Sri Lanka Draft Constitution - Ch 7 to 12

Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

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Chandrika's 'Devolution Proposals'

Sri Lanka Draft Constitution - March 1997

The Central Executive - The President of the Republic

53. There shall be a President of the Republic of Sri Lanka, who is the Head of the State, and the Commander-in-Chief of the Armed Forces.

54. (1) Subject to the provisions of the Constitution, any citizen who is qualified as an elector may be elected by Parliament to the office of President of the Republic of Sri Lanka, in accordance with the provisions of paragraph (3) of this Article and with such procedure as may be provided for by law or standing orders, and by at least two- thirds of the whole number of Members of Parliament (including those not present) voting in his favour; and the person so elected shall assume office as President of the Republic of Sri Lanka upon his taking the following oath or making the following affirmation before the Chief Justice or, in the absence of the Chief Justice, any other Judge of the Supreme Court:

"I ....... do solemnly declare and affirm/swear that I will be faithful and bear true allegiance to the Republic of Sri Lanka, that I will uphold the Constitution of Sri Lanka and shall faithfully perform the duties and functions of the office of President of the Republic of Sri Lanka in accordance with the Constitution and with the law."

(2) Upon the assumption of office, the President shall cease to hold any other office created or recognised by the Constitution and if he is a Member of Parliament or a Regional Council shall vacate his seat in Parliament or Regional Council, as the case may be. The President shall not hold any other office or place of profit whatsoever.

(3) The election of the President shall, whenever such election is contested, be according to the principle of the single transferable vote and Parliament shall by law or Standing Orders provide for all matters relating to the procedure for the election of the President by Parliament and all other matters necessary or incidental thereto.

55. In addition to the powers and functions expressly conferred on or assigned to him by the Constitution or by any written law, the President shall have the power -

(a) to make the statement of government policy in Parliament at the commencement of each session of Parliament;

(d) to appoint the Prime Minister, the other Ministers of the Cabinet and Deputy Ministers, and Governors of Regions;

(e) to receive and recognise, appoint and accredit Ambassadors, High Commissioners, Plenipotentiaries and other diplomatic agents;

(f) to keep the Public Seal of the Republic, and to make and execute under the Public Seal, the Acts of Appointment of the Prime Minister and other Ministers of the Cabinet of Ministers, the Governors of Regions, the Chief Justice and other Judges of the Supreme Court, the Court of Appeal and the Regional High Court, such grants and dispositions of lands and immovable property vested in the Republic as heirs by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that Seal;

(h) to appoint as President's Counsel, Attorneys-at-Law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude;

(i) to declare a state of emergency within a Region and to dissolve a Regional Council, in accordance with the provisions of the Constitution; and

(j) to do all such acts and things, not being inconsistent with the provision of the Constitution or written law as by international law, custom or usage he is required or authorised to do.

56. (1) The President may in the case of any offender, convicted of any offence in any Court within the Republic of Sri Lanka -

(b) grant any respite, either indefinite or for such period as the President may think fit, of the execution of any sentence passed on such offender;

(d) remit the whole or any part of any punishment imposed, or of any penalty or forfeiture otherwise due to the Republic, on account of such offence:

Provided that where any offender shall have been condemned to suffer death by the sentence of any Court, the President shall cause a report to be made to him by the Judge who tried the case and shall forward such report to the Attorney-General with instructions that after the Attorney-General has advised thereon, the report shall be sent together with the Attorney-General's advice to the Minister in charge of the subject of Justice, who shall forward the report with his recommendation to the President.

(2) The President may in the case of any person who is or has becomes subject to any disqualification specified in any law relating to the election of members of Parliament -

57. While any person holds office as President, no proceedings shall be instituted or continued against him in any court or tribunal in respect of anything done or omitted to be done by him in his official capacity.

58. (1) Parliament shall by resolution determine the salary, allowances and pension entitlement of the holders of the office of President. Such pension shall be in addition to any other pension to which such person is entitled by virtue of any prior service.

(2) The salary, allowances and pension of the President shall be charged on the Consolidated Fund.

(3) Parliament may by resolution increase, but shall not reduce, the salary, allowances or pension entitlement of the holder of the office of President.

59. (1) Subject to the provisions of paragraph (2) of this Aarticle, the President shall hold office for period of five years:

Provided that, notwithstanding the expiration of this period, the President shall remain in office until the next President assumes office.

(2) No person who has been twice elected to the Office of President by Parliament shall be qualified thereafter to be elected to such office by Parliament.

