,and prohibitionof retroactivepenallegislation.

11. No person shall be subjected totorture or to cruel, inhuman or degradingtreatment or punishment.

12. (1) All persons are equal before thelaw and are entitled to the equal protectionof the law.

(2) No citizen shall be discriminatedagainst on the grounds of race, religion,language, caste, sex, political opinion, placeof birth or any one of such grounds :

Provided that it shall be lawful to require aperson to acquire within a reasonable timesufficient knowledge of any language as aqualification for any employment or office inthe Public, Judicial or Local GovernmentService or in the service of any publiccorporation, where such knowledge isreasonably necessary for the discharge of theduties of such employment or office :

Provided further that it shall be lawful torequire a person to have a sufficientknowledge of any language as a qualificationfor any such employment or office where nofunction of that employment or office can bedischarged otherwise than with a knowledgeof that language.

(3) No person shall, on the grounds ofrace, religion, language, caste, sex or any oneof such grounds, be subject to any disability,liability, restriction or condition with regardto access to shops, public restaurants, hotels,places of public entertainment and places ofpublic worship of his own religion.

(4) Nothing in this article shall preventspecial provision being made, by law,subordinate legislation or executive action,for the advancement of women, children ordisabled persons.

13. (1) No person shall be arrestedexcept according to procedure established bylaw. Any person arrested shall be informed ofthe reason for his arrest.

(2) Every person held in custody, detainedor otherwise deprived of personal liberty shallbe brought before the judge of the nearestcompetent court according to procedureestablished by law, and shall not be furtherheld in custody, detained or deprived of

personal liberty except upon and in terms ofthe order of such judge made in accordancewith procedure established by law.

(3) Any person charged with an offenceshall be entitled to be heard, in person or byan attorney-at-law, at a fair trial by acompetent court.

(4) No person shall be punished withdeath or imprisonment except by order of acompetent court, made in accordance withprocedure established by law. The arrest,holding in custody, detention or otherdeprivation of personal liberty of a person,pending investigation or trial, shall notconstitute punishment.

(5) Every person shall be presumedinnocent until he is proved guilty :

Provided that the burden of provingparticular facts may, by law, be placed on anaccused person.

(6) No person shall be held guilty of anoffence on account of any act or omissionwhich did not, at the time of such act oromission, constitute such an offence, and nopenalty shall be imposed for any offence moresevere than the penalty in force at the timesuch offence was committed.

Nothing in this article shall prejudice thetrial and punishment of any person for anyact or omission which, at the time when it wascommitted, was criminal according to thegeneral principles of law recognized by thecommunity of nations.

It shall not be a contravention of thisArticle to require the imposition of aminimum penalty for an offence providedthat such penalty does not exceed themaximum penalty prescribed for such offenceat the time such offence was committed.

(7) The arrest, holding in custody,detention or other deprivation of personalliberty of a person, by reason of a removalorder or a deportation order made under theprovisions of the Immigrants and EmigrantsAct or the Indo-Ceylon Agreement(Implementation) Act, or such other law asmay be enacted in substitution therefor, shallnot be a contravention of this Article.

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Freedom ofspeech,assembly,association,occupation,movement, &c.

Restrictions onfundamentalrights.

14. (1) Every citizen is entitled to-(a) the freedom of speech and expression

including.'publication;

(b) the freedom of peaceful assembly;

(c) the freedom of association;

(d) the freedom to form and join a tradeunion;

(e) the freedom, either by himself or inassociation with others, and eitherin public or in private, to manifesthis religion or belief in worship,observance, practice and teaching;

(f) the freedom by himself or inassociation with others to enjoyand promote his own culture andto use his own language;

(g) the freedom to engage by himself orin association with others in anylawful occupation, profession,trade, business or enterprise;

(h) the freedom of movement -and ofchoosing his residence within SriLanka; and

(i) the freedom to return to Sri Lanka.

(2) A person who, not being a citizen ofany other country, has been permanently andlegally resident in Sri Lanka immediatelyprior to the commencement of theConstitution and continues to be so residentshall be entitled, for a period of ten yearsfrom the commencement of the Constitution,to the rights declared and recognized byparagraph (1) of this Article.

15. (1) The exercise and operation of thefundamental rights declared and recognizedby Articles 13 (5) and 13 (6) shall be subjectonly to such restrictions as may be prescribedby law in the in teres ts of na t iona lsecurity. For the purposes of this paragraph" law " includes regulations made under thelaw for the time being relating to publicsecurity.

(2) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (a) shall be subject to suchrestrictions as may be prescribed by law inthe interests of racial and religious harmony

or in relation to parliamentary privilege,contempt of court, defamation or incitementto an offence.

(3) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (6) shall be subject to suchrestrictions as may be prescribed by law inthe interests of racial and religious harmony.

(4) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (c) shall be subject to suchrestrictions as may be prescribed by law inthe interests of racial and religious harmony

or national economy.

(5) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (g) shall be subject to suchrestrictions as may be prescribed by law inthe interests of national economy or inrelation to-

(a) the professional, technical, academic,financial and other qualificationsnecessary for practising anyprofession or carrying on anyoccupation, trade, business orenterprise, and the licensing anddisciplinary control of the personentitled to such fundamentalright, and

(b) the carrying on by the State, a Stateagency or a public corporation ofany trade, business, industry,service or enterprise whether tothe exclusion, complete or partial,of citizens or otherwise.

(6) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (h) shall be subject to suchrestrictions as may be prescribed by law inthe interests of national economy.

(7) The exercise and operation of all thefundamental rights declared and recognizedby Articles 12, 13 (1), 13 (2) and 14 shall besubject to such restrictions as may beprescribed by law in the interests of nationalsecurity, public order and the protection ofpublic health or morality, or for the purposeof securing due recognition and respect forthe rights and freedoms of others, or ofmeeting the just requirements of the general

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Existingwritten law andunwritten lawto continue inforce.

Remedy for theinfringement offundamentalrights byexecutiveaction.

welfare of a democratic society. For thepurposes of this paragraph " law " includesregulations made under the law for the timebeing relating to public security.

(8) The exercise and operation of thefundamental rights declared and recognizedby Articles 12 (1), 13 and 14 shall, in theirapplication to the members of the ArmedForces, Police Force and other Forcescharged with the maintenance of publicorder, be subject to such restrictions as maybe prescribed by law in the interests of theproper discharge of their duties and themaintenance of discipline among them.

16. (1) All existing written law andunwritten law shall be valid and operativenotwithstanding any inconsistency with thepreceding provisions of this Chapter.

(2) The subjection of any person on theorder of a competent court to any form ofpunishment recognized by any existingwritten law shall not be a contravention of theprovisions of this Chapter.

17. Every person shall be entitled toapply to the Supreme Court, as provided byArticle 126, in respect of the infringement orimminent infringement, by executive oradministrative action, of a fundamental rightto which such person is entitled under theprovisions of this Chapter.

21. (1) A person shall be entitled to be Medium of instruction.

educated through the medium of either of theNational Languages:

Provided that the provisions of thisparagraph shall not apply to an institution ofhigher education where the medium ofinstruction is a language other than aNational Language.

(2) Where one National Language is amedium of instruction for or in any course,department or faculty of any Universitydirectly or indirectly financed by the State,the other National Language shall also bemade a medium of instruction for or in suchcourse, department or faculty for studentswho prior to their admission to suchUniversity, were educated through themedium of such other National Language :

Provided that compliance with thepreceding provisions of this paragraph shallnot be obligatory if such other NationalLanguage is the medium of instruction for orin any like course, department or facultyeither at any other campus or branch of suchUniversity or of any other like University.

(3) In this Article "University" includesany institution of higher education.

22. (1) The Official Language shall be Language ofthe language of administration throughout administration.

Sri Lanka:

OfficialLanguage.

NationalLanguages.

Use ofNationalLanguages inParliament andlocalauthorities.

CHAPTER IV

LANGUAGE

18. The Official Language of Sri Lankashall be Sinhala.

19. The National Languages of Sri Lankashall be Sinhala and Tamil,

20. A Member of Parl iament or amember of a local authority shall be entitledto perform his duties and discharge hisfunctions in Parliament or in such localauthor i ty in either of the Nat ionalLanguages.

Provided that the Tamil Language shallalso be used as the language ofadministration for the maintenance of publicrecords and the transaction of all business bypublic institutions in the Northern andEastern Provinces.

(2) A person, other than an official actingin his official capacity, shall be entitled-

(a) to receive communications from, andto communicate and transactbusiness with, any official in hisofficial capacity, in either of theNational Languages ;

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CONSTITUTION OF THE REPUBLIC Cap.1

(b) if the law recognizes his right toinspect or to obtain copies of orextracts from any official register,record, pub l i ca t ion or otherdocument, to obtain a copy of, or anextract from such register, record,publication or other document, or atranslation thereof, as the case maybe, in either of the NationalLanguages: and

(c) where a document is executed by anyofficial for the purpose of beingissued to him, to obta in suchdocument or a translation thereof, ineither of the National Languages.

(3) A local authority in the Northern orEastern Province which conducts its businessin either of the National Languages shall beentitled to receive communications from, andto communicate and transact business with,any official in his official capacity, in suchNational Language.

(4) All Orders, Proclamations, rules,by-laws, regulations and notifications madeor issued under any wri t ten law, theGazette, and all o...ier official documentsincluding circulars and forms issued or usedby any public institution or local authority,shall be published in both Nat ionalLanguages.

(5) A person shall be entitled to beexamined through the medium of either ofthe National Languages at any examinationfor the admission of persons to the PublicService, Judicial Service, Local GovernmentService, a public corporation or statutoryinstitution, subject to the condition that hemay be required to acquire a sufficientknowledge of the Official Language within areasonable time after admission to any suchService, public corporation or statutoryinstitution where such knowledge isreasonably necessary for the discharge of hisduties:

Provided that a person may be required tohave a sufficient knowledge of theOfficial Language as a condition foradmission to any such Service, publiccorporation or statutory institution where nofunction of the office or employment forwhich he is recruited can be dischargedotherwise than with a sufficient knowledge ofthe Official Language.

(6) In this Article-"off ic ia l" means the President, any

Minister, Deputy Minister, or anyofficer of a public institution orlocal authority; and

" public institution " means a departmentor institution of the Government, apublic corporation or statutoryinstitution.

23. (1 ) All laws and subordinate Language oflegislation shall be enacted or made, and Legislation.published, in both National Languagestogether with a translation in the EnglishLanguage. In the event of any inconsistencybetween any two texts, the text in the OfficialLanguage shall prevail.

(2) All laws and subordinate legislation inforce immediately prior to thecommencement of the Constitution, shall bepublished in the Gazette in both NationalLanguages as expeditiously as possible.

(3) The law published in Sinhala underthe provisions of paragraph (2) of thisArticle, shall, as from the date of suchpublication, be deemed to be the law andsupersede the corresponding law in English.

24. (1) The Official Language shall be Language ofthe language of the courts throughout Sri the courts.Lanka and accordingly their records andproceedings shall be in the OfficialLanguage:

Provided that the language of the courtsexercising original jurisdiction in theNorthern and Eastern Provinces shall also beTamil and their records and proceedings shallbe in the Tamil Language. In the event of anappeal from any such court, records in bothNational Languages shall be prepared for theuse of the court hearing such appeal;

Provided further that-

(a) the Minister in charge of the subject 01Justice may, with the concurrence ofthe Cabinet of Ministers, direct thatthe record of any such court shallalso be maintained and proceedingsconducted in the OfficialLanguage; and

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(b) the record of any particular proceedingin such court shall also bemaintained in the OfficialLanguage if so required by thejudge of such court, or by any partyor applicant or any person legallyentitled to represent such party orapplicant in such proceeding, wheresuch judge, party, applicant orperson is not conversant with theTamil Language.

(2) Any party or applicant or any personlegally entitled to represent such party orapplicant may initiate proceedings, andsubmit to court pleadings and otherdocuments, and participate in the proceedingsin court, in either of the National Languages.

(3) Any judge, juror, party or applicant orany person legally entitled to represent suchparty or applicant, who is not conversant withthe language used in a court, shall be entitledto interpretation and to translation into theappropriate National Language, providedby the State, to enable him to understand andparticipate in the proceedings before suchcourt, and shall also be entitled to obtain ineither of the National Languages, any suchpart of the record or a translation thereof, asthe case may be, as he may be entitled toobtain according to law.

(4) The Minister in charge of the subjectof Justice may, with the concurrence of theCabinet of Ministers, issue directionspermitting the use of a language other than aNational Language in or in relation to therecords and proceedings in any court for allpurposes or for such purposes as may bespecified therein. Every judge shall be boundto implement such directions.

(5) In this Article-"court" means any court or tribunal

created and established for theadministration of justice includingthe adjudication and settlement ofindustrial and other disputes, or anyother t r ibuna l or i n s t i t u t ionexercising judicial or quasi-judicialfunctions or any t r i buna l orinstitution created and establishedfor the conciliation and settlementof disputes;

"judge" includes the President.Chairman, presiding officer andmember of any court; and

" record " includes pleadings, judgments,orders an other judicial andministerial acts.

25. The State shall provide adequate Provision forfacilities for the use of the languages provided adequatefor in this Chapter, facilitiesforuse

of languages providedfor in this Chapter.

CHAPTER V

CITIZENSHIP

26. (1) There shall be one status of Citizenship ofcitizenship known as " the status of a citizen Sri Lanka.of Sri Lanka ".

(2) A citizen of Sri Lanka shall for allpurposes be described only as a " citizen ofSri Lanka ", whether such person becameentitled to citizenship by descent or by virtueof registration in accordance with the lawrelating to citizenship.

(3) No distinction shall be drawn betweencitizens of Sri Lanka for any purpose byreference to the mode of acquisition of suchstatus, as to whether acquired by descent orby virtue of registration.

(4) No citizen of Sri Lanka shall bedeprived of his status of a citizen of SriLanka, except under and by virtue of theprovisions of sections 19, 20, 21 and 22 of theCitizenship Act:

Provided that the provisions of sections 23and 24 of that Act shall also be applicable toa person who became entitled to the status ofa citizen of Sri Lanka by v i r tue ofregistration under the provisions of sections11, 12 or 13 of that Act.

(5) Every person who immediately prior tothe commencement of the Constitution was acitizen of Sri Lanka, whether by descent orby virtue of registration in accordance withany law relating to citizenship, shall beentitled to the status and to the rights of acitizen of Sri Lanka as provided in thepreceding provisions of this Article.

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Cap. 1] CONSTITUTION OF THE REPUBLIC

(6) The provisions of all existing writtenlaws relating to citizenship and all otherexisting written laws wherein reference ismade to citizenship shall be read subject tothe preceding provisions of this Article.

CHAPTER VI

DIRECTIVE PRINCIPLES OF STATEPOLICY AND FUNDAMENTAL DUTIES

Directive 27. (1) The Directive Principles of StatePrinciples of policy herein contained shall guideState Policy

Parliament, the President and the Cabinet ofMinisters in the enactment of laws and thegovernance of Sri Lanka for theestablishment of a just and free society.

(2) The State is pledged to establish in SriLanka a democratic socialist society, theobjectives of which include-

(a) the full realization of the fundamentalrights and freedoms of all persons ;

(b) the promotion of the welfare of thePeople by securing and protectingas effectively as it may, a socialorder in which just ice (social,economic and political) shall guideall the institutions of the nationallife;

(c) the realization by all citizens of anadequate s tandard of l iv ing forthemselves and their famil ies ,including adequate food, clothingand hous ing , the c o n t i n u o u simprovement of living conditionsand the full enjoyment of leisureand social and c u l t u r a lopportunities;

(d) the rapid development of the wholecountry by means of public andprivate economic activity and bylaws prescribing such planning andcontrols as may be expedient fordirecting and co-ordinating suchpublic and private economic activitytowards social objectives and thepublic weal;

(e) the equitable distribution among allcitizens of the material resources ofthe c o m m u n i t y and the socialproduct, so as best to subserve thecommon good ;

(f) the establishment of a just socialorder in which the means ofproduction, distribution andexchange are not concentrated andcentralised in the State, Stateagencies or in the hands of aprivileged few, but are dispersedamong, and owned by, all thePeople of Sri Lanka;

(g) raising the moral and culturals tandards of the People, andensuring the full development ofhuman personality; and

(h) the complete eradication of illiteracyand the assurance to all persons ofthe right to universal and equalaccess to education at all levels.

(3) The State shall safeguard theindependence, sovereignty, unity and theterritorial integrity of Sri Lanka.

(4) The State shall strengthen andbroaden the democratic structure ofgovernment and the democratic rights of thePeople by decentralising the administrationand by affording all possible opportunities tothe People to participate at every level innational life and in government.

(5) The State shall strengthen nationalunity by promoting co-operation and mutualconfidence among all sections of the People ofSri Lanka, including the racial, religious,linguistic and other groups, and shall takeeffective steps in the fields of teaching,education and information in order toeliminate discrimination and prejudice.

(6) The State shall ensure equality ofopportunity to citizens, so that no citizenshall suffer any disability on the ground ofrace, religion, language, caste, sex, politicalopinion or occupation.

( 7 ) The State shall eliminate economic andsocial privilege and dispari ty, and theexploitation of man by man or by the State.

(8) The State shal l ensure that theoperation of the economic system does notresult in the concentration of wealth and themeans of p r o d u c t i o n to the commondetriment.

(9) The State shall ensure social securityand welfare.

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Fundamental

(10) The State shall assist thedevelopment of the cultures and thelanguages of the People.

(11) The State shall create the necessaryeconomic and social environment to enablepeople of all religious faiths to make a realityof their religious principles.

(12) The State shall recognize andprotect the family as the basic unit of society.

(13) The State shall promote with specialcare the interests of children and youth, so asto ensure their full development, physical,mental, moral, religious and social, and toprotect them from exploitation anddiscrimination.

(14) The State shall protect, preserve andimprove the environment for the benefit ofthe community.

(15) The State shall promote internationalpeace, security and co-operation, and theestablishment of a just and equitableinternational economic and social order, andshall endeavour to foster respect forinternational law and treaty obligations indealings among nations.

28. The exercise and enjoyment of rightsduties and freedoms is inseparable from the

performance of duties and obligations, andaccordingly it is the duty of every person inSri Lanka-

(a) to uphold and defend the Constitutionand the law;

(b) to further the national interest and tofoster national unity;

(c) to work conscientiously in his chosenoccupation;

( d ) to preserve and protect publicproperty, and to combat misuse andwaste of public property;

(e) to respect the rights and freedoms ofothers; and

(f) to protect nature and conserve itsriches.

Principles ofState Policyandfundamentalduties notjusticiable.

30. (1) There shall be a President of the The PresidentRepublic of Sri Lanka, who is the Head of the.of the State, the Head of the Executive Republic. and of the Government , and theCommander-in-Chief of the Armed Forces.

(2) The President of the Republic shall beelected by the People, and shall hold officefor a term of six years.

31 (1) Any citizen who is qualified to be The electionelected to the office of President may be and the term ofnominated as a candidate for such office- office of

President

29. The provisions of this Chapter do notconfer or impose legal rights or obligations,and are not enforceable in any court ortribunal. No question of inconsistency withsuch provisions shall be raised in any court ortribunal

CHAPTER VII

THE EXECUTIVE

THE PRESIDENT OF THE REPUBLIC

(a) by a recognized political party, or

(b) if he is or has been an elected memberof the legislature, by any otherpolitical party or by an electorwhose name has been entered in anyregister of electors.

(2) No person who has been twice electedto the office of President by the People shallbe qualified thereafter to be elected to suchoffice by the People.

(3) The poll for the election of thePresident shall be taken not less than onemonth and not more than two months beforethe expiration of the term of office of thePresident in office.

(4) The term of office of the Presidentshall commence on the fourth day ofFebruary next succeeding the date of hiselection:

Provided that the President in office,notwithstanding anything to the contrary inArticle 30, shall continue to exercise, performand discharge the powers, duties and

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Cap.l] CONSTITUTION OF THE REPUBLIC

Assumption ofoffice.

functions of the office of President until theassumption of office by the person declaredelected as President. If the office of Presidentbecomes vacant, by reason of the persondeclared elected as President failing toassume office, the President in office shallcontinue to exercise, perform and dischargethe powers, duties and functions of the officeof President, until the Prime Minister or ifthe office of Prime Minister be then vacant orif the Prime Minister be unable to act, theSpeaker commences to act in the office ofPresident in terms of Article 40.

(5) The election of the President shall beconducted by the Commissioner of Electionswho shall fix the date for the nomination ofcandidates for such election and the date onwhich the poll shall be taken,

(6) Parliament shall by law makeprovision for-

(a) the nomination of candidates for theelection of President;

(b) the register of electors to be used atand the procedure for the election ofthe President;

(c) the creation of offences relating tosuch election and the punishmenttherefor;

(d) the grounds and manner of avoidingsuch election and of determiningany disputed election ; and

(e) all other matters necessary orincidental thereto.

32. (1) The person elected or succeedingto the office of President shall assume officeupon taking and subscribing the oath ormaking and subscribing the affirmation, setout in the Fourth Schedule, in Sri Lankabefore the Chief Justice or any other Judge ofthe Supreme Court.

(2) Upon such assumption of office thePresident shall cease to hold any other officecreated or recognized by the Constitution andif he is a Member of Parliament, shall vacatehis scat in Parliament. The President shallnot hold any other office or place of profitwhatsoever.

(3) The President shall, by virtue of hisoffice, have the right at any time to attend,address and send messages to Parliament. Inthe exercise of such right the President shallbe entitled to all the privileges, immunitiesand powers, other than the right to vote, of aMember of Parliament and shall not be liablefor any breach of the privileges ofParliament, or of its Members.

