1. This Act may be cited as the Sixth Amendment to
the Constitution.
157A. (1) No person shall, directly or indirectly,
in or outside Sri Lanka, support, espouse, promote,
finance, encourage or advocate the establishment of a
separate State within the territory of Sri Lanka.
(2) No political party or other association or
organisation shall have as one of its aims or objects
the establishment of a separate State within the
territory of Sri Lanka.
(3) Any person who acts in contravention of the
provisions of paragraph (1) shall, on conviction by
the Court of Appeal, after trial on indictment and
according to such procedure as may be prescribed by
law,-
(a) be subject to civic disability for such period
not exceeding seven years as may be determined by
such Court;
(b) forfeit his movable and immovable property
other than such property as is determined try an
order of such Court as being necessary for the
sustenance of such person and his family ;
(c) not be entitled to civic rights for such
period not exceeding seven years as may be determined
by such Court, and
(d) if he is a Member of Parliament or a person in
such service or holding such office as is referred to
in paragraph (1) of Article 165, cease to be such
Member or to be in such service or to hold such
office
(4) Where any political party or other association
or organisation has as one of its aims or objects the
establishment of a separate State within the
territory of Sri Lanka, any person may make an
application to the Supreme Court for a declaration
that such political party or other association or
organisation has as one of its aims or objects the
establishment of a separate State within the
territory of Sri Lanka. The Secretary or other
officer of such political party or other association
or organisation shall be made a respondent to such
application.
(5) Where the Supreme Court makes a declaration
under paragraph (4) in relation to any political
party or other association or organisation, in
pursuance of an application made to it under that
paragraph
(a) that political party or other association or
organisation shall be deemed, for all purposes to be
proscribed and any member of such political party or
other association or organisation who is a Member of
Parliament shall be deemed to have vacated his seat
in Parliament with effect from the date of such
declaration, and any nomination paper submitted by
such political party or other association or
organisation shall be deemed for all purposes to be
invalid;
{b) any person who holds office or is a member of
that political party or other association or
organisation, after the date of such declaration,
shall be guilty of an offence and shall, on
conviction, by the Court of Appeal after trial on
indictment and according to such procedure as maybe
prescribed by law -
(i) be subject to civic disability for such period
not exceeding seven years as may be determined by
such Court;
(ii) forfeit his movable and immovable property
other than such property as is determined by an order
of such Court as being necessary for the sustenance
of such person and his family;
(iii) not be entitled to civic rights for such
period not exceeding seven years as may he determined
by such Court;
(iv) if he is a Member of Parliament or a person
in such service or holds such office as is referred
to in paragraph (1) of Article 165, cease to be such
Member or to be in such service or hold such
office.
(6) The execution of any punishment imposed under
paragraph (3) or sub-paragraph (b) of paragraph(5)
shall not be stayed or suspended pending the
determination of any appeal against such punishment
or the conviction in consequence of which such
punishment was imposed.
(7) Every officer or person who was or is required
by, Article 32 or Article 53, Article 61 or Article
107 or Article 165 or Article 169 (12), to take and
subscribe or to make and subscribe an oath or
affirmation, every member of, or person in the
service of , a local authority, Development Council,
Pradeshiya Mandalaya Gramodaya Mandalaya or public
corporation and every attorney-at-law shall -
(a) if such officer or person is holding office on
the date of coming into force of this Article, make
and subscribe, or take and subscribe, an oath or
affirmation in the form set out in the Seventh
Schedule, before such person or body if any, as is
referred to in that Article, within one month of the
date on which this Article comes into force;
(b) if such person or officer is appointed to such
office after the coming into force of this Article,
make and subscribe or take and subscribe, an oath or
affirmation, in the form set out in the Seventh
Schedule, before such person or body, if any, as is
referred to in that Article within one month of his
appointment to such office.
The provisions of Article 165 and Article 169 (12)
shall, mutatis mutandis, apply to, and in relation
to, any person or officer who fails to take and
subscribe, or make and subscribe, an oath or
affirmation as required by this paragraph.
(8) (a) Every person who is a Member of Parliament
on the coming into force of this Article shall not be
entitled to sit and vote in Parliament unless he
takes and subscribes or makes and subscribes an oath
or affirmation in the form set out in the Seventh
Schedule.