(b) on the President resigning his office by a writing addressed to the Speaker; or

(c) on a unanimous decision by a committee consisting of the Speaker, Prime Minister and Leader of the Opposition that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity; or

(d) on Parliament passing by at least two-thirds of the whole number of members of Parliament (including those not present) voting in its favour a resolution of no-confidence against the President, introduced by any Member by a written notice, addressed to the Speaker and signed by such Member and by at least half the total number of members of Parliament.

60. (1) The President shall always, except on the appointment of the Prime Minister and as otherwise required by the Constitution, act on the advice of the Prime Minister, or of such other Minister to whom the Prime Minister may have given authority to advise the President on any particular function assigned to that Minister.

(2) No institution administering justice and likewise no other institution, person or authority shall have the power or jurisdiction to inquire into, pronounce upon or in any manner call in question any act or omission on the part of the President on the ground that the provisions of paragraph (1) of this Article have not been complied with.

61. (1) Whenever the President is prevented by illness or any other cause from performing the duties of his office, or is absent from Sri Lanka, or during any period in which the office of President of the Republic of Sri Lanka is otherwise vacant, the Chief Jusutice shall act in the office of the President of the Republic of Sri Lanka unless another person is elected by Parliament to act in such office; such person shall, before assuming office, take the oath in the form and manner prescribed in Article 54.

(2) Any person acting in the office of the President of the Republic of Sri Lanka shall not continue to act after the President or some other person having a prior right to act in such office has notified that he has assumed or is about to assume or resume such office.

(3) The provisions of the Constitution relating to the President shall apply, in so far as they can be applied to an acting President.

The Central Executive -
The President and the Cabinet of Ministers

62. The President shall be responsible to Parliament for the due execution and performance of the powers and functions of his office under the Constitution and under any other law, including the law for the time being relating to public security.

63. (1) There shall be a Cabinet of Ministers charged with the direction and control of the matters for which they are responsible and shall be collectively responsible to Parliament on all such matters.

(2) Of the Ministers, one who shall be the Head of the Cabinet of Ministers shall be the Prime Minister. The President shall appoint as Prime Minister the Member of Parliament who, in the President's opinion, is most likely to command the confidence of Parliament and such member shall assume office as Prime Minister upon taking the following oath or making the following affirmation:-

"I,.........................,do solemnly declare and affirm/swear that I will be faithful and bear true allegiance to the Republic of Sri Lanka and that I will uphold the Constitution of Sri Lanka and shall faithfully perform the duties and functions of the Office of Prime Minister in accordance with the Constitution and with the law.

Appointment of a Prime Minister on the death or resignation of a Prime Minister.

64. Subject to the provisions of Article 63, upon the death or the resignation of the Prime Minister, or where the Prime Minister is deemed to have resigned, the President shall appoint a Prime Minister, who shall assume office as Prime Minister upon taking the oath or making the affirmation as referred to in Article 63.

65. (1) The Prime Minister shall determine the number of Ministers and Ministries and the assignment of subjects and functions to Ministers.

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

(3) The Prime Minister may at any time change the assignment of subjects and functions and recommend to the President changes in the composition of the Cabinet of Ministers. Such changes shall not affect the continuity of the Cabinet of Ministers, including the continuity of its responsibility to Parliament.

66. (1) The President may, on the advice of the Prime Minister, appoint from among the Members of Parliament, Deputy Ministers to assist the Ministers in the performance of their duties pertaining to Parliament and to their departments and to exercise and perform such powers and duties of the Ministers under written law as may be delegated to such Deputy Ministers under paragraph (2) of this Article.

(2) A Minister may, by notification published in the Gazette, delegate to his Deputy Minister any of the powers or duties conferred or imposed on the Minister by any written law, and it shall be lawful for the Deputy Minister to exercise or perform any power or duty delegated to him under this paragraph notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on the Minister.

67. A Minister or a Deputy Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he -

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

68. The Cabinet of Ministers functioning immediately prior to the dissolution of Parliament shall, notwithstanding such dissolution, continue to function during the period intervening between dissolution and the conclusion of the General Election.

69. (1) On the death or resignation of the Prime Minister or when the Prime Minister is deemed to have resigned, the Cabinet of Ministers shall stand dissolved and the other Ministers shall cease to hold office.

(2) The provisions of paragraph (1) of this Article shall not operate if the death or resignation of the Prime Minister occurs in the period referred to in Article 68 and in that event, the Cabinet of Ministers shall continue to function with the other Ministers as its members until the expiration of that period. The President shall appoint one from among such Ministers to be the Prime Minister.