33. In addition to the powers and Powers andfunctions expressly conferred on or assigned functions of theto him by the Constitution or by any written President.law whether enacted before or after thecommencement of the Constitution, thePresident shall have the power-

(a) to make the Statement of GovernmentPolicy in Parliament at thecommencement of each session ofParliament;

(b) to preside at ceremonial sittings ofParliament;

(c) to receive and recognize, and toappoint and accredit. Ambassadors,High Commissioners, Pleni-potentiaries and otherdiplomatic agents;

(d) 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,such grants and dispositions oflands and immovable propertyvested in the Republic as he is bylaw required or empowered to do,and to use the Public Seal forsealing all things whatsoever thatshall pass that Seal;

(e) to declare war and peace; and

(f) to do all such acts and things, not beinginconsistent with the provisions ofthe Constitution or written law, asby international law, custom orusage he is required or authorizedto do.

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Grant of 34. (1) The President may in the case ofpardon any offender convicted of any offence in any

court within the Republic of Sri Lanka-

(a) grant a pardon, either free or subjectto lawful conditions;

(b) grant any respite, either indefinite orfor such period as the Presidentmay think fit, of the execution ofany sentence passed on suchoffender;

(c) substitute a less severe form ofpunishment for any punishmentimposed on such offender; or

(d) remit the whole or any part of anypunishment imposed or of any-penalty or forfeiture otherwise dueto the Republic on account of suchoffence;

Provided that where any offender shallhave been condemned to suffer death by thesentence of any court, the President shallcause a report to be made to him by theJudge who tried the case and shall forwardsuch report to the Attorney-General withinstructions that after the Attorney-Generalhas advised thereon, the report shall be senttogether with the Attorney-General's adviceto the Minister in charge of the subject ofJustice, who shall forward the report with hisrecommendation to the President.

(2) The President may in the case of anyperson who is or has become subject to anydisqualification specified in paragraph (d),(e), (f), (g), or (h) of Article 89 orsub-paragraph ( g ) of paragraph (1) ofArticle 91-

(a) grant a pardon, either free or subjectto lawful conditions, or

(b) reduce the period of suchdisqualification.

(3) When any offence has been committedfor which the offender may be tried withinthe Republic of Sri Lanka, the President maygrant a pardon to any accomplice in suchoffence who shall give such information asshall lead to the conviction of the principaloffender or of any one of such principaloffenders, if more than one.

35. (1) While any person holds office as immunity ofPresident, no proceedings shall be instituted president fromor continued against him in any court or suittribunal in respect of anything done oromitted to be done by him either in hisofficial or private capacity.

(2) Where provision is made by lawlimiting the time within which proceedings ofany description may be brought against anyperson, the period of time during which suchperson holds the office of President shall notbe taken into account in calculating anyperiod of time prescribed by that law.

(3) The immuni ty conferred by theprovisions of paragraph (1) of this Articleshall not apply to any proceedings in anycourt in relation to the exercise of any powerpertaining to any subject or function assignedto the President or remaining in his chargeunder paragraph (2) of Article 44 or toproceedings in the Supreme Court underparagraph (2) of Article 129 or toproceedings in the Supreme Court underArticle 130 (a) relating to the election of thePresident:

Provided that any such proceedings inrelation to the exercise of any powerpertaining to any such subject or functionshall be insti tuted against theAttorney-General.

36. (1) Within one month of the Salary andcommencement of the Constitution, pension.Parliament shall by resolution determine thesalary, allowances and pension entitlement ofthe holders of the office of President. Suchpension shall be in addition to any otherpension to which such person is entitled byvirtue of any prior service.

(2) Upon the assumption of the office ofPresident the holder of such office shallbecome entitled to thereceipt of such salaryand allowances and thereafter, of suchpension as may be determined by Parliament.Any subsequent amendment, repeal orreplacement of this Article, and anysubsequent law or any provision thereofinconsistent with this Article shall not haveretrospective operation.

(3) The salary, allowances and pension ofthe President shall be charged on theConsolidated Fund.

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Exercise,performanceand dischargeof powers,duties andfunctions of thePresident bythe PrimeMinister.

(4) Parliament may by resolution increase,but shall not reduce, the salary, allowances orpension entitlement of the holders of theoffice of President.

37. (1) If the President is of the opinionthat by reason of illness, absence from SriLanka or any other cause he will be unable toexercise, perform and discharge the powers,duties and functions of his office, he mayappoint the Prime Minister to exercise,perform and discharge the powers, duties andfunctions of the office of President duringsuch period, and may also appoint one of theother Ministers of the Cabinet to act in theoffice of Prime Minister during such period :

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the President mayappoint the Speaker to exercise, perform anddischarge the powers, duties and functions ofthe office of President during such period.

(2) If the Chief Justice in consultationwith the Speaker is of the opinion that thePresident is temporarily unable to exercise,perform and discharge the powers, duties andfunctions of his office and is unable to makean appointment in terms of paragraph (1) ofthis Article, he shall communicate in writinghis opinion to the Speaker and thereupon thePrime Minister shall exercise, perform anddischarge the powers, duties and functions ofthe office of President during such period, andshall appoint one of the Ministers of theCabinet to act in the office of Prime Ministerduring such period, notwithstanding theabsence of such appointment as is providedfor in paragraph (1) of this Article:

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the Speaker shallexercise, perform and discharge the powers,duties and functions of the office of Presidentduring such period.

(3) The provisions of the Constitutionrelating to the President (other than theprovisions of paragraph (2) of Article 32)shall apply, in so far as they can be applied, tothe person so exercising, performing anddischarging the powers, duties and functionsof the office of President.

38. (1) The office of President shall Vacation ofoffice byPresident.

(4) In this Article and in Articles 38 (1)(b) and 40 (1), "the Speaker" includes.during any period when Parliament isdissolved, the person who held the office ofSpeaker immediately before the dissolutionof Parliament.

become vacant-(a) upon his death ;(b) if he resigns his office by a writing

under his hand addressed to theSpeaker;

(c) if he ceases to be a citizen of SriLanka:

(d) if the person elected as Presidentwilfully fails to assume office withinone month from the date ofcommencement of his term ofoffice;

(e) if he is removed from office asprovided in the next succeedingparagraph; or

(f) if the Supreme Court in the exercise ofits powers under Article 130 (a)determines that his election asPresident was void and does notdetermine that any other personwas duly elected as President.

(2) (a) Any Member of Parliament may,by a writing addressed to the Speaker, givenotice of a resolution alleging that thePresident is permanent ly incapable ofdischarging the functions of his office byreason of mental or physical infirmity or thatthe President has been guilty of-

(i) in ten t iona l violation of theConstitution,

(ii) treason,

(iii) bribery,

(iv) misconduct or corruption involvingthe abuse of the powers of his office,or

(v) any offence under any law, involvingmoral turpilude,

and setting out full particulars of theallegation or allegations made and seeking aninquiry and report thereon by the SupremeCourt.

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(b) No notice of such resolution shall beentertained by the Speaker or placed on theOrder Paper of Parliament unless it complieswith the provisions of sub-paragraph (a)and-

(i) such notice of resolution is signed bynot less than two-thirds of the wholenumber of Members of Parliament,or

(ii) such notice of resolution is signed bynot less than one-half of the wholenumber of Members of Parliament,and the Speaker is satisfied thatsuch allegation or allegations meritinquiry and report by the SupremeCourt.

(c) Where such resolution is passed by notless than two-thirds of the whole number ofMembers (including those not present) votingin its favour, the allegation or allegationscontained in such resolution shall be referredby the Speaker to the Supreme Court forinquiry and report.

(d) The Supreme Court shall, after dueinquiry at which the President shall have theright to appear and to be heard, in person orby an attorney-at-law, make a report of itsdetermination to Parliament together withthe reasons therefor.

(e) Where the Supreme Court reports toParliament that in its opinion the President ispermanently incapable of discharging thefunctions of his office by reason of mental orphysical infirmity or that the President hasbeen guilty of any of the other allegationscontained in such resolution, as the case maybe, Parliament may by a resolution passed bynot less than two-thirds of the whole numberof Members (including those not present)voting in its favour remove the Presidentfrom office.

39. ( I ) Where the Supreme Court in theexercise of its jurisdiction under Article 130determines-

(a) that the election of the President wasvoid and does not determine thatany other person was duly elected,then, a poll for the election of thePresident shall be taken not laterthan three months from the date ofthe determination ; or

Determinationby the SupremeCourt that thePresident wasnot duly electedor the electionof the Presidentwas void.

(b) that any other person was duly electedas President, then, such otherperson shall assume the office ofPresident within one month of thedate of the determination.

For the purposes of Article 38(1) (d), thedate of commencement of the term of officeof the new President shall be the date of hiselection or the date of the determination, asthe case may be.

(2) Upon the Supreme Court making anysuch determination as is referred to inparagraph (1) of this Article, the person whowas exercising, performing and dischargingthe powers, duties and functions of the officeof President shall forthwith cease to exercise.perform and discharge such powers, dutiesand functions. During the period interveningbetween the date of such determination andthe assumption of office by the newPresident, the Prime Minister shall act in theoffice of President and shall appoint one ofthe other Ministers of the Cabinet to act inthe office of the Prime Minister :

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the Speaker shallact in the office of the President.

(3) For the purposes of Article 30 (2) andnotwithstanding the provisions of Article 31(4), the term of office of the new Presidentshall be deemed to have commenced on thedate on which the term of office of the personwhose election was determined to have beenvoid or undue would, but for suchdetermination, have commenced.

(4) The exercise, performance anddischarge by any person of the powers, dutiesand functions of the office of President shallnot be invalid by reason only of the fact thatthe Supreme Court subsequently determinesthat the election of such person as Presidentwas void or undue.

(5) The provisions of this Article shallapply no twi ths tand ing anything to thecontrary in Article 40.

40. ( I ) (a) If the office of President Vacation ofshall become vacant prior to the expiration of office byhis term of office, Parliament shall elect as President andPresident one of its Members who is qualified election of to be elected to the office of President. Any suceeding President.

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President'sstaff.

person so succeeding to the office of Presidentshall hold office only for the unexpired periodof the term of office of the President vacatingoffice-

(b) Such election shall be held as soon aspossible after, and in no case later than onemonth from, the date of occurrence of thevacancy. Such election shall be by secretballot and by an absolute majority of thevotes cast in accordance with such procedureas Parliament may by law provide:

Provided that if such vacancy occurs afterthe dissolution of Parliament, the Presidentshall be elected by the new Parliament withinone month of its first meeting.

(c) During the period between theoccurrence of such vacancy and theassumption of office by the new President,the Prime Minister shall act in the office ofPresident and shall appoint one of the otherMinisters of the Cabinet to act in the office ofPrime Minister:

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the Speaker shallact in the office of President.

(2) The provisions of the Constitutionrelating to the President (other than theprovisions of paragraph (2) of Article 32)shall apply, in so far as they can be applied, toan acting President.

(3) Parliament shall by law provide for allmatters relating to the procedure for theelection of the President by Parliament andall other matters necessary or incidentalthereto.

41. (1) The President shall have thepower to appoint such Secretaries, and, inconsultation with the Cabinet of Ministers,such other officers and staff as are in hisopinion necessary to assist him in theexercise, performance and discharge of thepowers, duties and functions of his office, andto determine their terms and conditions ofservice.

(2) The salaries of such Secretaries,officers and staff shall be charged on theConsolidated Fund.

(3) Such Secretaries, officers and staffshall be deemed to be public officers exceptthat the dismissal and disciplinary control ofsuch Secretaries, officers and staff shall bevested in the President, who may delegate toany such Secretary his powers of dismissaland disciplinary control in respect of any suchofficers or staff.

(4) Every such Secretary, officer ormember of the staff shall cease to hold officeupon a new President assuming office.

(5) Where any such Secretary, officer ormember of the staff so ceases to hold office.the Cabinet of Ministers may appoint suchSecretary, officer or member of the staff toany post in the Public Service :

Provided that any such Secretary, officeror member of the staff who immediately priorto his appointment as Secretary, officer ormember of the staff was in the Public orLocal Government Service or in the service ofa public corporation shall be entitled to revertto such service without loss of seniority upona new President assuming office.

(6) The proviso to paragraph (5) of thisArticle shall, mutatis mutandis, apply to anyperson referred to in that proviso upon—

(a) the President terminating the servicesof such person, otherwise than bydismissal on disciplinary grounds ;or

(b) the resignation of such person, unlessdiscipl inary proceedings arepending or contemplated againstsuch person on the date of hisresignation.

(7) For the purposes of paragraphs (5)and (6) of this Article any person who hascontinuously held the office of Secretary tothe President, Secretary to any Ministry orany office in the President's staff or any oneor more of such. offices shall be deemed tohave continuously held the office which suchperson last held.

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CHAPTER VIII

THE EXECUTIVETHE CABINET OF MINISTERS

Responsibility 42. The President shall be responsible toof the Parliament for the due exercise, performancePresident and discharge of his powers, duties and

functions under the Constitution and anywritten law, including the law for the timebeing relating to public security.

Cabinet of 43. (1) There shall be a Cabinet ofMinisters. Ministers charged with the direction and

control of the Government of the Republic,which shall be collectively responsible andanswerable to Parliament.

(2) The President shall be a member ofthe Cabinet of Ministers, and shall be theHead of the Cabinet of Ministers ;

Provided that n o t w i t h s t a n d i n g thedissolution of the Cabinet of Ministers underthe provisions of the Constitution, thePresident shall continue in office.

(3) The President shall appoint as PrimeMinister the Member of Parliament who inhis opinion is most likely to command theconfidence of Parliament.

Ministers of 44. (1) The President shall, from time toCabinet and time, in consultation with the Prime Minister,their subjects where he considers such consultation to beand functions. necessary-

(a) determine the number of Ministers ofthe Cabinet of Ministers and theMinistries and the assignment ofsubjects and funct ions to suchMinisters; and

(b) appoint from among the Members ofParl iament , Ministers to be incharge of the M i n i s t r i e s sodetermined.

(2) The President may assign to himselfany subject or function and shall remain incharge of any subject or function not assignedto any Minister under the provisions ofparagraph (1) of this Article or the provisionsof paragraph (1) of Article 45, and may forthat purpose determine the number ofMinis t r ies to be in his charge, andaccordingly, any reference in the Constitution

Ministers whoare notmembers of theCabinet andtheirMinistriessubjects andfunctions.

or any written law to the Minister to whomsuch subject or function is assigned, shall beread and construed as a reference to thePresident.

(3) The President may, at any time,change the assignment of subjects andfunctions and the composition of the Cabinetof Ministers. Such changes shall not affectthe continuity of the Cabinet of Ministers,and the continuity of its responsibility toParliament,

45. (1) The President may, from time totime, in consultation with the Prime Ministerwhere he considers such consultation to benecessary-

(a) appoint from among Members .ofParliament, Ministers who shall notbe Members of the Cabinet ofMinisters; and

(b) determine the assignment of subjectsand functions to, and the Ministries,if any, which are to be in charge of,such Ministers.

(2) The President may at any time changeany appointment or assignment made underparagraph (1) of this Article.

(3) Every Minister appointed under thisArticle shall be responsible and answerable tothe Cabinet of Ministers and to Parliament.

(4) Any Minister of the Cabinet ofMinisters may, by Notification published inthe Gazette, delegate to any Minister who isnot a member of the Cabinet of Ministers anypower or duty pertaining to any subject orfunction assigned to him, or any power orduty conferred or imposed on him by anywritten law and it shall be lawful for suchother Minister to exercise and perform anypower or duty delegated to him under thisparagraph, notwithstanding anything to thecontrary in the written law by which thatpower or duty is conferred or imposed,

46. (1) The President may, from time to Deputytime, in consultation with the Prime Minister, Ministers.where he considers such consultation to benecessary, appoint from among the Membersof Parliament, Deputy Ministers to assist theMinisters of the Cabinet of Ministers in theperformance of their duties.

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Tenure ofoffice of thePrime Minister,Ministers andDeputyMinisters.

Cabinet ofMinisters afterdissolution ofParliament.

(2) Any Minister of the Cabinet ofMinisters may, by Notification published inthe Gazette, delegate to his Deputy Ministerany power or duty pertaining to any subjector function assigned to him, or any power orduty conferred or imposed on him by anywritten law and it shall be lawful for theDeputy Minister to exercise and perform anypower or duty delegated to him under thisparagraph notwithstanding anything to thecontrary in the written law by which thatpower or duty is conferred or imposed on suchMinister.

47. The Prime Minister, a Minister of theCabinet of Ministers, any other Minister orDeputy Minister shall continue to hold officethroughout the period during which theCabinet of Ministers continues to functionunder the provisions of the Constitutionunless he -

(a) is removed by a writing under the handof the President;

(b) resigns his office by a writing under hishand addressed to the President; or

(c) ceases to be a Member of Parliament.

48. (1) The Cabinet of Ministersfunc t ion ing immed ia t e ly p r io r to thedissolut ion of Par l iament shallnotwithstanding such dissolution continue tofunction and shall cease to function upon theconclusion of the General Election, andaccordingly, the Prime Minister, Ministers of(he Cabinet of Ministers, other Ministers andDeputy Ministers shall continue to functionunless they cease to hold office as provided inparagraph (a) or (b) of Article 47.

(2) Notwithstanding the death, removalfrom the office or resignation of the PrimeMinister, during the period interveningbetween the dissolution of Parliament and theconclusion of the General Election, theCabinet of Ministers shall cont inue tofunction with the other Ministers of theCabinet as its members until the conclusionof the General Election. The President mayappoint one such Minis ter to exercise,perform and discharge, or may himselfexercise, perform and discharge the powers,duties and functions of the Prime Minister. Ifthere is no such other Minister the Presidentshall himself exercise, perform and discharge

the powers, duties and functions of theCabinet of Ministers until the conclusion ofthe General Election.

(3) On the death, removal from office orresignation, during the period interveningbetween the dissolution of Parliament and theconclusion of the General Election, of aMinister of the Cabinet of Ministers or anyother Minister, the President may appointany other Minister to be the Minister incharge of such Ministry or to exercise,perform and discharge the powers, duties andfunctions of such Minister or may himselftake charge of such Ministry or exercise.perform and discharge such powers, dutiesand functions.

49. (1) On the Prime Minister ceasing to Dissolution ofhold office by removal, resignation or Cabinet ofotherwise, except during the period Ministers.in te rven ing between the dissolution ofParliament and the conclusion of the GeneralElection, the Cabinet of Ministers shall,unless the President has in the exercise of hispowers under Art ic le 70. dissolvedParliament, stand dissolved and the Presidentshall appoint a Prime Minister, Ministers ofthe Cabinet of Ministers, other Ministers andDeputy Ministers in terms of Articles 43, 44,45 and 46 :

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 theCabinet as its members, until the conclusionof the General Election. The President mayappoint one such Minister to exercise,perform and discharge or may himselfexercise, perform and discharge the powers,duties and functions of the Prime Minister,and the provisions of Article 48 shall, mutatismutandis, 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,appoint a Prime Minister, Ministers of theCabinet of Ministers, other Ministers andDeputy Ministers in terms of Articles 43, 44,45 and 46.

1 / 1 8


ActingMinister andActing DeputyMinister.

Secretary toCabinet ofMinuten.

Secretaries toMinistries.

50. Whenever a Minister of the Cabinetof Ministers, other Minister or DeputyMinister is unable to discharge the functionsof his office, the President may appoint anyMember of Parliament to act in place of thesaid Minister of the Cabinet of Ministers.other Minister or Deputy Minister.

51. There shall be a Secretary to theCabinet of Ministers who shall be appointedby the President. The Secretary shall, subjectto the direction of the President, have chargeof the office of the Cabinet of Ministers, andshall discharge and perform such otherfunctions and duties as may be assigned tohim by the President or the Cabinet ofMinisters.

52. (1) There shall be for each Ministrya Secretary who shall be appointed by thePresident.

(2) The Secretary to the Ministry shall.subject to the direction and control of hisMinister, exercise supervision over thedepartments of Government or otherinstitutions in the charge of his 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 44 or Article 45which results in such Ministry ceasing toexit

(4) Where the Secretary to a Ministry soceases to hold office, the Cabinet of Ministersmay appoint such Secretary to any other postin the Public Service:

Provided that a person who immediatelyprior to his appointment as Secretary was inthe Public or Local Government Service or inthe service of any public corporation shall bedeemed to have been temporarily releasedfrom such service and shall be entitled torevert to such service without loss of seniorityupon his so ceasing to hold office asSecretary.

(5) The proviso to paragraph (4) of thisArticle shall, mutatis mutandis, apply to aSecretary to a Ministry upon-

(a) the President terminating his services,otherwise than by dismissal ondisciplinary grounds, or

(b) his resignation, unless disciplinaryproceedings are pending or contemplated against him on thedate of his resignation.

(6) For the purposes of paragraphs (4)and (5) of this Article any person who hascontinuously held the office of Secretary tothe President, Secretary to a Ministry or anyother office in the President's staffer any oneor more of such offices shall be deemed tohave continuously held the office which suchperson last held.

(7) For the purposes of this Article, theOffice of the Parliamentary Commissionerfor Administration, the Office of theSecretary-General of Parliament, theDepartment of the Commissioner ofElections, the Department of theAuditor-General and the Office of theSecretary to the Cabinet of Ministers shall bedeemed not to be departments of Government.

53. A person appointed to any office official oath orreferred to in this Chapter shall not enter affriation.upon the duties of his office until he takes andsubscribes the oath or makes and subscribesthe affirmation set out in the Fourth,Schedule.

CHAPTER IX

THE EXECUTIVE

THE PUBLIC SERVICE

The President shall appoint-oll public Appointmentsofficers required by the Constitution or other by thewritten law to be appointed by the President, president.as well as the Attorney-General and theHeads of the Army, the Navy, the Air Force and the Police Force.

54.

55. (1) Subject to the provisions of the The PublicConstitution, the appointment, transfer. Service.dismissal and disciplinary control of publicofficers is hereby vested in the Cabinet ofMinisters, and all public officers shall holdoffice at pleasure.

(2) The Cabinet of Ministers shall notdelegate its powers of appointment, transfer,dismissal and disciplinary control in respectof Heads of Departments.

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Public ServiceCommission.

