SRI LANKA'S LAWS
Sri
Lanka Constitution 1978
Certified on 31 August 1978
[with Amendments 1-16 Consolidated as of September
2000]
 Preamble
Chapter I - The People,
The State and Sovereignty
Chapter II - Buddhism
Chapter III - Fundamental Rights
Chapter IV -
Language
Chapter V - Citizenship
Chapter VI - Directive Principles of State
Policy and Fundamental Duties
Chapter VII - The Executive
Chapter VIII -
The Executive - The Cabinet of Ministers
Chapter IX - The Executive - The Public
Service
Chapter X - The Legislature - Parliament
Chapter XI - The Legislature - Procedure and
Powers
Chapter XII - The Legislature - Amendment of
the Constitution
Chapter XIII - The Referendum
Chapter XIV - Franchise and Elections
Chapter XV - The Judiciary
Chapter XVI - The Superior Courts
Chapter XVII - Finance
Chapter XVIIA - Provincial
Councils
Chapter XVIII - Public Security
Chapter XIX - The Parliamentary
Commissioner for Administration
Chapter XX - General
Chapter XXI -
Transitional Provisions
Chapter XXII -
Interpretation
Chapter XXIII - Repeal
Chapter XXIV - Promulgation of the
Constitution
First Schedule - Names of Administrative
Districts
Second Schedule -
The National Flag
Third Schedule - National Anthem (in
Sinhala)
Fourth Schedule - Oath of Office
Fifth Schedule
Sixth Schedule
Seventh
Schedule
SVASTI
The PEOPLE OF SRI LANKA having, by
their Mandate freely expressed and granted on the sixth day of the waxing moon in the month
of Adhi Nikini in the year two thousand five hundred
and twenty-one of the Buddhist Era (being
Thursday the twenty-first day of the month of July in
the year one thousand nine hundred and seventy-seven),
entrusted to and empowered their Representatives
elected on that day to draft, adopt and operate a new
Republican Constitution in order to achieve the goals
of a DEMOCRATIC SOCIALIST REPUBLIC, and having solemnly
resolved by the grant of such Mandate and the
confidence reposed in their said Representatives who
were elected by an overwhelming majority, to constitute
SRI LANKA into a DEMOCRATIC SOCIALIST REPUBLIC whilst
ratifying the immutable republican principles of
REPRESENTATIVE DEMOCRACY, and assuring to all peoples
FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS
and the INDEPENDENCE OF THE JUDICIARY as the intangible
heritage that guarantees the dignity and well-being of
succeeding generations of the People of SRI LANKA and
of all the people of the World, who come to share with
those generations the effort of working for the
creation and preservation of a JUST AND FREE
SOCIETY:
WE, THE FREELY ELECTED
REPRESENTATIVES OF THE PEOPLE OF SRI LANKA, in
pursuance of such Mandate, humbly acknowledging our
obligations to our People and gratefully remembering
their heroic and unremitting struggle to regain and
preserve their rights and privileges so that the
Dignity and Freedom of the Individual may be assured,
Just, Social, Economic and Cultural Order attained' the
Unity of the Country restored, and Concord established
with other Nations, do hereby adopt and
enact
this
CONSTITUTION
as the
SUPREME LAW
of the
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Chapter I - The People, The State and
Sovereignty
The State.
1. Sri Lanka (Ceylon) is a free, Sovereign, Independent
and Democratic Socialist Republic and shall be known as
the Democratic Socialist Republic of Sri Lanka.
Unitary State.
2. The Republic of Sri Lanka is a Unitary State.
Sovereignty of the People.
3. In the Republic of Sri Lanka sovereignty is in the
people and is inalienable. Sovereignty includes the
powers of government, fundamental rights and the
franchise.
Exercise of Sovereignty.
