THE GAZETTE OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI … · 2015-03-24 · THE GAZETTE OF THE...

THE GAZETTE OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

Part II of March 13, 2015

SUPPLEMENT

(Issued on 16. 03. 2015)

NINETEENTH AMENDMENT TOTHE CONSTITUTION

A

BILL

Ordered to be Published by the Prime Minister and Minister of PolicyPlanning, Economic Affairs, Child , Youth and Cultural Affairs

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5

Price : Rs. 43.00 Postage : Rs. 30.00

to amend the Constitution of the Democratic Socialist Republic of Sri Lanka

1Nineteenth Amendment to the Constitution

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2—PL 008847—500 (03/2015)

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L.D.—O. 20/2015.

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC

SOCIALIST REPUBLIC OF SRI LANKA

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

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

(2) The provisions of sections 3, 4, 5, 6, 7, 8, 9, 11 (otherthan paragraph (1) of Article 46), 17, 19, 20, 21, 23, 33, 34,35, 36, 37 and 38 of this Act shall come into force on April22, 2015 and the other sections shall come into force on thedate on which this Act comes into operation.

(3) The provisions of section 11 of this Act, in so far as itrelates to paragraph (1) of Article 46 of the Constitution ofthe Democratic Socialist Republic of Sri Lanka shall comeinto force upon the conclusion of the general election heldimmediately after the date on which this Act comes intooperation.

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

14A. (1) Every citizen shall have the right ofaccess to any information held by:-

(a) the State, a Ministry or any GovernmentDepartment or any statutory bodyestablished or created by or under anylaw;

Short titleand date ofoperation.

Insertion ofnew Article14A in theConstitutionof theDemocraticSocialistRepublic ofSri Lanka.“Right of

access toinformation.

Nineteenth Amendment to the Constitution2

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(b) any Ministry of a Province or anyDepartment or statutory bodyestablished or created by a statute of aProvincial Council;

(c) any local authority; and

(d) any other person,

being information that is required for theexercise or protection of the citizen’s rights.

(2) No restrictions shall be placed on the right declaredand recognized by this Article, other than such restrictionsprescribed by law as are necessary in a democratic society,in the interests of national security, territorial integrity orpublic safety, for the prevention of disorder or crime, for theprotection of health or morals and of the reputation or therights of others, privacy, for preventing the disclosure ofinformation received in confidence, or for maintaining theauthority and impartiality of the judiciary.

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

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

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

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

Replacementof Article 30of theConstitution.

“ThePresident ofthe Republic

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

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

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

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

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

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

(b) by the repeal of item (iii) of sub-paragraph (c)of that paragraph and the substitution thereforof the following item:-

“(iii) If by reason of the death referred toin sub-paragraph (i) there is avacancy in the office of President,the Speaker shall act in the office ofPresident:

Provided that if the office of theSpeaker be then vacant or theSpeaker is unable to act, the DeputySpeaker shall act in the office ofPresident.”; and

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Amendmentof Article 31of theConstitution.


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

(3) by the repeal of paragraphs (b) and (c) of the provisotoparagraph (4) of that Article, and the substitutiontherefor the following paragraphs:-

“(b) where the President in office is not acandidate or is not re-elected at a poll for theelection of a President, his or her term of officeshall be deemed to have expired on the dateon which the result of such election isdeclared. The person elected as President atsuch election shall assume office forthwith,but not later than two weeks from such date:

Provided that the President in office,notwithstanding anything to the contrary inArticle 30, shall continue to exercise, performand discharge the powers, duties andfunctions 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 Speaker or if the officeof Speaker be then vacant, or if the Speaker isunable to act, the Deputy Speaker commencesto act in the office of President;

(c) if by reason of the death referred to inparagraph (a) there is a vacancy in the officeof President the Speaker shall act in the office

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of President during the period between theoccurrence of such vacancy and theassumption of office by the new President:

Provided that if the office of the Speakerbe then vacant or the Speaker is unable toact, the Deputy Speaker shall act in the officeof the President;”.

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

33. (1) The President shall be the symbol ofnational unity.

(2) It shall be the duty of the President to:-

(a) ensure that the Constitution isrespected and upheld by all organsof Government;

(b) ensure and facilitate the preservationof religious and ethnic harmony;

(c) promote national reconciliation andintegration;

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

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

(3) In addition to the powers, duties andfunctions expressly conferred or imposed on,


“Duties,powers andfunctions ofthe President.

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or assigned to the President by the Constitutionor other written law, the President shall havethe power:-

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

(b) to preside at ceremonial sittings ofParliament;

(c) to summon, prorogue and dissolveParliament;

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

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

(f) to keep the Public Seal of theRepublic, and to make and executeunder the Public Seal, the acts ofappointment of the Prime Ministerand other Ministers of the Cabinetof Ministers, the Chief Justice andother judges of the Supreme Court,

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the President of the Court of Appealand other judges of the Court ofAppeal, and such grants anddispositions of lands and otherimmovable property vested in theRepublic as the President is by lawrequired or empowered to do, and touse the Public Seal for sealing allthings whatsoever that shall pass thatSeal;

(g) to declare war and peace; and

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

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

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

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

35. (1) Where any person holds office asPresident of the Republic of Sri Lanka, no civilor criminal proceedings shall be instituted orcontinued against the President in respect of

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Insertion ofnew Article

33A in theConstitution.


“President toberesponsibletoParliament.

“Immunityof Presidentfrom suit.

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anything done or omitted to be done by thePresident, either in his or her official or privatecapacity:

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

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

(2) Where provision is made by law limitingthe time within which proceedings of anydescription may be instituted against anyperson, a period of time during which suchperson holds the office of President of theRepublic of Sri Lanka shall not be taken intoaccount in calculating any period of timeprescribed by that law.

(3) The immunity conferred by theprovisions of paragraph (1) shall not apply toproceedings in the Supreme Court under Article130 (a) relating to the election of the Presidentor the validity of a referendum.”.

