SRI LANKA'S LAWS
Seventeenth Amendment to 1978 Sri Lanka Constitution
[Certified on 3rd October 2001]
An Act to Amend the Constitution of The Democratic Socialist Republic of Sri Lanka
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :-
Short title.
1. This Act may be cited as the Seventeenth Amendment to the Constitution.
Insertion of Chapter VIIA in the Constitution of the Democratic Socialist
Republic of Sri Lanka.
2. The Constitution of the Democratic Socialist Republic of Sri Lanka
(hereinafter referred to as the "Constitution") is hereby amended by the
insertion immediately after Article 41 of the Constitution of the following new
Chapter, which shall have effect as Chapter VIIA of the Constitution :-
'CHAPTER VIIA
THE CONSTITUTIONAL COUNCIL
Constitution of the Constitutional Council.
41A. (1) There shall be a Constitutional Council (in this Chapter referred to as
the “Council”) which shall consist of the following members :-
(a) the Prime Minister ;
(b) the Speaker ;
(c) the Leader of the Opposition in Parliament ;
(d) one person appointed by the President ;
(e) five persons appointed by the President, on the nomination of both the Prime
Minister, the Leader of the Opposition;
(f) one person nominated upon agreement by the majority of the Members of
Parliament belonging to political parties or independent groups other than the
respective political parties or independent groups to which the Prime Minister
and the Leader of the Opposition belongs and appointed by the President.
(2) The Speaker shall be the Chairman of the Council.
(3) In nominating the five persons referred to in subparagraph (e) of paragraph
(1) of this Article, the Prime Minister and the Leader of the Opposition shall
consult the leaders of the political parties and independent groups represented
in Parliament. Three of such persons shall, in consultation with the Members of
Parliament who belong to the respective minority communities, be nominated to
represent minority interests.
(4) The persons to be appointed or nominated as the case may be, under
sub-paragraphs (d), (e) and (f) of paragraph (1) of this Article, shall be
persons of eminence and integrity who have distinguished themselves in public
life and who are not members of any political party.
(5) The President shall upon receipt of a written communication of the
nominations under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of
this Article, forthwith, make the respective appointments.
(6) (a) On the dissolution of Parliament, notwithstanding the provisions of
paragraph (2) of Article 64 of the Constitution, the Speaker shall continue to
hold office as a member of the Council, until a Member of Parliament is elected
to be the Speaker under paragraph (1) of the aforesaid Article ;
(b) Notwithstanding the dissolution of Parliament, the Leader of the Opposition
shall continue to hold office as a member of the Council, until such time after
a General Election following such dissolution, a Member of Parliament is
recognised as the Leader of the Opposition in Parliament.
(7) Every member of the Council appointed under sub-paragraph (e) and
sub-paragraph (f) of paragraph (1) of this Article, shall hold office for a
period of three years from the date of appointment as such member, unless he
earlier resigns his office by writing addressed to the President, or is removed
from office by the President on both the Prime Minister and the Leader of the
Opposition forming an opinion that such member is physically or mentally
incapacitated and is unable to function further in office, or is convicted by a
court of law for any offence involving moral turpitude or if a resolution for
the imposition of civic disability upon him has been passed in terms of Article
81 of the Constitution or is deemed to have vacated his office under paragraph
(7) of Article 41E.
(8) In the event of there being a vacancy among the members appointed under
sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, the
President shall, within two weeks of the occurrence of such vacancy and having
regard to the provisions of the aforementioned sub-paragraphs, appoint another
person to succeed such member. Any person so appointed, shall hold office during
the unexpired part of the period of office of the member whom he succeeds.
(9) The member, appointed under sub-paragraph (d) of paragraph (1) of this
Article shall, unless earlier removed from office by the President, hold office
for a period of three years.
(10) A Member appointed under sub-paragraph (e) or sub-paragraph (f) of
paragraph (1) of this Article, shall not be eligible for re-appointment under
those sub-paragraphs.
(11) The appointments made by the President under sub-paragraph (d),
sub-paragraph (e) and sub-paragraph (f) of paragraph (1) of this Article shall
be communicated to the Speaker.
Council to recommend appointments.
41B. (1) No person shall be appointed by the President as the Chairman or a
member of any of the Commissions specified in the Schedule to this Article,
except on a recommendation of the Council.
(2) The provisions of paragraph (1) of this Article shall apply in respect of
any person appointed to act as the Chairman or a member of any such Commission.
(3) It shall be the duty of the Council to recommend to the President persons
for appointment as Chairmen or members of the Commissions specified in the
Schedule to this Article, whenever the, occasion for such appointment arises,
and such recommendations shall reflect the different ethnic groups.
(4) No person appointed under paragraph (1) of this Article or a person
appointed to act as the Chairman or a member of any such Commission shall be
removed except as provided for in the Constitution or in any law, and where no
such provision is made, such person shall be removed by the President only with
the prior approval of the Council.
SCHEDULE
(a) The Election Commission.
(b) The Public Service Commission.
(c) The National Police Commission.
(d) The Human Rights Commission of Sri Lanka.
(e) The Permanent Commission to Investigate Allegations of Bribery or
Corruption.
(f) The Finance Commission.
(g) The Delimitation Commission.
Council to approve appointments.
41C. (1) No person shall be appointed by the President to any of the Offices
specified in the Schedule to this Article, unless such appointment has been
approved by the Council upon a recommendation made to the Council by the
President.
(2) The provisions of paragraph (1) of this Article shall apply in respect of
any person appointed to act for a period exceeding fourteen days in any office
specified in the Schedule to this Article.
(3) No person appointed to any Office specified in the Schedule to this Article
or to act in any such Office, shall be removed from such Office except as
provided for in the Constitution or in any law.
(4) In the discharge of its functions relating to the appointment of Judges of
the Supreme Court and the President and Judges of the Court of Appeal, the
Council may obtain the views of the Chief Justice and the Attorney-General.
SCHEDULE
PART I
(a) The Chief Justice and the Judges of the Supreme Court.
(b) The President and the Judges of the Court of Appeal.
(c) The Members of the Judicial Service Commission other than the Chairman.
PART II
(a) The Attorney-General.
(b) The Auditor-General.
(c) The Inspector-General of Police.
(d) The Parliamentary Commissioner for Administration (Ombudsman).
(e) The Secretary-General of Parliament.
Secretary and other officers of the Council.
41D. (1) There shall be a Secretary to the Council who shall be
appointed by the Council.
(2) The Council may appoint such officers as it considers necessary for the
discharge of its functions, on such terms and conditions as shall be determined
by the Council.
Meetings of the Council.
41E. (1) The Council shall meet as often as may be necessary to
discharge the functions assigned to the Council by the provisions of this
Chapter or by any other law, and such meetings shall be summoned by the
Secretary to the Council in the direction of the Chairman of the Council.