4. The Sovereignty of the People shall be exercised and
enjoyed in the following manner :-
(a) the legislative power of the People shall be
exercised by Parliament, consisting of elected
representatives of the People and by the People at a
Referendum;
(b) the executive power of the People including the
defence of Sri Lanka, shall be exercised by the President
of the Republic elected by the People;
(c) the judicial power of the People shall be exercised
by Parliament through courts, tribunals and institutions
created and established, or recognized, by the
Constitution, or created and established by law, except
in regard to matters relating to the privileges,
immunities and powers of Parliament and of its Members,
wherein the judicial power of the People may be exercised
directly by Parliament according to law;
(d) the fundamental rights which are by the Constitution
declared and recognized shall be respected, secured and
advanced by all the organs of government, and shall not
be abridged, restricted or denied, save in the manner and
to the extent hereinafter provided; and
(e) the franchise shall be exercisable at the election of
the President of the Republic and of the Members of
Parliament, and at every Referendum by every citizen who
has attained the age of eighteen years, and who being
qualified to be an elector as hereinafter provided, has
his name entered in the register of electors.
Territory of the Republic.
5. The territory of the Republic of Sri Lanka shall
consist of the 1[twenty-five] administrative
districts, the names of which are set out in the First
Schedule, and its 2[territorial waters:
Provided that such administrative districts may be
subdivided or amalgamated so as to constitute different
administrative districts, as Parliament may by resolution
determine].
The
National Flag.
6. The National Flag of the Republic of Sri Lanka shall
be the Lion Flag depicted in the Second
Schedule.
The National Anthem.
7. The National Anthem of the Republic of Sri Lanka shall
be "Sri Lanka Matha," the words and music of which are
set out in the Third Schedule.
The National Day.
8. The National Day of the Republic of Sri Lanka shall be
the fourth day of February.
Chapter II - Buddhism
Buddhism
9. The Republic of Sri Lanka shall give to Buddhism
the foremost place and accordingly it shall be the duty
of the State to protect and foster the Buddha
Sasana, while assuring to all religions the rights
granted by Articles 10 and 14(1)(e).
Chapter III - Fundamental Rights
Freedom of thought, conscience and religion
10. Every person is entitled to freedom of thought,
conscience and religion, including the freedom to have or
to adopt a religion or belief of his choice.
Freedom from torture
11. No person shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment.
Right to equality
12.
(1) All persons are equal before the law and are
entitled to the equal protection of the law.
(2) No citizen shall be discriminated against on the
grounds of race, religion, language, caste, sex,
political opinion, place of birth or any such
grounds:
Provided that it shall be lawful to require a person
to acquire within a reasonable time sufficient knowledge
of any language as a qualification for any employment or
office in the Public, Judicial or Local Government
Service or in the service of any public corporation,
where such knowledge is reasonably necessary for the
discharge of the duties of such employment or office:
Provided further that it shall be lawful to require a
person to have sufficient knowledge of any language as a
qualification for any such employment of office where no
function of that employment or office can be discharged
otherwise than with a knowledge of that language.
(3) No person shall, on the grounds of race, religion,
language, caste, sex or any one such grounds, be subject
to any disability, liability, restriction or condition
with regard to access to shops, public restaurants,
hotels, places of public entertainment and places of
public worship of his own religion.
(4) Nothing in this Article shall prevent special
provision being made, by law, subordinate legislation or
executive action, for the advancement of women, children
or disabled persons.
Freedom of speech, assembly, association,
occupation, movement, &c
13 (1) No person shall be arrested
except according to procedure established by law. Any
person arrested shall be informed of the reason for his
arrest.
(2) Every person held in custody,
detained or otherwise deprived of personal liberty shall
be brought before the judge of the nearest competent
court according to procedure established by law, and
shall not be further held in custody, detained or
deprived of personal liberty except upon and in terms of
the order of suet. judge made in accordance with
procedure established by law.
(3) Any person charged with an
offence shall he entitled to be heard, in person or by an
attorney-at-law at a fair trial by a competent
court.
(4) No person shall be punished with
death or imprisonment except by order of a competent
court, made in accordance with procedure established by
law. The arrest, holding in custody, detention or other
deprivation of personal liberty of a person, pending
investigation or trial, shall not constitute
punishment.
(5) Every person shall be presumed
innocent until he is proved guilty: provided that the
burden of proving particular facts may, , be placed on an
accused person.