(3) If on the death or resignation of the Prime Minister in the period referred to in Article 68 there is no other Minister, the President shall exercise and perform the powers and functions of the Cabinet of Ministers functioning under Article 68 until the conclusion of the General Election.

(b) if Parliament rejects the Appropriation Bill or the Statement of Government Policy or Parliament passes a vote of no-confidence in the Government.

71. Whenever a Minister or a Deputy Minister is unable to perform the functions of his office, the President may appoint any Member of Parliament to act in place of such Ministers or Deputy Minister.

72. There shall be a Secretary to the Cabinet of Ministers who shall be appointed by the President. The Secretary shall, subject to the directions of the Prime Minister, have charge of the office of the Cabinet of Ministers, and shall discharge and perform such other duties and functions as may be assigned to him by the Prime Minister or the Cabinet of Ministers.

73. (1) There shall be for each Ministry a Secretary who shall be appointed by the President.

(2) The Secretary to a Ministry shall, subject to the direction and control of his Minister, exercise supervision over the departments of Government or other institutions in the charge of his Minister.

(3) For the purpose of this Article the Office of the Secretary General of Parliament, the Elections Commissioner, the Elections Commission, the Department of the Auditor-General, the Office of the Secretary to the Cabinet of Ministers, the office of the Parliamentary Commissioner for Administration (Ombudsman) and the Office of the Commission to Investigate Allegations of Bribery or Corruption shall be deemed not to be departments of Government.

(4) The President may transfer any Secretary to a Ministry to any other post in the Public Service.

74. No person appointed to any office referred to in this Chapter shall enter upon the duties of his office unless he takes or makes the special oath or affirmation prescribed for his office or where no such oath or affirmation is prescribed, the oath or affirmation set out in Schedule

The Central Legislature - Parliament

75. (1) There shall be a Parliament which shall consist of 196 members elected by the electors of the several electoral districts constituted in accordance with the provisions of the Constitution, and 29 members elected in accordance with Article 112.

(2) Unless parliament is sooner dissolved, every Parliament shall continue for six years from the date appointed for its first meeting and no longer, and the expiry of the said period of six years shall operate a dissolution of Parliament.

76. Except for the purpose of electing the Speaker, no Member shall sit or vote in Parliament until he has taken and subscribed the following oath, or made and subscribed the following affirmation, before Parliament;-

``I . . . . . do solemnly declare and affirm-swear that I will uphold and defend the Constitution of the Republic of Sri Lanka.''

77. (1) Parliament shall, at its first meeting after a General Election, elect three Members to be respectively the Speaker, the Deputy Speaker and Chairman of Committees (hereinafter referred to as the ``Deputy Speaker'') and the Deputy Chairman of Committees thereof.

(2) A Member holding office as the Speaker or the Deputy Speaker or the Deputy Chairman of Committees shall vacate such office -

(a) if he ceases, save upon a dissolution of Parliament, to be a Member of Parliament; or

(b) if he resigns his office by writing under his hand addressed to the President.

(3) Whenever the office of Speaker, Deputy Speaker or Deputy Chairman of Committees becomes vacant, Parliament shall at its first meeting after the occurrence of the vacancy, elect another Member to be the Speaker, the Deputy Speaker or the Deputy Chairman of Committees, as the case may be.

(4) The members holding office respectively as Speaker, Deputy Speaker and Deputy Chairman of Committees immediately prior to the dissolution of Parliament shall, unless they vacate office earlier and notwithstanding such dissolution, continue to hold such office until the conclusion of the General Election.

(5) The Speaker, or in his absence the Deputy Speaker, or in their absence the Deputy Chairman of Committees, shall preside at sittings of Parliament. If none of them is present, a Member elected by Parliament for the sitting shall preside at that sitting of Parliament.

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

(2) The salary of the Secretary -General shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(3) The members of the staff of the Secretary -General shall be appointed by him with the approval of the Speaker.

(4) The salaries of the members of the staff of the Secretary- General shall be charged on the Consolidated Fund.

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

(6) Whenever the Secretary -General is unable to discharge the functions of his office, the President may appoint a person to act in the place of the Secretary -General.

(b) if, by a writing under his hand addressed to the Secretary- General of Parliament, he resigns his seat;

(d) if he becomes subject to any disqualification specified in Article 101 and 102;

(e) if he becomes a member of the Public Service or a Regional Public Service or an employee of a public corporation or, being a member of the Public Service or a Regional Public Service or an employee of a public corporation, does not cease to be member of such service or an employee of such corporation, before he sits in Parliament;

(f) if, without the leave of Parliament first obtained, he absents himself from the sittings of Parliament during a continuous period of three months;

(g) if his election as a Member is declared void under the law in force for the time being;

80. The privileges, immunities and powers of Parliament and of its members may be determined and regulated by Parliament by law, and until so determined and regulated, the provisions of the Parliament (Powers and Privileges) Act, shall, mutatis mutandis, apply.