8. Article 37 of the Constitution is hereby repealedand the following Article substituted therefor:-

37.(1) Whenever the President by reason ofany illness, absence from Sri Lanka or any othercause is unable to exercise, perform or

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Replacementof Articles 37of theConstitution.

“ActingPresident.


discharge the powers, duties and functions ofthe office of President,Speaker shall act in theoffice of President during such period. If theoffice of Speakerbe then vacant or the Speakeris unable to act, the Deputy Speaker shall actin the office of President.

(2) The provisions of the Constitution(other than the provisions of paragraph (2) ofArticle 32) shall apply, insofar as they can beapplied, to a person acting in the office ofPresident.

9. Articles 39 and 40 of the Constitution are herebyrepealed and the following Articles are substitutedtherefor :-

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

(a) the election of the President is voidand does not determine that anyother person was duly elected, thena vacancy shall be deemed to haveoccurred in the office of Presidentand an election shall be held to fillsuch vacancy in accordance withArticle 40, not later than one monthfrom the date of such determination;or

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

(2) Upon the Supreme Court making anysuch determination as is referred to in sub-paragraph (a) of paragraph (1), the person who

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ReplacementofArticles 39and 40 of theConstitution.

“Determinationby theSupremeCourt thatPresident isnotduly elected.

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was exercising, performing and discharging thepowers., duties and functions of the office ofPresident shall forthwith cease to exercise,perform and discharge such powers, duties andfunctions. During the period interveningbetween the date of such determination andthe assumption of office by the new President,the Speaker shall act in the office of President:

Provided that if the office of the Speakerbe then vacant or the Speaker is unable to act,the Deputy Speaker shall act in the office ofPresident.

(3) For the purpose of paragraph (2) ofArticle 30 and notwithstanding the provisionsof paragraph (4) of Article 31, the term of officeof the new President shall be deemed to havecommenced on the date on which the term ofoffice of the person whose election wasdetermined to have been void or undue, would,but for such determination have commenced.

(4) The exercise, performance and dischargeby any person of the powers, duties andfunctions of the office of President, shall notbe invalid by reason only of the fact that theSupreme Court subsequently determines thatthe election of such person as President wasvoid or undue.

(5) The provisions of this Article shall applynotwithstanding anything to the contrary inArticle 40.

40. (1) (a) If the office of President shallbecome vacant prior to the expiration of his orher term of office, Parliament shall elect asPresident one of its Members who is qualified

Vacation ofoffice byPresident andelection ofsuccessor.


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to be elected to the office of President. Anyperson so succeeding to the office of Presidentshall hold office only for the unexpired periodof the term of office of the President vacatingoffice.

(b) An election to fill such vacancy shall beheld as soon as possible after, and in no caselater than one month from, the date ofoccurrence of the vacancy. Such election shallbe by secret ballot and by an absolute majorityof the votes cast in accordance with suchprocedure as 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 the assumptionof office by the new President the Speaker shallAct in the office of President:

Provided that if the office of the Speakerbethen vacant or the Speaker is unable to act, theDeputy Speaker shall act in the office ofPresident.

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

(3) Parliament shall by law provide for allmatters relating to the procedure for theelection of the President by Parliament and allother matters necessary or incidental thereto.

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Replacementof ChapterVIIA of theConstitution.

Until Parliament so provides, the PresidentialElections (Special Provisions) Act, No 2 of1981 shall apply to such election.”.

10. Chapter VIIA of the Constitution is hereby repealed andthe following Chapter substituted therefor:-

“CHAPTER VIIA

THE CONSTITUTIONAL COUNCIL

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

(a) the Prime Minister;

(b) the Speaker;

(c) the Leader of the Opposition inParliament;

(d) one person appointed by thePresident;

(e) five persons appointed by thePresident, on the nomination of boththe Prime Minister and the Leaderof the Opposition; and

(f) one person nominated by agreementof the majority of the Members ofParliament belonging to politicalparties or independent groups, otherthan the respective political partiesor independent groups to which thePrime Minister and the Leader of theOpposition belong, and appointedby the President.

Constitutionof theConstitutionalCouncil.


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

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

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

(5) The persons to be appointed ornominated under sub-paragraphs (d), (e) and(f) of paragraph (1) shall be persons of eminenceand integrity who have distinguishedthemselves in public or professional life andwho are not members of any political party.

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

(7) (a) On the dissolution of Parliament,notwithstanding the provisions of paragraph(2) of Article 64, the Speaker shall continue to

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hold office as a member of the Council, until aMember of Parliament is elected to be theSpeaker under paragraph (1) of the aforesaidArticle;

(b) Notwithstanding the dissolution ofParliament, the Prime Minister and the Leaderof the Opposition shall continue to hold officeas members of the Council, until such time aftera General Election following such dissolution,a Member of Parliament is appointed as PrimeMinister or recognized as the Leader of theOpposition in Parliament, as the case may be.

(8) Every member of the Council appointedunder sub-paragraphs (d), (e) and (f) ofparagraph (1), shall hold office for a period ofthree years from the date of appointment unlessthe member earlier resigns his or her office bywriting addressed to the President, is removedfrom office by the President on both the PrimeMinister and the Leader of the Oppositionforming an opinion that such member isphysically or mentally incapacitated and isunable to function further in office or isconvicted by a court of law for any offenceinvolving moral turpitude or if a resolution forthe imposition of civic disability upon him orher has been passed in terms of Article 81 ofthe Constitution or is deemed to have vacatedhis or her office under paragraph (7) of Article41E.

(9) In the event of there being a vacancyamong the members appointed under sub-paragraphs (d), (e) or (f)) of paragraph (1), thePresident shall, within two weeks of theoccurrence of such vacancy and having regardto the provisions of the aforementioned sub-


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paragraphs, appoint another person to succeedsuch member. Any person so appointed, shallhold office during the unexpired part of theperiod of office of the member whom he or shesucceeds.

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

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

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

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

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

Council torecommendappointments.