(2) The Chairman shall preside at all meetings of the Council, and in the
absence of the Chairman, the Prime Minister, and in the absence of the Prime
Minister, the Leader of the Opposition shall preside at the meetings of the
Council. Where the Chairman, the Prime Minister and the Leader of the Opposition
are all absent from any such meeting, the members present shall elect a member
from among themselves to preside at such meeting.
(3) The quorum for any meeting of the Council shall be six members.
(4) The Council shall endeavour to make every recommendation, approval or
decision it is required to make by unanimous decision, and in the absence of an
unanimous decision, no recommendation, approval or decision made shall be valid,
unless supported by not less than five members of the Council present at such
meeting.
(5) The Chairman shall not have an original vote, but in the event of an
equality of votes on any question for decision at any meeting of the Council,
the Chairman or other member presiding at such meeting, shall have a casting
vote.
(6) The procedure in regard to meetings of the Council and the transaction of
business at such meetings shall be determined by the Council, including
procedures to be followed in regard to the recommendation or approval of persons
suitable for any appointment under Article 41B or Article 41C.
(7) Any member of the Council appointed under sub-paragraph (e) of paragraph (1)
of Article 41A, who without obtaining prior leave of the Council absents himself
from two consecutive meetings of the Council, shall be deemed to have vacated
office with effect from the date of the second of such meetings.
Council to perform other duties.
41F. The Council shall perform and discharge such other duties
and functions as may be imposed or assigned to the Council by the Constitution,
or by any other law.
Expenses to be charged on the Consolidated Fund.
41G. The expenses incurred by the Council shall be charged on
the Consolidated Fund.
Finality of decisions of the Council.
41H. Subject to the provisions of paragraphs (1), (2), (4), and
(5) of Article 126, no court shall have the power or jurisdiction to entertain,
hear or decide or call in question on any ground whatsoever, or in a any manner
whatsoever, any decision of the Council or any approval or recommendation made
by the Council, which decision, recommendation or approval shall be final and
conclusive for all purposes.'.
Amendment of Article 52 of the Constitution.
3. Article 52 of the Constitution is hereby amended by the repeal of paragraph
(7) of that Article, and the substitution therefor of the following paragraph :-
"(7) For the purposes of this Article -
(a) the Office of the Secretary-General of Parliament, the Office of the
Parliamentary Commissioner for Administration (Ombudsman), the Constitutional
Council, the Public Service Commission, the Election Commission, the National
Police Commission and the Office of the Secretary to the Cabinet of Ministers;
and
(b) the Department of the Auditor-General,
shall be deemed not to be departments of Government.".
Replacement of Chapter IX of the Constitution.
4. Chapter IX of the Constitution is hereby replaced and the
following Chapter substituted therefor :-
'CHAPTER IX - THE EXECUTIVE
The Public Service
Public Service Commission.
54. (I) There shall be a Public Service Commission (in this Chapter referred to
as the “Commission") which shall consist of nine members appointed by the
President on the recommendation of the Constitutional Council, of whom not less
than three members shall be persons who have had over fifteen years experience
as a public officer. The President on the recommendation of the Constitutional
Council shall appoint one member as its Chairman.
(2) No person shall be appointed as a member of the Commission or continue to
hold office as such member if he is or becomes a member of Parliament, a
Provincial Council or a local authority.
(3) Every person who immediately before his appointment as a member of the
Commission was a public officer in the service of the State or a judicial
officer, shall, upon such appointment taking effect cease to hold such office
and shall be ineligible for further appointment as a public officer or a
judicial officer:
Provided that any such person shall, until he ceases to be a member of the
Public Service Commission, or while continuing to be a member, attains the age
at which he would, if he were a public officer or a judicial officer, as the
case may be, be required to retire, be deemed to be a public officer or a
judicial officer and to hold a pensionable office in the service of the State,
for the purpose of any provision relating to the grant of pensions, gratuities
and other allowances in respect of such service.
(4) Every member of the Commission shall hold office for a period of three years
from the date of his appointment, unless he becomes subject to any
disqualification under paragraph (2) of this Article or earlier resigns from his
office by writing addressed to the President or is removed from office by the
President on the recommendation of the Constitutional Council or is convicted by
a court of law of any offence involving moral turpitude or if a resolution for
the imposition of civic disability upon him has been passed in terms of Article
81 or is deemed to have vacated his office under paragraph (5) of this Article.
(5) A member of the Commission shall be eligible for reappointment as a member,
but shall not be eligible for appointment as a public officer or a judicial
officer after the expiry of his term of office as a member. No member shall be
eligible to hold office as a member of the Commission for more than two terms.
(6) A member of the Commission who without obtaining prior leave of the
Commission absents himself from three consecutive meetings of the Commission,
shall be deemed to have vacated office with effect from the date of the third of
such meetings, and shall not be eligible thereafter to be reappointed as a
member of the Commission.
(7) The President may grant a member leave from the performance of his duties
relating to the Commission for a period not exceeding two months and shall for
the duration of such period on the recommendation of the Constitutional Council,
appoint a person qualified to be a member of the Commission to be a temporary
member for the period of such leave.
(8) A member of the Commission shall be paid such emoluments as may be
determined by Parliament. The emoluments paid to a member of the Commission
shall be charged on the Consolidated Fund and shall not be diminished during the
term of office of such member.
(9) The Commission shall have the power to act notwithstanding any vacancy in
its membership, and no act, proceeding or decision of the Commission shall be or
be deemed to be invalid by reason only of such vacancy or any defect in the
appointment of a member.
(10) There shall be a Secretary to the Commission who shall be appointed by the
Commission.
(11) The members of the Commission shall be deemed to be public servants, within
the meaning and for the purposes of Chapter IX of the Penal Code.
Powers and Functions of Cabinet of Ministers and of the Commission.
55. (1) The appointment, promotion, transfer, functions of disciplinary control
and dismissal of public officers shall be vested in the Commission.
(2) The Commission shall not derogate from the functions and powers of the
Provincial Public Service Commissions established by law.
(3) Notwithstanding the provisions of paragraph (1) of this Article, the
appointment, promotion, transfer, disciplinary control and dismissal of all
Heads of Departments shall vest in the Cabinet of Ministers, who shall exercise
such powers after ascertaining the views of the Commission.
(4) Subject to the provisions of the Constitution, the Cabinet of Ministers
shall provide for and determine all matters of policy relating to public
officers.
(5) The Commission shall be responsible and answerable to Parliament in
accordance with the provisions of the Standing Orders of Parliament for the
exercise and discharge of its powers and functions, and shall forward to
Parliament in each calendar year, a report of its activities for such year.
Committees of the Commission.
56. (1) The Commission may delegate to a Committee consisting or three persons
(not being members of the Commission) appointed by the Commission, the powers of
appointment, promotion, transfer, disciplinary control and dismissal of such
categories of public officers as are specified by the Commission.
(2) The Commission shall cause the appointment, of any such Committee to be
published in the Gazette.
(3) The procedure and quorum for meetings of any such Committee shall be as
determined by the Commission by rules made in that behalf. The Commission shall
cause such rules to be published in the Gazette.