(6) No person shall be held guilty
of an offence on account of any act or omission which did
not, at the time of such act or omission, constitute such
an offence, and no penalty shall be imposed for any
offence more severe than the penalty in force at the time
such offence was committed.
Nothing in this Article shall
prejudice the trial and punishment of any person for
any act or omission which, at the time when it was
committed, was criminal according to the general
principles of law recognised by the community of
nations.
It shall not be a contravention of
this Article to require the imposition of a minimum
penalty for an offence provided that such penalty does
not exceed the maximum penalty prescribed for such
offence at the time such offence was
committed.
(7) The arrest' holding in custody,
detention or other deprivation of personal liberty of a
person, by reason of a removal order or a deportation
order made under the provisions of the Immigrants and
Emigrants Act or the Indo-Ceylon Agreement
(Implementation) Act, No. 14 of 1967, or such other law
as may be enacted in substitution therefor, shall not be
a contravention of this Article.
14. (1) Every citizen is entitled to -
- (a) the freedom of speech and expression including
publication;
- (b) the freedom of peaceful assembly;
- (c) the freedom of association;
- (d) the freedom to form and join a trade
union;
- (e) the freedom, either by himself or in
association with others, and either in public or in
private, to manifest his religion or belief in worship,
observance, practice or teaching;
- (f) the freedom by himself or in association with
others to enjoy and promote his own culture and to use
his own language;
- (g) the freedom to engage by himself or in
association with others in any lawful occupation,
profession, trade, business or enterprise;
- (h) the freedom of movement and of choosing his
residence within Sri Lanka; and
- (i) the freedom to return to Sri Lanka.
(2) A person who, not being a citizen of any other
country, has been permanently and legally resident in Sri
Lanka immediately prior to the commencement of the
Constitution and continues to be so resident shall be
entitled, for a period of ten years from the commencement
of the Constitution, to the rights declared and
recognised by paragraph (1) of this Article.
15. (1) The exercise and operation
of the fundamental rights declared and recognised by
Articles 13 (5) and 13 (6) shall be subject only to such
restrictions as may be prescribed by law in the interests
of national security. For the of this paragraph includes
regulations made under the law for the time being to
public security.
(2) The exercise and operation of
the fundamental right declared and recognised by Article
14(1) (a) shall be subject to such restrictions as may be
prescribed by law in the interests of racial and
religious harmony or in relation to parliamentary
privilege, contempt of court, defamation or incitement to
an offence.
(3) The exercise and operation of
the fundamental right declared and recognised by Article
14(1) (b) shall be subject to such restrictions as may be
prescribed by law in the interests of racial and
religious harmony.
(4) The exercise and operation of
the fundamental right declared and recognised by Article
14(1) (c) shall be subject to such restrictions as may be
prescribed by law in the interests, of racial and
religious harmony or national economy.
(5) The exercise and operation of
the fundamental right declared and recognised by Article
14 (1) (g) shall be subject to such restrictions as may
be prescribed by law in the interests, of national
economy or in relation to
(a) the professional, technical,
academic, financial and other qualifications necessary
for practising any profession or carrying on any
occupation, trade, business or enterprise' and the
licensing and disciplinary control of the person
entitled to such fundamental right, and
(b) the carrying on by the State,
a State agency or a public corporation of any trade,
business,, industry, service or enterprise whether to
the exclusion. complete or partial, of citizens or
otherwise.
(6) The exercise and operation of
the fundamental right declared and recognised by Article
14 (1) (h) shall be subject to such restrictions as may
be prescribed by law the interests of national
economy.
(7) The exercise and operation of
all the fundamental rights declared and recognised by
Articles 12, 13(1) 13(2) and 14 shall be subject to such
restrictions as may be prescribed by law in the interests
of national security, public order and the protection of
public health or morality, or for the purpose of securing
due recognition and respect for the rights and freedoms
of others, or of meeting the just. requirements of the
general welfare of a democratic society. For the purposes
of this paragraph " law " includes regulations made under
the law for the time being relating to public
security.