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

(a) the persons recommended underparagraph (3), shall deemed to havebeen appointed as the members ofthe Commissions; and

(b) the person whose name appears firstin the list of names recommendedunder paragraph (3), shall be deemedto have been appointed theChairman of the respectiveCommission,

with effect from the date of expiry of suchperiod.

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

SCHEDULE

(a) The Election Commission.

(b) The Public Service Commission.

(c) The National Police Commission.


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(d) The Audit Service Commission.

(e) The Human Rights Commission of SriLanka.

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

(g) The Finance Commission.

(h) The Delimitation Commission.

(i) The National Procurement Commission.

(j) The University Grants Commission.

(k) The Official Languages Commission.

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

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

Provided that no person shall be appointedto act in any such office for successive periodsnot exceeding fourteen days, unless suchacting appointment has been approved by theCouncil on a recommendation by the President.

(3) No person appointed to any Officespecified in the Schedule to this Article or to

Council toapproveappointments.


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act in any such Office, shall be removed fromsuch Office except as provided for in theConstitution or in any law.

(4) In the discharge of its function relatingto the appointment of Judges of the SupremeCourt and the President and Judges of the Courtof Appeal, the Council shall obtain the viewsof the Chief Justice, the Minister in charge ofthe subject of Justice, the Attorney-General andthe President of the Bar Association ofSri Lanka.

SCHEDULE

PART I

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

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

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

PART II

(a) The Attorney-General.

(b) The Auditor-General.

(c) The Inspector-General of Police.

(d) The Parliamentary Commissioner forAdministration (Ombudsman).

(e) The Secretary-General of Parliament.


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41D. (1) There shall be a Secretary-Generalto the Council who shall be appointed by theCouncil for a term of five years. Upon theexpiration of his or her term of office, theSecretary General shall be eligible forreappointment.

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

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

(2) The Chairman shall preside at allmeetings of the Council and in the absence ofthe Chairman, the Prime Minister, and in theabsence of the Prime Minister, the Leader ofthe Opposition shall preside at the meetings ofthe Council. When the Chairman, the PrimeMinister and the Leader of the Opposition areall absent from any such meeting, the memberspresent shall elect a member from amongthemselves to preside at such meeting.

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

(4) The Council shall endeavour to makeevery recommendation, approval or decisionit is required to make by unanimous decisionand in the absence of an unanimous decision,

Secretary-General andother officersof theCouncil.

Meetings ofthe Council.

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no recommendation, approval or decision madeby the Council shall be valid, unless supportedby not less than five members of the Councilpresent at such meeting.

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

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

(7) Any member of the Council appointedunder sub-paragraphs (d), (e), or (f) of paragraph(1) of Article 41A, who without obtaining priorleave of the Council absents himself or herselffrom three consecutive meetings of the Council,shall be deemed to have vacated office witheffect from the date of the third of suchmeetings.

(8) The Council shall have the power to actnotwithstanding the fact that it has not beenfully constituted or that there is a vacancy inits membership, and no act, proceeding ordecision of the Council shall be or deemed tobe invalid by reason only of the fact that theCouncil has not been fully constituted or thatthere has been a vacancy in its membership orthat there has been any defect in theappointment of a member.


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

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

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

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

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

41I. Subject to the provisions of Article 126,no court shall have the power or jurisdiction toentertain, hear or decide or call in question, onany ground whatsoever, or in any mannerwhatsoever, any decision of the Council or anyapproval or recommendation made by theCouncil, which decision, approval orrecommendation shall be final and conclusivefor all purposes.”.

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

Continuationin office ofthe membersof theCouncil.

Powers andduties of theCouncil.

Expenses tobe chargedon theConsolidatedFund.

Replacementof ChapterVIII of theConstitution.

Finality ofdecisions ofthe Council.

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“CHAPTER VIII

THE EXECUTIVE

THE CABINET OF MINISTERS

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

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

(3) The Prime Minister shall be the head ofthe Cabinet of Ministers.

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

43. (1) The Prime Minister shall determinethe number of Ministers of the Cabinet ofMinisters, and the Ministries and theassignment of subjects and functions to suchMinisters.

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

(3) The Prime Minister may at any timechange the assignment of subjects and functionsand recommend to the President changes inthe composition of the Cabinet of Ministers.Such changes shall not affect the continuity ofthe Cabinet of Ministers and the continuity ofits responsibility to Parliament.

PrimeMinister andthe Cabinetof Ministers.

Ministers andtheir subjectsand

functions.


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

(2) The Prime Minister shall determine thesubjects and functions which are to be assignedto Ministers appointed under paragraph (1) ofthis Article, and the Ministries, if any, whichare to be in charge of, such Ministers.

(3) The Prime Minister may at any timechange any assignment made under paragraph(2).

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

(5) At the request of the Prime Minister, anyMinister of the Cabinet of Ministers may byNotification published in the Gazette, delegateto any Minister who is not a member of theCabinet of Ministers, any power or dutypertaining to any subject or function assignedto such cabinet Minister, or any power or dutyconferred or imposed on him or her by anywritten law, and it shall be lawful for such otherMinister to exercise and perform any power orduty delegated notwithstanding anything tothe contrary in the written law by which thatpower or duty is conferred or imposed on suchMinister of the Cabinet of Ministers.

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

DeputyMinisters.

Ministerswho are notmembers ofthe Cabinetof Ministers.

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(2) Any Minister of the Cabinet of Ministersmay at the request of the Prime Minister andby Notification published in the Gazette,delegate to any Deputy Minister, any power orduty pertaining to any subject or functionassigned to him or her or any power or dutyconferred or imposed on him or her by anywritten law, and it shall be lawful for suchDeputy Minister to exercise and perform anypower or duty delegated notwithstandinganything to the contrary in the written law bywhich that power or duty is conferred orimposed on such Minister.

46. (1) The total number of:-

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

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

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

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

(b resigns from office by a writingunder his or her hand addressed tothe President; or

(c) ceases to be a Member of Parliament.

Limitation ofnumbers andtenure ofoffice ofMinisters andDeputyMinisters.


