Matters pertaining to Defence, National Security, Law and Order &c.

215. (1) Defence, national security and the raising, establishment and maintenance, as provided for by law, of regular, special and para-military forces shall be subjects reserved exclusively for the Central Government.

(2) Law and order including public order and the exercise of police powers shall �

(a) be reserved exclusively for the Central Government in the Capital Territory and in cases expressly provided for in the Constitution; and

(b) subject to sub-paragraph (a) of this paragraph, be devolved in the Regions.

(3) (a) The nature, type and quantity of firearms, ammunition, explosives, armaments and other equipment for all Regional Police Services shall be determined by the National Police Commission after consulting the Regional Police Commissions as to the requirements of the respective Regional Police Services, and uniform standards and principles shall be applied for all Regional Police Services.

(b) It shall be the responsibility of the Central Government to procure and issue such firearms, ammunition, explosives, armaments and other equipment determined under sub-paragraph (a) of this paragraph.

216. (1) (a) There shall be a National Police Service headed by the National Police Commissioner, and including the National Deputy Police Commissioners, Senior Superintendents of Police, Superintendents of Police, Assistant Superintendents of Police, and other ranks recruited at the national level.

(b) There shall be a National Police Commission consisting of five members appointed by the President on the recommendation of the Constitutional Council and the President shall appoint one of the members as the Chairperson of the Commission, so however that the three major communities shall be represented on the Commission.

(c) Notwithstanding anything in Chapter XX, the National Police Commission shall be responsible for recruitment, promotion, transfer, disciplinary control and dismissal of officers in the National Police Service and for the transfer of officers of a Regional Police Service from one Region to another in consultation with the relevant Regional Police Commissions.

(d) The National Police Commission may delegate the powers of the Commission relating to disciplinary control of any category of officers of the National Police Service, to any officer of the police service not below the rank of a Senior Superintendent of Police.

(e) The provisions of paragraphs (2), (4), (5), (6), (7), (9) and (10) of Article 194, paragraphs (2), (3) and (5) of Articles 196 and Articles 197, 198 and 199 shall, mutatis mutandis, apply to the National Police Commission.

(f) The National Police Commissioner or a National Deputy Police Commissioner may transfer a national police officer subject to confirmation by the National Police Commission within one month of the order of transfer.

(2) Subject to the provisions of this Chapter, the following offences shall be exclusively investigated by the National Police Service -

(a) any offence against the Republic;

(b) any offence relating to the National Police, Army, Navy and Air Force;

(c) any offence relating to elections;

(d) any offence committed against the President;

(e) any offence committed against the Prime Minister, the Speaker of Parliament, a Minister of the Cabinet of Ministers, a Deputy Minister or a Member of Parliament;

(f) any offence committed against a Judge of the Supreme Court or the Court of Appeal, a member of the Constitutional Council, a member of any of the Commissions specified in the Schedule to Article 123 and persons holding any of the offices specified in the Schedule to Article 124, a member of the National Police Commission, the Secretary-General of Parliament, a member of the President�s staff, a member of the Prime Minister�s staff, or a member of the staff of Parliament;

(g) any offence prejudicial to national security or the maintenance of essential services;

(h) any offence relating to coins, currency and Government stamps;

(i) any offence relating to property belonging to the Republic or a public corporation, company or establishment, the whole or part of the capital whereof has been provided by the Republic;

(j) any offence in respect of which courts in more than one Region have jurisdiction;

(k) any international crime;

(l) any offence under any law relating to any matter in the Reserved List; and

(m) any offence committed within the Capital Territory.

(3) All specialized agencies of the Sri Lanka Police existing immediately prior to the commencement of the Constitution shall form part of the National Police Service.

(4) The National Police Service shall be responsible for the prevention, detection and investigation of all offences committed within the Capital Territory and offences, the investigation of which is reserved exclusively to the National Police Service by paragraph (2) of this Article, and the institution of prosecutions in the relevant courts, other than prosecutions on indictment presented by the Attorney-General, in respect of such offences.