(4) There shall be a Secretary to each Committee, who shall be appointed by the
Commission.
Delegation of powers to a public officer.
57. (1) The Commission may delegate to a f Powers to public officer, subject to
such conditions and procedure as may be determined by the Commission, its powers
of appointment, promotion, transfer, disciplinary control and dismissal of such
category of public officers as are specified by the Commission.
(2) The Commission shall cause any such delegation to be published in the
Gazette, including the conditions and procedure determined by the Commission for
such purpose.
Right of Appeal.
58. (1) Any public officer aggrieved by an order relating to a promotion,
transfer, dismissal or an order on a disciplinary matter made by a Committee or
any public officer under Article 56 or Article 57, in respect of the officer so
aggrieved, may appeal to the Commission against such order in accordance with
such rules made by the Commission from time to time, relating to the procedure
to be followed in the making, hearing and determination of an appeal made to the
Commission and the period fixed within which an appeal should he heard and
concluded.
(2) The Commission shall have the power upon such appeal to alter, vary, rescind
or confirm an order against which an appeal is made, or to give directions in
relation thereto, or to order such further or other inquiry as to the Commission
shall seem fit.
(3) The Commission shall cause to be published in the Gazette the rules made by
it under paragraph (1) of this Article.
Administrative Appeals Tribunal.
59. (1) There shall be an Administrative Appeals Tribunal appointed by the
Judicial Service Commission.
(2) The Administrative Appeals Tribunal shall have the power to alter, vary or
rescind any order or decision made by the Commission.
(3) The constitution, powers and procedure of such Tribunal, including the time
limits for the preferring of appeals, shall be provided for by law.
Commission not to exercise power where there is delegation.
60. Upon delegation of any of its powers to a Committee or a public officer
appointed under Article 56 or Article 57 as the case may be, the Commission
shall not, while such delegation is in force, exercise or perform its functions
or duties in regard to the categories of public officers in respect of which
such delegation is made, subject to the provisions contained in paragraphs (1)
and (2) of Article 58.
Procedure at meetings.
61. (1) The quorum for a meeting of the Commission shall be five members.
(2) All decisions of the Commission shall be made by a majority of votes of the
members present at the meeting. In the event of an equality of votes, the member
presiding at the meeting shall have a casting vote.
(3) The Chairman of the Commission shall preside at all meetings of the
Commission, and in his absence, a member elected by the members present from
amongst themselves, shall preside at such meeting.
Immunity from legal proceedings.
61A. Subject to the provisions of paragraphs (1), (2), (3), (4)
and (5) of Article 126, no court or tribunal shall have power or jurisdiction to
inquire into or pronounce upon or in any manner call in question any order or
decision made by the Commission, a Committee, or any public officer, in
pursuance of any power or duty conferred or imposed on such Commission, or
delegated to a Committee or public officer, under this Chapter or under any
other law.
Savings of rules and regulations in force.
61B. Until the Commission otherwise provides, all rules, regulations and
procedures relating to the public service as are in force on the date of the
coming into operation of this Chapter, shall, mutatis mutandis, be deemed to
continue in force as rules, regulations and procedures relating to the public
service, as if they had been made or provided for under this Chapter.
Interference with the Commission.
61C. (1) Every person who, otherwise than in the course of such
person's lawful duty, directly or indirectly by himself or by or with any other
person, in any manner whatsoever influences or attempts to influence or
interferes with any decision of the Commission, or a Committee or a public
officer to whom the Commission has delegated any power under this Chapter, or to
so influence any member of the Commission or a Committee, shall be guilty of an
offence and shall on conviction be liable to a fine not exceeding one hundred
thousand rupees or to imprisonment for a term not exceeding seven years, or to
both such fine and imprisonment.
(2) Every High Court established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter referred to in paragraph (1)
of this Article.
Oath or affirmation of office.
61D. A person appointed to any office referred to in this Chapter shall not
enter upon the duties of his office until he takes and subscribes the oath or
makes and subscribes the affirmation set out in the Fourth Schedule to the
Constitution.
Appointments by the President.
61E. The President shall appoint -
(a) the Heads of the Army, the Navy and the Air Force; and
(b) subject to the provisions of Article 41C, the Attorney General and the
Inspector General of Police.
Interpretation.
61F. For the purposes of this Chapter "public officer" does not include a member
of the Army, Navy, or Air Force, an officer of the Election Commission appointed
by such Commission, a police officer appointed by the National Police Commission
or a scheduled public officer appointed by the Judicial Service Commission.’.
Amendment of Article 65 of the Constitution.
5. Article 65 of the Constitution is hereby amended as follows
:-
(1) in paragraph (1) of that Article, by the substitution for the words "shall
be appointed by the President", of the words "shall, subject to the provisions
of Article 41C, be appointed by the President " ; and
(2) in paragraph (6) of that Article, by the substitution for the words
"President may appoint a person", of the words "President may, subject to the
provisions of Article 41C, appoint a person".
Amendment of Article 89 of the Constitution.
6. Article 89 of the Constitution is hereby amended in paragraph (j) of that
Article, by the substitution for the words and figures “Article 116"of the words
and figures "Article 116 or Article 111C, as the case may be”.
Amendment of Article 91 of the Constitution.
7. Article 91 of the Constitution is hereby amended in paragraph (1) thereof, as
follows :-
(1) by the insertion immediately after sub-paragraph (d)(iv) of that paragraph,
of the following new sub-paragraph :-
"(iva) a member of a Provincial Public Service Commission,"
(2) by the substitution for subparagraph (d)(v) of that paragraph, of the
following sub-paragraph :-
“(v) the Commissioner-General of Elections,";
(3) by the insertion immediately after sub-paragraph (d)(v) of that paragraph,
of the following new sub-paragraphs :-
"(va) a member of the Election Commission,
(vb) a member of the Constitutional Council,
(vc) a member of the National Police Commission," ; and
(4) by the insertion immediately after sub-paragraph (d)(viiia) of that
paragraph, of the following new sub-paragraph :-
"(viiia) an officer of a Provincial Public Service holding any office created
after February 01,1988, the initial of the salary scale of which is, on the date
of the creation of that office, not less than such amount as determined by
resolution of Parliament, or such other amount per annum as would, under any
subsequent revision of such salary scales, correspond to such initial,".
Repeal of Articles 103 and 104 of the Constitution.
8. Article 103 and Article 104 of the Constitution are hereby repealed.
Insertion of Chapter XIVA in the Constitution.
9. The following new Chapter is hereby inserted immediately after Article 102 of
the Constitution and shall have effect as Chapter XIVA of the Constitution :-
'CHAPTER XIVA - ELECTION COMMISSION
Election Commission.
103. (1) There shall be an Election Commission (in this Chapter referred to as
the "Commission") consisting of five members appointed by the President on the
recommendation of the Constitutional Council, from amongst persons who have
distinguished themselves in any profession or in the fields of administration or
education. The President shall on the recommendation of the Constitutional
Council, appoint one member as its Chairman.