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(3) If at the conclusion of the GeneralElection held immediately after the cominginto force of this Article, the recognizedpolitical party or the independent groupobtaining the highest and the recognizedpolitical party or the independent groupobtaining the second highest number of seatsin Parliament agrees to form a Government ofnational unity, then, notwithstanding theprovisions of paragraph (1), the number ofMinisters of the Cabinet of Ministers and thenumber of Ministers outside of the Cabinet ofMinisters and the Deputy Ministers, may beincreased up to forty-five and fifty-five,respectively, if Parliament agrees to suchincrease, within two weeks of the first sittingof such Parliament.

47. (1) The Cabinet of Ministers functioningimmediately prior to the dissolution ofParliament shall, notwithstanding suchdissolution, continue to function and shallcease to function upon the conclusion of theGeneral Election and accordingly, the PrimeMinister and the Ministers of the Cabinet ofMinisters, shall continue to function unlessthey cease to hold office as provided in sub-paragraph (a) or (b) of paragraph (2) of Article46.

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

Cabinet ofMinistersafterdissolution ofParliament.

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one such Minister to exercise, perform anddischarge the powers, duties and functions ofthe Prime Minister.

(3) On the death, removal from office orresignation, during the period interveningbetween the dissolution of Parliament and theconclusion of the General Election, of aMinister of the Cabinet of Ministers, thePresident may, on the advice of the PrimeMinister, appoint any other Minister to be theMinister in charge of the Ministry of suchMinister or to exercise, perform and dischargethe powers, duties and functions of suchMinister.

48. (1) On the Prime Minister ceasing tohold office by death, resignation or otherwise,except during the period intervening betweenthe dissolution of Parliament and theconclusion of the General Election, the Cabinetof Ministers shall, unless the President has inthe exercise of his powers under Article 70,dissolved Parliament, stand dissolved and thePresident shall appoint a Prime Minister,Ministers of the Cabinet of Ministers, otherMinisters and Deputy Ministers in terms ofArticles 42, 43, 44 and 45:

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

Dissolutionof theCabinet of

Ministers.


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(2) If Parliament rejects the Statement ofGovernment Policy or the Appropriation Billor passes a vote of no-confidence in theGovernment, the Cabinet of Ministers shallstand dissolved, and the President shall,unless he has in the exercise of his powersunder Article 70, dissolved Parliament, appointa Prime Minister, Ministers of the Cabinet ofMinisters, other Ministers and Deputy Ministersin terms of Articles 42, 43, 44 and 45.

49. Whenever a Minister of the Cabinet ofMinisters, other Minister appointed underArticle 44 or a Deputy Minister is unable todischarge the functions of his or her office, thePresident may, on the advice of the PrimeMinister, appoint any Member of Parliament toact in the place of such Minister of the Cabinetof Ministers, other Minister or Deputy Minister.

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

(2) The Secretary shall, subject to thedirection of the Prime Minister, have charge ofthe office of the Cabinet of Ministers, and shalldischarge and perform such other functions andduties as may be assigned to him or her by thePrime Minister or the Cabinet of Ministers.

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

(2) The Secretary shall have charge of theoffice of the Prime Minister and shall performand discharge the duties and functions of hisor her office, subject to the directions of thePrime Minister.

Secretary tothe PrimeMinister.

Secretary tothe Cabinetof Ministers.

ActingMinisters andDeputyMinisters.

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

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

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

(4) For the purposes of this Article, theoffice of the Secretary to the President, theoffice of the Secretary to the Cabinet ofMinisters, the office of the Auditor General,the office of the Parliamentary Commissionerfor Administration (Ombudsman), the office ofthe Secretary General of Parliament, theConstitutional Council, and the Commissionsreferred to in the Schedule to Article 41B shallbe deemed not to be departments ofGovernment.

53. Every person appointed to any officereferred to in this Chapter shall not enter uponthe duties of his or her office until he or shetakes and subscribes the oath, or makes andsubscribes the affirmation, set out in the FourthSchedule.”.

Secretaries toMinistries.

Official oathandaffirmation.


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

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


“(4) Every member of the Commission shallhold office for a period of three years from thedate of appointment, unless the member becomessubject to any disqualification under paragraph(2) or earlier resigns from his or her office bywriting addressed to the President or is removedfrom office by the President with the approval ofthe Constitutional Council or is convicted by acourt of law of any offence involving moralturpitude or if a resolution for the imposition ofcivic disability upon the member has been passedin terms of Article 81 or is deemed to have vacatedhis or her office under paragraph (6).”; and


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


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to the Commission for a period not exceedingtwo months and shall, for the duration of suchperiod, on the recommendation of theConstitutional Council, appoint a personqualified to be a member of the Commission, tobe a temporary member for the period of suchleave.”.

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

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

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

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

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

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

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

(2) The holders of the Offices of AttorneyGeneral and the Inspector General of Police



Amendmentof Article61A of theConstitution.

Replacementof Article 61E

and 61F oftheConstitution.“Appointments

by thePresident.

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shall retire from their respective Office, upontheir attaining the age of sixty years.

61F. For the purposes of this Chapter “publicofficer” does not include a member of the Army,Navy, or Air Force, an officer of the ElectionCommission appointed by such Commission,a police officer appointed by the NationalPolice Commission, a scheduled public officerappointed by the Judicial Service Commissionor a member of the Sri Lanka State Audit Serviceappointed by the Audit Service Commission.”.

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

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



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


“(6) Whenever the Secretary General isunable to discharge the functions of his or her



Interpretation.

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office, the President may, subject to to the approvalof the Constitutional Council,appoint a person toact in the place of the Secretary General.”.