(3) The Cabinet of Ministers may, fromt ime to t ime, delegate its powers ofappointment, t ransfer , dismissal anddisciplinary control of other public officers tothe Public Service Commission :

Provided that the Cabinet of Ministersmay, from time to time and notwithstandingany delegation under this Article, delegate toany Minister its power of transfer in respectof such categories of officers as may bespecified, and upon such delegation, thePublic Service Commission or anyCommittee thereof shall not exercise suchpower in respect of such categories of officers.

For the purposes of this proviso," transfer " means the moving of a publicofficer from one post to another post in thesame service or in the same grade of the sameMinistry or Department with no change insalary.

(4) Subject to the provisions of theConstitution, the Cabinet of Ministers shallprovide for and determine all matters relatingto public officers, including the formulationof schemes of recruitment and codes ofconduct for public officers, the principles tobe followed in making promotions andtransfers, and the procedure for the exerciseand the de l ega t ion of the powers ofa p p o i n t m e n t , t r a n s f e r , d ismissal anddisciplinary control of public officers.

(5) Subject to the jurisdiction conferred onthe Supreme Court under paragraph (1) ofArticle 126 no court or tribunal shall havepower or j u r i s d i c t i o n to i n q u i r e into.pronounce upon or in any manner call inquestion, any order or decision of the Cabinetof Ministers, a Minister, the Public ServiceCommission, a Committee of the PublicService Commission or of a public officer, inregard to a n y m a t t e r c o n c e r n i n g thea p p o i n t m e n t , t r a n s f e r , d ismissal ordisciplinary control of a public officer.

(6) For the purposes of this Article andArticles 56 to 59 (both inclusive) " publicofficer " does not include a member of theArmy, Navy or Air Force.

56. (1) There shall be a Public ServiceCommission which shall consist of not lessthan five persons appointed by the President.

The President shall nominate one of themembers of the Commission to be theChairman.

(2) No person shall be appointed orcontinue as a member of the Public ServiceCommission if he is a Member of Parliament.

(3) Every person who, immediately beforehis appointment as a member of the PublicService Commission, was a public officer or ajudicial officer shall, when such appointmenttakes effect, cease to hold such office, andshall be ineligible for further appointment asa public officer or judicial officer :

Provided that any such person shall, untilhe ceases to be a member of the PublicService Commission, or while continuing to besuch a member, attains the age at which hewould, if he were a public officer or a judicialofficer, as the case may be, be required toretire, be deemed to be a public officer or ajudicial officer, and to hold a pensionableoffice in the service of the State, for thepurposes of any provision relating to thegrant of pensions, g ra tu i t i e s or otherallowances in respect of such service.

(4) Every member of the Public ServiceCommission shall hold office for a period offive years from the date of his appointment,unless he earlier resigns his office by awriting under his hand addressed to thePresident, or is removed from office by thePresident for cause assigned, but shall beeligible for reappointment.

(5) The President may grant leave from hisduties to any member of the Public ServiceCommission and may appoint a personqualified to be a member of the PublicService Commission to be a temporarymember for the period of such leave.

(6) A member of the Public ServiceCommission shall be paid such salary as maybe determined by Parliament. The salarypayable to any such member shall be chargedon the Consolidated Fund and shall not bediminished during his term of office.

(7) There shall be a Secretary to the PublicService Commission who shall be appointedby the Commission.

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Committees ofPublic ServiceCommission.

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

(9) The Public Service Commission shallhave power to act notwithstanding anyvacancy in its membership, and no act orproceeding of the Commission shall be, or bedeemed to be, invalid by reason only of anysuch vacancy or any defect in the appointmentof a member.

(10) For the purposes of Chapter IX of thePenal Code, a member of the Public ServiceCommission shall be deemed to be a publicservant.

57. (1) Whenever the Cabinet ofMinisters so directs the Chairman of thePublic Service Commission shall appoint aCommittee of the Public Service Commissionto exercise the powers of the Commission inrespect of such categories of public officers asare specified in such direction.

(2) Upon a direction being made underparagraph (1) of this Article, the Chairman ofthe Public Service Commission shall appointa Committee consisting of three members ofthe Public Service Commission. Where suchChairman is a member of the Committee soappointed, he shall be the Chairman of theCommittee, and where he is not a member ofthe Committee so appointed, then suchmember of that Committee as may benominated in writing by such Chairman, shallbe the Chairman of that Committee.

(3) Upon the appointment of any suchCommittee, the Public Service Commissionshall cease to exercise its powers ofappointment , t r ans fe r , dismissal anddisciplinary control in respect of thecategories of public officers specified in thedirection for the appointment of suchCommittee.

(4) There shall be a Secretary to each suchCommittee who shall be appointed by thePublic Service Commission.

(5) The quorum for any meeting of anysuch Committee shall be two members.

(6) Any such Committee shall have powerto act notwithstanding any vacancy in itsmembership and any act or proceeding of anysuch Committee shall not be. or be deemed to

be, invalid by reason only of any suchvacancy or any defect in the appointment of amember.

58. (1) The Public Service Commission orany Committee thereof may delegate to apublic officer, subject to such conditions asmay be prescribed by the Cabinet ofMinisters, its powers of appointment,transfer, dismissal or disciplinary control ofany category of public officers.

(2) Any public officer aggrieved by anyorder of transfer or dismissal, or any otherorder relating to a disciplinary matter madeby a public officer to whom the PublicService Commission or any Committeethereof has delegated its powers under thepreceding paragraph shall have a right ofappeal to the Public Service Commission orsuch Committee, as the case may be.

59. The Cabinet of Ministers shall havethe power to alter, vary or rescind-

(a) any appointment, order of transfer ordismissal or any other order relatingto a disciplinary matter made, onappeal or otherwise, by the PublicService Commission or aCommittee thereof;

(b) any order of transfer made by aMinister; or

(c) any appointment made by a publicofficer to whom the Public ServiceCommission or any Committeethereof has delegated its powersunder Article 58 (1).

60. Every person who, otherwise than inthe course of his duty, directly or indirectly,by himself or by any other person, in anymanner whatsoever, influences or attempts toinfluence any decision of the Public ServiceCommission, or of any Committee thereof, orof any member of such Commission or of anypublic officer exercising any powersdelegated by such Commission orCommittee, shall be guilty of an offence, andshall, on conviction by the High Court aftertrial without a jury be liable to a fine notexceeding one thousand rupees or toimprisonment for a term not exceeding oneyear -or to both such fine and suchimprisonment and fine:

Delegation byPublic ServiceCommission orany Committeethereof.

Power ofCabinet ofMinisters toalter, vary, orrescindappointments,&c.

Interferencewith PublicServiceCommission,&c., an offence.

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Provided that nothing in this Article shallprohibit any person from giving a certificate

or testimonial to any applicant or candidatefor any public office.

Official oath or 61. A person appointed to any officeaffirmation, referred to in this Chapter shall not enter

upon the duties of his office until he takes andsubscribes the oath or makes and subscribesthe affirmation set out in the FourthSchedule.

CHAPTER XTHE LEGISLATURE

PARLIAMENT

62. (1) There shall be a Parliamentwhich shall consist of one hundred .andninety-six Members elected by the electors ofthe several electoral districts constituted inaccordance with the provisions of theConstitution.

Parliament.

(2) Unless Parliament is sooner dissolved,every Parliament shall continue for six yearsfrom the date appointed for its first meetingand no longer, and the expiry of the saidperiod of six years shall operate as adissolution of Parliament.

63. Except for the purpose of electing theSpeaker, no Member shall sit or vote inParliament until he has taken and subscribedthe following oath,, or made and subscribedthe following affirmation, beforeParliament:-

Official oath oraffirmation.

solemnly declare and affirm"I. . . .do

swearthat I will 'uphold and defend theConstitution of the Democratic SocialistRepublic of Sri "Lanka."

64. (1) Parliament shall, at its firstmeeting after a General Election, elect threeMembers to be respectively the Speaker, theDeputy Speaker and Chai rman ofCommittees (hereinafter referred to as the"Deputy Speaker") and the DeputyChairman of Committees thereof.

Speaker,DeputySpeaker andDeputyChairman ofCommittees.

(2) A Member holding office as theSpeaker or the Deputy Speaker or the DeputyChairman of Committees shall, unless heearlier resigns his office by a writing under

his hand addressed to the President or ceasesto be a Member, vacate his office on thedissolution of Parliament.

(3) Whenever the office of Speaker,Deputy Speaker or Deputy Chairman ofCommittees becomes vacant otherwise thanas a result of a dissolution of Parliament,Parliament shall at its first meeting after theoccurrence of the vacancy elect anotherMember to be the Speaker, the DeputySpeaker or the Deputy Chairman ofCommittees, as the case may be.

(4) If Parliament, after having beendissolved, is summoned under paragraph (7)of Article 70, each of the Membersmentioned in paragraph (2) of this Articleshall, notwithstanding anything therein,resume and continue to hold Jus. office whilethat Parliament is kept in session.

(5) The Speaker, or in his absence theDeputy Speaker, or in their absence theDeputy Chairman of Committees, shallpreside at sittings of Parliament. If none ofthem is present, a Member elected byParliament for the sitting shall preside at thatsitting of Parliament.

65.(1) There shall be a Secretary.Secretary-General of Parliament who shall be Generalappointed by the President and who shall of Parliament.hold office during good behaviour.

(2) The salary of the Secretary-Generalshall be determined by Parliament, shall becharged on the Consolidated Fund and shallnot be diminished during his term of office.

(3) The members of the staff of theSecretary-General shall be appointed by himwith the approval of the Speaker.

(4) The salaries of the members of thestaff of the Secretary-General shall becharged on the Consolidated Fund.

(5) The office of the Secretary-Generalshall become vacant-

(a) upon his death ;(b) on his resignation in writing addressed

to the President;(c) on his attaining the age of sixty years,

unless Par l iament otherwiseprovides by law ;

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Vacation ofseats.

Privileges,immunities andpowers ofParliament andMembers.

(d) on his removal by the President onaccount of ill-health or physical ormental infirmity; or

(e) on his removal by the President uponan address of Parliament.

(6) Whenever the Secretary-General isunable to discharge the functions of hisoffice, the President may appoint a person toact in the place of the Secretary-General.

66. The seat of a Member shall becomevacant-

(a) upon his death ;(b) if, by a writing under his hand

addressed to the Secretary-Generalof Parliament, he resigns his seat;

(c) upon his assuming the office ofPresident consequent to his electionto such office, either by the Peopleor by Parliament;

(d) if he becomes subject to anydisqualification specified in Article89 or 91;

(e) if he becomes a member of the PublicService or an employee of a publiccorporation or, being a member ofthe Public Service or an employeeof a public corporation, does notcease to be a member of suchService or an employee of suchcorporation, before he sits inParliament;

(f) if, without the leave of Parliament firstobtained, he absents himself fromthe sittings of Parliament during acontinuous period of three months ;

(g) if his election as a Member is declaredvoid under the law in force for thetime being;

(h) upon the dissolution of Parliament; or(i) upon a resolution for his expulsion

being passed in terms of Article 81.

67. The privileges, immunities andpowers of Parliament and of its Membersmay be determined and regulated byParliament by law, and until so determinedand regulated, the provisions of theParliament (Powers and Privileges) Act,*shall, mutatis mutandis, apply.

68. (1) Ministers, Deputy Ministers and Allowances ofMembers, including the Speaker, the Deputy Members.Speaker and the Deputy Chairman ofCommittees, shall be paid such remunerationor allowance as may be provided byParliament, by law or by resolution, and thereceipt thereof shall not disqualify therecipient from sitting or voting in Parliament.

(2) Until Parliament so provides, theremuneration payable to Ministers, DeputyMinisters and Members, including theSpeaker, the Deputy Speaker and the DeputyChairman of Committees, shall be the sameas the remuneration paid to Ministers,Deputy Ministers and Members including theSpeaker, the Deputy Speaker and the DeputyChairman of Committees of the NationalState Assembly immediately prior to thecommencement of the Constitution.

69. Parliament shall have power to act Power ofnotwi ths tanding any vacancy in its Parliament tomembership, and its proceedings shall be act notwithstandingvalid notwithstanding that it is discovered vacancies.subsequently that a person who was notentitled so to do sat or voted or otherwise tookpart in the proceedings.

CHAPTER XI

THE LEGISLATURE

PROCEDURE AND POWERS

70. (1) The President may, from time to Sessions oftime, by Proclamation summon, prorogue Parliament.and dissolve Parliament:

Provided that-(a) subject to the provisions of

sub-paragraph (d), when a GeneralElection has been held consequentupon a dissolution of Parliament bythe President, the President shallnot thereafter dissolve Parliamentuntil the expiration of a period ofone year from the date of suchGeneral Election, unless Parliamentby resolution requests the Presidentto dissolve Parliament;

* See section 6 of the Revision of the Legislative Enactments Act and the Schedule to that Act.

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(b) the President shall not dissolveParliament on the rejection of theStatement of Government Policy atthe commencement of the firstsession of Parl iament after aGeneral Election;

(c) subject to the provisions ofsub-paragraph (d), the Presidentshall not dissolve Parliament afterthe Speaker has entertained aresolution complying with therequirements of sub-paragraphs (a)and (b) of paragraph (2) of Article38, unless-

(i) such resolution is not passed asrequired by sub-paragraph(c) of paragraph (2) ofArticle 38 ;

(ii) the Supreme Court determinesand reports that thePresident has not becomepermanently incapable ofdischarging the functions ofhis office or that thePresident has not been guiltyof any of the otherallegations contained in suchresolution;

(iii) the consequent resolution forthe removal of the Presidentis not passed as required bysub-paragraph (e) ofparagraph (2) of Article 38 ;or

(iv) Parl iament by resolutionrequests the President todissolve Parliament;

(d) where the President has not dissolvedParliament consequent upon therejection by Parliament of theAppropriation Bill, the Presidentshall dissolve Parl iament ifPar l iament rejects the nextAppropriation Bill.

(2) Parliament shall be summoned to meetonce at. least in every year.

(3) A Proclamation proroguingParliament shall fix a date for the nextsession, not being more than two months afterthe date of the Proclamation :

Provided that, at any time whileParliament stands prorogued, the Presidentmay by Proclamation-

(i) summon Parliament for an earlierdate, not being less than three daysfrom the date of such Proclamation,or

(ii) subject to the provisions of thisArticle, dissolve Parliament.

(4) All matters which, having been dulybrought before Parliament, have not beendisposed of at the time of the prorogation ofParliament, may be proceeded with duringthe next session.

(5) (a) A Proclamation dissolvingParliament shall fix a date or dates for theelection of Members of Parliament, and shallsummon the new Parliament to meet on adate not later than three months after thedate of such Proclamation.

(b) Upon the dissolution of Parliament byvirtue of the provisions of paragraph (2) ofArticle 62, the President shall forthwith byProclamation fix a date or dates for theelection of Members of Parliament, and shallsummon the new Parliament to meet on adate not later than three months after thedate of such Proclamation.

(c) The date fixed for the first meeting ofParl iament by a Proclamation undersub-paragraph (a) or sub-paragraph (b) maybe varied by a subsequent Proclamation,provided that the date so fixed by thesubsequent Proclamation shall be a date notlater than three months after the date of theoriginal Proclamation.

(6) Where the poll for the election of thePresident is to be taken on a date which fallsbetween the date of dissolution of Parliamentand the date before which Parliament isrequired by paragraph (5) of this Article tobe summoned to meet, Parliament shall,notwithstanding anything in that paragraph,be summoned to meet on a date not later thanfour months after the date of dissolution ofParliament.

(7) If at any time after the dissolution ofParliament, the President is satisfied that anemergency has arisen of such a nature that anearlier meeting of Parliament is necessary, hemay by Proclamation summon the

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Parliament which has been dissolved to meeton a date not less than three days from thedate of such Proclamation and suchParliament shall stand dissolved upon thetermination of the emergency or theconclusion of the General Election, whicheveris earlier.

Adjournment. 71. Parliament may adjourn from time totime as it may determine by resolution orStanding Order, until it is prorogued ordissolved.

Voting. 72. (1) Save as otherwise provided in theConstitution any question proposed fordecision by Parliament shall be decided bythe majority of votes of the Members presentand voting.

(2) The person presiding shall not vote inthe first instance but shall have and exercise acasting vote in the event, of an equality ofvotes.

Quorum. 73. If at any time during a meeting ofParliament the attention of the personpresiding is drawn to the fact that there arefewer than twenty Members present, theperson presiding shall, subject to anyStanding Order, adjourn the sitting withoutquestion put.

74. (1) Subject to the provisions of theConstitution, Parliament may by resolutionor Standing Order provide for-

StandingOrders.

(i) the election and retirement of theSpeaker, the Deputy Speaker andthe Deputy Chairman ofCommittees, and

(ii) the regulation of its business, thepreservation of order at its sittingsand any other matter for whichprovision is required or authorizedto be so made by the Constitution.

(2) Until Parliament otherwise providesby law or by resolution, the Standing Ordersof the National State Assembly, operativeimmediately prior to the commencement ofthe Constitution, shall, mutatis mutandis, bethe Standing Orders of Parliament.

Legislative 75. Parliament shall have power to makepower, laws, including laws having retrospective

effect and repealing or amending anyprovision of the Constitution, or adding anyprovision to the Constitution :

Provided that Parliament shall not makeany law-

(a) suspending the operation of theConstitution or any part thereof, or

(b) repealing the Constitution as awhole unless such law also enacts anew Constitution to replace it.

76. ( I ) Parliament shall not abdicate or Delegation ofin any manner alienate its legislative power, legilativeand shall not set up any authority with any powerlegislative power.

(2) It shall not be a contravention of theprovisions of paragraph (1) of this Article forParliament to make, in any law relating topublic security, provision empowering thePresident to make emergency regulations inaccordance with such law.

(3) It shall not be a contravention of theprovisions of paragraph (1) of this Article forParliament to make any law containing anyprovisior empowering any person or body tomake subordinate legislation for prescribedpurposes, including the power-

(a) to appoint a date on which any law orany part thereof shall come intoeffect or cease to have effect;

(b) to make by order any law or any partthereof applicable to any locality orto any class of persons; and

(c) to create a legal person, by an order oran act.

In sub-paragraphs (a) and (b) of thisparagraph, "law" includes existing law.

(4) Any existing law containing any suchprovision as aforesaid shall be valid andoperative.

77. (1) It shall be the duty of the Duties ofAttorney-General to examine every Bill for Attorney-any contravention of the requirements of General.paragraphs (1) and (2) of Article 82 and for in regaurd toany provision which cannot be validly passed published bills.except by the special majority prescribed bythe Constitution; and the Attorney-Generalor any officer assisting the Attorney-Generalin the performance of his duties under thisArticle shall be afforded all facilitiesnecessary for the performance of such duties.

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Cap.l ] CONSTITUTION OF THE REPUBLIC

Publication ofBills andpassing of Billsand resolutions.

Certificate ofSpeaker.

When Billbecomes law.

(2) If the Attorney-General is of theopinion that a Bill contravenes any of therequirements of paragraphs (1 ) and (2). ofArticle 82 or that any provision in a Billcannot be validly passed except by the specialmajority prescribed by the Constitution, hesha l l communicate such opinion to thePresident:

Provided that in the case of an amendmentproposed to a Bi l l in P a r l i a m e n t , theAt torney-Genera l shall communicate hisopinion to the Speaker at the stage when theBill is ready to be put to Parliament for itsacceptance.

78. (1) Every Bill shall be published inthe Gazette at least seven days before it isplaced on the Order Paper of Parliament.

(2) The passing of a Bill or a resolution byParliament shall be in accordance with theConstitution and the Standing Orders ofParliament. Any one or more of the StandingOrders may be suspended by Parliament inthe c i rcumstances and in the m a n n e rprescribed by the Standing Orders.

79. The Speaker shall endorse on everyBill passed by Parliament a certificate in thefollowing form :-

"This Bill (here state the short title ofthe Bi l l ) has been d u l y passed byParliament."

Such cert if icate may also state themajority by which such Bill was passed :

Provided tha t where by virtueof theprovisions of Article 82 or Article 83 orArticle 84 or Article 123 (2) a specialmajority is required for the passing of a Bill,the Speaker shall certify such Bill only if suchBill has been passed with such specialmajority :

Provided further that where by virtue ofArticle 83, the Bill or any provision thereofrequires the approval of the People at aReferendum, such certificate shall furtherstate that the Bill or such provision shall notbecome law until approved by the People at aReferendum.

80. (1) Subject to the provisions ofparagraph (2) of this Article, a Bill passed byParl iament shall become law when thecertificate of the Speaker is endorsed thereon.

(2) Where the Cabinet of Ministers hascertified that any Bill or any provision thereofis intended to be submitted for approval bythe People at a Referendum or where theSupreme Court has determined that a Bill orany provision thereof requires the approval ofthe People at a Referendum or where any Billis submitted to the People by Referendumunder paragraph (2) of Article 85, such Billor such provision shall become law uponbe ing approved by the People at aReferendum in accordance with paragraph(3) of Article 85 only when the Presidentcertifies that the Bill or provision thereof hasbeen so approved. The President shall endorseon every Bill so approved a certificate in thefollowing form :-

" This Bil l /provision has been dulyapproved by the People at a Referendum."

Every such certificate shall be final andconclusive, and shall not be called in questionin any court.

(3) Where a Bill becomes law upon thecertificate of the President or the Speaker, asthe case may be, being endorsed thereon, nocourt or tribunal shall inquire into, pronounceupon or in any manner call in question, thev a l i d i t y of such Act on any groundwhatsoever.

81. (1) Where a Special Presidential ExpulsionCommission of Inquiry established under the Members aSpecial Presidential Commissions of Inquiry imposition Law and consisting of a member or members civic disabieach of whom is a Judge of the SupremeCourt, Court of Appeal, High Court or theDistrict Court recommends that any personshould be made subject to civic disability byreason of any act done or omitted to be doneby such person before or after thecommencement of the Cons t i tu t ion , Parliament may by resolution passed by notless than two-thirds of the whole number ofMembers (including those not present) votingin its favour-

(a) impose civic disability on such personfor a period not exceeding sevenyears, and

(b) expel such person from Parliament, ifhe is a Member of Parliament.