(8) The exercise and operation of
the fundamental rights declared and recognised by
Articles 12(1), 13 and 14 shall, in their application to
the members of the Armed Forces, Police Force and other
Forces charged with the maintenance of public order, be
subject to such restrictions as may be prescribed by law
in the interests of the proper discharge of their duties
and the maintenance of discipline among them.
16. (1) All existing written law and
unwritten law shall be valid and operative
notwithstanding any inconsistency with the preceding
provisions of this Chapter.
(2) The subjection of any person on
the order of a competent court to any form of punishment
recognised by any existing written law shall not be a
contravention of the provisions of this
Chapter.
17. Every person shall be entitled
to apply to the Supreme Court, as provided by Article
126, in respect of the infringement or imminent
infringement, by executive or administrative action, of a
fundamental right to which I such person is entitled
under the provisions of this Chapter.
Chapter IV - Language
Official Language.
18. 3[(1)] The
Official Language of Sri Lanka shall be Sinhala.
4[(2) Tamil
shall also be an official language.
(3) English shall be the link language.
(4) Parliament shall by law provide for the
implementation of the provisions of this Chapter].
National Languages.
19. The National Languages of Sri Lanka shall be Sinhala
and Tamil.
Use of National Languages in Parliament and local
authorities.
20. A Member of Parliament or 5[a member of a
Provincial Council or a local authority] shall be
entitled to perform his duties and discharge his
functions in Parliament 6[or in such
Provincial Council or local authority] in either of the
National Languages.
Medium of instruction.
21. (1) A person shall be entitled to be educated through
the medium of either of the National Languages:
Provided that the provisions of this paragraph shall not
apply to an institution of higher education where the
medium of instruction is a language other than a National
Language.
(2) Where one National Language is a medium of
instruction for or in any course, department or faculty
of any University directly or indirectly financed by the
State, the other National Language shall also be made a
medium of instruction for or in such course, department
or faculty for students who prior to their admission to
such University, were educated through the medium of such
other National Language:
Provided that compliance with the preceding provisions of
this paragraph shall not be obligatory if such other
National Language is the medium of instruction for or in
any like course, department or faculty either at any
other campus or branch of such University or of any other
like University.
(3) In this Article "University" includes any institution
of higher education.
7[Languages of
administration.
22. (1) Sinhala and Tamil shall be the languages of
administration through out Sri Lanka and Sinhala shall be
the language of administration and be used for the
maintenance of public records and the transaction of all
business by public institutions of all the provinces of
Sri Lanka other than the Northern and Eastern Provinces
where Tamil shall be so used.
Provided that the President may, having regard to the
proportion which the Sinhala or Tamil linguistic minority
population in any unit comprising a division of an
Assistant Government Agent, bears to the total population
of that area, direct that both Sinhala and Tamil or a
language other than the language used as the language of
administration in the province in which such area may be
situated, be used as the language of administration for
such area.
(2) In any area where Sinhala is used as the language of
administration a person other than an official acting in
his official capacity, shall be entitled:
(a) to receive communications from, and to communicate
and transact business with, any official in his official
capacity, in either Tamil or English;
(b) if the law recognizes his right to inspect or to
obtain copies of or extracts from any official register,
record, publication or other document, to obtain a copy
of, or an extract from such register, record, publication
or other document, or a translation thereof, as the case
may be, in either Tamil or English;
(c) where a document is executed by any official for the
purpose of being issued to him, to obtain such document
or a translation thereof, in either Tamil or English;
(3) In any area where Tamil is used as the language of
administration, a person other than an official acting in
his official capacity, shall be entitled to exercise the
rights, and to obtain the services, referred to in sub
paragraphs (a), (b) and (c) of paragraph (2) of this
Article, in Sinhala or English.
(4) A Provincial Council or a local authority which
conducts its business in Sinhala shall be entitled to
receive communications from and to communicate and
transact business with, any official in his official
capacity, in Sinhala, and a Provincial Council or a local
authority which conducts its business in Tamil shall be
entitled to receive communications from and to
communicate and transact business with, any official in
his official capacity, in Tamil :
Provided, however, that a Provincial Council, local
authority, public institution or any official receiving
communications from transacting business with any other
or Provincial Council, local authority, public
institution or an official functioning in an area in
which a different language is used as the Language of
administration shall be entitled to receive
communications from and to communicate and transact
business in English.