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

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


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

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

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

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

“(v) a member of the Constitutional Council,referred to in sub-paragraphs (d), (e) and (f) ofparagraph (1) of Article 41A;

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

(vb) the Commissioner General of Elections;”;

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

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

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

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


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

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

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

(3) by the repeal of paragraph (d) of that Article

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24. Article 99 of the Constitution is hereby amendedby the addition at the end of that Article, of the followingnew paragraph:-

“(14) Except as provided for in paragraph (13)of this Article, no court shall have jurisdiction tohear and determine any matter relating todisciplinary action taken or proposed to be takenby any recognized political party or independentgroup against a member thereof, who is a Memberof Parliament, and accordingly no court shall havethe power to grant a writ, injunction, an enjoiningorder or any other relief, preventing, restraining orprohibiting any such action or proposed action.”.

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

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

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

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

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


Amendmentof Article103 of theConstitution.

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

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

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

(i) for the purpose of promoting orpreventing the election or anycandidate of any political party orindependent group contesting at suchelection;

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

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

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

(5) (a) The Commission shall have the powerto issue from time to time, in respect of the holdingof any election or the conduct of a Referendum,such guidelines as the Commission may consider

Amendmentof Article104B of theConstitution.

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appropriate, to any broadcasting or telecastingoperator or any proprietor or publisher of anewspaper, as the case may be, as the Commissionmay consider necessary to ensure a free and fairelection. All such guidelines issued by theCommission shall be given adequate publicity in amanner as determined by the Commission.

(b) It shall be the duty of the Chairman ofthe Sri Lanka Broadcasting Corporation, theChairman of the Sri Lanka Rupavahini Corporationand the Chairman of the Independent TelevisionNetwork and the Chief Executive Officer of everyother broadcasting or telecasting enterprise ownedor controlled by the State and of the enterprise ofevery private broadcasting or telecasting operator,to take all necessary steps to ensure compliancewith such guidelines as are issued to them undersub-paragraph (a).

(c) Where the Sri Lanka BroadcastingCorporation, the Sri Lanka Rupavahini Corporationor the Independent Television Network or any otherbroadcasting or telecasting enterprise owned orcontrolled by the State or the enterprise of everyprivate broadcasting or telecasting operator, as thecase may be, contravenes any guidelines issued bythe Commission under sub-paragraph (a), theCommission may appoint a Competent Authorityby name or by office, who shall, with effect fromthe date of such appointment, take over themanagement of such Broadcasting Corporation,Rupavahini Corporation or Independent TelevisionNetwork, or other broadcasting or telecastingenterprise owned or controlled by the State or theenterprise of such private broadcasting ortelecasting operator, as the case may be, insofar assuch management relates to all political broadcastsor any other broadcast, which in the opinion of theCommission impinge on the election, until theconclusion of the election, and the Sri Lanka

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Broadcasting Corporation, the Sri LankaRupavahini Corporation and the IndependentTelevision Network or other broadcasting ortelecasting enterprise owned or controlled by theState or the enterprise of such private broadcastingor telecasting operator, shall not, during such period,discharge any function connected with, or relatingto, such management which is taken over by theCompetent Authority.

(d) Parliament may by law provide for thepowers and functions of the Competent Authority,appointed under sub-paragraph (c).

(e) The Commission shall cause the guidelinesissued by it under this paragraph, to be publishedin at least one newspaper widely circulated in theSinhala, Tamil and English language.

(6) The provisions of paragraph (5) shall notbe applicable to an operator, proprietor orpublisher, who informs the Commission withinseven days from the date of nomination ofcandidates at an election or from the date of theProclamation requiring a Referendum to be held,that it is the policy of the broadcasting or telecastingstation or newspaper, which such operator,proprietor or publisher represents, to support anyparticular candidate or any particular namedpolitical party or independent group at that election,or to support or to oppose a proposal put to thePeople at that Referendum, as the case may be.”.

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

“(1) There shall be a Commissioner Generalof Elections who shall, subject to the approval ofthe Constitutional Council, be appointed by theCommission on such terms and conditions as maybe determined by the Commission.”.

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

104GG. (1) A public officer who:-

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

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

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

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

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

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

“Failuretocomplywithdirectionstobe anoffence.

Insertion ofnew Article104GG in theConstitution.


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

109. (1) If the Chief Justice or the Presidentof the Court of Appeal is temporarily unableto exercise, perform and discharge the powers,duties and functions of his or her office, byreason of illness, absence from Sri Lanka orany other cause, the President shall, subject tothe approval of the Constitutional Council,appoint another Judge of the Supreme Court,or of the Court of Appeal, as the case may be,to act in the office of Chief Justice, or Presidentof the Court of Appeal, , during such period.

(2) If any Judge of the Supreme Court or ofthe Court of Appeal is temporarily unable toexercise, perform and discharge the powers,duties and functions of his or her office, byreason of illness, absence from Sri Lanka orany other cause, the President may, subject tothe approval of the Constitutional Council,appoint another Judge to act as a Judge of theSupreme Court or Court of Appeal, during suchperiod.”.

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

111D. (1) There shall be a Judicial ServiceCommission (in this Chapter referred to as the“Commission”) consisting of the Chief Justiceand the two most senior Judges of the SupremeCourt appointed by the President, subject tothe approval of the Constitutional Council.

(2) Where the Chief Justice and the twomost Senior Judges of the Supreme Court areJudges who have not had any judicialexperience serving as a Judge of a Court ofFirst Instance, the Commission shall consist ofthe Chief Justice, the senior most Judge of the

Replacementof Article109 of theConstitution.

“Actingappointments.

Amendmentof Article111D of theConstitution.

”Constitutionof theJudicialServiceCommission.

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Supreme Court and the next most senior Judgeof such Court, who has had experience as aJudge of a Court of First Instance.

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

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

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

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

33. Article 122 of the Constitution is hereby repealed.

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

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


(1) by the repeal of paragraph (2) of that Article; and

(2) in paragraph (3) of that Article, by the substitutionfor the words “opinion, determination and report”,of the words “opinion and report”.


Amendmentof Article111E of theConstitution.