(5) Save as otherwise expressly provided in the Constitution, all officers in the National Police Service shall hold office at pleasure.

Regional Police Service and Regional Police Commission

217. (1) (a) There shall be a Regional Police Service for each Region headed by a Regional Police Commissioner who shall be appointed by the Regional Police Commission with the concurrence of the Board of Ministers of the Region .

(b) (i) There shall be a Regional Police Commission for each Region consisting of five members, of whom two members shall be appointed by the Chief Minister of the Region and three members representing the three major communities of the Region shall be appointed by the Governor of that Region upon being nominated by the Constitutional Council acting in consultation with the Board of Ministers for that Region.

(ii) The Governor of the Region shall, in consultation with the members of the Regional Police Commission, appoint one of the members as the Chairperson of the Commission.

(c) (i) Subject to the succeeding provisions of this sub-paragraph the Regional Police Commission shall be responsible for the recruitment, promotion, transfer, disciplinary control and dismissal of officers of the Regional Police Service.

(ii) The Regional Police Commission in exercising its powers under this Article may, if it deems it appropriate, adopt any criteria specified by the National Police Commission in respect of matters referred to in sub-paragraph (c) (i).

(iii) The Regional Police Commissioner or a Regional Deputy Police Commissioner may transfer a regional police officer within the Region, subject to confirmation by the Regional Police Commission within one month of the order of transfer.

(d) The provisions of paragraphs (2), (3), (4), (5) of Article 200 and of paragraphs (3), (4), (5) and (6) of Article 202 shall, mutatis mutandis, apply to a Regional Police Commission.

(2) The Regional Police Service shall consist of the Regional Police Commissioner, Regional Deputy Police Commissioners, Regional Senior Superintendents of Police, Superintendents of Police, Assistant Superintendents of Police, Chief Inspectors, Inspectors of Police, Sergeants and Constables and other ranks recruited to the Regional Police Service of a Region or seconded to the Region.

(3) Save as otherwise expressly provided in the Constitution, all officers in the Regional Police Service shall hold office at pleasure.

(4) The Regional Police Commissioner shall be responsible to the Minister of the Board of Ministers in charge of the subject of law and order in respect of the exercise of powers by the Regional Police Service.

(5) The Regional Police Service shall be responsible for the prevention, detection and investigation of all offences (except the offences specified in paragraph (2) of Article 216) committed within the Region and the institution of prosecutions in the relevant courts, other than prosecutions on indictments presented by the Attorney-General, in respect of such offences.

218. (1) Where the Chief Minister of a Region seeks the assistance of the National Police Service to preserve public order within the Region, the National Police Commissioner shall deploy such personnel as are necessary for the purpose.

(2) Notwithstanding anything to the contrary in this Chapter but subject to sub-paragraph (b) of this paragraph -

(a) it shall be the duty of every officer of the National Police Service or Regional Police Services to take all measures for the prevention, detection and investigation of all offences;

CHAPTER XXIII: PUBLIC SECURITY

Public Security.

219. (1)The Public Security Ordinance in force at the commencement of the Constitution shall be deemed to be a law enacted by Parliament.

(2) The power to make emergency regulations under the Public Security Ordinance or the law for the time being in force relating to public security, shall include the power to make regulations �

(a) on any matter in List I of the Second Schedule ; and

(b) to the extent strictly required in the interests of public security and the preservation of public order or for the maintenance of supplies and services essential to the life of the community, on any matter in List II of the Second Schedule,

having the legal effect of over-riding, amending or suspending the operation, of the provisions of any written law except the provisions of the Constitution.

(3) Subject to the provisions of this Chapter, the provisions of any law relating to public security empowering the President to make emergency regulations shall not come into operation, except upon the making of a Proclamation under such law, bringing such provisions into operation.