(2) The object of the Commission shall be to conduct free and fair elections and
Referenda.
(3) No person shall be appointed as a member of the Commission or continue to
hold office as such member if he is or becomes a member of Parliament, a
Provincial Council or a local authority, or is or appointed a judicial officer
or public officer, or is or enters into the employment of the State in any
capacity whatsoever.
(4) The provisions of the Constitution and any other law relating to the removal
of judges of the Supreme Court and the Court of Appeal from office shall,
mutatis mutandis, apply to the removal of a member of the Commission from
office.
(5) A member of the Commission who without obtaining prior leave of the
Commission, absents from three consecutive meetings of the Commission, shall be
deemed to have vacated office with effect from the date of the third of such
meetings.
(6) A member of the Commission shall hold office for a period of five years from
the date of appointment, unless he becomes subject to any disqualification under
paragraph (3) of this Article or earlier resigns from office by writing
addressed to the President or is removed from office under paragraph (4) of this
Article, or is convicted by a court of law of any offence involving moral
turpitude, or if a resolution for the imposition of civic disability upon him
has been passed in terms of Article 81 or is deemed to have vacated office under
paragraph (5) of this Article.
(7) The President may grant a member leave from the performance of his duties
relating to the Commission for a period not exceeding two months and may appoint
a person qualified to be a member of the Commission to be a temporary member for
the period of such leave. Every such appointment shall be made on the
recommendation of the Constitutional Council.
(8) A member of the Commission shall be paid such emoluments as may be
determined by Parliament. The emoluments paid to a member of the Commission
shall be charged on the Consolidated Fund and shall not be diminished during the
term of office of the member.
(9) All members of the Commission shall be deemed to be public servants within
the meaning and for the purposes of Chapter IX of the Penal Code.
Meetings of the Commission.
104. (1) The quorum for any meeting of the Commission shall be three members.
(2) (a) The Chairman of the Commission shall preside at all meetings of the
Commission and, in the absence of the Chairman from any meeting of the
Commission, a member elected by the members present from amongst themselves
shall preside at such meeting.
(b) Decisions of the Commission shall be by a majority of the members present
and voting at the meeting at which the decision is taken, and in the event of an
equality of votes, the Chairman or the member presiding at the meeting shall
have a casting vote.
(3) The Commission shall have power to act notwithstanding any vacancy in the
membership of the Commission, and no act or proceeding or decision of the
Commission shall be invalid or be deemed to be invalid by reason only of such
vacancy or any defect in the appointment of a member.
Finality of decisions and immunity from suit.
104A. Subject to the jurisdiction conferred on the Supreme Court under paragraph
(1) of Article 126, Article 104H and Article 130, and on the Court of Appeal by
Article 144, and the jurisdiction conferred on any court by any law to hear and
determine election petitions or Referendum petitions,-
(a) no court shall have the power or jurisdiction to entertain or hear or decide
or call in question on any ground and in any manner whatsoever, any decision,
direction or act of the Commission, made or done or purported to have been made
or done under the Constitution or under any law relating to the holding of an
election or the conduct of a Referandum as the case may be, which decisions,
directions or acts shall be final and conclusive; and
(b) no suit or prosecution or other proceeding shall lie against any member or
officer of the Commission for any act or thing which in good faith is done or
purported to be done by him in the performance of his duties or the discharge of
his functions under the Constitution or under any law relating to the holding of
an election or the conduct of a Referandum as the case may be.
Powers, functions and duties of the Commission.
104B. (1) The Commission shall exercise, perform and discharge all such powers,
duties and functions conferred or imposed on or assigned to-
(a) the Commission; or
(b) the Commissioner-General of Elections,
by the Constitution, and by the law for the time being relating to the election
of the President, the election of Members of Parliament, the election of members
of Provincial Councils, the election of members of local authorities and the
conduct of Referenda, including but not limited to all the powers, duties and
functions relating to the preparation and revision of registers of electors for
the purposes of such elections and Referenda and the conduct of such elections
and Referenda.
(2) It shall be the duty of the Commission to secure the enforcement of all laws
relating to the holding of any such election or the conduct of Referenda, and it
shall be the duty of all authorities of the State charged with the enforcement
of such laws, to co-operate with the Commission to secure such enforcement.
(3) The Commission shall be responsible and answerable to Parliament in
accordance with the provisions of the Standing Orders of Parliament for the
exercise, performance and discharge of its powers, duties and functions, and
shall forward to Parliament for each calendar year a report of its activities
for such year.
(4) (a) The Commission shall have the power during the period of an election, to
prohibit the use of any movable or immovable property belonging to the State or
any public corporation -
(i) for the purpose of promoting or preventing the election of any candidate or
any political party or independent group contesting at such election ;
(ii) by any candidate or any political party or any independent group contesting
at such election.
by a direction in writing by the Chairman of the Commission or of the
Commissioner-General of Elections on the instruction of the Commission.
(b) It shall be the duty of every person or officer in whose custody or under
whose control such property is for the time being, to comply with and give
effect to such direction.
(5) (a) The Commission shall have the power to issue from time to time, in
respect of the holding of any election or the conduct of a Referendum, such
guidelines as the Commission may consider appropriate to any broadcasting or
telecasting operator or any proprietor or publisher of a newspaper as the case
may be, as the Commission may consider necessary to ensure a free and fair
election.
(b) It shall be the duty of the Chairman of the Sri Lanka Broadcasting
Corporation and the Chairman of the Sri Lanka Rupavahini Corporation, to take
all necessary steps to ensure compliance with any guidelines as are issued to
them under sub-paragraph (a).
(c) Where the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini
Corporation as the case may be, contravenes any guidelines issued by the
Commission under sub-paragraph (a), the Commission may appoint a Competent
Authority by name or by office, who shall, with effect from the date of such
appointment, take over the management of such Broadcasting Corporation or
Rupavahini Corporation as the case may be, in respect of all political
broadcasts or any other broadcast, which in the opinion of the Commission
impinge on the election, until the conclusion of the election and the Sri Lanka
Broadcasting Corporation and the Sri Lanka Rupavahini Corporation, shall not,
during such period, discharge any function connected with or relating to such
management which is taken over by the Competent Authority.
(d) Parliament may by law provide for the powers and functions of the Competent
Authority appointed under subparagraph (c).
Deployment of Police by the Commission.
104C. (1) Upon the making of an Order for the holding of an election or the
making of a Proclamation requiring the conduct of a Referendum, as the case may
be, the Commission shall notify the Inspector-General of Police of the
facilities and the number of police officers required by the Commission for the
holding or conduct of such election or Referendum, as the case may be.
(2) The Inspector-General of Police shall make available to the Commission the
facilities and police officers specified in any notification made under
paragraph (1) of this Article.