(b) Every person who is elected or nominated as a
Member of Parliament on or after the coming into
force of this Article shall not he entitled to sit
and vote in Parliament unless he takes and subscribes
or makes and subscribes an oath or affirmation in the
form set out in the Seventh Schedule.
(9) No person who has taken and subscribed or made
and subscribed an oath or affirmation in the form set
out in the Seventh Schedule shall, notwithstanding
any provision to the contrary in the Constitution be
required to take and subscribe or make and subscribe
any other oath or affirmation required to be taken
and subscribed or made and subscribed under the
Constitution .
(10) Parliament may, by resolution, determine such
other categories of persons or officers to whom the
provisions of paragraph (7) shall apply and
thereupon, the provisions of such paragraph shall,
mutatis mutandis apply to' and in relation to,
officers or persons of that category.
(11) The jurisdiction of the Court of Appeal in
respect of its powers under this Article shall be
exercised in the manner provided in subparagraph (iv)
of the proviso to paragraph (2) of Article 146.
(12) In this Article, " civic rights " means -
(a) the right to obtain a passport,
(b) the right to sit for any public examination;
(c) the right to own any immovable property;
(d) the right to engage in any trade or profession
which requires a licence, registration or other
authorisation, by or under any written law.'
(1) in sub-paragraph (iii) of that paragraph, by
the substitution, for the words " to fill such
vacancy. Upon receipt of such nomination, the
Commissioner ", of the following:
" to fill such vacancy. A nomination made by the
Secretary of such political party under this
sub-paragraph shall be accompanied by an oath or
affirmation, as the case may be, in the form set out
in the Seventh Schedule, taken and subscribed or made
and subscribed, as the case may be, by the person
nominated to fill such vacancy. Upon the receipt of
such nomination, accompanied by such oath or
affirmation, the Commissioner ";
(2) in the proviso to sub-paragraph (iii) of that
paragraph by the substitution -
(a) for the words ``within thirty days of his
being required to do so ", of the following:-
"within thirty days of his being required to do so
and in the aforesaid manner",
(b) for the words "vacancy, then Commissioner of
Elections", of the words and figures " vacancy, or
where such political party is deemed to be proscribed
under Article 157A, then the Commissioner of
Elections"; and
(3) by the addition, immediately after
sub-paragraph (iii) of that paragraph, of the
following sub-paragraph:-
"(iv) There a Member nominated of elected to fill
any such vacancy as is referred to in subparagraph
(i) or sub-paragraph (ii), being a Member who has
taken and subscribed or made and subscribed, an oath
or affirmation in the form set out in the Seventh
Schedule, directly or indirectly, in or outside Sri
Lanka, supports, espouses, promotes, finances,
encourages or advocates the establishment of a
separate State within the territory of Sri Lanka, any
person may make an application to the Court of Appeal
for a declaration that such member has directly or
indirectly, in or outside Sri Lanka supported,
espoused, promoted, financed, encouraged or advocated
the establishment of a separate State within the
territory of Sri Lanka.
If the Court of Appeal makes, on such application,
a declaration that such Member has directly or
indirectly, in or outside Sri Lanka, supported,
espoused, promoted, financed, encouraged or advocated
the establishment of a separate State within the
territory of Sri :Lanka, the seat of such Member
shall be - deemed to be vacant with effect from the
date of such declaration and such Member shall be
disqualified from sitting and voting in Parliament
and from being elected or nominated to Parliament for
a period of seven years from the date of such
declaration. The vacancy occurring in the membership
of Parliament by reason of such declaration shall be
filled in the manner provided in paragraph (iii).
The jurisdiction of the Court of Appeal in respect
of its powers under this sub-paragraph shall be
exercised in the manner provided in sub-paragraph
(iv) of the proviso to paragraph (2) of Article
146.".
5. The Constitution is hereby amended by the
addition, at the end thereof, of the following Schedule
which shall have effect as the Seventh Schedule to the
Constitution:-
I ..............................do solemnly declare
and affirm / swear that I will uphold and defend the
Constitution of the Democratic Socialist Republic of
Sri Lanka and that I will not, directly or indirectly,
in or outside Sri Lanka, support, espouse, promote,
finance, encourage or advocate the establishment of a
separate State within the territory of Sri Lanka."