(4) The provisions of paragraphs (1), (2), (3), (4), (5) and (6) of Article 222 shall, mutatis mutandis, apply to a Proclamation referred to in paragraph (3) of this Article.

State of emergency within a Region

220. (1)Where the President, upon being advised by the Prime Minister, is of opinion that the security or public order in a Region is threatened by armed insurrection, grave internal disturbances or by any act or omission of the Regional Administration which presents a clear and present danger to the unity and sovereignty of the Republic, the President may make a Proclamation bringing the provisions of the law relating to public security into force in the Region.

(2) Upon the making of a Proclamation pursuant to paragraph (1) of this Article, the President may-

(a) by order deploy in aid of the civil power, the armed forces or any unit of the National Police Service for the purpose of restoring public order; and

(b) make regulations having the legal effect of over-riding, amending or suspending the operation of any written law, except the provisions of the Constitution, relating to any matter in List I of the Second Schedule or any matter provided for in Chapter XXII.

(3) Every Proclamation made pursuant to paragraph (1) of this Article shall be revoked, as soon as the President is satisfied that public order has been restored in the Region.

Proclamation of emergency on the request of the Governor

221. (1) (a) Where the Governor of a Region, upon being advised by the Chief Minister of the Region is of opinion that a situation has arisen in the Region or part thereof wherein the preservation of public order or the maintenance of supplies and services essential to the life of the com-munity is threatened, the Governor may request the President to make a Proclamation bringing the provi-sions of the law for the time being in force relating to public security into force in the Region or part thereof.

(b) Where the President makes a Proclamation pursuant to sub-paragraph (a) of this paragraph, it shall be lawful-

(i) for the Central Government, its representatives or agencies, to exercise authority in respect of any sub-ject or function contained in List II of the Second Schedule as may be specified by the Governor act-ing on the advice of the Chief Minister of the Region;

(ii) for the President to make regulations under the law for the time being in force relating to public secu-rity having the legal effect of over-riding, amend-ing or suspending the operation of the provisions of any written law, except the provisions of the Con-stitution, relating to any matter as may be specified by the Governor acting on the advice of the Chief Minister of the Region, in List II of the Second Schedule.

(2) The regulations under sub-paragraph (b) (ii) of paragraph (1) of this Article, shall as far as is practicable be made in consultation with the Governor acting on the advice of the Chief Minister of the Region and the Regional Advocate-General of the relevant Region.

Communication of Proclamation to Parliament and Regional Councils

222. (1) Upon the making of a Proclamation pursuant to Articles 220 and 221, the occasion thereof shall, subject to the other provisions of this Article, be forthwith communicated to Parliament and, accordingly -

(a) if such Proclamation is issued after the dissolution of Parliament such Proclamation shall operate as a summoning of Parliament to meet on the tenth day after such Proclamation, unless the Proclamation appoints an earlier date for the meeting which shall not be less than three days from the date of the Proclamation and the Parliament so summoned shall be kept in session until the expiration or revocation of such or any further Proclamation or until the conclusion of the General Election, whichever event occurs earlier, and shall thereupon stand dissolved;

(b) if Parliament is at the date of the making of such Proclamation separated by any such adjournment or prorogation as will not expire within ten days, a Proclamation shall be issued for the meeting of Parliament within ten days.

(2) Where the provisions of the law relating to public security have been brought into operation in a Region by the making of a Proclamation under such law, such Proclamation shall, subject to the succeeding provisions of this Article, be in operation for a period of one month from the date of the making thereof, but without prejudice to the earlier revocation of such Proclamation or to the making of a further Proclamation at or before the end of that period.

(3) (a) A Proclamation made pursuant to Articles 220 and 221 shall, subject to sub-paragraph (b) of this paragraph, expire after a period of fourteen days from the date on which such Proclamation has been made, unless such Proclamation is approved by a resolution of Parliament .