(3) The Commission may deploy the police officers and facilities made available
to the Commission in such manner as is calculated to promote the conduct of a
free and fair election or Referendum, as the case may be.
(4) Every police officer made available to the Commission under paragraph (2) of
this Article, shall be responsible to and act under the direction and control of
the Commission during the period of an election.
(5) No suit, prosecution or other proceeding, shall lie against any police
officer made available to the Commission under this Article for any lawful act
or thing in good faith done by such police officer, in pursuance of a direction
of the Commission or his functioning under the Commission.
Deployment of Armed Forces.
104D. It shall be lawful for the Commission, upon the making of an Order for the
holding of an election or the making of a Proclamation requiring, the conduct of
a Referendum, as the case may be, to make recommendations to the President
regarding the deployment of the armed forces of the Republic for the prevention
or control of any actions or incidents which may be prejudicial to the holding
or conducting of a free and fair election or Referendum, as the case may be.
Commissioner-General of Elections and other officers of the Commission.
104E. (1) There shall be a Commissioner-General of Elections who shall, subject
to the approval of the Constitutional Council, be appointed by the Commission on
such terms and conditions as shall be determined by the Commission.
(2) The Commissioner-General of Elections shall be entitled to be present at
meetings of the Commission, except where any matter relating to him is being
considered by the Commission. He shall have no right to vote at such meetings.
(3) The Commission may appoint such other officers to the Commission on such
terms and conditions as may be determined by the Commission.
(4) The salaries of the Commissioner-General of Elections and the other officers
of the Commission, shall be determined by the Commission and shall be charged on
the Consolidated Fund.
(5) The Commissioner-General of Elections shall, subject to the direction and
control of the Commission, implement the decisions of the Commission and
exercise supervision over the officers of the Commission.
(6) The Commission may delegate to the Commissioner-General of Elections or
other officer of the Commission, any power, duty or function of' the Commission,
and the Commissioner-General of Elections or such officer shall exercise,
perform and discharge such power, duty or function, subject to the direction and
control of the Commission.
(7) The office of the Commissioner-General of Elections shall become vacant-
(a) upon his death ;
(b) on his resignation in writing addressed to the Commission ;
(c) on his attaining the age of sixty five years ;
(d) on his removal by the Commission on account of ill health or physical or
mental infirmity ; or
(e) on his removal by the Commission on the presentation of an address of
Parliament in compliance with the provisions of paragraph (8), for such removal
on the ground of proved misbehaviour or incapacity.
(8) (a) The address referred to in sub-paragraph (e) of paragraph (7) of this
Article shall be required to be supported by a majority of the total number of
Members of Parliament (including those not present) and no resolution for the
presentation of such an address shall be entertained by the Speaker or placed on
the Order Paper of Parliament, unless notice of such resolution is signed by not
less than one-third of the total number of Members of parliament and sets out
full particulars of the alleged misbehaviour or incapacity
(b) Parliament shall by law or by Standing Orders, provide for all matters
relating to the presentation of such an address, including the procedure for the
passing of such resolution, the investigation and proof of the alleged
misbehaviour or incapacity and the right of the Commissioner-General of
Elections to appear and to be heard in person or by representatives.
Returning Officers.
104F. (1) The Commission shall from time to time by notice published in the
Gazette appoint by name or by office a person to be a Returning Officer to each
electoral district, and may appoint by name or by office one or more persons to
assist the Returning Officer in the performance of his duties.
(2) Every Officer appointed under paragraph (1) shall in the performance and
discharge of such duties and functions as are assigned to him, be subject to
such directions as may be issued by the Commission and shall be responsible and
answerable to the Commission therefor.
Public officers.
104G. All public officers performing duties and functions at any election or
Referenda shall act in the performance and discharge of such duties and
functions under the directions of the Commission, and shall be responsible and
answerable to the Commission therefor.
Power of Supreme Court to issue writs.
104H. (1) The jurisdiction conferred on the Court of Appeal under Article 140 of
the Constitution shall, in relation to any matter that may arise in the exercise
by the Commission of the powers conferred on it by the Constitution or by any
other law, be exercised by the Supreme Court.
(2) Every application invoking the jurisdiction referred to in paragraph (1),
shall be made within one month of the date of the commission of the act to which
the application relates. The Supreme Court shall hear and finally dispose of the
application within two months of the filing of the same.
Interpretation.
104J. In this Chapter “during the period of an election" shall mean the period
commencing on the making of a Proclamation or Order for the conduct of a
Referendum or for the holding of an election, as the case may be, and ending on
the date on which the result of poll taken at such Referendum or election, as
the case may be, is declared.’.
Amendment of Article 107 of the Constitution.
10. Article 107of the Constitution is hereby amended in paragraph (1) of that
Article, by the substitution for the words "shall be appointed by the President
of the Republic by warrant under his hand.", of the words "shall, subject to the
provisions of Article 41C, be appointed by the President by warrant under his
hand.”.
Amendment of Article 109 of the Constitution.
11. Article 107 of the Constitution is hereby amended as follows :-
(1) in paragraph (1) of that Article, by the substitution for the words “the
President shall appoint", of the words “the President shall, subject to the
provisions of Article 41C, appoint” ; and
(2) in paragraph (2) of that Article, by the substitution for the words “the
President may appoint", of the words “the President may, subject to the
provisions of Article 41C, appoint”.
Amendment of Article 111 of the Constitution.
12. Article 111 of the Constitution is hereby amended as follows :-
(1) by the repeal of paragraph (2) of that Article and the substitution
therefore of the following paragraph :-
"(2) The Judges of the High Court shall –
(a) on the recommendation of the Judicial Service Commission, be appointed by
the President by warrant under his hand and such recommendation shall be made
after consultation with the Attorney-General ;
(b) be removable and be subject to the disciplinary control of the President on
the recommendation of the Judicial Service Commission.” ; and
(2) by the addition immediately after paragraph (3) of that Article, of the
following new paragraph :-
"(4) Any Judge of the High Court may resign his office by writing under his hand
addressed to the President.".
Amendment the Article 111A of the Constitution.
13. Article 111A of the Constitution is hereby amended in paragraph (1) of that
Article, by the substitution for the words "the President may, by warrant,
appoint" of the words "the President may, on the recommendation of the Judicial
Service Commission, by warrant, appoint ".
Insertion of new Article 111B of the Constitution.
14. The following Article is hereby inserted immediately after Article 111A of
the Constitution, and shall have effect as Article 111B of the Constitution :-
"Fiscal for the whole island.
111B. There shall be a Fiscal, who shall be the Fiscal for the whole Island and
who shall exercise supervision and control over Deputy Fiscals attached to all
Courts of First Instance.".
Re-numbering of Article 116 of the Constitution as Article 111C.
15. Article 116 of the Constitution is hereby re-numbered as
Article 111C of the Constitution.
Insertion of Chapter XVA in the Constitution.