Repeal ofArticle 122of theConstitution.Amendmentof Article123 of theConstitution.Amendmentof Article124 of theConstitution

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

38. Article 151 of the Constitution is hereby amendedby the repeal of paragraph (2) of that Article, and thesubstitution of the following paragraph therefor:-

“(2) The Minister in charge of the subject of Finance, ifsatisfied:-

(a) that there is a need for such expenditure; and

(b) that no provision for such expenditure exists,

may, with the consent of the Prime Minister, authorizeprovision to be made therefor, by an advance fromthe Contingencies Fund.”.


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

“(1)There shall be an Auditor General who shall,subject to the approval of the Constitutional Council,be appointed by the President and shall hold officeduring good behaviour.”; and

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

“(4) Whenever the Auditor General is unable todischarge functions of his or her office, thePresident may, subject to the approval of theConstitutional Council, appoint a person to act inthe place of the Auditor General.”




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

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

(a) two retired officers of the AuditorGeneral’s Department, who haveheld office as a Deputy AuditorGeneral or above;

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

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

(2) (a) A person appointed as a member ofthe Commission shall hold office for three years,unless he or she:-

(i) earlier resigns from his or her office,by letter addressed to the President;

(ii) is removed from office as hereinafterprovided; or

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

Insertion ofnew Articles153A, 153B,153C, 153D,153E, 153F

153G and153H in theConstitution.

”Constitutionof the AuditServiceCommission.

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

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

(4) The Chairman and the members of thecommission shall be paid such allowances asare determined by Parliament. Such allowancesshall be charged on the Consolidated Fund andshall not be diminished during the term of officeof the Chairman or members.

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

(6) There shall be a Secretary to theCommission who shall be appointed by theCommission.Meetings of the Commission.

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

(2) Parliament shall, subject to paragraph (1),provide by law for meetings of the Commission,the establishment of the Sri Lanka State AuditService and such other matters connected withand incidental thereto.

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Meeting oftheCommission.


153C. (1) The appointment, promotion,transfer, disciplinary control and dismissal ofthe members belonging to the Sri Lanka StateAudit Service, shall be vested in theCommission.

(2) In addition to the functions referred to inparagraph (1), the Commission shall alsoperform and discharge the following duties andfunctions:-

(a) approve rules pertaining to schemesof recruitment, the appointment,transfer, disciplinary control anddismissal of the members belongingto the Sri Lanka State Audit Service,subject to any policy determined bythe Cabinet of Ministers pertaining tothe same;

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

(c) perform and discharge such otherduties and functions as may beprovided for by law.

153D. (1) A person who otherwise than in thecourse of his or her duty, directly or indirectly,by himself or herself or through any otherperson, in any manner whatsoever, influencesor attempts to influence any decision of theCommission, any member thereof or any officerof the Sri Lanka State Audit Service, shall beguilty of an offence and shall on conviction beliable to a fine not exceeding one hundredthousand rupees or to imprisonment for a termnot exceeding seven years or to both such fineand imprisonment.

Functions oftheCommission.

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

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

153E. Subject the jurisdiction conferred onthe Supreme Court under Article 126 and to thepowers granted to the Administrative AppealsTribunal under Article 153G, no court or tribunalshall have the power or jurisdiction to inquireinto, pronounce upon or in any mannerwhatsoever call in question any order ordecision made by the Commission, in pursuanceof any function assigned on such Commissionunder this Chapter or under any law.

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

153G. Any officer of the Sri Lanka StateAudit Service who is aggrieved by any orderrelating to the appointment, promotion, transferor any order on a disciplinary matter or dismissalmade by the Commission, in respect of suchofficer, may appeal therefrom to theAdministrative Appeals Tribunal establishedunder Article 59, which shall have the power toalter, vary or rescind any order or decisi0on madeby the Commission.

153H. The Commission shall be responsibleand answerable to Parliament in accordance withthe provisions of the Standing Orders ofParliament for the discharge of its functions andshall forward to Parliament in each calendar yeara report of its activities in such year.”.

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Immunityfrom legalproceedings.

Costs andexpenses.

Appeals totheAdministrativeAppealsTribunal.

Commissionto beanswerable toParliament.




“(1) The Auditor General shall audit the accountsof all departments of the Government, the Office ofthe Secretary to the President, the Offices of theCabinet of Ministers, the Judicial ServicesCommission, the Constitutional Council, theCommissions referred to in the Schedule to Article41B, the Parliamentary Commissioner forAdministration, the Secretary General of Parliament,local authorities, public corporations, business andother undertakings vested in the Government underany written law and companies registered or deemedto be registered under the Companies Act, No. 7 of2007 in which the Government or a public corporationor local authority holds forty per centum or more ofthe shares of that company.”;

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

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

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

“(c) three other members appointed by the Presidenton the recommendation of the Constitutional Council, torepresent the three major communities, each of whom shallbe a person who has distinguished himself or herself, orheld high office, in the field of finance, law, administration,business or learning”.

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


“(1) There shall be a National Police Commission(in this Chapter referred to as the “Commission”)consisting of seven members appointed by thePresident on the recommendation of theConstitutional Council, of whom at least one membershall be a retired police officer who has held officeas a Deputy Inspector General of Police or above.The Constitutional Council may in making itsrecommendation, consult the Public ServiceCommission. The President shall on therecommendation of the Constitutional Councilappoint one member as the Chairman.”: and

(2) by the repeal of paragraph (4) of that Article and thesubstitution of the following paragraph therefore:-

“(4) Every member of the Commission shall holdoffice for a period of three years from the date ofappointment, unless such member becomes subjectto any disqualification under paragraph (2) or earlierresigns from office by writing addressed to the

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Amendmentof Article154R of theConstitution.

Amendmentof Article155A of theConstitution.


President or is removed from office by the Presidentfor reasons assigned and with the approval of theConstitutional Council or is convicted by a Court oflaw of any offence involving moral turpitude or if aresolution for the imposition of civic disability uponsuch member has been passed in terms of Article 81or is deemed to have vacated his or her office underparagraph (6) of this Article.”.