(b) Where Parliament �

(i) stands dissolved at the date of the making of such Proclamation ; or

(ii) is at such date separated by any such adjournment or prorogation as is referred to in sub-paragraph (1) (b) of this Article ; or

(iii) does not meet when summoned to meet as provided in sub-paragraph (a) or (b) of paragraph (1) of this Article,

then such Proclamation shall expire at the end of ten days after the date on which Parliament shall next meet and sit, unless approved by a resolu-tion at such meeting of Parliament.

(4) Upon the revocation by the President of a Proclamation made pursuant to Articles 220 or 221 within a period of fourteen days from the date on which the Proclamation was made or upon the expiration of such a Proclamation in accordance with the provisions of paragraph (3) of this Article, a Proclamation made pursuant to Articles 220 and 221 made within thirty days next ensuing shall not come into operation until the making thereof shall have been approved by a resolution of Parliament.

(5) If Parliament does not approve any Proclamation made pursuant to Articles 220 and 221 such Proclamation shall, immediately upon such disapproval, cease to be valid and of any force in law but without prejudice to anything lawfully done thereunder.

(6) If the making of a Proclamation cannot be communicated to and approved by Parliament by reason of the fact that Parliament does not meet when summoned, nothing contained in paragraph (3) or (4) of this Article shall affect the validity or operation of such Proclamation and in such event, Parliament shall again be summoned to meet as early as possible thereafter.

(7) Notwithstanding anything in the preceding provisions of this Article, a Proclamation made pursuant to Articles 220 and 221 shall be communicated forthwith to the Regional Council of the Region in respect of which the Proclamation is made and �

(a) in the case of a Proclamation made pursuant to Article 220, and which has been in operation in the Region for a period of ninety consecutive days shall cease to be in force in that Region unless approved by the Regional Council thereof within ten days of the expiration of that period or, if the Regional Council stands adjourned, prorogued or dissolved at the expiration of such period, unless approved at the first meeting of the Regional Council held thereafter;

(b) in the case of a Proclamation made pursuant to Article 221, shall cease to be in force in that Region unless approved by the Regional Council thereof within a period of fourteen days of such communication or, if the Regional Council stands adjourned, prorogued or dissolved at the expiration of such period, unless approved at the first meeting of the Regional Council held thereafter.

Assumption of powers by the President

223. (1) Where the President, upon being advised by the Prime Minister, is of opinion that a situation has arisen in which a Regional Administration is promoting armed rebellion or insurrection or engaging in an intentional violation of Article 1 or 2 or 3, or the provisions of Chapter XV or Chapter XXII of the Constitution which constitutes a clear and present danger to the unity and sovereignty of the Republic, the President may, by Proclamation�

(a) assume to the President, all or any of the functions of the administration of the Region and all or any of the powers vested in, or exercisable by, the Governor, the Chief Minister, the Board of Ministers or any body or authority in the Region; and

(b) where it is necessary for the effectual exercise of the powers under sub-paragraph (a) of this paragraph, dissolve the Regional Council.

(2) Every Proclamation made pursuant to paragraph (1) of this Article shall be forthwith laid before Parliament.

(3) Any Proclamation made pursuant to paragraph (1) of this Article, may be revoked or varied by a subsequent Proclamation.

(4) (a) The President shall, within fourteen days of making a Proclamation pursuant to paragraph (1) of this Article, for the purpose of ascertaining the continued existence of the situation which necessitated the making of such Proclamation and any other relevant matter, direct that a tribunal be constituted in the manner provided in paragraph (5) of this Article, to inquire into and report upon such matters within a period of sixty days from the date of such Proclamation.

(b) Upon receipt of the report of such tribunal, the President shall�

(i) cause the report to be laid before Parliament within a period of thirty days; and

(ii) if the tribunal reports that the situation necessitating a Proclamation made pursuant to paragraph (1) of this Article has ceased to exist, revoke the Proclamation, and in any case where the Regional Council has been dissolved, re-summon such Regional Council.