16. The following new Chapter is hereby inserted immediately after Article 111C
of the Constitution, and shall have effect as Chapter XVA of the Constitution :-
'CHAPTER XVA - JUDICIAL SERVICE COMMISSION
Constitution of the Judicial Service Commission
111D. (1) There shall be a Judicial Service Commission (in this Chapter referred
to as the "Commission") consisting of the Chief Justice and two other Judges of
the Supreme Court appointed by the President, subject to the provisions of
Article 41C.
(2) The Chief Justice shall be the Chairman of the Commission.
Meetings of the Commission.
111E. (1) The quorum for any meeting of the Commission shall be two members of
the Commission.
(2) A Judge of the Supreme Court appointed as a member of the Commission shall,
unless he earlier resigns his office or is removed therefrom as hereinafter
provided or ceases to be a Judge of the Supreme Court, hold office for a period
of three years from the date of his appointment, but shall be eligible for
re-appointment.
(3) All decisions of the Commission shall be made by a majority of the members
present, and in the event of an equality of votes, the Chairman of the meeting
shall have a casting vote.
(4) The Commission shall have power to act notwithstanding any vacancy in its
membership and no act or proceeding of the Commission shall be, or be deemed to
be invalid by reason only of such vacancy or any defect in the appointment of a
member.
(5) The President may grant to any member of the Commission leave from his
duties and may appoint on the recommendation of the Constitutional Council, a
person qualified to be a member of the Commission to be a temporary member for
the period of such leave.
(6) The President may, on the recommendation of the Constitutional Council, for
cause assigned, remove from office any member of the Commission.
Allowances of members of the Commission
111F. A member of the Commission shall be paid such allowances
as may be determined by Parliament. Such allowances shall be charged on the
Consolidated Fund and shall not be reduced during the period of office of a
member, and shall be in addition to the salary and other allowances attached to,
and received from, the substantive appointment:
Provided that until the amount to be paid as allowances is determined under the
provisions of this Article, the members of the Commission shall continue to
receive as allowances, such amount as they were receiving on the day immediately
preceding the date on which this Chapter comes into operation.
Secretary to the Commission.
111G. There shall be a Secretary to the Commission who shall be appointed by
Commission from among senior judicial officers of the Courts of First Instance.
Powers of the Commission.
111H. (1) The Judicial Service Commission is hereby vested with the power to-
(a) transfer judges of the High Court ;
(b) appoint, promote, transfer, exercise disciplinary control and dismiss
judicial officers and scheduled public officers.
(2) The Commission may make -
(a) rules regarding training of Judges of the High Court, the schemes for
recruitment and training, appointment, promotion and transfer of judicial
offices and scheduled public officers;
(b) provision for such matters as are necessary or expedient for the exercise,
performance and discharge of the powers, duties and functions of the Commission.
(3) The Chairman of the Commission or any Judge of the Supreme Court or Judge of
the Court of Appeal as the case may be, authorized by the Commission shall have
power and authority to inspect any Court of First Instance, or the records,
registers and other documents maintained in such Court, or hold such inquiry as
may be necessary.
(4) The Commission may by Order published in the Gazette delegate to the
Secretary to the Commission the power to make transfers in respect of scheduled
public officers, other than transfers involving increase of salary, or to make
acting appointments in such cases and subject to such limitations as may be
specified in the Order.
Judicial officers and scheduled public officers may resign.
111J. Any judicial officer or scheduled public officer may resign his office by
writing under his hand addressed to the Chairman of the Commission.
Immunity from legal proceedings.
111K. No suit or proceeding shall lie against the Chairman, member or Secretary
or officer of the Commission for any lawful act which in good faith is done in
the performance of his duties or functions as such Chairman, member, Secretary,
or officer of the Commission.
Interference with the Commission is an offence.
111L. (1) Every person who otherwise than in the course of such persons lawful
duty, directly or indirectly, alone or by or with any other person, in any
manner whatsoever, influences or attempts to influence any decision or order
made by the Commission or to so influence any member thereof, shall be guilty of
an offence and shall on conviction be liable to a fine not exceeding one hundred
thousand rupees or to imprisonment for a term not exceeding three years or to
both such fine and imprisonment:
Provided however that the giving of a certificate or testimonial to any
applicant or candidate for any judicial office or scheduled public office shall
not be an offence.
(2) Every High Court established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter referred to In paragraph (1).
Interpretation.
111M. (a) In this Chapter-
"appointment" includes the appointment to act in any office referred to in this
Chapter.
"judicial officer" means any person who holds office as judge, presiding officer
or member of any Court of First Instance, tribunal or institution created and
established for the administration of justice or for the adjudication of any
labour or other dispute, but does not include a Judge of the Supreme Court or of
the Court of Appeal or of the High Court or a person who performs arbitral
functions, or a public officer whose principal duty is not the performance of
functions of a judicial nature; and
"scheduled public officer" means the Registrar of the Supreme Court, the
Registrar of the Court of Appeal, the Registrar, Deputy Registrar or Assistant
Registrar of the High Court or any Court of First Instance, the Fiscal, the
Deputy Fiscal of the Court of Appeal or High Court and any Court of First
Instance, any public officer employed in the Registry of the Supreme Court,
Court of Appeal or High Court or any Court of First Instance included in a
category specified in the Fifth Schedule or such other categories as may be
specified by Order made by the Minister in charge of the subject of Justice and
approved by Parliament and Published in the Gazette.
(b) No court, tribunal or institution shall have jurisdiction to entertain or to
determine the question whether or not a person is a judicial Officer within the
meaning Of the Constitution, but such question shall be determined solely by the
Commission, whose decision thereon shall be final and conclusive.
(c) No act of such person or Proceeding held before such person, prior to such
determination as is referred to in sub-paragraph (b), shall be deemed to be
invalid by reason of such determination.’.
Repeal of Articles 112, 113, 113A, 114, 115 and 117 of the Constitution.
17. Articles 112, 113, 113A, 114, 115 and 117 of the Constitution are hereby
repealed.
Amendment of Article 153 of the Constitution.
18. Article 153 of the Constitution is hereby amended the as follows :-
(1) in paragraph (1)of that Article, by the substitution for the words "shall be
appointed by the President", of the words "shall, subject to the provisions of
Article 41C, be appointed by the President"; and
(2) in paragraph (4)of that article, by the substitution for the words "the
President may appoint", of the words "the President may, subject to the
provisions of Article 41C, appoint".
Amendment of Article 154R of the Constitution.
19. Article 154R of the Constitution is hereby amended in sub-paragraph (c) of
paragraph (1) of that Article, by the substitution for the words "three other
members to represent", of the words "three other members who are appointed by
the President on the recommendation of the Constitutional Council, to
represent".
Insertion of new Chapter XVIIIA in the Constitution.
20. The following new Chapter is hereby inserted immediately
after Article 155 of the Constitution and shall have effect as Chapter XVIIIA of
the Constitution :-
"CHAPTER XVIIIA - NATIONAL POLICE COMMISSION
Constitution of the National Police Commission.