Where a Special Presidential Commissionof Inquiry consists of more than one member,a recommendation made by the majority of


Amendment orrepeal of theConstitutionmust beexpressed.

such members, in case of any difference ofopinion, shall be, and shall be deemed for allpurposes to be, the recommendation of suchCommission of Inquiry.

(2) No such resolution shall be entertainedby the Speaker or placed on the Order Paperof Parliament unless introduced by the PrimeMinister with the approval of the Cabinet ofMinisters.

(3) The Speaker shall endorse on everyresolution passed in accordance with thepreceding provisions of this Article acertificate in the following form :-

" This resolution has been duly passed byPar l iament in accordance with theprovisions of Article 81 of theConstitution."Every such certificate shall be conclusive

for all purposes and shall not be questioned inany court, and no court or tribunal shallinquire into, or pronounce upon or in anymanner call in question, the validity of suchresolution on any ground whatsoever.

(4) In this Article, " District Court "means a District Court created andestablished by existing law and includes acourt that may be created by Parliament toexercise and perform powers and functionscorresponding or substantially similar to thepowers and functions exercised andperformed by the District Court.

CHAPTER XII

THE LEGISLATUREAMENDMENT OF THE CONSTITUTION

82. (1) No Bill for the amendment ofany provision of the Constitution shall beplaced on the Order Paper of Parliament,unless the provision to be repealed, altered oradded, and consequential amendments, ifany, arc expressly specified in the Bill and isdescribed in the long title thereof as being anAct for the amendment of the Constitution.

(2) No Bill for the repeal of theConstitution shall be placed on the OrderPaper of Parliament unless the Bill containsprovisions replacing the Constitution and isdescribed in the long title thereof as being anAct for the repeal and replacement of theConstitution.

(3) If in the opinion of the Speaker, a Billdoes not comply with the requirements ofparagraph (1) or paragraph (2) of this

.'Article, he shall direct that such Bill be notproceeded with unless it is amended so as tocomply with those requirements.

(4) Notwithstanding anything in thepreceding provisions of this Article, it shall belawful for a Bill which complies with therequirements of paragraph (1) or paragraph(2) of this Article to be amended byParliament provided that the Bill as soamended shall comply with thoserequirements.

(5) A Bill for the amendment of anyprovision of the Constitution or for the repealand replacement of the Constitution, shallbecome law if the number of votes cast infavour thereof amounts to not less thantwo-thirds of the whole number of Members(including those not present) and upon acertificate by the President or the Speaker, asthe case may be, being endorsed thereon inaccordance with the provisions of Article 80or 79.

(6) No provision in any law shall, or shallbe deemed to, amend, repeal or replace theConstitution or any provision thereof, or be sointerpreted or construed, unless enacted inaccordance with the requirements of thepreceding provisions of this Article.

(7) In this Chapter, "amendment"includes repeal, alteration and addition.

83. Notwithstanding anything to thecontrary in the provisions of Article 82 -

(a) a Bill for the amendment or for therepeal and replacement of or whichis inconsistent with any of theprovisions of Articles 1, 2, 3, 6, 7, 8,9, 10 and 11, or of this Article, and

(b) a Bill for the amendment or for therepeal and replacement of or whichis inconsistent with the provisions ofparagraph (2) of Article 30 or ofparagraph (2) of Article 62 whichwould extend the term of office ofthe President or the duration ofParliament, as the case may be, toover six years.

Approval ofcertain Bills ata Referendum.

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Cap.l] CONSTITUTION OF THE REPUBLIC

shall become taw if the number of votes castin favour thereof amounts to not less thantwo-thirds of the whole number of Members(including those not present), is approved bythe People at a Referendum and a certificateis endorsed thereon by the President inaccordance with Article 80.

Bills 84. (1) A Bill which is not for theinconsistent amendment of any provision of thewith the Constitution or for the repeal andConstitution. replacement of the Constitution, but which is

inconsistent with any provision of theConstitution may be placed on the OrderPaper of Parliament without complying withthe requirements of paragraph (1 ) orparagraph (2) of Article 82.

(2) Where the Cabinet of Ministers hascertified that a Bill is intended to be passedby the special majority required by thisArticle or where the Supreme Court hasdetermined that a Bill requires to be passedby such special majority, such Bill shallbecome law only if the number of votes castin favour thereof amounts to not less thantwo-thirds of the whole number of Members(including those not present) and a certificateby the President or the Speaker, as the casemay be, is endorsed thereon in accordancewith the provisions of Article 80 or 79.

(3) Such a Bill when enacted into law,shall not, and shall not be deemed to, amend,repeal or replace the Constitution or anyprovision thereof, and shall not be sointerpreted or construed, and may thereafterbe repealed by a majority of the votes of theMembers present and voting.

CHAPTER XIII

(2) The President may in his discretionsubmit to the People by Referendum any Bill(not being a Bill for the repeal or amendmentof any provision of the Constitution, or forthe addition of any provision to theConst i tu t ion , or for the repeal andreplacement of the Constitution, or which isinconsistent with any provision of theConstitution), which has been rejected byParliament.

(3) Any Bill or any provision in any Billsubmitted to the People by Referendum shallbe deemed to be approved by the People ifapproved by an absolute majority of the validvotes cast at such Referendum ;

Provided that when the total number ofvalid votes cast does not exceed two-thirds ofthe whole number of electors entered in theregister of electors, such Bill shall be deemedto be approved by the People only if approvedby not less than one-third of the wholenumber of such electors.

86. The President may, subject to theprovisions of Article 85, submit to the Peopleby Referendum any matter which in theopinion of the President is of nationalimportance.

87. (1) Every Referendum shall beconducted by the Commissioner of Electionswho shall communicate the result thereof tothe President.

(2) Parliament shall by law provide for allmatters relating to the procedure for thesubmission of Bills and of matters of nationalimportance to the People by Referenda, theregister of electors to be used at aReferendum, the creation of offences relatingthereto and the punishment therefor, and allother matters necessary or incidental thereto.

Submission ofmailers ofnationalimportance toPeople byReferendum.

Parliament toprovide forprocedure.

THE REFERENDUM

Submission of 85. (1) The President shall submit to theBills to People people by Referendum every Bill or anyby Referendum, provision in any Bill which the Cabinet of

Ministers has certified as being intended tobe submitted to the People by Referendum,or which the Supreme Court has determinedas requiring the approval of the People at aReferendum if the number of votes cast infavour of such Bill amounts to not less thantwo-thirds of the whole number of Members(including those not present).

CHAPTER XIV

THE FRANCHISE AND ELECTIONS

88. Every person shall, unless disqualified Right to be anas hereinafter provided, be qualified to be an elector.elector at the election of the President and ofthe Members of Parliament or to vote at anyReferendum :

Provided that no such person shall beentitled to vote unless his name is entered inthe appropriate register of electors.

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Disqualification 89. No person shall be qualified to be anto be an elector at an election of the President, or ofelector the Members of Parliament or to vote at any

Referendum, if he is subject to any of thefollowing disqualifications, namely -

(a) if he is not a citizen of Sri Lanka;

(b) if he has not attained the age ofeighteen years on the qualifyingdate specified by law under theprovisions of Article 101 ;

(c) if he is under any law in force in SriLanka found or declared to be ofunsound mind;

(d) if he is serving or has during the periodof seven years immedia te lypreceding completed serving of asentence of impr isonment (bywhatever name called) for a termnot less than six months imposedafter conviction by any court for anoffence punishable withimprisonment for a term not lessthan two years or is under sentenceof death or is serving or has duringthe period of seven yearsimmediately preceding completedthe serving of a sentence ofimprisonment for a term not lessthan six months awarded in lieu ofexecution of such sentence :

Provided that if any persondisqualified under this paragraph isgranted a free pardon suchdisqualification shall cease from thedate on which the pardon isgranted;

(e) if a period of seven years has notelapsed since -

(i) the last of the dates, if any, ofhis being convicted of anyoffence under section 52 (1)or 53 of the Ceylon(Parliamentary Elections)Order in Council, 1946,* orof such offence under thelaw for the time beingrelating to Referenda or tothe election of the Presidentor of Members ofPar l iament as would

correspond to an offenceunder either of the said twosections;

(ii) the last of the dates, if any, ofhis being convicted of acorrupt practice under theCeylon (Par l i amenta ryElections) Order in Council,1946,* or of such offenceunder the law for the timebeing relating to Referendaor to the election of thePresident or of Members ofPar l iament as wouldcorrespond to the saidcorrupt practice;

(iii) the last of the dates, if any,being a date af ter thecommencement of theConstitution, of a reportmade by a Judge finding himgui l ty of any corruptpractice under the Ceylon(Parliamentary Elections)Order in Council, 1946,* orunder any law for the timebeing relating to Referendaor to the election of thePresident or of Members ofParliament;

(iv) the last of the dates, if any, ofhis being convicted or foundguilty of bribery under theprovisions of the Bribery Actor of any future law as wouldcorrespond to the BriberyAct;

(f) if a period of five years has not elapsedsince -

(i) the last of the dates, if any, ofhis being convicted of anyoffence under the provisionsof sections 77 to 82 (bothinclusive) of the LocalAuthor i t ies ElectionsOrdinance or for suchoffence under any future lawas would correspond to anyoffence under the saidsections; or


1/29


(ii) the last of the dates, if any, ofhis being convicted of anoffence under the provisionsof sections 2 and 3 of thePublic Bodies (Prevention ofCorruption) Ordinance or ofsuch offence under anyfu ture law as wouldcorrespond to the saidoffence:

(g) if a period of three years has not elapsedsince -(i) the last of the dates, if any, of

his being convicted of anillegal practice under theCeylon (Par l iamentaryElections) Order in Council,1946,* or of such offenceunder the law for the timebeing relating to Referendaor to the election of thePresident or of Members ofParl iament as wouldcorrespond to the said illegalpractice;

(ii) the last of the dates, if any,being a date after thecommencement of theConstitution, of a reportmade by a Judge finding himguilty of any illegal practiceunder the Ceylon(Parliamentary Elections)Order in Council. 1946,* orunder any law for the timebeing relating to Referendaor to the election of thePresident or of Members ofParliament;

(h) if a resolution for the imposition ofcivic disability upon him has beenpassed in terms of Article 81, andthe period of such civic disabilityspecified in such resolution has notexpired ;

(i) if a period of seven years has notelapsed since-(i) the date of his being convicted

of any offence under theprovisions of sections 188 to201 (both inclusive) of the

Penal Code or for such otheroffence under any future lawas would correspond to anyoffence under the saidsections, or

(ii) the date of his being convictedof an offence of contemptagainst, or in disrespect of,the authority of any SpecialPresidential Commission ofInquiry consisting of suchmember or membersspecified in Article 81 byreason of-

(1) the fa i lu re of suchperson, without causewhich in the opinionof such Commissionis reasonable, toappear before suchCommission at thetime and placementioned in anysummons which suchCommission isempowered by law toissue, or

(2) the refusal of suchperson to be sworn oraff i rmed, or therefusal or failure ofsuch person, withoutcause which in theopinion of suchCommission isreasonable, to answerany question put tosuch person touchingthe matters directedto be inquired into bysuch Commission, or

(3) the refusal or failure ofsuch person, withoutcause which in theopinion of suchCommission isreasonable, toproduce and show tosuch Commission anydocument or thingwhich is in thepossession or powerof such person and


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Qualificationfor election asMember ofParliament.

Disqualificationfor election as aMember ofParliament.

which in the opinionof such Commissionis necessary forarriving at the truthof the matters to beinquired into by such

Commission;

(j) if the period of his disqualificationimposed under Article 116 has notelapsed.

90. Every person who is qualified to be anelector shall be qualified to be elected as aMember of Parliament unless he is.disqualified under the provisions of Article91.

91. (1) No person shall be qualified to beelected as a Member of Parliament or to sitand vote in Parliament-

(a) if he is or becomes subject to any ofthe disqualifications specified inArticle 89;

(b) if he-(i) stands nominated as a candidate

for election for more thanone electoral district at aGeneral Election,

(ii) stands nominated as a candidatefor election by more thanone recognized politicalparty or independent groupin respect of any electoraldistrict,

(iii) stands nominated as acandidate for election for anelectoral district and beforethe conclusion of the electionfor that electoral district hestands nominated as acandidate for election forany other electoral district,or

(iv) being a Member of Parliament,except in the circumstancesreferred to in Article 70 (7)or Article 155 (4) (i), standsnominated as a candidate forelection for any electoraldistrict ,

(c) if he is the President of the Republic ;

(d) if he is-(i) a judicial officer,(ii) the Parliamentary

Commissioner forAdministration,

(iii) the Secretary-General ofParliament or a member ofhis staff,

(iv) a member of the Public ServiceCommission,

(v) the Commissioner of Elections,(vi) the Auditor-General,

(vii) a public officer holding anyoffice the initial of the salaryscale of which is not lessthan Rs. 6,720 per annum,

(viii) an officer in any publiccorporation holding anyoffice the initial of the salaryscale of which is not lessthan Rs. 7,200 per annum,

(ix) a member of the Regular Forceof the Army, Navy or AirForce, or

(x) a police officer or a publicofficer exercising policefunctions;

(e) if he has any such interest in any suchcontract made by or on behalf of theState Or a public corporation asParliament shall by law prescribe ;

(f) if he is an undischarged bankrupt orinsolvent, having been declaredbankrupt or insolvent;

(g) if during the preceding seven years hehas been adjudged by a competentcourt or.by a Special PresidentialCommission of Inquiry to haveaccepted a bribe, or gratificationoffered with a view to influencinghis judgment as a Member ofParliament or as a member of thelegislature prior to thecommencement of the Constitution.

(2) For the purposes of sub-paragraph (g)of paragraph ( I ) of this Article, theacceptance by a Member of Parliament ofany allowance or other payment made to himby any trade union or other organizationsolely for the purpose of his maintenanceshall be deemed not to be the acceptance of abribe or gratification.

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Disqualificationfor election asPresident.

92. Every person who is qualified to be anelector shall be qualified to be elected to theoffice of President unless he is subject to anyof the following disqualifications-

(a) if he has not attained the age of thirtyyears;

(b) if he is not qualified to be elected as aMember of Parliament undersub-paragraph (d), (e), (f) or (g) ofparagraph (1) of Article 91 ;

(c) if he has been twice elected to theoffice of President by the People;

(d) if he has been removed from the officeof President under the provisions ofsub-paragraph (e) of paragraph (2)of Article 38.

93. The voting for the election of thefree,equal and President of the Republic and of thesecret Members of Parliament and at any

Referendum shall be free, equal and by secretballot.

Election to be

94. (1) At the election of the Presidentevery voter while casting his vote for anycandidate may-

(a) where there are three candidates forelection, specify his secondpreference: and

(b) where there are more than threecandidates for election, specify hissecond and third preferences.

(2) The candidate, if any, who receivesmore than one-half of the valid votes castshall be declared elected as President.

(3) Where no candidate is declared electedunder paragraph (2) of this Article, thecandidate or candidates, other than thecandidates who received the highest andsecond highest number of such votes, shall beeliminated from the contest, and-

(a) the second preference of each voterwhose vote had been for a candidateeliminated from the contest, shall, ifit is for one or the other of therema in ing two candidates , becounted as a vote for such candidateand be added to the votes counted inhis favour under paragraph (2), and

Election of thePresident.

(b) the third preference of each voterreferred to in sub-paragraph (a)whose second preference is notcounted under that sub-paragraphshall, if it is for one or the other ofthe remaining two candidates, becounted as a vote for such candidateand be added to the votes counted inhis favour under sub-paragraph (a)and paragraph (2).

and the candidate who receives the majorityof the votes so counted shall be declaredelected as President.

(4) Where an equality is found to existbetween the votes received by two or morecandidates and the addition of one vote woulddetermine-

(a) which candidate is to be declaredelected under this Article ; or

(b) which candidate is not to be eliminatedunder this Article,

then the determination of the candidate towhom such additional vote shall be deemed tohave been given for the purpose of suchdetermination shall be made by lot.

95. (1) Within three months of the Deimitationcommencement of the Constitution the CommissionPresident shall for the delimitation ofelectoral districts, establish a DelimitationCommission consisting of three personsappointed by him who he is satisfied are notactively engaged in politics. The Presidentshall appoint one of such persons to be theChairman.

(2) If any member of the DelimitationCommission shall die or resign or if thePresident is satisfied that any such memberhas become incapable of discharging hisfunctions as such, the President shall, inaccordance with the provisions of paragraph(1) of this Article, appoint another person inhis place.

96. (1) The Delimitation Commission Electoralshall divide Sri Lanka into not less than districts.twenty and not more than twenty-fourelectoral districts, and shall assign namesthereto.

(2) Each Province of Sri Lanka may itselfconstitute an electoral district or may bedivided into two or more electoral districts.

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(3) Where a Province is divided into anumber of electoral districts the DelimitationCommission shall have regard to the existingadministrative districts so as to ensure as faras is practicable that each electoral districtshall be an administrative district or acombination of two or more administrativedistricts or two or more electoral districtstogether constitute an administrative district.

(4) The electoral districts of each Provinceshall together be entitled to return fourmembers, (independently of the number ofmembers which they are entitled to return byreference to the number of electors whosenames appear in the registers of electors ofsuch electoral districts), and the DelimitationCommission shall apportion such entitlementequitably among such electoral districts.

(5) In the event of a difference of opinionamong the members of the DelimitationCommission, the opinion of the majoritythereof shall prevail and shall be deemed tobe the decision of the Commission. Whereeach member of the Commission is of adifferent opinion, the opinion of theChairman shall be deemed to be the decisionof the Commission. Any dissentient membermay state his reasons for such dissent.

(6) The Chairman of the DelimitationCommission shall communicate the decisionsof the Commission together with the reasons,if any, stated by a dissentient member to thePresident.

Proclamation 97. The President shall by Proclamationof names, &c. of electoral publish the names and boundaries of thedistricts. electoral districts and the number of

members, which each such electoral district isentitled to return by virtue of the provisionsof paragraph (4) of Article 96 in accordancewi th the decision of the DelimitationCommission. The electoral districts specifiedin the Proclamation shall come into operationat the next ensuing General Election ofMembers of Parliament and shall thereafterbe the electoral districts of Sri Lanka for allthe purposes of the Constitution and of anylaw for the time being in force relating to theelection of Members of Parliament.

98. (1) The several electoral districtsshall together be entitled to return onehundred and ninety-six members.

(2) The apportionment of the number ofmembers that each electoral district shall beentitled to return shall, in the case ofthirty-six members, be determined inaccordance with the provisions of paragraph(4) of Article 96.

(3) The apportionment of the number ofmembers that each electoral district shall beentitled to return out of the balance numberof one hundred and sixty members shall bedetermined in accordance with thesucceeding provisions of this Article.

(4) The total number of electors whosenames appear in the registers of electors of allthe electoral districts shall be divided by onehundred and sixty. The whole numberresulting from such division (any fraction notbeing taken into account) is hereinafterreferred to as the " qualifying number *

(5) The total number of electors whosenames appear in the register of electors ofeach electoral district shall be divided by thequalifying number and each electoral districtshall be entitled to return such number ofmembers as is equivalent to the wholenumber resulting from the division of thetotal number of such electors in that electoraldistrict by the qualifying number and thebalance number of such electors, if any, aftersuch division shall be dealt with, if necessary,in accordance with paragraph (6) of thisArticle.

(6) Where the total number of members tobe returned by all the electoral districtsascertained by reference to the qualifyingnumber in accordance with paragraph (5) ofthis Article is less than one hundred and sixtymembers, the apport ionment of theentitlement among the electoral districts ofthe balance number of members shall be byreference to the balance number of suchelectors and in the case of any electoraldistrict not entitled to return a single memberaccording to the determination made underparagraph (5), the total number of electorswhose names appear in the register of electorsof such electoral district, the electoral districthaving the highest of such balance number ofsuch electors or such total number of suchelectors, being entitled to return one more

Number ofmembers to bereturned by theseveralelectoraldistricts andtheirapportionmentamong suchelectoraldistricts.

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Proportionalrepresentation.

member and so on until the total number ofmembers to be returned number one hundredand sixty.

(7) Where in making an apportionmentunder paragraph (6) of this Article anequality is found to exist between two ormore balance number of such electors or twoor more total number of such electors or anycombination of them and the addition of onesuch elector would entitle one electoraldistrict to return an additional member, thedetermination of the electoral district towhich one such elector shall be deemed to beadded shall be determined by lot.

(8) The Commissioner of Elections, assoon as possible after the certification of theregisters of electors for all the electoraldistricts, shall by Order published in theGazette certify the number of memberswhich each electoral district is entitled toreturn by virtue of the Proclamation underArticle 97 and this Article and the number ofcandidates required under Article 99 (2) tobe set out in the nomination paper.

(9) For the purposes of this Article " theregister of electors " means the register ofelectors for the time being in operation on thebasis of which an election is being held.

99. (1) At any election of Members ofParliament, the total number of memberswhich an electoral district is entitled to returnshall be the number specified by theCommissioner of Elections in the Orderpublished in accordance with the provisionsof paragraph (8) of Article 98.

(2) Any recognized political party or anygroup of persons contesting as independentcandidates (hereinafter reterred to as an" independent group ") may for the purposeof any election of Members of Parliament forany electoral district, submit one nominationpaper setting out the names, in order ofpriority, of such number of candidates as isequivalent to the number of members to beelected for that electoral district, increased byone-third. Where one-third of the number ofmembers to be elected for any electoraldistrict is an integer and fraction the integerimmediately higher to that integer andfraction shall be deemed to be the one-thirdfor the purposes of this paragraph.

(3) Each elector whose name appears inthe register of electors shall be entitled toonly one vote notwithstanding that his nameappears in the electoral register in more thanone electoral district

(4) The recognized political party orindependent group which polls the highestnumber of votes in any electoral district shallbe entitled to have the candidate whose nameappears first in the nomination paper of thatrecognized political party or independentgroup declared elected.