(5) A person shall be entitled to be examined through the
medium of either Sinhala or Tamil or a language of his
choice at any examination for the admission of persons to
the Public Service, Judicial Service, Provincial Public
Service, Local Government Service or any public
institution, subject to the condition that he may be
required to acquire a sufficient knowledge of Tamil or
Sinhala, as the case may be, within a reasonable time
after admission to such service or public institution
where such knowledge is reasonably necessary for the
discharge of his duties:
Provided that a person may be required to have a
sufficient knowledge of Sinhala or Tamil, as a condition
for admission to any such service or public institution
where no function of the office or employment for which
he is recruited can be discharged otherwise than with a
sufficient knowledge of such language.
(6) in this Article :-
"Official" means the President, any Minister, Deputy
Minister, Governor, Chief Minister or Minister of the
Board of Ministers of a Province, or any officer of a
public institution; local authority or Provincial
Council; and
"Public institution" means a department or institution of
the Government, a public corporation or statutory
institution.]
Language of Legislation.
8[23. (1) All laws and subordinate legislation
shall be enacted or made and published in Sinhala and
Tamil, together with a translation thereof in
English:
Provided that Parliament shall, at the stage of enactment
of any law determine which text shall prevail in the
event of any inconsistency between texts.
Provided further that in respect of all other written
laws and the text in which such written laws was enacted
or adopted or made, shall prevail in the event of any
inconsistency between such texts:
(2) All Orders, Proclamations, rules, by-laws,
regulations and notifications made or issued under any
written law other than by a Provincial Council or a local
authority, and the Gazette shall be published in Sinhala
and Tamil together with a translation thereof in
English.
(3) All Orders, Proclamations, rules, by-laws,
regulations and notifications made or issued under any
written law by any Provincial Council or local authority,
and all documents, including circulars and forms issued
by such body or any public institution shall be published
in the Language used in the administration in the
respective areas in which they function, together with a
translation thereof in English.
(4) All laws and subordinate legislation in force
immediately prior to the commencement of the
Constitution, shall be published in the Gazette in the
Sinhala and Tamil Language as expeditiously as
possible.]
Language of the courts.
24. 9[(1) Sinhala and Tamil shall be the
languages of the Courts throughout Sri Lanka and Sinhala
shall be used as the language of the courts situated in
all the areas of Sri Lanka except those in any area where
Tamil is the language of administration. The record and
proceedings shall be in the language of the Court. In the
event of an appeal from any court records shall also be
prepared in the language of the court hearing the appeal,
if the language of such court is other than the language
used by the court from which the appeal is preferred:
Provided that the Minister in charge of the subject of
Justice may, with the concurrence of the cabinet of
Ministers direct that the record of any court shall also
be maintained and the proceedings conducted in a language
other than the language of the court;]
(2) Any party or applicant or any person legally entitled
to represent such party or applicant may initiate
proceedings, and submit to court pleadings and other
documents, and participate in the proceedings in court,
10[in either Sinhala or Tamil.]
(3) Any judge, juror, party or applicant or any person
legally entitled to represent such party or applicant,
who is not conversant with the language used in a court,
shall be entitled to interpretation and to translation
into 11[Sinhala or Tamil] provided by the
State, to enable him to understand and participate in the
proceedings before such court, and shall also be entitled
to obtain in 12[such language] or any such
part of the record or a translation thereof, as the case
may be, as he may be entitled to obtain according to
law.
(4) The Minister in charge of the subject of Justice may,
with the concurrence of the Cabinet of Ministers, issue,
directions permitting 13[The use of English]
in or in relation to the records and proceedings in any
court for all purposes or for such purposes as may be
specified therein. Every judge shall be bound to
implement such directions.