155A. (1) There shall be a National Police Commission (in this Chapter referred
to as the "Commission") consisting of seven members appointed by the President
on the recommendation of the Constitutional Council. The Constitutional Council
may, in making its recommendation, consult the Public Service Commission. The
President shall on the recommendation of the Constitutional Council appoint one
member as the Chairman.
(2) No person shall be appointed as a member of the Commission or continue to
hold office as such member if he is or becomes a member of Parliament, a
Provincial Council or a local authority.
(3) Every person who immediately before his appointment as a member of the
Commission, was a public officer in the service of the State or a judicial
officer, shall upon such appointment taking effect, cease to hold such office,
and shall be ineligible for further appointment as a public officer or a
judicial officer:
Provided that any such person shall, until he ceases to be a member of the
Commission, or while continuing to be a member, attains the age at which he
would, if he were a public officer or a judicial officer, as the case may be, be
required to retire, be deemed to be a public officer or a judicial officer and
to hold a pensionable office in the service of the State, for the purpose of any
provision relating to the grant of pensions, gratuities and other allowances in
respect of such service.
(4) Every member of the Commission shall hold office for a period of three years
from the date of his appointment, unless he becomes subject to any
disqualification under paragraph (2) of this Article, or earlier resigns from
his office by writing addressed to the President or is removed from office by
the President on the recommendation of the Constitutional Council or is
convicted by a Court of law of any offence involving moral turpitude or if a
resolution for the imposition of civic disability upon him has been passed in
terms of Article 81 or is deemed to have vacated his office under paragraph (6)
of this Article.
(5) A member of the Commission shall be eligible for reappointment as a member,
but shall not be eligible for appointment as a public officer or a judicial
officer after the expiry of his term of office as a member. No member shall be
eligible to hold office as a member of the Commission for more than two terms.
(6) In the event of the Chairman or a member of the Commission absenting himself
from three consecutive meetings of the Commission without the prior leave of the
Commission, he shall be deemed to have vacated his office from the date of the
third of such meetings and shall not be eligible to be reappointed as a member
or as a member or as Chairman of the Commission.
(7) The Chairman and members of the Commission shall be paid such allowances as
are determined by Parliament. Such allowances shall be charged on the
Consolidated Fund and shall not be diminished during the term of office of the
Chairman or member.
(8) The Chairman and members of the Commission shall be deemed to be public
servants within the meaning and for the purposes of Chapter IX of the Penal
Code.
Meetings of the Commission.
155B. (1) The quorum for a meeting of the Commission shall be four members.
(2) The Chairman shall preside at all meetings of the Commission and in his
absence a member elected by the members present from amongst the members shall
preside at such meeting.
(3) Decisions of the Commission shall be by a majority of members present and
voting at the meeting at which the decision is taken, and in the event of an
equality of votes the Chairman or the person presiding shall have a casting
vote.
(4) The Commission shall have power to act notwithstanding any vacancy in its
membership, and any act or proceeding or decision of the Commission shall not be
invalid or deemed to be invalid by reason only of such vacancy or any defect in
the appointment of the Chairman or member.
Immunity from legal proceedings.
155C. (1) Subject to the jurisdiction conferred on the Supreme Court under
paragraph (1) of Article 126, no court or tribunal shall have the power or
jurisdiction to inquire into, or pronounce upon or in any manner call in
question any order or decision made by the Commission or a Committee, in
pursuance of any power or duty, conferred or imposed on such Commission or
Committee under this Chapter or under any other law.
Secretary to the Commission.
155D. There shall be a Secretary to the Commission and such other officers
appointed by the Commission on such terms and conditions as may be determined by
the Commission.
Costs and Expenses.
155E. The costs and expenses of the Commission shall be a charge on the
Consolidated Fund.
Interference with the Commission.
155F. (1) Every person who, otherwise than in the course of such person's lawful
duty, directly or indirectly by himself or by or with any other person, in any
manner whatsoever influences or attempts to influence or interferes with any
decision of the Commission or a Committee, or to so influence any member of the
Commission or a Committee, shall be guilty of an offence and shall on conviction
be liable to a fine not exceeding one hundred thousand rupees or to imprisonment
for a term not exceeding seven years, or to both such fine and imprisonment.
(2) A High Court established under Article 154P of the Constitution shall have
jurisdiction to hear and determine any matter referred to in paragraph (1).
Powers of the Commission.
155G. (1) (a) The appointment, promotion, transfer, disciplinary control and
dismissal of police officers other than the Inspector-General of Police, shall
be vested in the Commission. The Commission shall exercise its powers of
promotion, transfer, disciplinary control and dismissal in consultation with the
Inspector General of Police.
(b) The Commission shall not in the exercise of its powers under this Article,
derogate from the powers and functions assigned to the Provincial Police Service
Commissions as and when such Commissions are established under Chapter XVIIA of
the Constitution.
(2) The Commission shall establish procedures to entertain and investigate
public complaints and complaints of any aggrieved person made against a police
officer or the police service, and provide redress in accordance with the
provisions of any law enacted by Parliament for such purpose.
(3) The Commission shall provide for and determine all matters regarding police
officers, including the formulation of schemes of recruitment and training and
the improvement of the efficiency and independence of the police service, the
nature and type of the arms, ammunition and other equipment necessary for the
use of the National Division and the Provincial Divisions, codes of conduct, and
the standards to be followed in making promotions and transfers, as the
Commission may from time to time consider necessary or fit.
(4) The Commission shall exercise all such powers and perform all such functions
and duties as are vested in it under Appendix I of List I contained in the Ninth
Schedule of the Constitution.
Committees of the Commission.
155H. (1) The Commission may delegate to a Committee (not consisting of members
of the Commission) as shall be nominated by the Commission, the powers of
appointment, promotion, transfer, disciplinary control and dismissal of such
categories of police officers as are specified by the Commission.
(2) The Commission shall cause to be published in the Gazette the appointment of
any such Committee.
(3) The procedure and quorum for meetings of such a Committee shall be according
to rules made by the Commission. The Commission shall cause such rules to be
published in the Gazette.
Delegation of functions by the Commission.
155J. (1) The Commission may, subject to such conditions and procedures as may
be prescribed by the Commission, delegate to the Inspector-General of Police or
in consultation with the Inspector-General of Police to any Police Officer, its
powers of appointment, promotion, transfer, disciplinary control and dismissal
of any category of police officer.
(2) The Commission shall cause any such delegation to be published in the
Gazette.
Right of appeal.
155K. (1) A police officer aggrieved by any order relating to promotion,
transfer or any order on a disciplinary matter or dismissal made by the
Inspector-General of Police or a Committee or Police Officer referred to in
Article 155H and 155J in respect of himself, may appeal to the Commission
against such order in accordance with rules made by the Commission from time to
time regulating the procedure and the period fixed for the making, and hearing
of an appeal by the Commission.
(2) The Commission shall have the power to alter, vary, rescind or confirm such
order upon such appeal, or to give directions in relation there to, or to order
such further or other inquiry, as to the Commission shall seem fit.