81. Ministers, Deputy Ministers and Members, including the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, shall be paid such remuneration or allowance as may be provided by Parliament, by law or by resolution, and the receipt thereof shall not disqualify the recipient from sitting or voting in Parliament.

82. Parliament shall have power to act notwithstanding any vacancy in its membership, and its proceedings shall be valid notwithstanding that it is discovered subsequently that a person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

The Central Legislature - Parliament - Procedure and Powers

83. (1) The President may, from time to time, by Proclamation summon, prorogue and dissolve Parliament.

(3) A Proclamation proroguing Parliament shall fix a date for the next session, not being more than two months after the date of the Proclamation:

Provided that, at any time while Parliament stands prorogues, the President may by Proclamation -

(i) summon Parliament for an earlier date, not being less than three days from the date of such Proclamation, or

(4) All matters which, having been duly brought before Parliament, have not been disposed of at the time of the prorogation of Parliament, may be proceeded with during the next session.

(5) (a) A Proclamation dissolving Parliament shall fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.

(b) Upon the dissolution of Parliament by virtue of the provisions of paragraph (2) of Article 75 the President shall forthwith by Proclamation fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.

(c) The date fixed for the first meeting of Parliament by a Proclamation under sub-paragraph (a) or sub-paragraph (b) may be varied by a subsequent proclamation, provided that the date so fixed by the subsequent Proclamation shall be a date not later than three months after the date of the original Proclamation.

(6) If at any time after the dissolution of Parliament, the President is satisfied that an emergency has arisen of such a nature that an earlier meeting of Parliament is necessary, he may by Proclamation summon the Parliament which has been dissolved to meet on a date not less than three days from the date of such Proclamation and such Parliament shall stand dissolved upon the termination of the emergency or the conclusion of the General Election, whichever is earlier.

84. Parliament may adjourn from time to time as it may determine by resolution or Standing Order, until it is prorogued or dissolved.

85. (1) Save as otherwise provided in the Constitution, any question proposed for decision by Parliament shall be decided by the majority of votes of the Members present and voting.

(2) The person presiding shall not vote in the first instance but shall have and exercise a casting vote in the event of an equality of votes.

86. If at any time during a meeting of Parliament the attention of the person presiding is drawn to the fact that there are fewer than twenty Members present, the person presiding shall, subject to any Standing Order, adjourn the sitting without question put.

87. (1) Subject to the provisions of the Constitution, Parliament may by resolution or Standing Order provide for -

(i) the election and retirement of the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, and

(ii) the regulation of its business, the preservation of order of at its sittings and any other matter for which provision is required or authorised to be so made by the Constitution.

(2) Until Parliament otherwise provides by law or by resolution, the Standing Orders of Parliament, in force immediately prior to the commencement of the Constitution, shall, mutatis mutandis, be the Standing Orders of Parliament.

88. Notwithstanding anything in this Constitution, Parliament shall have power to make law, repealing or amending any provision of the Constitution, or adding any provision to the Constitution:

(b) repealing the Constitution as a whole unless such law also enacts a new Constitution to replace it

89. (1) Every Bill shall be published in the Gazette at least fourteen days before it is placed on the Order Paper of Parliament.

(2) The passing of a Bill or a resolution by Parliament shall be in accordance with the Constitution and the Standing Orders of Parliament. Any one or more of the Standing Orders may be suspended by Parliament in the circumstances and in the manner prescribed by the Standing Orders.

90. The Speakers shall endorse on every Bill passed by Parliament a certificate in the following form:

``This bill (here state the short title of the Bill) has been duly passed by Parliament.''

Provided that where by virtue of the provisions of Article 94 or Article 95 or Article 96 or Article 164(2) a special majority is required for the passing of a Bill, the Speaker shall certify such Bill only if such Bill has been passed with such special majority: Provided further that where by virtue of Article 95, the Bill or any provision thereof requires the approval of the People at a Referendum, such certificate shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum.

91. (1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon.

(2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (2) of Article 97 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form:

Every such certificate shall be final and conclusive, and shall not be called in question in any court.

92. Subject to the provisions of Article 165, where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be, being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of such Act or of any provision contained therein on any ground whatsoever.