(5) In this Article -
"Court" means any court or tribunal created and
established for the administration of justice including
the adjudication and settlement of industrial and other
disputes, or any other tribunal or institution exercising
judicial or quasi-judicial functions or any tribunal or
institution created and established for the conciliation
and settlement of disputes :
"judge" includes the President, Chairman, presiding
officer and member of any court; and
"record" includes pleadings, judgments, orders and other
judicial and ministerial acts.
Provision for adequate facilities for use of languages
provided for in this Chapter.
25. The State shall provide adequate facilities for the
use of the languages provided for in this Chapter.
Provision of any law inconsistent with this Chapter
deemed to be repealed.
14[25a. In the event of any inconsistency
between the provisions of any law and the provisions of
this Chapter, the provisions of this Chapter shall
prevail.]
Chapter V - Citizenship
Citizenship of Sri Lanka
26.
(1) There shall be one status of citizenship known as
"the status of a citizen of Sri Lanka."
(2) A citizen of Sri Lanka shall for all purposes be
described only as a "citizen of Sri Lanka," whether such
person became entitled to citizenship by descent or by
virtue of registration in accordance with the law
relating to citizenship.
(3) No distinction shall be drawn between citizens of
Sri Lanka for any purpose by reference to the mode of
acquisition of such status, as to whether acquired by
descent or by virtue of registration.
(4) No citizen of Sri Lanka shall be deprived of his
status of a citizen of Sri Lanka, except under and by
virtue of the provisions of sections 19, 20, 21 and 22 of
the Citizenship Act:
Provided that the provisions of sections 23 and 24 of
that Act shall also be applicable to a person who became
entitled to the status of a citizen of Sri Lanka by
virtue of registration under the provisions of section
11, 12 or 13 of that Act.
(5) Every person who immediately prior to the
commencement of the Constitution was a citizen of Sri
Lanka, whether by descent or by virtue of registration in
accordance with any law relating to citizenship, shall be
entitled to the status and to the rights of a citizen of
Sri Lanka as provided in the preceding provisions of this
Article.
(6) The provisions of all existing written laws
relating to citizenship and all other existing written
laws wherein reference is made to citizenship shall be
read subject to the preceding provisions of this
Article.
Chapter VI - Directive Principles of State
Policy and Fundamental Duties
Directive Principles of State
Policy.
27. (1) The Directive Principles of State Policy herein
contained shall guide Parliament, the President and the
Cabinet of Ministers in the enactment of laws and the
governance of Sri Lanka for the establishment of a just
and free society.
(2) The State is pledged to establish in Sri Lanka a
democratic socialist society, the objectives of which
include -
(a) the full realization of the fundamental rights and
freedoms of all persons;
(b) the promotion of the welfare of the People by
securing and protecting as effectively as it may, a
social order in which justice (social, economic and
political) shall guide all the institutions of the
national life ;
(c) the realization by all citizens of an adequate
standard of living for themselves and their families,
including adequate food, clothing and housing, the
continuous improvement of living conditions and the full
enjoyment of leisure and social and cultural
opportunities ;
(d) the rapid development of the whole country by means
of public and private economic activity and by laws
prescribing such planning and controls as may be
expedient for directing and coordinating such public and
private economic activity towards social objectives and
the public weal ;
(e) the equitable distribution among all citizens of the
material resources of the community and the social
product, so as best to subserve the common good ;
(f) the establishment of a just social order in which the
means of production, distribution and exchange are not
concentrated and centralised in the State, State agencies
or in the hands of a privileged few, but are dispersed
among, and owned by, all the People of Sri Lanka ;
(g) raising the moral and cultural standards of the
People, and ensuring the full development of human
personality ; and
(h) the complete eradication of illiteracy and the
assurance to all persons of the right to universal and
equal access to education at all levels.
(3) The State shall safeguard the independence,
sovereignty, unity and the territorial integrity of Sri
Lanka.
(4) The State shall strengthen and broaden the democratic
structure of government and the democratic rights of the
People by decentralizing the administration and by
affording all possible opportunities to the People to
participate at every level in national life and in
government.