44. Article 155B of the Constitution is hereby amendedby the addition at the end of that Article, of the following newparagraph:-

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

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

46. Article 155F of the Constitution is hereby amendedin paragraph (1) of that Article by the substitution for thewords “any decision of the Commission or a Committee, or toso influence any member of the Commission or Committee,”,of the words “any decision of the Commission or a Committeeor any police officer to whom the Commission has delegatedany power under this Chapter or to so influence any memberof the Commission or a Committee or any police officer towhom any power has been delegated.

47. Article 155FF of the Constitution is herebyrepealed.

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Amendmentof Article155B of theConstitution.

Amendmentof Article155C of theConstitution.

Amendmentof Article155F of theConstitution.

Repeal of ofArticle 155FF

of theConstitution.


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

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

(b) The Commission shall not in the exerciseof its powers under this Article, derogate fromthe powers and functions assigned to theProvincial Police Service Commissions as andwhen such Commissions are established underChapter XVlIA of the Constitution.

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

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

(a) the formulation of schemes ofrecruitment, promotion and transfers,

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Insertion ofnew Articles155G, 155H,155J, 155K

and 155L oftheConstitution.“Powers of

theCommission.


subject to any policy determined by theCabinet of Ministers pertaining to thesame;

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

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

(d) codes of conduct and disciplinaryprocedures.

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

155H. (1) The Commission may delegate toa Committee of the Commission (not consistingof members of the Commission) as shall benominated by the Commission, the powers ofappointment, promotion, transfer, disciplinarycontrol and dismissal of such categories ofpolice officers as are specified by theCommission.

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

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

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Delegation ofcertainpowers of theCommissionto aCommittee.


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

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

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

(2) A police officer aggrieved by any orderrelating to promotion, transfer or any order on adisciplinary matter or dismissal made by theInspector-General of Police or a Committee orpolice officer referred to in Article 155H and 155J

in respect of such officer, may appeal to theCommission against such order in accordancewith rules made by the Commission from timeto time regulating the procedure and the periodfixed for the making and hearing of an appealby the Commission.

(3) The Commission shall have the power toalter, vary, rescind or confirm such order uponan appeal made under paragraph (1) orparagraph (2), or to give directions in relationthereto or to order such further or other inquiry,as to the Commission shall seem fit.

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Delegation ofcertainfunctions bytheCommission.

Right ofAppeal.

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

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

155L. Any police officer aggrieved by anyorder relating to promotion, transfer, or any orderon a disciplinary matter or dismissal made bythe Commission, in respect of such officer, mayappeal therefrom to the Administrative AppealsTribunal established under Article 59, whichshall have the power to alter, vary or rescindany order or decision made by theCommission.”.

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

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



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Appeals toAdministrativeAppealsTribunal.

Replacementof Article155M of theConstitution.


“Saving ofexisting ruleandregulations.


“(2) The Parliamentary Commissioner forAdministration shall, subject to the approval of theConstitutional Council, be appointed by thePresident and shall hold office during goodbehavior.”; and


“(5) Whenever the ParliamentaryCommissioner for the Administration is unable toperform or discharge the duties and functions of hisor her office, the President shall, subject to theapproval of the Constitutional Council, appoint aperson to act in his or her place.”.

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

“CHAPTER XIXA

COMMISSION TO INVESTIGATE ALLEGATIONS OFBRIBERY OR CORRUPTION

156A. (1) Parliament shall by law providefor the establishment of a Commission toinvestigate allegations of bribery or corruption.Such law shall provide for:-

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

(b) the powers of the Commission,including the power to direct theholding of a preliminary inquiry or the

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Insertion ofnew ChapterXIXA andXIXB in theConstitution.

Commissiont oInvestigateBribery orCorruption.


making of an investigation into anallegation of bribery or corruption,whether of its own motion or on acomplaint made to it, and the power toinstitute prosecutions for offencesunder the law in force relating to briberyor corruption;

(c) measures to implement the UnitedNations Convention Against Corruptionand any other international Conventionrelating to the prevention of corruption,to which Sri Lanka is a party.

(2) Until Parliament so provides, theCommission to investigate Allegations ofBribery or Corruption Act, No. 14 of 1994 shallapply, subject to the modification that it shallbe lawful for the Commission appointed underthat Act, to inquire into, or investigate, anallegation of bribery or corruption, whether ofits own motion or on a written complaint madeto it.

CHAPTER XIX B

NATIONAL PROCUREMENT COMMISSION

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

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NationalProcurementCommission.

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(2) Every member of the Commission shallhold office for a period of three years from thedate of appointment, unless such member earlierresigns from office by a writing addressed tothe President or is removed from office by thePresident for caused assigned with the approvalof the Constitutional Council or is convictedby a court of law for an offence involving moralturpitude or is elected as a member of Parliamentor as a member of a Provincial Council or of alocal authority or if a resolution for theimposition of a civic disability on him or her ispassed in terms of Article 81.

(3) The Chairman and every member of theCommission shall be paid such allowances asmay be determined by a resolution of Parliament.Such allowances shall be charged on theConsolidatedFund and shall not be diminishedduring the term of office of such Chairman orthe member.

156C. (1) It shall be the function of theCommission to formulate fair, equitable,transparent, competitive and cost effectiveprocedures and guidelines, for the procurementof goods and services by all governmentinstitutions

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

(a) monitor and report to the appropriateauthorities, on whether allprocurement of goods and services bygovernment institutions are based onprocurement plans prepared inaccordance with previously approvedaction plans;

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Functions oftheCommission.

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(b) monitor and report to the appropriateauthorities on whether all qualifiedbidders for the provision of goods andservices to government institutionsare afforded an equal opportunity toparticipate in the bidding process forthe provision of those goods andservices;

(c) monitor and report to the appropriateauthorities on whether the proceduresfor the selection of contractors, andthe awarding of contracts fortheprovision of goods and services togovernment institutions, are fair andtransparent;

(d) report on whether members ofprocurement Committees andTechnical Evaluation Committeesrelating to high value procurements bygovernment institutions are suitablyqualified; and

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

156D. (1) The Commission may, by Noticein writing, require any person to:-

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

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

(2) Every person who:-

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

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

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

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingone hundred thousand rupees or toimprisonment for a term not exceedingseven years, or to both such fine andimprisonment.