(5) (a) Every recognized political partyand independent group polling less thanone-eighth of the total votes polled at anyelection in any electoral district shall bedisqualified from having any candidates ofsuch party or group being elected for thatelectoral district.

(b) The votes polled by the disqualifiedparties and independent groups, if any, shallbe deducted from the total votes polled at theelection in that electoral district and thenumber of votes result ing from suchdeduction is hereinafter referred to as the" relevant number of votes ".

(6) The relevant number of votes shall bedivided by the number of members to beelected for that electoral district reduced byone. If the number resulting from suchdivision is an integer, that integer, or if thatnumber is an integer and fraction, the integerimmediately higher to that integer andfraction is hereinafter referred to as the" resulting number ".

(7) The number of votes polled by eachrecognized political party and independentgroup (other than those parties or groupsdisqualified under paragraph (5) of thisArticle), beginning with the party or groupwhich polled the highest number of votes,shall then be divided by the resulting numberand such number of candidates (excludingthe candidate declared'elected under

paragraph (4) of this Article) as is equivalentto the whole number resulting from thedivision by the .resulting number of the votespolled by such party or group shall bedeclared elected from-each such party orgroup in the order in which their namesappear in the nomination paper. The

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remainder of the votes, tf any, after suchdivision, shall be dealt with, if necessary,under paragraph (8) of this Article.

(8) Where after the declaration of theelection of members as provided in paragraph(7) of this Article there are one or moremembers yet to be declared elected, suchmember or number of members shall bedeclared elected by reference to theremainder of the votes referred to inparagraph (7) to the credit of each party orgroup after the declaration made under thatparagraph and the votes polled by any partyor group not having any of its candidatesdeclared elected under paragraph (7), thecandidate next in the order of priority in thenomination paper of the party or grouphaving the highest of such votes beingdeclared elected the next member and so onuntil all the members to be elected aredeclared elected.

(9) (a) Where the number of votes polledby each recognized political party orindependent group is less than the resultingnumber referred to in paragraph (6) of thisArticle the party or group which has polledthe highest number of votes shall be entitledto have the candidate whose name appearsfirst in the nomination paper of that party orgroup (excluding the candidate declaredelected under paragraph (4) of this Article)declared elected and if there are one or moremembers yet to be declared elected, the partyor group having the next highest number ofvotes polled shall be entitled to have themember whose name appears first in thenomination paper of that party or group tobe declared elected and so on, until all themembers to be elected for that electoraldistrict are declared elected under theprovisions of this paragraph.

(b) After the de te rmina t ion underparagraph (a) if there are one or moremembers yet to be declared elected in respectof that electoral district the provisions of thatparagraph shall, mutatis mutandis, apply tothe election of such members.

(10) Where under paragraph (4) or (8) or(9) of this Article an equality is found to existbetween the votes polled by two or morerecognized political parties or two or moreindependent groups or any combination ofthem and the addition of a vote would entitlethe candidate of one such party or group to be

elected, the determination of the party orgroup to which such additional vote shall bedeemed to have been given shall be made bylot

(11) For the purposes of this Article thenumber of votes polled shall be deemed to bethe number of votes counted other thanrejected votes.

(12) A recognized political party shall havethe right, from time to time after all themembers for an electoral district have beendeclared elected under the precedingprovisions of this Article, to change the orderof priority of the persons whose names appearin the nomination paper submitted by it andto substitute the names of other persons inplace of those who have died or ceased to bemembers of such party.

(13) (a) Where a Member of Parliamentceases, by resignation, expulsion or otherwise,to be a member of a recognized politicalpar ty or independent group on whosenomination paper (hereinafter referred to asthe " relevant nomination paper ") his nameappeared at the time of his becoming suchMember of Parliament, his seat shall becomevacant upon the expiration of a period of onemonth from the date of his ceasing to be suchmember:

Provided that in the case of the expulsionof a Member of Parliament his seat shall notbecome vacant if prior to the expiration of thesaid period of one month he applies to theSupreme Court by petition in writing, and theSupreme Court upon such applicationdetermines that such expulsion was invalid.Such petition shall be inquired into by threeJudges of the Supreme Court who shall maketheir determination within two months of thefiling of such petition. Where the SupremeCourt determines that the expulsion was validthe vacancy shall occur from the date of suchdetermination.

(b) Where the seat of a Member ofParliament becomes vacant as provided inArticle 66 (other than paragraph (g) of thatArt icle) or by v i r tue of the precedingprovisions of this paragraph, the personwhose name appears first in order of priorityin the relevant nomination paper (excludingthe names of any persons who have previouslybeen declared elected) shall be declaredelected to fill such vacancy.

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Penalty for 100. Any person who-sitting and (a) having been elected a Member ofvoting in Parliament but not having been atParliament the time of such election qualified

to be so elected, shall sit or vote inParliament; or

(b) shall sit or vote in Parliament after hisseat therein has become vacant orhe has become disqualified fromsitting or voting therein,

knowing or having reasonable grounds forknowing that he was so disqualified or thathis seat has become vacant, as the case maybe, shall be liable to a penalty of five hundredrupees for every day upon which he so sits orvotes to be recovered as a debt due to theRepublic by an action instituted by theAttorney-General in the District Court ofColombo.

Parliament 101. (1) Parliament may by law makemay make provision for-provision inrespect of (a) The registration of electors;elections.

(b) the prescribing of a qualifying date onwhich a person should be resident inany electoral district to be enteredin the register of electors of thatelectoral district;

(c) the prescribing of a qualifying date onwhich a person should have attainedthe age of eighteen years to qualifyfor the purposes of registration asan elector;

(d) the prepara t ion and revision ofregisters of electors;

(e) the procedure for the election ofMembers of Parliament;

(f) the creation of offences relating to suchelections and the pun i shmenttherefor;

(g) the g r o u n d s for avo id ing suchelections, and where an election hasbeen held void the manner ofholding fresh elections;

(h) the form and m a n n e r in whichvacancies shall be filled when all thecandidates whose names appearingin the n o m i n a t i o n paper of arecognized pol i t ical par ty or

Public officeror an officer ofa publiccorporation notto functionduring periodof election.

independent group have beenexhausted by election or otherwise ;and

(1) the manner of determinat ion ofdisputed elections and such othermatters as are necessary orincidental to the election ofMembers of Parliament:

Provided that no such law shall add to thedisqualifications specified in Articles 89 and91.

(2) Until Parliament by law makesprovision for such matters, the Ceylon(Parliamentary Elections) Order in Council,1946*, as amended from time to time, shall,subject to the provisions of the Constitution,mutatis mutandis, apply.

102. When a public officer or an officerof a public corporation is a candidate at anyelection, he shall be deemed to be on leavefrom the date on which he stands nominatedas a candidate until the conclusion of theelection. Such a public officer or an officer ofa public corporation shall not during suchperiod exercise, perform or discharge any ofthe powers, duties or functions of his office.

103. (1) There shall be a Commissioner Commissionerof Elections who shall be appointed by the of Elcctions-President and who shall hold office duringgood behaviour.

(2) The salary of the Commissioner ofElections shall be determined by Parliament,shall be charged on the Consolidated Fundand shall not be diminished during his termof office.

(3) The office of the Commissioner ofElections shall become vacant-

(a) upon his death;(b) on his resignation in writing addressed

to the President;(c) on his attaining the age of sixty years;

(d) on his removal by the President onaccount of ill health or physical ormental infirmity; or



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CONSTITUTION OF THE REPUBLIC [Cap. I

(4) Whenever the Commissioner ofElections is unable to discharge the functionsof his office, the President may appoint aperson to act in the place of theCommissioner of Elections.

(5) The President may in exceptionalcircumstances permit a Commissioner ofElections who has reached the age of sixtyyears to continue in office for a period notexceeding twelve months.

Powers, duties 104. The Commissioner of Elections shalland fuctions exercise, perform or discharge all suchof powers, duties or functions as may beCommissioner conferred or imposed on or vested in him byof Elections the law for the time being in force relating to

elections to the office of President of theRepublic and of Members of Parliament, andto Referenda, or by any other written law.

CHAPTER XVTHE JUDICIARY

Establishment 105. (1) Subject to the provisions of theof courts,&c. Constitution, the institutions for the

administration of justice which protect,vindicate and enforce the rights of the Peopleshall be-

(a) the Supreme Court of the Republic ofSri Lanka,

(b) the Court of Appeal of the Republic ofSri Lanka,

(c) the High Court of the Republic of SriLanka and such other Courts ofFirst Instance, tribunals or suchinstitutions as Parliament may fromtime to time ordain and establish.

(2) All courts, tribunals and institutionscreated and established by existing writtenlaw for the administration of justice and forthe adjudication and settlement of industrialand other disputes, other than the SupremeCourt, shall be deemed to be courts, tribunalsand institutions created and established byParl iament . Parl iament may replace orabolish, or, amend the powers, duties,jurisdiction and procedure of, such courts,tribunals and institutions.

(3) The Supreme Court of the Republic ofSri Lanka and the Court of Appeal of theRepublic of Sri Lanka shall each be asuperior court of record and shall have all thepowers of such court including the power topunish for contempt of itself, whethercommitted in the court itself or elsewhere,with imprisonment or fine or both as thecourt may deem fit. The power of the Courtof Appeal shall include the power to punishfor contempt of any other court, tribunal orinstitution referred to in paragraph I (c) ofthis Article, whether committed in thepresence of such court or elsewhere :

Provided that the preceding provisions ofthis Article shall not prejudice or affect therights now or hereafter vested by any law insuch other court, tribunal or institution topunish for contempt of itself.

(4) Parliament may by law provide for thecreation and establishment of courts,tribunals or institutions for the adjudicationand settlement of matters relating to thediscipline of bhikkus or any dispute betweenbhikkus or any other dispute relating to theperformance of services in, or in relation to,temples. Such law may, notwithstandinganything to the contrary in this Chapter orChapter XVI, make provision-

(a) for the appointment , t ransfer ,dismissal and disciplinary control ofthe member or members of suchcourts, tribunals or institutions bythe President or by such otherperson or body of persons as may beprovided for in such law ;

(b) for the exclusion of the jurisdiction ofany other institution referred to inparagraph (1) of this Article inrela t ion to such matters anddisputes.

In this paragraph the expressions " bhikku"and " temple " shall have the same meaningsas in the Buddhist Temporalities Ordinance,as at the commencement of the Constitution.

106. (1) The sittings of every court, Public sittings.tibunal or othe r in stitution established underthe Constitution or ordained and establishedby Parliament shall subject to the provisionof the Constitution be held in public, and allpersons shall be entitled freely to attend suchsittings.

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(2) A judge or presiding officer of anysuch court, tribunal or other institution may,in his discretion, whenever he considers itdesirable-

(a) in proceedings relating to familyrelations,

(b) in proceedings relating to sexualmatters,

(c) in the interests of national security orpublic safety, or

(d) in the interests of order and securitywithin the precincts of such court,tribunal or other institution,

exclude therefrom such persons as are notdirectly interested in the proceedings therein.

INDEPENDENCE OF THEJUDICIARY

Appointment 107. (1) The Chief Justice, the President

Supreme Court of the Supreme Court and Court of Appealand Court of shall be appointed by the President of theAppeal. Republic by warrant under his hand.

(2) Every such Judge shall hold officeduring good behaviour, and shall not beremoved except by an order of the Presidentmade after an address of Par l iament ,supported by a majority of the total numberof Members of Parliament (including thosenot present) has been presented to thePresident for such removal on the ground ofproved misbehaviour or incapacity :

Provided that no resolution for thepresentation of such an address shall beentertained by the Speaker or placed on theOrder Paper of Parliament, unless notice ofsuch resolution is signed by not less thanone-third of the total number of Members ofParliament and sets out full particulars ofthe alleged misbehaviour or incapacity.

(3) Parliament shall by law or by StandingOrders provide for all matters relating to thepresentation of such an address, including theprocedure for the passing of such resolution,the investigation and proof of the allegedmisbehaviour or incapacity and the right ofsuch Judge to appear and to be heard inperson or by representative.

(4) Every person appointed to be or to actas Chief Justice, President of the Court ofAppeal or a Judge of the Supreme Court orCourt of Appeal shall not enter upon theduties of his office until he takes andsubscribes or makes and subscribes before thePresident, the oath or the affirmation set outin the Fourth Schedule.

(5) The age of retirement of Judges of theSupreme Court shall be sixty-five years andof Judges of the Court of Appeal shall besixty-three years.

108. (1) The salaries of the Judges of theSupreme Court and of the Court of Appealshall be determined by Parliament and shallbe charged on the Consolidated Fund.

Salaries ofJudges of theSupreme Courtand Court ofAppeal.

(2) The salary payable to, and the pensionentitlement of, a Judge of the Supreme Courtand a Judge of the Court of Appeal shall notbe reduced, after his appointment.

109. (1) If the Chief Justice or thePresident of the Court of Appeal istemporarily unable to exercise, perform anddischarge the powers, duties and functions ofhis office, by reason of illness, absence fromSri Lanka or any other cause the Presidentshall appoint another Judge of the SupremeCourt, or of the Court of Appeal, as the casemay be, to act in the office of Chief Justice,or President of the Court of Appeal,respectively, during such period.

Actingappointments.

(2) If any Judge of the Supreme Court orof the Court of Appeal is temporarily unableto exercise, perform and discharge thepowers, duties and functions of his office, byreason of illness, absence from Sri Lanka orany other cause, the President may appointanother person to act as a Judge of theSupreme Court or Court of Appeal, as thecase may be, during such period.

110. (1) A Judge of the Supreme Court Performance oror Court of Appeal may be required by the discharge of

other duties orPresident of the Republic to perform or functions bydischarge any other appropriate duties or Judges.functions under any written law.

(2) No Judge of the Supreme Court orCourt of Appeal shall perform any otheroffice (whether paid or not) or accept anyplace of profit or emolument, except asauthorized by the Constitution or by writtenlaw or with the wri t ten consent of thePresident.

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SLIIT SLIIT

removal of Judges

SLIIT SLIIT

SLIIT SLIIT

of the Court of Appeal and every other Judge


(3) No person who has held office as apermanent Judge of the Supreme Court or ofthe Court of Appeal may appear, plead, actor practise in any court , t r i b u n a l orinstitution as an attorney-at-law at any timewithout the written consent of the President.

Appointment, 111. (1) The highest Court of Firstremoval and Instance exercising criminal jurisdiction anddisciplinery created by law shall be called and known asJudges of the " The High Court of the Republic of SriHigh Court. Lanka " and shall exercise such jurisdiction

and powers as Parliament may by law vest orordain.

(2) The Judges of the High Court shall beappointed by the President of the Republic bywarrant under his hand and be removableand be subject to disciplinary control by thePresident on the recommendation of theJudicial Service Commission establishedunder this Chapter.

(3) Subject to the provisions of paragraph (2) of this Article, Parliament may by law

provide for matters relating to the retirementof the Judges of such High Court.

The Judicial 112. (1) There shall be a Judicial ServiceService Commission Commission (in this Chapter referred to as

the " Commission ") which shall consist of theChief Justice who shall be the Chairman, andtwo Judges of the Supreme Court appointedby the President of the Republic.

(2) The quorum for any meeting of theCommission shall be two members.

(3) The Commission shall have power toact notwithstanding any vacancy in itsmembership, and no act or proceeding by theCommission shall be, or be deemed to be,invalid by reason only of any such vacancy orany defect in the appointment of a member.

(4) A Judge of the Supreme Courtappointed as a member of the Commissionshall, unless he earlier resigns his office, or isremoved therefrom as hereinafter provided orceases to be a Judge of the Supreme Court,hold office for a period of five years from thedate of his appointment, but shall be eligiblefor reappointment.

(5) The President may for cause assignedremove from office any member of theCommission appointed by him.

(6) The President may grant to anymember of the Commission leave from hisduties, and may appoint a person qualified tobe a member of the Commission to be atemporary member for the period of suchleave.

(7) A member of the Commission may bepaid such salary or allowance as may bedetermined by Parliament. Any salary orallowance payable to a member shall becharged on the Consolidated Fund and shallnot be diminished during his term of office.The salary so payable shall be in addition tothe salary or other emoluments attached to,and received from, his substantiveappointment.

(8) The Judicial Service Commission maymake -

(a) rules regarding schemes forrecruitment and procedure for theappointment of judicial officers;and

(b) provision for such matters as arcnecessary or expedient for theexercise, per formance anddischarge of the powers, duties andfunctions of such Commission.

113. (1) There shall be a Secretary to Secretary tothe Commission who shall be appointed by the

Commission.the President in consul ta t ion-wi th theCabinet of Ministers.

(2) No person holding the office ofSecretary of the Commission shall be a Judgeof any Court of First Instance, either duringor after his tenure of office as Secretary.

114. (1) The appointment, transfer, Appointment todismissal and disciplinary, control of judicial other judicialofficers, and (notwithstanding anything tothe contrary in Chapter IX) of scheduledpublic officers, is vested in the Commission.

(2) It shall be competent to the JudicialService Commission by Order published inthe Gazette, to delegate its powers underparagraph (1) of this Article in respect ofsuch class or category of Judicial officers orscheduled public officers as may be specified,to a committee of not less than three Judges.each of whom shall be a Judge of theSupreme Court or of the Court of Appeal,and one of whom shall be nominated by theChief Justice as Chairman.

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Interferencewith JudicialServiceCommission anoffence.

(3) Any judicial officer or scheduledpublic officer may resign his office by writingunder his hand addressed to the Chairman ofthe Commission.

(4) The Commission may, by Orderpublished in the Gazette, delegate to theSecretary to the Commission the power tomake all transfers, other than transfersinvolving increase of salary, or to make actingappointments in such cases and subject tosuch limitations as may be specified in theOrder.

(5) The Chairman of the Judicial ServiceCommission or any Judge of the SupremeCourt authorized by the Chairman of theCommission shall have full power andauthority to inspect any Court of FirstInstance or the records, registers or otherdocuments maintained in such court and tohold such inquiry as may be necessary.

(6) In this Article-

" appointment " includes an acting ortemporary appointment;

" judicial officer " does not include a Judgeof the Supreme Court or of theCourt of Appeal or of the HighCourt;

" scheduled public officer " means theRegistrar of the Supreme Court,the Registrar of the Court ofAppeal, the Registrar of any Courtof First Instance, or any publicofficer employed in the Registry ofthe Supreme Court, the Court ofAppeal or any Court of FirstInstance, included in a categoryspecified in the Fifth Schedule or insuch other categories as may bespecified by Order made by theMinister in charge of the subject ofJustice, and approved byParliament, and published in theGazette.

115. Every person who, otherwise than inthe course of his duty, directly or indirectly,by himself or by any other person, in anymanner whatsoever, influences or attempts toinfluence any decision of the Commission orof any member thereof, shall be guilty of an

offence and shall, on conviction by the HighCourt after trial without a jury, be liable to afine not exceeding one thousand rupees or toimprisonment for a term not exceeding oneyear or to both such fine and suchimprisonment:

Provided that nothing in this Article shallprohibit any person from giving a certificateor testimonial to any applicant or candidatefor any judicial office.

116. (1) Every judge, presiding officer, Interferencepublic officer or other person entrusted by with judiciary law with judicial powers or functions or with an offence.functions under this Chapter or with similarfunc t ions under any law enacted byParliament shall exercise and perform suchpowers and functions without being subject toany direction or other interference proceedingfrom any other person except a superiorcourt, tribunal, institution or other personentitled under law to direct or supervise suchjudge, presiding officer, public officer or suchother person in the exercise or performance ofsuch powers or functions.

(2) Every person who, without legalauthority, interferes or attempts to interferewith the exercise or performance of thejudicial powers or functions of any judge,presiding officer, public officer or such otherperson as is referred to in paragraph (1) ofthis Article, shall be guilty of an offencepunishable by the High Court on convictionafter trial without a jury with imprisonmentof either description for a term which mayextend to a period of one year or with fine orwith both such imprisonment and fine andmay, in addition, be disqualified for a periodnot exceeding seven years from the date ofsuch conviction from being an elector andfrom voting at a Referendum or at anyelection of the President of the Republic or atany election of a Member of Parliament orany local authority or from holding anypublic office and from being employed as apublic officer.

117. No suit or proceeding shall lie Immunity ofagainst any member of the Commission for members of theany act which in good faith is done or is commision.purported to be done by him in theperformance of his duties or discharge of hisfunctions under the Constitution.

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CHAPTER XVI

THE SUPERIOR COURTSTHE SUPREME COURT

General 118. The Supreme Court of the RepublicJurisdication of of Sri Lanka shall be the highest and finalSupreme superior Court of record in the Republic andC o u r t .

s h a l l subject to the provisions of theConstitution exercise -

(a) jurisdiction in respect of constitutionalmatters ;

(b) jurisdict ion for the protection offundamental rights ;

(c) final appellate jurisdiction ;(d) consultative Jurisdiction;(e) jurisdiction in election petitions;(f) jurisdiction in respect of any breach of

the privileges of Parliament; and(g) jurisdiction in respect of such other

matters which Parliament may bylaw vest or ordain.

Constitution of 119. (1 ) The Supreme Court shallSupreme consist of the Chief Justice and of not lessCourt. than six and not more than ten other Judges

who shall be appointed as provided in Article107.

(2) The Supreme Court shall have powerto act notwithstanding any vacancy in itsmembership, and no act or proceeding of theCourt shall be, or shall be deemed to be,invalid by reason only of any such vacancy orany defect in the appointment of a Judge.