93. (1) Where a Special Presidential Commission of Inquiry established under the Special Presidential Commission of Inquiry Law and consisting of a member or members each of whom is a Judge of the Supreme Court, Court of Appeal, High Court or the District Court recommends that any person should be made subject to civic disability by reason of any act done or omitted to be done by such person before or after the commencement of the Constitution, Parliament may by resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour -

(a) impose civic disability on such person for a period not exceeding seven years; and

Where a Special Presidential Commission of Inquiry consists of more than one member, a recommendation made by the majority of such members, in case of any difference of opinion, shall be, and shall be deemed for all purposes to be, the recommendation of such Commission of Inquiry.

(2) No such resolution shall be entertained by the Speaker or placed on the Order Paper of Parliament unless introduced by the Prime Minister with the approval of the Cabinet of Ministers.

(3) The Speaker shall endorse on every resolution passed in accordance with the preceding provision of this Article a certificate in the following form:

``This resolution has been duly passed by Parliament in accordance with the provisions of Article 93 of the Constitution''.

Every such certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce upon or in any manner call in question, the validity of such resolution on any ground whatsoever.

(4) In this Article, ``District Court'' means a District Court created and established by existing law and includes a court that may be created by Parliament to exercise and perform powers and functions corresponding or substantially similar to the powers and functions exercised and performed by the District Court.

The Central Legislature - Amendment of the Constitution

94. (1) No bill for the amendment of any provision of the Constitution shall be placed on the Order Paper of Parliament unless the provision to be repealed, altered or added, and consequential amendments, if any, are expressly specified in the Bail and is described in the long title thereto as being an Act for the amendment of the Constitution.

(2) No Bill for the repeal of the Constitution shall be placed on the Order Paper of Parliament unless the Bill contains provisions replacing the Constitution and is described in the long title thereof as being an Act for the repeal and replacement of the Constitution.

(3) If in the opinion of the Speaker, a Bill does not comply with the requirements of paragraph (1) or paragraph (2) of this Article, he shall direct that such bill be not proceeded with unless it is amended so as to comply with those requirements.

(4) Notwithstanding anything in the preceding provisions of this Article, it shall be lawful for a Bill which complies with the requirements of paragraph (1) for paragraph (2) of this Article to be amended by Parliament provided that the Bill as so amended shall comply with those requirements.

(5) A Bill for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution shall become law if the number of votes cast in favour thereof amounts to not less than two thirds of the whole number of Members (including those not present) and upon a certificate by the President or Speaker, as the case may be, being endorsed thereon in accordance with the provisions of Article 90, or 91.

(6) No provision in any law shall, or shall be deemed to, amend, repeal or replace the Constitution or any provision thereof, or be so interpreted or construed, unless enacted in accordance with the requirements of the preceding provisions of this Article.

(a) a Bill for the amendment or the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 and 15 or this Article; and

(b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 75 which would extend the duration of Parliament to over six years, shall become law if the number of votes cast in favour thereof, amounts to not less than two-thirds of the whole number of Members (including those not present) is approved by the People at a Referendum and a certificate endorsed thereon by the President in accordance with Article

96. (1) A Bill which is not for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution, but which is inconsistent with any provision of the Constitution may be placed on the Order Paper of Parliament without complying with the requirements of paragraphs (1) or paragraph (2) of Article 94.

(2) Where the Cabinet of Ministers has certified that a Bill is intended to be passed by the special majority required by this Article or where the Supreme Court has determined that a Bill requires to be passed by such special majority, such Bill shall become law only if the number of votes cast in favour thereof amounts to not less than two- thirds of the whole number of Members (including those not present) and a certificate by the President and the Speaker, as the case may be, is endorsed thereon in accordance in the case provisions of Article 90 or Article 91.

(3) Such a Bill when enacted into law shall not, and shall not be deemed to, amend, repeal or replace the Constitution or any provision thereof, and shall not be so interpreted or construed, and may thereafter be repealed by a majority of the votes of the Members present and voting.

Referendum

97. (1) The president shall submit to the people by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the people at a Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum, if the number of votes cast in favour of such Bill, amounts to not less than two-thirds of the whole number of Members (including those not present).

(2) Any Bill or any provision in any Bill submitted to the people at a Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum:

Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved by the People only if approved by not less than one third of the whole number of such electors.

98. The President may, subject to the provisions of Article 97, submit to the People at a Referendum any matter which in the opinion of the President is of national importance.

99. (1) Every Referendum shall be conducted by the Elections Commission and the Commissioner of Elections shall communicate the result thereof to the President.