(5) The tribunal referred to in paragraph (4) of this Article shall consist of a member appointed by the President, a member appointed by the Chief Minister of the relevant Region, and where the Regional Council for that Region has been dissolved, by the person who held office as Chief Minister at the time of such dissolution, and a Chairperson nominated by the members so appointed and, where there is no agreement on the nomination of a Chairperson, the Chairperson shall be nominated by the Constitutional Council.

(6) A court or tribunal shall not have the power or jurisdiction to inquire into, pronounce upon, or in any manner call in question, a report of a tribunal referred to in paragraph (4) of this Article.

Proclamations not to be called in question in any court or tribunal

224. Every Proclamation referred to in this Chapter shall be conclusive for all purposes and shall not be questioned in any court, tribunal, save and except a tribunal constituted in accordance with Article 223, or other institution shall not inquire into, or pronounce on, or in any manner call in question, such Proclamation or the grounds for making thereof.

Matters pertaining to Local Government

226. (1) Subject to the provisions of the Constitution, Local Government shall be a subject devolved on the Regions in accordance with the provisions of this Chapter.

(2) There shall be a system of Local Government consisting of regularly elected local authorities for the entirety of each Region..

(i) a common nomenclature to be used in all the Regions for the different categories of local authorities ;

(ii) uniform criteria to be applied in all the Regions for converting a local authority of one category established for any area to a local authority of another category ; and

(iii) uniform criteria to be applied in all the Regions for the re-demarcation of the limits of any local authority area.

(4) Every Statute made by a Regional Council of a Region relating to elections to local authorities in that Region, under paragraph (3) of this Article, shall as far as practicable, provide for the adequate representation of women, persons under thirty five years of age and the major communities ordinarily resident in the local authority area for which a local authority is established.

228. (1) Where any person is empowered under the provisions of the Constitution to delegate any power, duty or function to any other person, such person delegating such power, duty or function may, notwithstanding such delegation, exercise, perform or discharge such power, duty or function and may at any time revoke such delegation.

229. (1) Unless Parliament otherwise provides, all laws, written and unwritten, in force at the commencement of the Constitution, shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, continue in force and laws so continuing in force are referred to in the Constitution as "existing law".

(2) All written laws including Statutes of Provincial Councils and subordinate legislation continuing in force as provided in paragraph (1) of this Article are referred to in the Constitution as "existing written law".

(3) Save as otherwise provided in the Constitution, existing laws are not, and shall not in any manner be deemed to be, provisions of the Constitution.

(4) Wherever the Constitution provides that any provision of any existing written law or of the Constitution shall continue in force until or unless Parliament otherwise provides, any law of Parliament so providing may be passed by a majority of the members present and voting.

232. (1) Unless the Constitution otherwise provides, the past operation of any written law in force prior to the commencement of the Constitution or anything duly done or suffered or any offence committed or any right, liberty, obligation or penalty acquired or incurred under any written law in force prior to the commencement of the Constitution shall not in any manner be affected or be deemed to be affected by the Constitution coming into force.

234. Notwithstanding anything to the contrary in the Constitution -

236. (1) Notwithstanding anything in the Constitution�

(i) held office in a court or tribunal deemed, by virtue of the provisions of paragraph (2) of Article 146, to be a court or tribunal created and established by Parliament;

(ii) was in the service of the Republic, any local authority or any public corporation;

(iii) held office in any local authority or public corporation; or

(iv) held any appointment under any existing written law, shall continue in such service or hold such office or appointment, as the case may be, on the same terms and conditions.

Commissions &c, under 1978 Constitution

237. The persons holding office, on the day immediately prior to the commencement of the Constitution, as members respectively, of the Public Service Commission, the Judicial Service Commission and the Fi-nance Commission established by the 1978 Constitution or of a Provin-cial Public Service Commission shall cease to hold such offices at the commencement of the Constitution.