Constitutional 120. The Supreme Court shall have soleJurisdication of and exclusive jurisdiction to determine anythe Supreme question as to whether any Bill or anyCourt.

provision thereof is inconsistent with theConstitution :

Provided that-(a) in the case of a Bill described in its

long t i t le as being for theamendment of any provision of theConstitution, or for the repeal andreplacement of the Constitution, theonly question which the SupremeCourt may determine is whethersuch Bill requires approval by thePeople at a Referendum by virtue ofthe provisions of Article 83 ;

(b) where the Cabinet of Ministerscer t i f i es that a Bill. which isdescribed in its long title as beingfor the amendment of anyprovisions of the Constitution, or forthe repeal and replacement of theConstitution, is intended to bepassed with the special majorityrequired by Ar t ic le 83 ands u b m i t t e d to the People byReferendum, the Supreme Courtshall have and exercise nojurisdiction in respect of such Bill ;

(c) where the Cabinet of Ministerscertifies that a Bill which is notdescribed in its long title as beingfor the amendment of any provisionof the Constitution, or for the repealand rep lacement of theConsti tut ion, is intended to bepassed with the special majorityrequired by Article 84, the onlyquestion which the Supreme Courtmay determine is whether such Billrequires approval by the People at aRe fe r endum by v i r tue of theprovisions of Article 83 or whethersuch Bill is required to comply withparagraphs (1) and (2) of Article82; or

(d) where the Cabinet of Ministerscertifies that any provision of anyBill which is not described in itslong ti t le as being for theamendment of any provision of theConstitution or for the repeal andreplacement of the Constitution isintended to be passed with thespecial majority required by Article84, the only question which theSupreme Court may determine iswhether any other provision of suchBill requires to be passed with thespecial majority required by Article84 or whether any provision of suchBill requires the approval by thePeople at a Referendum by viturethe provisions of Article 83 orwhether such Bill is required tocomply with the provisions ofparagraphs (1) and (2) of Article82.

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Ordinary 121. (1) The jurisdiction of the Supremeexercise of Court to ord inar i ly determine any suchconstitutional question as aforesaid may be invoked by thejurisdication in

President by a written reference addressed torespect of Bills. the Chief Justice, or by any citizen by a

petition in writing addressed to the SupremeCourt. Such reference shall be made, or suchpetition shall be filed, within one week of theBill being placed on the Order Paper ofParliament, and a copy thereof shall at thesame time be delivered to the Speaker. In thispa rag raph " c i t i z e n " i n c l u d e s a body,whether incorporated or unincorporated, ifnot less than three-fourths of the members ofsuch body are citizens.

(2) Where the jurisdiction of the SupremeCourt has been so invoked no proceedingsshall be had in Parliament in relation to suchBill until the determination of the SupremeCourt has been made, or the expiration of aperiod of three weeks from the date of suchreference or petition, whichever occurs first.

(3) The Supreme Court shall make andcommunica te its d e t e r m i n a t i o n to thePresident and to the Speaker within threeweeks of the making of the reference or thefiling of the petition, as the case may be.

Special exercise 122. ( i ) In the case of a Bill which is, inof constitutional the view of the Cabinet of Ministers, urgentjurisdication in in the national interest, and bears anrespect of

endorsement to that effect under the hand ofurgent Bills. the Secretary to the Cabinet-

(a) the provisions of Article 78 (1) and ofArticle 121, shall subject to theprovisions of paragraph (2) of thisArticle, have no application ;

(b) the President shal l by a writ tenreference addressed to the ChiefJust ice , r e q u i r e the specialde te rmina t ion of the SupremeCourt as to whether the Bill or anyprovision thereof is inconsistentwith the Constitution. A copy ofsuch reference shall at the sametime be delivered to the Speaker ;

(c) the Supreme Court shall make itsdetermination within twenty-fourhours (or such longer period notexceeding three days as thePresident may specify) of theassembling of the Court, and shallcommunicate its determination onlyto the President and the Speaker.

(2) The provisions of paragraph (2) ofArticle 121 shall, mutatis mutandis, apply tosuch Bill.

123. (1) The determination of the DeterminationSupreme Court shall be accompanied by the of Supreme

reasons therefor, and shall state whether the Court in

Bill or any provision thereof is inconsistent respect of Bills.

wi th the Consti tution and if so, whichprovision or provisions of the Constitution.

(2) Where the Supreme Court determinesthat the Bi l l or any provision thereof isinconsistent with the Constitution, it shallalso state-

(a) whether such Bill is required to complywith the provisions of paragraphs( l )and (2) of Article 82; or

(b) whether such Bill or any provisionthereof may only be passed by thespecial majority required under theprovisions of paragraph (2) ofArticle 84 ; or

(c) whether such Bill or any provisionthereof requires to be passed by thespecial majority required under theprovisions of paragraph (2) ofArticle 84 and approved by thePeople at a Referendum by virtue ofthe provisions of Article 83,

and may specify the n a t u r e of theamendments which would make the Bill orsuch provision cease to be inconsistent.

(3) In the case of a Bill endorsed asprovided in Article 122, if the Supreme Courtentertains a doubt whether the Bill or anyprovision thereof is inconsistent wi th theConstitution, it shall be deemed to have beendetermined that the Bill or such provision ofthe Bill is inconsistent with the Constitution,and the Supreme Court shall comply with theprovisions of paragraphs (1) and (2) of thisArticle.

(4) Where any Bill, or the provision of anyBill, has been determined, or is deemed tohave been determined, to be inconsistent withthe Constitution, such Bill or such provisionshall not be passed except in the mannerstated : the determination of the SupremeCourt:

Provided that it shall be lawful for suchBill to be passed after such amendment aswould make the Bill cease to be inconsistentwith the Constitution.

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Validity of Billsand legislativeprocess not tobe questioned.

Constitutionaljurisdiction intheinterpretationof theConstitution.

Fundamentalrightsjurisdiction andits exercise.

124. Save as otherwise provided inArticles l20,121and 122, no court or tribunalcreated and es tab l i shed for theadministration of justice, or other institution,person or body of persons shall in relation toany Bill, have power or jurisdiction to inquireinto, or pronounce upon, the constitutionalityof such Bill or its due compliance with thelegislative process, on any groundwhatsoever.

125. (1) The Supreme Court shall havesole and exclusive jurisdiction to hear anddetermine any question relating to theinterpretat ion of the Consti tut ion, andaccordingly, whenever any such questionarises in the course of any proceedings in anyother court or tribunal or other institutionempowered by law to administer justice or toexercise judicial or quasi-judicial functions,such question shall forthwith be referred tothe Supreme Court for determination. TheSupreme Court may direct that furtherproceedings be stayed pending thedetermination of such question.

(2) The Supreme Court shall determinesuch question within two months of the dateof reference and make any such consequentialorder as the Circumstances of the case mayrequire.

126. (1) The Supreme Court shall havesole and exclusive jurisdiction to hear anddetermine any question relat ing to theinfringement or imminent infringement byexecutive or administrative action of anyfundamental right or language right declaredand recognized by Chapter III or Chapter IV.

(2) Where any person alleges that anysuch fundamental right or language rightrelating to such person has been infringed oris about to be infringed by executive oradministrative action, he may himself or byan attorney-at-law on his behalf, within onemonth thereof, in accordance with such rulesof court as may be in force, apply to theSupreme Court by way of petition in writingaddressed to such Court praying for relief orredress in respect of such infringement. Suchapplication may be proceeded with only withleave to proceed first had and obtained fromthe Supreme Court, which leave may begranted or refused, as the case may be, by notless than two Judges.

(3) Where in the course of hearing in theCourt of Appeal into an application fororders in the nature of a writ of habeascorpus, certiorari, prohibition, procedendo,mandamus or quo warranto, it appears tosuch Court that there is prima facie evidenceof an infringement or imminent infringementof the provisions of Chapter III or ChapterIV by a party to such application, such Courtsha l l f o r t h w i t h refer such mat ter fordetermination by the Supreme Court.

(4) The Supreme Court shall have powerto grant such relief or make such directions asit may deem just and equitable in thecircumstance in respect of any petition orreference referred to in paragraphs (2) and(3) of this Article or refer the matter back tothe Court of Appeal if in its opinion there isno infringement of a fundamental right orlanguage right.

(5) The Supreme Court shall hear andfinally dispose of any petition or referenceunder this Article within two months of thefiling of such petition or the making of suchreference.

117. (1) The Supreme Court shall, Appellatesubject to the Constitution, be the final Court Jurisdiction.of civil and criminal appellate jurisdiction forand within the Republic of Sri Lanka for thecorrection of all errors in fact or in law whichshall be committed by the Court of Appeal orany Court of First Instance, tribunal or otherinstitution and the judgments and orders ofthe Supreme Court shall in all cases be finaland conclusive in all such matters.

(2) The Supreme Court shall, in theexercise of its jurisdiction, have sole andexclusive cognizance by way of appeal fromany order, judgment, decree, or sentencemade by the Court of Appeal, where anyappeal lies in law to the Supreme Court and itmay affirm, reverse or vary any such order,judgment, decree or sentence of the Court ofAppeal and may issue such directions to anyCourt of First Instance or order a new trial orfurther hearing in any proceedings as thejustice of the case may require, and may alsocall for and admit fresh or additionalevidence if the interests of justice so demandsand may in such event, direct that suchevidence be recorded by the Court of Appealor any Court of First Instance.

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Right ofappeal.

Consultativejurisdiction.

128. (1) An appeal sha l l lie to theSupreme Court f rom any f i n a l o rder ,judgment, decree or sentence of the Court ofAppea l in any m a t t e r or proceedings,whether civil or criminal, which involves asubstantial question of law, if the Court ofA p p e a l g r a n t s leave to appeal to theSupreme Court ex mero motu or at theins tance of any aggrieved party to suchmatter or proceedings;

(2) The Supreme Court may, in itsdiscretion, grant special leave to appeal to theSupreme Court f rom any f ina l orinterlocutory order, judgment, decree, orsentence made by the Court of Appeal in anymatter or proceedings, whether civil orcriminal, where the Court of Appeal hasrefused to grant leave to appeal to theSupreme Court, or where in the opinion ofthe Supreme Court, the case or matter is fitfor review by the Supreme Court:

Provided that the Supreme Court shallgrant leave to appeal in every matter orproceedings in which it is satisfied that thequestion to be decided is of public or generalimportance.

(3) Any appeal from an order or judgmentof the Court of Appeal, made or given in theexercise of its jurisdiction under Article 139,140, 141, 142 or 143 to which the President, aMinister, a Deputy Minister or a publicofficer in his official capacity is a party, shallbe heard and determined within two monthsof the date of filing thereof.

(4) An appeal shall lie directly to theSupreme Court on any matter and in themanner specifically provided for by any otherlaw passed by Parliament.

129. (1) If at any time it appears to thePresident of the Republic that a question oflaw or fact has arisen or is likely to arisewhich is of such nature and of such publicimportance that it is expedient to obtain theopinion of the Supreme Court upon it, hemay refer that question to that Court forconsideration and the Court may, after suchhearing as it thinks fit, within the periodspecified in such reference or within suchtime as may be extended by the President,report to the President its opinion thereon.

(2) Where the Speaker refers to theSupreme Court for inquiry and report all orany of the allegation or allegations, as thecase may be, contained in any such resolutionas is referred to in Article 38 (2) (a), theSupreme Court shall in accordance withArticle 38 (2) (d) inquire into such allegationor allegations and shall report itsdetermination to the Speaker within twomonths of the date of reference.

(3) Such opinion, determination andreport shall be expressed after considerationby at least five Judges of the Supreme Court,of whom, unless he otherwise directs, theChief Justice shall be one.

(4) Every proceeding under paragraph (1)of this Article shall be held in private unlessthe Court for special reasons otherwisedirects.

130. The Supreme Court shall have the Jurisdiction inpower to hear and determine and make such election . orders as provided for by law on - privilages

(a) any legal proceeding relating to theelection of the President;

(b) any appeal from an order or judgmentof the Court of Appeal in anelection petition case:

Provided that the hearing anddetermination of a proceeding relating to theelection of the President shall be by at leastfive Judges of the Supreme Court of whom,unless he otherwise directs, the Chief Justiceshall be one.

131. The Supreme Court shall have Jurisdiction inaccording to law the power to take respect of thecognizance of and punish any person for the breaches of thebreach of the privileges of Parliament, Parliamentary privileges.

132. (1) The several jurisdictions of the Sittings of theSupreme Court shall be ordinarily exercised Supremeat Colombo unless the Chief Justice Court.otherwise directs.

(2) The jurisdiction of the Supreme Courtmay be exercised in different matters at thesame time by the several Judges of that Courtsitting apart:

Provided that its jurisdiction shall, subjectto the provisions of the Constitution, beordinarily exercised at all times by not lessthan three Judges of the Court sittingtogether as the Supreme Court.

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(3) The Chief Justice may -(i) of his own motion ; or(ii) at the request of two or more Judges

hearing any matter ; or(111) on the application of a party to any

appeal, proceeding or matter if thequestion involved is in the opinion ofthe Chief Justice one of general andpublic importance,

direct that such appeal, proceeding or matterbe heard by a Bench comprising five or moreJudges of the Supreme Court.

(4) The judgment of the Supreme Courtshall, when it is not an unanimous decision,be the decision of the majority.

Appointment of 133. (1) If at any time there should notad hoc Judges. be a quorum of the Judges of the Supreme

Court available to hold or continue anysittings of the Court, the Chief Justice maywith the previous consent of the Presidentrequest in writing the attendance at thesittings of the Court as an ad hoc Judge, forsuch period as may be necessary, of thePresident of the Court of Appeal or anyJudge of the Court of Appeal.

(2) It shall be the duty of such a Judgewho had been so requested, in priority toother duties of his office, to attend thesittings of the Supreme Court at the time andfor the period for which his attendance isrequired, and while so attending he shallhave all the jurisdictions, powers andprivileges, and shall perform the duties, of aJudge of the Supreme Court.

134. (1) The Attorney-General shall benoticed and have the right to be heard in allproceedings in the Supreme Court in theexercise of its jurisdiction under Articles 120,121,122, 125, 126, 129 (1) and 131.

Right to beheard by theSupremeCourt.

(2) Any party to any proceedings in theSupreme Court in the exercise of itsjurisdiction shall have the right to be heard insuch proceedings either in person or byrepresentation by an attorney-at-law.

(3) The Supreme Court may in itsdiscretion grant to any other person or hislegal representative such hearing as mayappear to the Court to be necessary in theexercise of its jurisdiction under this Chapter.

135. The Registry of the Supreme Court Registry of theshall be in charge of an officer designated the Supreme Court

and office of

Registrar of the Supreme Court who shall be and office ofsubject to the supervision, direction and Register.control of the Chief Justice.

136. (1) Subject to the provisions of the Rules of theConstitution and of any law the Chief Justice Supremewith any three Judges of the Supreme Court Court.nominated by him, may, from time to time,make rules regulating generally the practiceand procedure of the Court including-

(a) rules as to the procedure for hearingappeals and other matterspertaining to appeals including theterms under which appeals to theSupreme Court and the Court ofAppeal are to be entertained andprovision for the dismissal of suchappeals for non-compliance withsuch rules;

(b) rules as to the proceedings in theSupreme Court and Court ofAppeal in the exercise of the severaljurisdictions conferred on suchCourts by the Constitution or byany law, including the time withinwhich such matters may beinstituted or brought before suchCourts and the dismissal of suchmatters for non-compliance withsuch rules;

(c) rules as to the granting of bail;(d) rules as to the stay of proceedings ;(e) rules providing for the summary

determination of any appeal or anyother matter before such Court bypetition or otherwise, which appearsto the Court to be frivolous andvexatious or brought for the purposeof delay;

(f) the preparation of copies of records forthe purpose of appeal or otherproceedings in the Supreme Courtand Court of Appeal;

(g) the admission, enrolment, suspensionand removal of attorneys-at-lawand the appointment of seniorattorneys-at-law and the rules ofconduct and etiquette for suchattorneys-at-law;

(h) the attire of Judges, attorneys-at-law,officers of court and personsattending the courts in Sri Lanka

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whether established by theConstitution, or by Parliament orby existing law;

(i) the manner in which panels of jurorsmay be prepared, and the mode ofsummoning , empanel l ing andchallenging of jurors;

(j) proceedings of Fiscals and otherministerial officers of such courtsand the process of such courts andthe mode of executing the same ;

(k) the binding effect of the decisions ofthe Supreme Court;

(l) all matters of practice and procedureincluding the nature and extent ofcosts that may be awarded, themanner in which such costs may betaxed and the s tamping ofdocuments in the Supreme Court,Court of Appeal, High Court andCourts of First Instance notspecially provided by or under anylaw.

(2) Every rule made under this Articleshall be published in the Gazette and shallcome into operation on the date of suchpublication or on such later date as may bespecified in such rule.

(3) All rules made under this Article shallas soon as convenient after their publicationin the Gazette be brought before Parliamentfor approval. Any such rule which is not soapproved shall be deemed to be rescinded asfrom the date it was not so approved, butwithout prejudice to anything previously donethereunder.

(4) The Chief Justice and any threeJudges of the Supreme Court nominated byhim may amend, alter or revoke any suchrules of court and such amendment,alteration or revocation of the rules willoperate in the like manner as set out in thepreceding paragraph with reference to themaking of the rules of court.

THE COURT OF APPEAL

The Court of 137. The Court of Appeal shall consist ofAppeal. the President of the Court of Appeal and not

less than six and not more than eleven otherJudges who shall be appointed as provided inArticle 107.

138. (1) The Court of Appeal shall have Juridicatoin ofand exercise subject to the provisions of the the Court of Constitution or of any law, an appellate Appeal.jurisdiction for the correction of all errors infact or in taw which shall be committed byany Court of First Instance, tribunal or otherinstitution and sole and exclusive cognizance,by way of appeal, revision and restitutio inintegrum. of all causes, suits, actions,prosecutions, matters and things of whichsuch Court of First Instance, tribunal orother institution may have taken cognizance ;

Provided that no judgment, decree or orderof any court shall be reversed or varied onaccount of any error, defect or irregularity.which has not prejudiced the substantialrights of the parties or occasioned a failure ofjustice.

(2) The Court of Appeal shall also haveand exercise all such powers and jurisdiction,appellate and original, as Parliament may bylaw vest or ordain.

139. (1) The Court of Appeal may in the Powers inexercise of its jurisdiction, affirm, reverse, appeal.correct or modify any order, judgment,decree or sentence according to law or it maygive directions to such Court of FirstInstance, tribunal or other institution or ordera new trial or further hearing upon suchterms as the Court of Appeal shall think fit.

(2) The Court of Appeal may furtherreceive and admit new evidence additional to,or supplementary of, the evidence alreadytaken in the Court of First Instance touchingthe matters at issue in any original case, suit.prosecution or action, as the justice of thecase may require.

Power to issuewrits, otherthan writs ofhabeas corpus.

140. Subject to the provisions of theConstitution, the Court of Appeal shall havefull power and authority to inspect andexamine the records of any Court of FirstInstance or tribunal or other institution, andgrant and issue, according to law, orders inthe nature of writs of certiorari, prohibition,procedendo. mandamus and quo warrantoagainst the judge of any Court of FirstInstance or tribunal or other institution orany other person:

Provided that Parliament may by law [§2, 1stprovide that in any such category of cases as Amendment.]may be specified in such law, the jurisdiction

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Power to issuewrits of habeascorpus.

Power to bringup and removeprisoners.

conferred on the Court of Appeal by thepreceding provisions of this Article shall beexercised by the Supreme Court and not bythe Court of Appeal,

141. The Court of Appeal may grant andissue orders in the nature of writs of habeascorpus to bring up before such Court-

(a) the body of any person to be dealt withaccording to law; or

(b) the body of any person illegally orimproperly detained in public orprivate custody,

and to discharge or remand any person sobrought up or otherwise deal with suchperson according to law :

Provided that it shall be lawful for theCourt of Appeal to require the body of suchperson to be brought up before the mostconvenient Court of First Instance and todirect the judge of such court to inquire intoand report upon the acts of the allegedimprisonment or detention and to make suchprovision for the interim custody of the bodyproduced as to such court shall seem right;and the Court of Appeal shall upon thereceipt of such report, make order todischarge or remand the person so alleged tobe imprisoned or detained or otherwise dealwith such person according to law, and theCourt of First Instance shall conform to, andcarry into immediate effect, the order sopronounced or made by the Court of Appeal:

Provided further that if provision be madeby law for the exercise by any court, ofjurisdiction in respect of the custody andcontrol of minor children, then the Court ofAppea l , if sat isf ied that any disputeregarding the custody of any such minor childmay more properly be dealt with by suchcourt, direct the parties to make applicationin that court in respect of the custody of suchminor child.

142. The Court of Appeal may direct-(i) that a prisoner detained in any prison

be brought before a court-martial orany Commissioners acting underthe authority of any Commissionfrom the President of the Republicfor trial or to be examined relatingto any matters pending beforeany such c o u r t - m a r t i a l orCommissioners respectively; or

(ii) that a prisoner detained in prison beremoved from one custody toanother for purposes of trial.

143. The Court of Appeal shall have the Power to gnatpower to grant and issue injunctions to injuctions.prevent any irremediable mischief whichmight ensue before a party making anapplication for such injunction could preventthe same by bringing an action in any Courtof First Instance:

Provided that it shall not be lawful for theCourt of Appeal to grant an injunction toprevent a party to any action in any courtfrom appealing to or prosecuting an appeal tothe Court of Appeal or to prevent any partyto any action in any court from insisting uponany ground of action, defence or appeal, or toprevent any person from suing or prosecutingin any court, except where such person hasinstituted two separate actions in twodifferent courts for and in respect of the samecause of action, in which case the Court ofAppeal shall have the power to intervene byrestraining him from prosecuting one or otherof such actions as to it may seem fit.

144. The Court of Appeal shall have and Parliamentaryexercise jurisdiction to try election petitions elections.in respect of the election to the membershipof Parliament in terms of any law for the timebeing applicable in that behalf.

145. The Court of Appeal may, ex mero Inspection ofmotu or on any application made, call for, records.inspect and examine any record of any Courtof First Instance and in the exercise of itsrevisionary powers may make any orderthereon as the interests of justice mayrequire.

146. (I) The Court of Appeal shall Sittitings of theordinarily exercise its jurisdiction at Court of

Colombo: Appeal.