(5) The State shall strengthen national unity by
promoting co-operation and mutual confidence among all
sections of the People of Sri Lanka, including the
racial, religious, linguistic and other groups, and
shall, take effective steps in the fields of teaching,
education and information in order to eliminate
discrimination and prejudice.
(6) The State shall ensure equality of opportunity to
citizens, so that no citizen shall suffer any disability
on the ground of race, religion, language, caste, sex,
political opinion or occupation.
(7) The State shall eliminate economic and social
privilege and disparity, and the exploitation of man by
man or by the State.
(8) The State shall ensure that the operation of the
economic system does not result in the concentration of
wealth and the means of production to the common
detriment.
(9) The State shall ensure social security and
welfare.
(10) The State shall assist the development of the
cultures and the languages of the People.
(11) The State shall create the necessary economic and
social environment to enable people of all religious
faiths to make a reality of their religious
principles.
(12) The State shall recognize and protect the family as
the basic unit of society.
(13) The State shall promote with special care the
interests of children and youth, so as to ensure their
full development, physical, mental, moral, religious and
social, and to protect them from exploitation and
discrimination.
(14) The State shall protect, preserve and improve the
environment for the benefit of the community.
(15) The State shall promote international peace,
security and co-operation, and the establishment of a
just and equitable international economic and social
order, and shall endeavour to foster respect for
international law and treaty obligations in dealings
among nations.
Fundamental duties
28. The exercise and enjoyment of rights and freedoms is
inseparable from the performance of duties and
obligations, and accordingly it is the duty of every
person in Sri Lanka -
(a) to uphold and defend the Constitution and the law
;
(b) to further the national interest and to foster
national unity ;
(c) to work conscientiously in his chosen occupation
;
(d) to preserve and protect public property, and to
combat misuse and waste of public property ;
(e) to respect the rights and freedoms of others ;
and
(f) to protect nature and conserve its riches.
Principles of State Policy and fundamental duties not
justiciable.
29. The provisions of this Chapter do not confer or
impose legal rights or obligations, and are not
enforceable in any court or tribunal. No question of
inconsistency with such provisions shall be raised in any
court or tribunal.
Chapter VII - The Executive
The President of the
Republic.
30. (1) There shall be a President of the Republic of Sri
Lanka, who is the Head of the State, the Head of the
Executive and of the Government, and the
Commander-in-Chief of the Armed Forces.
(2) The President of the Republic shall be elected by the
people, and shall hold office for a term of six
years.
The election and the term of office of
President.
31. (1) Any citizen who is qualified to be elected to the
office of President may be nominated as a candidate for
such office -
(a) by a recognized political party, or
(b) if he is or has been an elected member of the
legislature, by any other political party or by an
elector whose name has been entered in any register of
electors.
(2) No person who has been twice elected to the office of
President by the People shall be qualified thereafter to
be elected to such office by the People.
(3) The poll for the election of the President shall be
taken not less than one month and not more than two
months before the expiration of the term of office of the
President in office.
15[(3a) (i) Notwithstanding anything to the
contrary in the preceding provisions of this Chapter, the
President may, at any time after the expiration of four
years from the commencement of his first term of office,
by Proclamation, declare his intention of appealing to
the People for a mandate to hold office, by election, for
a further term.
(ii) Upon the making of a Proclamation under
sub-paragraph (i) the Commissioner of Elections shall be
required to take a poll for the election of the
President.
(b) If, at any time after the date of Proclamation
referred to in paragraph (a) and before the close of the
poll at the election held in pursuance of such
Proclamation, the President in office dies, such
Proclamation shall be deemed to have been revoked with
effect from the date of such death and the election to be
held in pursuance of such Proclamation shall be deemed to
be cancelled. The vacancy in the office of President
caused by such death shall be filled in accordance with
the provisions of Article 40.
(c) (i) If, at any time between the close of the poll at
an election held under this paragraph and the declaration
of the result of such election, a candidate at such
election dies, the Commissioner of Elections shall
proceed with the count and declare the result of such
election, notwithstanding the death of such
candidate.
(ii) If the person entitled to be declared elected as
President is dead at the time of the declaration of the
result of such election, the Commissioner of Elections
shall not declare the result of such election but shall
take a fresh poll for the election of the President.