Provisions relating to Regional Councils

238. (1) Where a Provincial Council established for a Province by the 1978 Constitution was functioning immediately prior to the commence-ment of the Constitution, a Regional Council shall, with effect from the commencement of the Constitution and notwithstanding anything to the contrary in the Constitution, be deemed to have been established for the Region which corresponds to that Province.

(2) Every person holding office, immediately prior to the commence-ment of the Constitution, as a Member of a Provincial Council referred to in paragraph (1) shall be deemed, with effect from the commencement of the Constitution, to have been elected as a Member of the corresponding Regional Council and shall hold office as such member until the expiry of a period of five years calculated from the date appointed for the first meeting of such Provincial Council.

(3) Every person holding office, immediately prior to the commence-ment of the Constitution, as a Governor of a Province, shall, with effect from the commencement of the Constitution and until such time as a Governor is appointed under Article 129, discharge the functions of the office of Governor in the Region corresponding to such Province.

(4) Every person holding office, immediately prior to the commence-ment of the Constitution, as the Chief Minister of a Province shall, with effect from the commencement of the Constitution, be deemed to have been appointed under Article 134 as the Chief Minister of the Region which corresponds to that Province.

(7) Every national public officer who was, immediately prior to the commencement of the Constitution, serving in a Province in a depart-ment relating to a matter with respect to which a Regional Council has, by the Constitution, exclusive power to make Statutes, shall decide within a period of one year of the commencement of the Constitution, whether such national public officer shall continue as a national public officer or join the corresponding regional public service or any other Regional Public Service which consents to employ such national public officer, and where such officer fails to inform the Secretary of the National Public Service Commission of his or her decision within such period, such officer shall be deemed to have decided to continue as a national public officer.

Time limit for appointment &c

239. Unless the Constitution otherwise provides, appointments to all offices and bodies created or established by the Constitution shall be made within six months of the commencement of the Constitution.

Provision regarding Bills

240. All Bills presented in Parliament functioning immediately prior to the commencement of the Constitution and pending immediately prior to the commencement of the Constitution shall be deemed to have been presented in Parliament after the commencement of the Constitution, and may be proceeded with in accordance with the provisions of this Constitution and the Standing Orders of Parliament.

Provision regarding Investment Treaties

241. Every Treaty or Agreement between the Government of Sri Lanka and the Government of any foreign State approved by Parliament under Article 157 of the 1978 Constitution and subsisting immediately prior to the commencement of the Constitution, shall be deemed to be a Treaty or Agreement approved by Parliament under Article 226 of this Constitu-tion and shall have effect accordingly.

Provision regarding courts &c.

242. (1) All references respectively, in any existing written law to the "Supreme Court", and the "Court of Appeal" shall unless the context otherwise requires, be deemed to be references respectively to the Su-preme Court and the Court of Appeal, created and established by this Constitution.

(3) All judgments and orders respectively of the Supreme Court and the Court of Appeal delivered or made immediately prior to the com-mencement of the Constitution, shall be deemed to have been delivered or made respectively, by the Supreme Court and the Court of Appeal cre-ated and established by this Constitution and shall have effect accordingly.

(6) No appeal shall lie from any judgement, order or decree of the Supreme Court created and established by the 1978 Constitution to the Supreme Court created and established by the Constitution but such judgement, order or decree, as the case may be, shall be final as between the parties to the action, application or other proceeding in which such judgement, order or decree was made.

(8) If any matter or question shall arise with regard to any procedure or practice to be followed in any court in consequence of the coming into operation of this Constitution , not provided for in the Constitution or any written law, the Chief Justice shall have the power to give such directions as the Chief Justice may consider necessary to prevent injustice or as the justice of the case may require and to ensure that the provisions of Chapters XVII, XVIII and XIX of the Constitution are given full and complete effect.