Provided however that the Chief Justicemay from time to time when he deems it soexpedient direct that the Court of Appealshall hold its sittings and exercise itsjurisdiction in any judicial zone or district,specified in the direction.

(2) The jurisdiction of the Court ofAppeal may be exercised in different mattersat the same time by the several Judges of theCourt sitting apart:

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Registry of theCourt ofAppeal andoffice ofRegistrar.

Control ofParliamentover publicfinance.

Provided that-

(i) its Jurisdiction in respect of judgmentsand orders of the High Court shallbe exercised by at least three Judgesof the Court;

(ii) its jurisdiction in respect of judgmentsand orders of all other Courts ofFirst Instance, tribunals and otherinstitutions shall be exercised by atleast two Judges of the Court ;

(iii) its jurisdiction in respect of its powersas contained in Articles 140, 141,142 and 143 shall be exercised bynot less than two Judges of theCourt, unless the President of theCourt of Appeal by general orspecial order otherwise directs ;

(iv) its jurisdiction in respect of its powersunder Article 144 shall be exercisedby the President of the Court ofAppeal or any Judge of that Courtnominated by such President or oneor more of such Judges nominatedby such President, of whom suchPresident may be one.

(3) In the event of any difference ofopinion between two Judges constituting theBench, the decision of the Court shall besuspended until three Judges shall be presentto review such matter.

(4) The judgment of the Court of Appealshall, when it is not an unanimous decision,be the decision of the majority.

147. The Registry of the Court of Appealshall be in charge of an officer designated asthe Registrar of the Court of Appeal whoshall be subject to the supervision, directionand control of the President of the Court ofAppeal,

CHAPTER XVII

FINANCE

148. Parliament shall have full controlover public finance. No tax, rate or any otherlevy shall be imposed by any local authorityor any other public authority, except by orunder the authority of a law passed byParliament or of any existing law.

149. (1) The funds of the Republic not allocated by law to specific purposes shall form one Consolidated Fund into which shallbe paid the produce of all taxes, imposts,rates and duties and all other revenues andreceipts of the Republic not allocated tospecific purposes.

(2) The interest on the public debt, sinkingfund payments, the costs, charges andexpenses inc identa l to the collection,management and receipt of the ConsolidatedFund and such other expendi ture asParliament may determine shall be chargedon the Consolidated Fund.

150. (1) Save as otherwise expresslyprovided in paragraphs (3) and (4) of thisArticle, no sum shall be withdrawn from theConsolidated Fund except under theauthority of a warrant under the hand of theMinister in charge of the subject of Finance.

Withdrawal ofsums fromConsolidatedFund.

(2) No such warrant shall be issued unlessthe sum has by resolution of Parliament or byany law been granted for specified publicservices for the financial year during whichthe withdrawal is to take place or is otherwiselawfully charged on the Consolidated Fund.

(3) Where the President dissolvesParliament before the Appropriation Bill forthe financial year has passed into law, hemay, unless Parliament shall have alreadymade provision, authorize the issue from theConsolidated Fund and the expenditure ofsuch sums as he may consider necessary forthe public services until the expiry of a periodof three months from the date on which thenew Parliament is summoned to meet.

(4) Where the President dissolvesParliament and fixes a date or dates for aGeneral Election the President may, unlessParliament has already made provision inthat behalf, authorize the issue from theConsolidated Fund and the expenditure ofsuch sums as he may, after consultation withthe Commissioner of Elections, considernecessary for such elections.

151. (1) Notwithstanding any of the Contingenciesprovisions of Article 149, Parliament may by Fund.

law create a Contingencies Fund for thepurpose of p rov id ing for urgent andunforeseen expenditure.

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(2) The Minister in charge of the subjectof Finance, if satisfied-

(a) that there is need for any suchexpenditure, and

(b) that no provision for such expenditureexists,

may, with the consent of the President,authorize provision to be made therefor by anadvance from the Contingencies Fund.

(3) As soon as possible after every suchadvance, a Supplementary Estimate shall bepresented to Parliament for the purpose ofreplacing the amount so advanced.

Special 152. No Bill or motion, authorizing theprovsions as to disposal of, or the imposition of charges upon,Bills affecting the Consolidated Fund or other funds of thepublic revenue. Republic, or the imposition of any tax or the

repeal, augmentation or reduction of any taxfor the time being in force shall be introducedin Parliament except by a Minister, andunless such Bill or motion has been approvedeither by the Cabinet of Ministers or in suchmanner as the Cabinet of Ministers mayauthorize.

Auditor- 153. (1) There shall be anGeneral. Auditor-General who shall be appointed by

the President and who shall hold officeduring good behaviour.

(2) The salary of the Auditor-Generalshall be determined by Parliament, shall becharged on the Consolidated Fund and shallnot be diminished during his term of office.

(3) The office of the Auditor-Generalshall become vacant-

(a) upon his death ;(b) on his resignation in writing addressed

to the President;(c) on his attaining the age of sixty years ;(d) on his removal by the President on

account of ill health or physical ormental infirmity; or


(4) Whenever the Auditor-General isunable to discharge the functions of hisoffice, the President may appoint a person toact in the place of the Auditor-General.

154. (1) The Auditor-General shall Duties andaudit the accounts of all departments of functions ofGovernment, the Offices of the Cabinet of Auditor - Genral.Ministers, the Judicial Service Commission,the Public Service Commission, thePar l iamentary Commissioner forAdministration, the Secretary-General ofParl iament and the Commissioner ofElections, local authorities, publiccorporations and business or otherundertakings vested in the Government underany written law;

(2) Notwithstanding the provisions ofparagraph (1) of this Article, the Minister incharge of any such public corporation orbusiness or other undertaking may, withthe concurrence of the Minister in charge ofthe subject of Finance, and in consultationwith the Auditor-General, appoint a qualifiedauditor or auditors to audit the accounts ofsuch public corporation or business or otherundertaking. Where such appointment hasbeen made by the Minister , theAuditor-General may, in writing, inform suchauditor or auditors that he proposes tout i l ize his or t he i r services for theperformance and discharge of theAuditor-General's duties and functions inrelation to such public corporation, businessor other undertaking and thereupon suchauditor or auditors shall act under thedirection and control of the Auditor-General.

(3) The Auditor-General shall alsoperform and discharge such duties andfunctions as may be prescribed by Parliamentby law.

(4) (a) The Auditor-General may for thepurpose of the performance and discharge ofhis duties and functions engage the services ofa qualified auditor or auditors who shall actunder his direction and control.

(b) If the Auditor-General is of opinionthat it is necessary to obtain assistance in theexamination of any technical, professional orscientific problem relevant to the audit, hemay engage the services of-

(i) a person not being an employee of thedepartment, body or authority theaccounts of which are beingaudited, or

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(ii) any technical or professional or (b)scientific institution not being aninstitution which has any interest inthe management of the affairs ofsuch department, body orauthority.

and such person or institution shall act underhis direction and control.

a firm of Accountants each of theresident partners of which, being amember of the Inst i tute ofChartered Accountants of SriLanka or of any other Instituteestablished by law, possesses acertificate to practise as anAccountant issued by the Council ofsuch Institute.

(5) (a) The Auditor-General or anyperson authorized by him shall in theperformance and discharge of his duties andfunctions be entitled-

(i) to have access to all books, records,returns and other documents;

(ii) to have access to stores and otherproperty; and

(iii) to be furnished with such informationand explanations as may benecessary for the performance ofsuch duties and functions.

(b) Every qualified auditor appointed toaudit the accounts of any public corporation,or business or other undertaking, or anyperson authorized by such auditor shall beentitled to like access, information andexplanations in relation to such publiccorporation, or business or other undertaking.

(6) The Auditor-General shall within tenmonths after the close of each financial yearand as and when he deems it necessary reportto Parliament on the performance anddischarge of his duties and functions underthe Constitution.

(7) Every qualified auditor appointedunder the provisions of paragraph (2) of thisArticle shall submit his report to the Ministerand also submit a copy thereof to theAuditor-General.

(8) In this Article, " qualified auditor "

means-

(a) an individual who, being a member ofthe Ins t i t u t e of CharteredAccountants of Sri Lanka, or of anyother Institute established by law,possesses a certificate to practise asan Accountant issued by theCouncil of such Institute; or

CHAPTER XVIII

PUBLIC SECURITY

155. (1) The Public Security Ordinance public security.as amended and in force immediately prior tothe commencement of the Constitution shallbe deemed to be a law enacted by Parliament.

(2) The power to make emergencyregulations under the Public SecurityOrdinance or the law for the time being inforce relating to public security shall includethe power to make regulations having thelegal effect of over-riding, amending orsuspending the operation of the provisions ofany law, except the provisions of theConstitution.

(3) The provisions of any law relating topublic security, empowering the President tomake emergency regulations which have thelegal effect of over-riding, amending orsuspending the operation of the provisions ofany law, shall not come into operation, exceptupon the making of a Proclamation undersuch law, bringing such provisions intooperation.

(4) Upon the making of such aProclamation, the occasion thereof shall,subject to the other provisions of this Article,be forthwith communicated to Parliament,and, accordingly-

(i) if such Proclamation is issued after thedissolution of Parliament suchProclamation shall operate as asummoning of Parliament to meeton the tenth day a f t e r suchProclamation, unless theProclamation appoints anearlier date for the meeting whichshall not be less than three daysfrom the date of the Proclamation ;and the Parliament so summoned

1 / 5 0


shall be kept in session until theexpiry or revocation of such or anyfurther Proclamation or until theconclusion of the General Electionwhichever event occurs earlier andshall thereupon stand dissolved;

(ii) if Parliament is at the date of themaking of such Proclamation,separated by any such adjournmentor prorogation as will not expirewithin ten days, a Proclamationshall be issued for the meeting ofParliament within ten days.

(5) Where the provisions of any lawrelating to public security have been broughtinto operation by the making of aProclamation under such law, suchProclamation shall, subject to the succeedingprovisions of this Article, be in operation fora period of one month from the date of themaking thereof, but without prejudice to theearlier revocation of such Proclamation or tothe making of a further Proclamation at orbefore the end of that period.

(6) Where such provisions as are referredto in paragraph (3) of this Article, of any lawrelating to public security, have been broughtinto operation, by the making of aProclamation under such law, suchProclamation shall expire after a period offourteen days from the date on which suchprovisions shall have come into operation,unless such Proclamation is approved by aresolution of Parliament:

Provided that if-(a) Parliament stands dissolved at the

date of the mak ing of suchProclamation, or

(b) Parliament is at such date separated byany such adjournment orprorogation as is referred to inparagraph (4) (ii) of this Article , or

(c) Parliament does not meet whensummoned to meet as provided inparagraphs (4) (i) and (4) (ii) ofthis Article,

then such Proclamation shall expire at theend of ten days after the date on whichParliament shall next meet and sit, unlessapproved by a resolution at such meeting ofParliament.

(7) Upon the revocation of a Proclamationreferred to in paragraph (6) of this Articlewithin a period of fourteen days from thedate on which the provisions of any lawrelating to public security shall have comeinto operation or upon the expiry of such aProclamation in accordance with theprovisions of paragraph (6), no Proclamationmade within thirty days next ensuing shallcome into operation until the making thereofshall have been approved by a resolution ofParliament.

(8) Where such provisions as are referredto in paragraph (6) of this Article, of any lawrelating to public security, shall have been inoperation for a period of ninety consecutivedays or a period of ninety days in theaggregate during six consecutive calendarmonths, no Proclamation bringing suchprovisions of any law into operation, shall, ifmade at any time during the succeeding sixcalendar months, be in operation for morethan ten days from the date on which suchprovisions are brought into operation by suchProclamation, unless such Proclamation isapproved by a resolution of Parliamentpassed by at least two-thirds of the wholenumber of Members of Parliament (includingthose not present) voting in favour of suchresolution:

Provided that if-(a) Parliament stands dissolved at the date

of the making of such Proclamation,or

(b) Parliament is, at such date, separatedby any such adjournment orprorogation, as is referred to inparagraph (4) (ii) of this Article, or

(c) Parliament does not meet whensummoned to meet as provided byparagraph 4 (i) of this Article,

then such Proclamation shall expire at theend of ten days after the date on whichParliament shall next meet and sit unlessapproved by Parliament by a resolutionpassed by at least two-thirds of the wholenumber of Members of Parliament (includingthose not present) voting in favour of suchresolution.

(9) Upon the revocation of a Proclamationreferred to in paragraph (8) of this Articlewithin a period of ten days from the date on

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which the provisions of any law relating topublic security shall have come into operationor upon the expiry of such a Proclamation inaccordance with the provisions of paragraph(8) of this Article, no Proclamation madewithin ninety days next ensuing shall comeinto operation until the making thereof shallhave been approved by a resolution ofParliament passed by at least two-thirds ofthe whole number of Members of Parliament(including those not present) voting in favourof such resolution.

(10) If Parliament does not approve anyProclamation bringing such provisions as arcreferred to in paragraph (3) of this Articleinto operation, such Proclamation shall,immediately upon such disapproval, cease tobe valid and of any force in law but withoutprejudice to anything lawfully donethereunder.

(11) If the making of a Proclamationcannot be communicated to and approved byParliament by reason of the fact thatParliament does not meet when summoned,nothing contained in paragraph (6), (7), (8)or (9) of this Article, shall affect the validityor operation of such Proclamation :

Provided that in such event, Parliamentshall again be summoned to meet as early aspossible thereafter.

(3) The salary of the ParliamentaryCommissioner for Administration shall bedetermined by Parliament and shall not bediminished during his term of office.

(4) The office of the ParliamentaryCommissioner for Administration shallbecome vacant -

(a) upon his death;

(b) on his resignation in writing addressedto the President;

(c) on his attaining the age fixed by law ;

(d) on his removal by the President onaccount of ill health or physical ormental infirmity; or

(e) on his removal by the President on anaddress of Parliament.

(5) Whenever the Parl iamentaryCommissioner for Administration is unableto perform and discharge the duties andfunctions of his office, the President shallappoint a person to act in his place.

CHAPTER XX

ParliamentaryCommissionerforAdministration.

CHAPTER XIX

THE PARLIAMENTARYCOMMISSIONER

FOR ADMINISTRATION

156. (1) Parliament shall by law providefor the establishment of the office of thePar l i amenta ry Commissioner forAdministration (Ombudsman) charged withthe duty of investigating and reporting uponcomplaints or allegations of the infringementof fundamental rights and other injustices bypublic officers and off icers of publ iccorporations, local authorities and other likeinstitutions, in accordance with and subject tothe provisions of such law.

(2) The Parliamentary Commissioner forAdministration shall be appointed by thePresident and shall hold office during goodbehaviour.

GENERAL157. Where Parliament by resolution International

passed by not less than two-thirds of the Treaties andwhole number of Members of Parliament Agreements.(including those not present) voting in itsfavour approves as being essential for thedevelopment of the national economy, anyTreaty or Agreement between theGovernment of Sri Lanka and theGovernment of any foreign State for thepromotion and protection of the investmentsin Sri Lanka of such foreign State, itsnationals, or of corporations, companies andother associations incorporated or constitutedunder its laws, such Treaty or Agreementshall have the force of law in Sri Lanka, andotherwise than in the interests of nationalsecurity no written law shall be enacted ormade, and no executive or administrativeaction shall be taken, in contravention of theprovisions of such Treaty or Agreement.

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DeputySpeaker to actfor Speaker.

First President.

FirstParliament.

Delegation. 158. Where any person is empoweredunder the provisions of the Constitution todelegate any power, duty or function to anyother person, such person delegating suchpower, duty or function may, notwithstandingsuch delegation, exercise, perform ordischarge such power, duty or function andmay at any time revoke such delegation.

In this Article, " person " includes anybody of persons or any authority.

159. Where the Speaker is unable todischarge the functions of his office, thepowers, duties and functions conferred orimposed on, or assigned to, the Speaker byany provision of the Constitution, other thanby Articles 31 (4), 37, 38 (2) (b), 39 (2) and40, may be exercised, performed ordischarged by the Deputy Speaker.

CHAPTER XXI

TRANSITIONAL PROVISIONS160. Notwithstanding anything to the

contrary in any other provision of theConstitution, the person holding the office ofPresident immediately before thecommencement of the Constitution shall bethe first President under the Constitution andshall be deemed for all purposes to have beenelected as the President of the Republic, andshall hold office for a period of six years fromFebruary 4, 1978.

The President shall, notwithstanding theprovisions of Article 32, be deemed to haveassumed office immediately upon thecommencement of the Constitution and shallbe entitled thereupon to exercise, performand discharge all the powers, duties andfunctions conferred or imposed on, orassigned to, the President by the Constitutionor otherwise. The President shall, as soon aspossible thereafter at a sitting of Parliament,take and subscribe the oath or make andsubscribe the affirmation set out in theFourth Schedule.

161. Notwithstanding anything to thecontrary in any other provision of theConstitution -

(a) the first Parliament shall constitute ofone hundred and s i x t y - e i g h tmembers, and subject to the

succeeding provisions of thisArticle, all persons whoimmediately before thecommencement of the Constitutionwere members of the National StateAssembly shall be deemed to havebeen elected as Members ofParliament;

(b) (i) if the election, as a Member of theNational State Assembly, of aperson deemed to have been electedto the first Parliament is declaredvoid under the law for the timebeing in force and no other person isdetermined to have been dulyreturned or elected, the scat of suchMember shall be vacant, and anelection to the electoral district asexisting immediately prior to thecommencement of the Constitution,shall be held in accordance with thelaw relating to elections to theNational State Assembly in forceimmediately before thecommencement of the Constitutionand on the basis of the register ofelectors applicable to such electoraldistrict which was operative on theday immediately preceding thecommencement of theConstitution;

(ii) the law applicable to election petitionsin relation to an election held asprovided in sub-paragraph (i) shallbe the law in force upon thecommencement of the Constitutionand in the event of such an electionbeing declared void the provisions ofsub-paragraph (i) shall, mutatismutandis, apply;

(c) if the election as a Member of theNational State Assembly of aperson who is deemed to have beenelected to the first Parliament isdeclared void or undue and anyother person is determined to havebeen duly returned or elected suchother person shall be deemed tohave been duly elected as a Memberof the first Parliament; -

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(d) (i) where immediately before thecommencement of the Constitutionthere was a vacancy in themembership of the National StateAssembly or where a vacancy in themembership of the first Parliamentoccurs otherwise than under theprovisions of paragraph (b) of thisArticle, such vacancy shall be filledin the manner provided insub-paragraph (iii) hereof;

[§ 2, 2nd (ii) where during the duration of the firstAmendment.] Parliament, a Member ceases, by

resignation, expulsion or otherwise,to be a member of the recognizedpolitical party to which he belongedupon or after the commencement ofthe Constitution, the Secretary ofsuch party shall, within two weeksof the date on which such Memberso ceased to be a member of suchparty, communicate, in writing tothe Secretary-General ofParliament, the fact and datethereof. The Secretary-Generalshall, upon receipt of suchcommunication, submit it to theSpeaker,

Where a Member ceases to be amember of the recognized politicalparty to which he belonged byreason of being expelled from suchparty, he shall be entitled to apply,within one month of the date ofsuch expulsion by petition inwriting, to the Supreme Court for adetermination that such expulsionwas invalid. In the event of any suchapplicat ion being made, theRegistrar of the Supreme Courtshal l fo r thwi th in form theSecretary-General of Parliament inwriting, of such application. Everysuch application shall be heard anddetermined by not less than threeJudge,s of the Supreme Court whoshall, within two months of themaking of such application,determine whether such expulsionwas valid or not,

The Speaker shall, on receiving inthe aforesaid manner, acommunication alleging that aMember has ceased to be a memberof the recognized political party towhich such Member belonged,appoint a Select Committeeconsisting of not less than fiveMembers of Parliament (one ofwhom shall be nominated asChairman thereof) to inquire into,and report to Parliament on, thecircumstances in which suchMember is alleged to have resignedfrom, or to have been expelled from,or to have otherwise ceased to be amember of, such party, and thereasons therefor:

Provided, however, that wheresuch communication alleges that aMember has ceased to be a memberof the recognized political party towhich he belonged by reason of hisbeing expelled therefrom, no SelectCommittee shall be appointed asaforesaid until after the expirationof a period of one month from thedate of such alleged expulsion, andin any case where such Member hasapplied to the Supreme Court for adetermination that such expulsionwas invalid, unless and until theSupreme Court has determined thatsuch expulsion was valid.

The provisions of the Parliament(Powers and Privileges) Act* shall,mutatis mutandis, apply in relationto proceedings before, and to theprivileges, immunities and powersof, a Select Committee appointed asaforesaid, and every such SelectCommittee shall be deemed, for thepurposes of that Act, to be dulyauthorized by an order ofParliament to send for persons,papers and records.

After consideration of the reportmade by a Select Committeeappointed as aforesaid, Parliamentmay, by resolution passed by notless than eighty-five Membersvoting in its favour, resolve that the


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Member to whom such reportrelates, shall cease to be a Memberof Parliament. The Speaker shallendorse on every resolution sopassed, a certificate in the followingform :-" This resolution has been passed by

the majority required byArticle 161 (d) (11) of theConstitution ".

The seat of such Member shall,with effect from the date of suchcertificate, become vacant.

Every such certificate shall beconclusive for all purposes and shallnot be questioned in any court, andno court or tribunal shall inquireinto, pronounce upon or in anymanner call in question, the validityof the resolution on which suchcertificate is endorsed, on anyground whatsoever.

(iii) where a vacancy as isreferred to in sub-paragraph (i) or(i i) has occurred, theSecretary-General of Parliamentshall forthwith inform theCommissioner of Elections of suchvacancy. The Commissioner ofElections shall thereupon requirethe Secretary of the political partyto which such Member belonged tonominate a member of such party tofill such vacancy. Upon the receiptof such nomination theCommissioner shall declare suchperson to be the Member for theelectoral district in respect of whichthe vacancy occurred;

(e) unless sooner dissolved, the firstParliament shall continue for sixyears from August 4, 1977, and nolonger, and the expiry of theaforesaid period of six years shalloperate as a dissolution ofParliament, and the provisions ofArticle 70 (5) (b) shall applyaccordingly.

