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.
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