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

156E. (1) The Commission shall meet as oftenas may be necessary for the discharge of itsfunctions.

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

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

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

(5) Subject to the preceding provisions ofthis Article, the Commission may determine theprocedure with regard to its meetings, and thetransaction of business at such meetings.

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

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

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Staff of theCommission.


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

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

156G. The expenses of the Commission shallbe charged on the Consolidated Fund.

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

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

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

(a) the President;

(b) the Prime Minister;

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Interpretation.

Expenses oftheCommissionto be chargedon theConsolidationFund.



(c) the Speaker;

(d) a Minister;

(e) a Deputy Minister;

(f) a Member of Parliament;

(g) a member of the Constitutional Council;

(h) a member of the Judicial Service Commission;

(i) a member of the Public Service Commission;

(j) a member of the Election Commission;

(k) a member of the National Police Commission;

(l) a member of the Audit Service Commission;

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

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

(o) a member of the Finance Commission;

(p) a member of the Delimitation Commission;

(q) a member of the National ProcurementCommission;

(r) the Secretary-General of Parliament;

(s) a member of the President’s staff;

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

(u) the Auditor General.

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

54. (1) For the avoidance of doubt it is hereby declaredthat:-

(a) the Seventh Parliament in existence on the daypreceding the date on which this Act becomes law,shall, unless dissolved earlier, continue to functionuntil April 21, 2016 and shall thereafter standdissolved;

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

(c) every person holding office on the day precedingthe date on which this Act becomes law, as:-

(i) the Chief Justice;

(ii) Judges of the Supreme Court;

(iii) the members of the Judicial ServiceCommission;

(iv) the President of the Court of Appeal;

(v) Judges of the Court of Appeal;

(vi) the Attorney General;

(vii) the Auditor General;

(viii) the Inspector General of Police;

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Sinhala textto prevail inthe event ofaninconsistency.

TransitionalProvisions.


(ix) the Parliamentary Commissioner forAdministration (Ombudsman); or

(x) the Secretary General of Parliament,

shall continue to hold such office and shall,subject to paragraph (3) of Article 41C, continueto exercise, perform and discharge the powers,duties and functions of that office, under the sameterms and conditions.

(2) Every person holding office on the day preceding thedate on which this Act becomes law, as the Chairman or amember of the:-

(a) Parliamentary Council;

(b) Public Service Commission;

(c) National Police Commission;

(d) Human Rights Commission;

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

(f) Finance Commission,

shall cease to hold such office with effect from the date onwhich this Act becomes law.

(3) (a) The person holding office as the Commissioner ofElections on the day preceding the date on which this Actbecomes law, shall continue to exercise and discharge thepowers and functions of the office of the Commissioner ofElections as were vested in him or her on such date and of theElection Commission, until an Election Commission isconstituted in terms of Article 103, and shall from and afterthe date on which the Election Commission is so constituted,cease to hold office as the Commissioner of Elections.

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(b) All suits, actions and other legal proceedings institutedby or against the Commissioner of Elections and pending onthe day preceding the date on which the Election Commissionis constituted under Article 103, shall be deemed to be suits,actions and other legal proceedings instituted by or againstthe Election Commission, and shall be continued andcompleted in the name of the Election Commission.

(c) Any decision or order made or any ruling given by theCommissioner of Elections under any written law prior to thedate on which the Elections Commission is constituted underArticle 103, shall be deemed to be a decision or order made ora ruling given, by the Election Commission, and may beenforcement accordingly.

(d) Upon the constitution of the Election Commission underArticle 103, unless the context otherwise requires, there shallbe substituted for the expressions “Commissioner ofElections” and “Department of the Commissioner Elections”wherever those expressions occur in the Constitution and inany written law or in any contract, agreement or otherdocument, of the expression “Election Commission”.

(4) All matters relating to:-

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

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

pending before the Public Service Commission on the daypreceding the date of on which this Act becomes a lawshall, with effect from that date, stand transferred to theNational Police Commission established by Articles 155Aand shall be determined by the National Police Commissionaccordingly.

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(5) All matters relating to the appointment, promotion,transfer, disciplinary control and dismissal of members of theSri Lanka State Audit Service and pending before the PublicService Commission on the day preceding the date of onwhich this Act becomes a law shall, with effect from that date,stand transferred to the Audit Service Commission establishedby Articles 153A and shall be determined by the Audit ServiceCommission accordingly.

55. (1) During the period commencing on the date onwhich provisions of sections 3, 4, 5, 6,7, 8,9,11 (other thanparagraph (1) of Article 46 inserted by that section), 17, 19,20, 21, 23, 33, 34, 35, 36, 37 and 38 of this Act comes into forceand ending on the date on which the next General Election ofthe Members of Parliament is concluded,:-

(a) the President shall preside over all meetings of theCabinet of Ministers; and

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

56. Notwithstanding anything to the contrary in theConstitution, during the period commencing on the date onwhich this Act becomes law and so long as the person holdingoffice as the President on the day preceding the date onwhich this act becomes law, holds the office of the President,the following provisions shall apply:-

(a) the President may assign to himself the subjectsand functions of Defence, Mahaweli Developmentand Environment and determine the Ministries to bein his charge for that purpose and accordingly, anyreference in any written law to the Minister to whomsuch subject or function is assigned, shall be readand construed as a reference to the President; and

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Specialprovisionsrelating tothe periodcommencingon the dateon whichcertainArticlescomes intoforce.

President inoffice to bein charge ofcertainsubjects andfunctions.

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(b) the President may summon meetings of the Cabinetof Ministers for the purpose of taking any decisionsor for determining any policy with regard to anysubject or function assigned to himself underparagraph (a) or to discuss any matter of nationalimportance, and shall preside at such meeting of theCabinet of Ministers.

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