162. (1) The provisions of Article 98,other than paragraphs (8) and (9) thereof,and Article 99 shall not come into operationuntil the General Election held upon thedissolution of the first Parliament.

(2) If at the time of such dissolution thenotification of electoral districts has not beenproclaimed as required by Article 97, theelectoral districts for the first GeneralElection to be held upon the dissolution of thefirst Parliament, and the number of Memberswhich each such district shall be entitled toreturn by virtue of the provisions ofparagraph (4) of Article 96, shall be as setout in the Sixth Schedule and accordingly,registers of electors shall be prepared andcertified for each such electoral district, andunless Parliament otherwise provides, suchregisters shall be prepared on the basis of theregister of electors in force immediatelybefore the commencement of theConstitution.

163. All Judges of the Supreme Courtand the High Courts established by theAdministration of Justice Law, No. 44 of1973,* holding office on the day immediatelybefore the commencement of the Constitutionshall, on the commencement of theConstitution, cease to hold office.

164. Subject to the provisions of Article163 every person who immediately before thecommencement of the Constitution-

(a) held office in any court or tribunaldeemed, by virtue of the provisionsof paragraph (2) of Article 105, tobe a court or tribunal created andestablished by Parliament,

(b) was in the service of the Republic, anylocal authority or any publiccorporation,

(c) held office in any local authority orpublic corporation, or

(d) held any appointment under anyexisting written law,

shall continue in such service or hold suchoffice or appointment under the same termsand conditions.

Application ofcertainprovisions.

Judge ofSupreme Courtand HighCourt to ceaseto hold office.

Continuationin office ofJudges, publicofficers andothers.

• Repealed by Law No. 19 of 1977 and Acts No. 2 of 1978 and 15 of 1979.

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Cap.I] CONSTITUTION OF THE REPUBLIC

Oath oraffirmation tobe taken ormadeby publicofficers andothers.

Powers,privileges,immunities andrights of theRepublic.

165. (1) Every public officer, judicialofficer and every other person as is requiredby the Constitution to Lake an oath or makean affirmation on entering upon the duties ofhis office, every holder of an office requiredunder the existing law to take an official oathor affirmation and every person in the serviceof every local authority and of every publiccorporation shall take and subscribe the oathor make and subscribe the affirmation set outin the Fourth Schedule. Any such publicofficer, judicial officer, person or holder of anoffice failing to take and subscribe such oathor make and subscribe such affirmation afterthe commencement of the Constitution on orbefore such date as may be prescribed by thePrime Minister by Order published in theGazette shall cease to be in service or holdoffice.

(2) The Minister in charge of the subjectof Public Administration may, in his solediscretion, permit any public officer, judicialofficer, person or holder of an office referredto in paragraph (1) of this Article, to take theoath or make the affirmation referred to inthat paragraph after the prescribed date if heis satisfied that the failure to take the oath ormake the aff i rmation within the timeprescribed was occasioned by illness or someother unavoidable cause. On his taking suchoath or making such affirmation, he shallcontinue in service or hold office as if be hadtaken such oath or made such affirmationwithin the time prescribed under paragraph(1) of this Article.

(3) The President may by Proclamation-

(a) exclude the application of theprovisions of paragraph (1) of thisArticle to any category of publicofficers,

(b) prescribe the persons or categories ofpersons who may administer suchoath or affirmation in addition tothe persons who are empoweredunder the existing law to administeroaths or affirmations.

166. Unless Parliament otherwiseprovides, the Republic of Sri Lanka shallcontinue to possess and exercise all powers,privileges, immunities and rights whatsoeverpossessed, exercised or exercisableimmediately prior to the commencement ofthe Constitution.

167. All rights and all duties or Rights, dutiesobligations, howsoever arising, of the and obligationsGovernment of Sri Lanka and subsisting of theimmediately prior to the commencement of Republic.the Constitution shall be rights, duties andobligations of the Government of theRepublic of Sri Lanka under theConstitution.

168. (1) Unless Parliament otherwiseprovides, all laws, written laws and unwrittenlaws. in force immediately before thecommencement of the Constitution, shall,mutatis mutandis, and except as otherwiseexpressly provided in the Constitution,continue in force.

(2) Save as otherwise provided in theConstitution, existing laws, written laws andunwritten laws are not and shall not in anymanner be deemed to be provisions of theConstitution.

(3) Wherever the Constitution providesthat any law, written law or unwritten law orany provision of the Constitution shallcontinue in force until or unless Parliamentotherwise provides, any taw enacted byParliament so providing may be passed by amajority of the Members present and voting.

(4) Whenever the Constitution providesthat any provision of any existing written lawshall continue in force until or unlessParliament otherwise provides and theexisting written law referred to consists ofsubordinate legislation, the provision thatsuch existing written law shall continue inforce until or unless Parliament otherwiseprovides shall not in any manner be deemedto derogate from the power of the person orbody on whom the power to make and, whenmade, to amend, vary, rescind or revoke suchsubordinate legislation is conferred, toexercise the power so conferred until or unlessParliament otherwise provides.

(5) Unless the Constitution otherwiseprovides, the past operation of any law inforce prior to the commencement of theConstitution or anything duly done orsuffered or any offence committed or anyright, liberty, obligation or penalty acquiredor incurred under any law in force prior to thecommencement of the Constitution shall notin any manner be affected or be deemed to beaffected by the Constitution coming intoforce.

Past operationof laws,previous acts,offences, andpendingactions, &c.

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Provisionsrelating tojudiciary.

(6) All actions, prosecutions, proceedings,matters or things, including proceedings ofCommissions appointed or established by orunder any existing written law, pending oruncompleted on the commencement of theConstitution shall, subject to the provisions ofthe Constitution and, mutatis mutandis, bedeemed to continue and may be carried onand completed after the commencement ofthe Constitution.

169. Unless Parliament otherwiseprovides-

(1) any provisions of the Administrationof Justice Law, No. 44 of 1973,*which are inconsistent with theprovisions of the Constitution, shall,to the extent of such inconsistency,be deemed to be repealed ;

(2) the Supreme Court established by theAdministration of Justice Law, No.44 of 1973,* shall , on thecommencement of the Constitution,cease to exist, and accordingly theprovisions of that Law relating tothe establishment of the saidSupreme Court, shall be deemed tohave been repealed. Unlessotherwise provided in theConstitution, every reference in anyexisting written law to the SupremeCourt shall be deemed to be areference to the Court of Appeal;

(3) all appellate proceedings includingproceedings by way of revision, casestated and restitutio in integrumpending in the Supreme Courtestablished under theAdministration of Justice Law, No.44 of 1973,* on the day precedingthe commencement of theConstitution, shall stand removed tothe Court of Appeal and the Courtof Appeal shall have jurisdiction totake cognizance of and to hear anddetermine the same ; and thejudgments and orders of theSupreme Court aforesaid deliveredor made before the commencementof the Constitution in appellateproceedings shall have the sameforce and effect as if they had beendelivered or made by the Court ofAppeal;

(4) all original proceedings by way ofapplications for the issue of highprerogative Writs and applicationsfor any other relief pending in theSupreme Court as well as allapplications for injunctions pendingin the High Court established underthe Administration of Justice Law,No. 44 of 1973,* on the dateimmediately preceding thecommencement of the Constitutionshall stand removed to the Court ofAppeal and such Court shall havejurisdiction to take cognizance of,hear and determine or to continueand complete the same, and thejudgments and orders of theSupreme Court established underthe Administration of Justice Law,No. 44 of 1973,* delivered or madebefore the commencement of theConstitution in original proceedingsshall have the same force and effectas if they had been delivered ormade by the Court of Appeal:

Provided that any proceedings inrelation to any alleged breach ofprivileges of Parliament pending inthe Supreme Court shall standremoved to the Supreme Courtcreated and established by theConstitution ;

(5) no appeal shall lie from any judgment,order or decree of the SupremeCourt established under theAdministration of Justice Law, No.44 of 1973,* to the Supreme Courtcreated and established under theConstitution but such judgment.order or decree, as the case may be,shall be final as between the partiesto the action, application or otherproceeding in which such judgment,order or decree was made :

Provided that it shall becompetent for the Court of Appealand all officers of such Court totake all such steps as may benecessary, including the entering ofdecrees if not already entered andtaxation and recovery of costs so asto ensure that such judgments,orders and decrees are completely

* Repealed by Law No. 19 of 1977 and Acts Nos. 2 of 1978 and 15 of 1979.

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and effectively complied with, as ifthey had been delivered or made bythe Court of Appeal created andestablished by the Constitution ;

(6) the several High Courts establishedunder Chapter I of theAdministration of Justice Law, No.44 of 1973,* shall be deemed for allpurposes to constitute a single courtcreated and established byParliament called the High Court ofthe Republic of Sri Lanka havingjur isdict ion throughout theRepublic of Sri Lanka to beexercised in the several zones inaccordance with the law for thetime being i n , force. Accordingly,subject to the provisions of theConstitution, and of any existingwritten law, all provisions relatingto High Courts contained in suchLaw shall, mutatis mutandis, applyto the High Court of the Republicof Sri Lanka;

(7) all criminal and admiralty cases,proceedings or matters, other thanapplications for in junct ions ,pending in the High Courtsestablished under theAdministration of Justice Law, No.44 of 1973,* on the day precedingthe commencement of theConstitution shall stand removed tothe said High Court of the Republicof Sri Lanka and such Court shallhave jurisdiction to take cognizanceof, hear and determine or tocontinue and complete the same,and the judgments and orders of theaforesaid High Courts delivered ormade before the commencement ofthe Constitution shall have the sameforce and effect as if they had beendelivered or made by the HighCourt of the Republic of SriLanka;

(8) the President of the Court of Appealshall from time to time as he maydeem expedient nominate theJudges of the High Court of theRepublic of Sri Lanka to exercisethe jurisdiction of the High Court in

such zones as he may determine andthe provisions of Chapter II of theAdministration of Justice Law, No.44 of 1973,* shall, mutatismutandis, apply to the hearing anddisposal of all proceedings pendingin or hereafter instituted in theHigh Court;

(9) all indictments filed hereafter in theHigh Court of the Republic of SriLanka shall be in the name of theRepublic of Sri Lanka and shall besigned by the Attorney-General orany person authorized under section189 of the Administration of JusticeLaw, No. 44 of 1973;*

(10) all election petition proceedingsrelating to the election of anyperson to the membership of theNational State Assembly pendingin the High Courts establishedunder the Administration of JusticeLaw, No. 44 of 1973,* on the daypreceding the commencement of theConstitution, shall stand removed tothe Court of Appeal and the Courtof Appeal shall have the samejurisdiction to take cognizance of,hear and determine or to continueand complete the same, and thejudgments and orders of theSupreme Court established by theAdministration of Justice Law, No.44 of 1973,* and of the High Courtsaforesaid delivered or made beforethe commencement of theCons t i tu t ion in such electionpetition proceedings shall have thesame force and effect as if they hadbeen delivered or made by theSupreme Court and the Court ofAppeal established by theConstitution, as the case may be.The President of the Court ofAppeal is hereby vested with thepower to nominate a Judge of theCourt of Appeal to hear anddetermine any election petition inrespect of which the Court ofAppeal is vested with jurisdiction bythe Constitution ;

* Repealed by Law No. 19 of 1977 and Acts Nos. 2 of 1978 and 15 of 1979.

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(11 ) all attorneys-at-law admitted andenrolled or deemed to have beenadmit ted and enrolled asa t to rneys-a t - law under theprovisions of the Administration ofJustice Law, No. 44 of 1973,* shallsubject to the provisions of theConstitution be deemed to havebeen admitted and enrolled asattorneys-at-law of the SupremeCourt created and established bythe Constitution;

(12) after the date'fixed by the Minister incharge of the subject of Justice, byOrder published in the Gazette, noattorney-at-law shall be entitled torepresent any party to a proceedingor be given the right of audience inany cour t , t r i b u n a l or otherinstitution until or unless he hastaken and subscribed the oath ormade and subscribed theaffirmation set out in the FourthSchedule, before a Judge of theSupreme Court, Court of Appeal,High Court or any other judicialofficer as defined in Article 114;and it shall be the duty of any suchJudge or judicial officer, as the casemay be, to forward such oath oraffirmation so taken and subscribedor made and subscribed to theRegistrar of the Supreme Courtwho shall cause the same to beentered in the rolls of such Court.Such entry shall be the only proofthat such attorney-at-law has takenand subscribed or made andsubscribed such oath oraffirmation;

(13) the provisions of the Administrationof Justice Law, No. 44 of 1973,*relating to the Attorney-General,the legal profess ion, StateAttorneys and State Counsel, shaHbe deemed for all purposes to be inoperation, and every reference tothe Supreme Court in sections 33 to36 of the Administration of JusticeLaw, No. 44 of 1973.* and in therules and r egu la t ions re la t ing

thereto shall be deemed to be areference to the Supreme Courtestablished by the Constitution ;

(14) if any matter or question shall arisewith regard to any procedure orpractice to be followed in any courtin consequence of the coming intooperation of the Constitution, notprovided for in the Constitution orany written law, the Chief Justiceshall have the power to give suchdirections as he may considernecessary to prevent injustice or asthe justice of the case may requireand to ensure that the provisions ofChapters XV and XVI of theConstitution are given full andcomplete effect;

(15) (i) any reference in section 2 ofthe Special PresidentialCommissions of Inquiry Law to theSupreme Court shall be deemed tobe a reference to the SupremeCourt established by theConstitution;

(ii) where any person has been appointedas a member of a SpecialPresidential Commission of Inquiryestablished under the SpecialPresidential Commissions ofInquiry Law, then, such personshall, no twi ths tand ing theprovisions of the Constitution,continue to be such member andshall be deemed for the purposes ofArticle 81 (1) to be a Judge of aCourt referred to therein unless heresigns, or refuses or becomesunable to act, or is discharged bythe President from the performanceof his duties as such member inaccordance with the provisions ofthe Special PresidentialCommissions of Inquiry Law ;

(iii) any such member specified in theWarrant establishing such SpecialPresidential Commission of Inquiryas Chairman, shall, subject to theprovisions of sub-paragraph (ii) ofthis paragraph, continue to be theChairman of such SpecialPresidential Commission ofInquiry ;

• Repealed by Law No. 19 of 1977 and Ads Nos. 2 of 1978 and 15 of 1979.+ 15th October. 1978 - vide Gazette No. 1/2 of 1978.09.07.

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(16) (i) any breach of the privileges ofthe National State Assemblyfunctioning immediately prior tothe commencement of theConstitution shall be deemed to be abreach of the pr iv i leges ofPar l i ament , and accordinglyParliament and the Supreme Courtshall have the power to takecognizance of and punish anyperson for such breach of privilegesof Parliament;

(ii) where prior to the commencement ofthe Constitution, any step requiredor authorized by the Parliament(Powers and Privileges) Act* hasbeen taken in respect of or inrelation to, any act or omissionalleged to constitute such a breachof the privileges of Parliament as isreferred to in sub-paragraph (i) ofthis paragraph, such step shall bedeemed to have been validly taken,and any fu r the r steps as arerequired or authorized under suchAct may be taken in respect of, orin relation to, such alleged breach ofthe privileges of Parliament, as ifthe act or omission alleged toconstitute such breach of pivilegesof Parliament had been committedor had occurred after thecommencement of theConstitution.

CHAPTER XXIIINTERPRETATION

Interpretation. 170. In the Constitution-

" civic disability " shall have the samemeaning as in the SpecialPresidential Commissions ofInqui ry Law as on thecommencement of theConstitution ;

"commencement of the Constitution"means the date appointed by theProclamation made under Article172;

" conclusion of the General Election "means the time at which Membersof Parliament for all the electoraldistricts in respect of which a pollhas been taken on the date or datesspecified in the Proclamation madeunder Article 70 (5) have beendeclared elected by the respectivereturning officers, or when on theresults declared more than half thetotal membership of Parliamentconsists of Members belonging toany single recognized political partyor independent group, whicheverevent occurs earlier;

" existing law " and " existing written law "mean any law, and written law,respectively, in force immediatelybefore the commencement of theCons t i tu t ion which under theConstitution continue in force ;

" judicial officer ", other than in Article114, means any person who holdsoffice as-

(a) a Judge of the Supreme Courtor a Judge of the Court ofAppeal;

(b) any Judge of the High Court orany judge, presiding officeror member of any otherCourt of First Instance,t r i b u n a l or ins t i tu t ioncreated and established forthe administration of justiceor for the adjudication ofany labour or other disputebut does not include a personwho performs a rb i t r a lfunctions or a public officerwhose pr incipal duty orduties is or are not theperformance of functions ofa judicial nature.

No court or tribunal ori n s t i t u t i o n shal l havejurisdiction to determine thequestion whether a person isa judicial officer within themeaning of the Constitutionbut such question shall be

*See section 6 of the Revision of the legislative Enactments Act and the Schedule to that Act.+7lh September, 1978-vide Proclamation in Gazette No, 332/11 of 1978.09.01. "Commencement" in thisdefinition is equivalent to "operation".

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determined by the JudicialService Commission whosedecision thereon shall befinal and conclusive.

No act of such person orproceeding held before suchperson, prior to suchdeterminat ion, shall bedeemed to be invalid byreason of suchdetermination;

" law " means any Act of Parliament andany law enacted by any legislatureat any time prior to thecommencement of the Constitutionand includes an Order in Council;

" local authority " means any MunicipalCouncil, Urban Council, TownCouncil or Village Council and ,includes any Authority created andestablished by or under any law toexercise, perform and dischargepowers, dut ies and funct ionscorresponding to or similar to thepowers, duties and funct ionsexercised, performed anddischarged by any such Council;

" publ ic corporation " means anycorporation, board or other bodywhich was or is established by orunder any written law other thanthe Companies Ordinance, withfunds or capital wholly or partlyprovided by the Government by wayof grant, loan or otherwise;

" public officer " means a person who holdsany paid office under the Republic,other than a judicial officer butdoes not include -(a) the President;(b) the Speaker;(c) a Minister;(d) a Member of the Judicial

Service Commission;(e) a Member of the Public Service

Commission ;(f) a Deputy Minister;(g) a Member of Parliament;(h) the Secretary-General of

Parliament:

(i) a Member of the President'sstaff;

(j) a Member of the staff of theSecretary-General ofParliament;

" recognized political party " means unlessParliament otherwise provides,every political party which istreated as a recognized politicalparty under the Ceylon(Parliamentary Elections) Order inCouncil, 1946;*

" territorial waters " includes the territorialsea and the historic waters of SriLanka:

" written law " means any law andsubordinate legislation and includesOrders, Proclamations, Rules,By-laws and Regulations made orissued by any body or person havingpower or authority under any law tomake or issue the same.

CHAPTER XXIII

REPEAL

171. The Constitution adopted and Repealenacted on the 22nd day of May, 1972, ishereby repealed.

CHAPTER XXIV

PROMULGATION OF THECONSTITUTION

172. (I) The provisions of Chapter I toChapter XXIII shall come into force on theday appointed by the President byProclamation.!

(2) Parliament shall meet on the day soappointed and the President may, in suchProclamation, specify the time at whichParliament shall so meet.

Devo vassathukalenasassasampattihotu caphitu bhavatu loko ca

raja bhavatu dhammiko

SIDDHIRASTU

Promulgationof theConstitution

*See section 6 of the Revision of the Legislative Enactments Act and the Schedule to that Act.+7th September, 1978-vide Proclamation in Gazette No. 332/11 of 1978.09.01. The expression "come into force"

in this Article is equivalent to "take effect".

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FIRST SCHEDULE

ARTICLE 5

Names of Administrative Districts

1. Colombo2. Gampaha3. Kalutara4. Kandy5. Matale6. Nuwara Eliya7. Galle8. Matara9. Hambantota

10. Jaffna11. Mannar12. Vavuniya13. Mullaitivu14. Batticaloa15. Ampara16. Trincomalee17. Kurunegala18. Puttalam19. Anuradhapura20. Polonnaruwa21. Badulla22. Moneragala23. Ratnapura24. Kegalle

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THIRD SCHEDULE

ARTICLE 7

Words and Music of the National Anthem

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FOURTH SCHEDULE

ARTICLES 32, 53. 61, 107, 165

I .........................................................................................................................................................................................................d.osolemnly declare and affirm_______________________ that I will faithfully perform the duties and discharge

swearthe functions of the office of.................................................................................................................................. inaccordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the law, and that Iwill be fai thful to the Republic of Sri Lanka and that I will to the best of my ability uphold and defend theConstitution of the Democratic Socialist Republic of Sri Lanka.

FIFTH SCHEDULE

ARTICLE 114 (6)

ClerksFiscalsInterpretersStenographersTypistsBinders

SIXTH SCHEDULE

ARTICLE 162 (2)

Colombo City and Dehiwela-Mount Lavinia (Municipal Limits) .. I MemberColombo District (excluding Colombo City and Dehiwela-Mount Lavinia) .. 2 MembersKalutara District .. .. .. 1 MemberKandy District .. 2 MembersMatale District .. . 1 MemberNuwara-Eliya District .. .. . 1 MemberGalle District .. .. .. 2 MembersMatara District 1 MemberHambantota District .. .. .. 1 MemberJaffna District .. ,. 3 MembersMannar and Vavuniya Districts .. .. .. 1 MemberBatticaloa District .. .. .. I MemberTrincomalee District .. .. .. 1 MemberAmpara District .. .. .. 2 MembersKurunegala District .. .. .. 3 MembersPul la lam District .. .. I MemberAnuradhapura District .. .. 3 MembersPolonnaruwa District .. .. .. 1 MemberBadulla Disrtrict .. .. 3 MembersMonaragala District. .. . 1 MemberKegalle District .. .. .. 2 MembersRatnapura District .. ... ..2 Members

"District" means the Administrative District established under the Administrative Districts Act, having thelimits specified thereunder as on July 21. 1977.

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