(3) The Commission shall from time to time cause to be published in the Gazelle,
rules made by it under paragraph (1) of this Article.
(4) Upon any delegation to the Inspector-General of Police or a Committee or
Police Officer under Article 155H and 155J of this Chapter as the case may be,
the Commission shall not whilst such delegation of its powers is in force,
exercise or perform its functions or duties in respect of the categories of
Police Officers in respect of which such delegation is made, subject to the
right of appeal hereinbefore provided.
Appeals to the Administrative Appeals Tribunal.
155L. Any Police Officer aggrieved by any order relating to promotion, transfer,
or any order on a disciplinary matter or dismissal made by the Commission, in
respect of himself may appeal therefrom to the Administrative Appeals Tribunal
established under Article 59, which shall have the power to alter, vary or
rescind any order or decision made by the Commission.
Saving of existing rules and regulations.
155M. Until the Commission otherwise provides, all rules,
regulations and procedures relating to the police force as are in force shall
continue to be operative and in force.
Commission answerable to Parliament.
155N. The Commission shall be responsible and answerable to Parliament in
accordance with the provisions of the Standing Orders of Parliament for the
exercise, performance and discharge of its powers, duties and functions, and
shall forward to Parliament in each calendar year a report of its activities in
such year.”.
Amendment Article 156 of the Constitution.
21. Article 156 of the Constitution is hereby amended as follows :-
(1) in paragraph (2) of that Article, by the substitution for the words "shall
be appointed by the President", of the words "shall, subject to the provisions
of Article 41C, be appointed by the President"; and
(2) in paragraph (5) of that Article, by the substitution for the words "the
President shall appoint", of the words "the President shall, subject to the
provisions of Article 41C, appoint".
Amendment of Article 170 of the Constitution.
22. Article 170 of the Constitution is hereby amended as follows :-
(1) in the definition of the expression "judicial officer", by the substitution
for the words "other than in Article 114,", of the words "other than in Article
111M,"; and
(2) in the definition of the expression "public officer", by the insertion
immediately after paragraph (c), of the following new paragraphs :-
"(ca) a member of the Constitutional Council ;
(cb) a member of the Election Commission ;
(cc) a member of the National Police Commission ;
(cd) the Commissioner-General of Elections ;
(ce) officers appointed to the Election Commission, by the Election Commission
;".
Amendment of the Ninth Schedule to the Constitution.
23. The Ninth Schedule to the Constitution is hereby amended in
Appendix I to List I as follows :-
(1) by the substitution for item 3 of that Appendix of the following :-
"3. Recruitment to the National Police Division and promotion of Police Officers
in the Provincial Divisions to the National Division, shall be made by the
National Police Commission.”;
(2) in item 6 of that Appendix by the substitution for the words "will be
referred to the President,", of the words "will be referred to the National
Police Commission,";
(3) in item 7 of that Appendix, by the substitution for the words "with the
approval of the President,", of the words "with the approval of the National
Police Commission."; and
(4) in item 9:2 of that Appendix, by the substitution for the words "The
President may, where he considers it necessary provide for alternate training
for members of any Provincial Division", of the words " The National Police
Commission may, where he considers it necessary provide for alternate training
for members of any Provincial Division.".
Commissions under repealed Articles 56 and 112 of the Constitution to
continue.
24. (1) The persons holding office on the date prior to the date
of commencement of this Act, as members of the Public Service Commission and the
Judicial Service Commission established by Article 56 and Article 112
respectively, of the Constitution, shall continue to hold office as such members
continue to exercise the powers vested in those Commissions under the
Constitution, prior to the date of commencement of this Act, until the date on
which the members of the Public Service Commission and the Judicial Service
Commission respectively, are appointed under Article 54 and Article 111D
respectively of the Constitution.
(2) The persons holding office on the day prior to the date of commencement of
this Act, as the Secretary to the Public Service Commission and as the Secretary
to the Judicial Service Commission appointed under paragraph (7) of Article 56
and Article 113 respectively, of the Constitution, shall continue to hold such
office under the same terms and conditions.
Chief Justice, Judges of the Supreme Court, President of the Court of Appeal
&c,. to continue to hold office.
25. (a) The Chief Justice and all the Judges of the Supreme Court and the
President and all the Judges of the Court of Appeal holding office on the day
prior to the date of the commencement of this Act, shall, subject to the
provisions of paragraph (3) of Article 41C, continue to hold office.
(b) Every person holding office on the day prior to the date of the commencement
of this Act, as the Attorney-General, the Auditor-General, the Inspector-General
of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the
Secretary-General of Parliament shall, subject to the provisions of paragraph
(3) of Article 41C, continue to hold such office under the same terms and
conditions.
Judges of the High Court &c., to continue to hold office.
26. Every person holding office on the day prior to the date of the commencement
of this Act –
(a) as a Judge of the High Court;
(b) as a judicial officer, a scheduled public officer, a public officer or a
police officer,
shall, continue to hold such office under the same terms and conditions.
Substitution and savings.
27. (1) Unless the context otherwise requires, there shall be substituted for
the expressions "Commissioner of Elections" and "Department of the Commissioner
of Elections" wherever such expressions occur in the Constitution and in any
written law or in any contract, agreement or other document, of the expression
"Election Commission".
(2) The person holding office as the Commissioner of Elections on the day
immediately preceding the date of the commencement of this Act, shall continue
to exercise and perform the powers and functions of the office of Commissioner
of Elections as were vested in him immediately prior to the commencement of this
Act, and of the Election Commission, until an Election Commission is constituted
in terms of Article 103, and shall, from and after the date on which the
Election Commission is so constituted, cease to hold office as the Commissioner
of Elections.
(3) All suits, actions and other legal proceedings instituted by or against the
Commissioner of Elections appointed under Article 103 of the Constitution prior
to the amendment of such Article by this Act, and pending on the day immediately
prior to the date of commencement of this Act, shall he deemed to be suits,
actions and other legal proceedings instituted by or against the Election
Commission, and shall be continued and completed in the name of the Election
Commission.
(4) Any decision or order made, or ruling, given by the Commissioner of
Elections appointed under Article 103 of the Constitution prior to the amendment
of that Article, by this Act, and under any written law on or before the date of
the commencement of this Act, shall be deemed to be a decision or order made or
ruling given, by the Election Commission.
Pending matters before the Public Service Commission to stand removed to the
National Police Commission.
28. All matters pertaining to the appointment, promotion, transfer, disciplinary
control and dismissal of any police officer pending before the Public Service
Commission, on or before the date of the commencement of this Act, shall stand
removed to the National Police Commission established by Chapter XVIIIA of the
Constitution and accordingly such matter shall be continued and completed before
such National Police Commission.
Sinhala text to prevail in case of inconsistency.
29. In the event of any inconsistency between the Sinhala and
Tamil texts of this Act, the Sinhala text shall prevail. |