(iii) If by reason of the death referred to in
sub-paragraph (i) there is a vacancy in the office of
President, the Prime Minister shall act in the office of
President during the period between the occurrence of
such vacancy and the assumption of office by the new
President and shall appoint one of the other Ministers of
the Cabinet to act in the office of Prime Minister :
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the
Speaker shall act in the office of President.
(d) The person declared elected as President at an
election held under this paragraph shall, if such person
-
(i) is the President in office, hold office for a term of
six years commencing on such date in the year in which
that election is held (being a date after such election)
or in the succeeding year, as corresponds to the date on
which his first term of office commenced, whichever date
is earlier ; or
(ii) is not the President in office, hold office for a
term of six years commencing on the date on which the
result of such election is declared.
(e) A person succeeding to the office of President under
the provisions of Article 40 shall not be entitled to
exercise the right conferred on a President by
sub-paragraph (a) of this paragraph.
(f) For the purposes of this paragraph, the first term of
office of the first President referred to in Article 160
shall be deemed to have commenced on February 4,
1978.]
16[(4) (Where a poll for the election of a
President is taken, the term of office of the person
elected as President at such election shall commence on
the expiration of the term of office of the President in
office :
Provided that notwithstanding anything to the contrary in
Article 40 -
(a) if any person declared elected as President at a poll
for the election of a President dies at any time after
his being declared elected as President, and before the
date on which his term of office would, but for his
death, have commenced, the Commissioner of Elections,
shall take a fresh poll for the election of a President.
If the date fixed for such fresh poll is a date later
than such first-mentioned date, the term of office of the
person declared elected at such poll shall,
notwithstanding the preceding provisions of this Article,
be deemed to have commenced on such first-mentioned date.
For the purposes only of Article 38 (1) (d), the date of
commencement of the term of office of the new President
shall be the date of his election ;
(b) where the President in office is not a candidate or
is not re-elected, at a poll for the election of a
President, his term of office shall be deemed to have
expired on the date on which the result of such election
is declared. The person elected as President at such
election shall assume office forthwith, but not later
than two weeks from such date :
Provided that the President in office, notwithstanding
anything to the contrary in Article 30, shall continue to
exercise, perform and discharge the powers, duties and
functions of the office of President until the assumption
of office by the person declared elected as President. If
the office of President becomes vacant, by reason of the
person declared elected as President failing to assume
office, the President in office shall continue to
exercise, perform and discharge the powers, duties and
functions of the office of President, until the Prime
Minister or if the office of Prime Minister be then
vacant or if the Prime Minister be unable to act, the
Speaker commences to act in the office of President in
terms of Article 40 ;
(c) if by reason of the death referred to in
sub-paragraph (a) there is a vacancy in the office of
President, the Prime Minister shall act in the office of
President during the period between the occurrence of
such vacancy and the assumption of office by the new
President and shall appoint one of the other Ministers of
the Cabinet to act as Prime Minister:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the
Speaker shall act in the office of President. ]
(5) The election of the President shall be conducted by
the Commissioner of Elections who shall fix the date for
the nomination of candidates for such election and the
date on which the poll shall be taken.
(6) Parliament shall by law make provision for -
(a) the nomination of candidates for the election of
President ;
(b) the register of electors to be used at and the
procedure for the election of the President ;
(c) the creation of offences relating to such election
and the punishment therefor ;
(d) the grounds and manner of avoiding such election and
of determining any disputed election ; and
(e) all other matters necessary or incidental
thereto.
Assumption of office.
32. (1) The person elected or succeeding to the office of
President shall assume office upon taking and subscribing
the oath or making and subscribing the affirmation, set
out in the Fourth Schedule, in Sri Lanka before the Chief
Justice or any other Judge of the Supreme Court.
(2) Upon such assumption of office the President shall
cease to hold any other office created or recognized by
the Constitution and if he is a Member of Parliament,
shall vacate his seat in Parliament. The President shall
not hold any other office or place of profit
whatsoever.
(3) The President shall, by virtue of his office, have
the right at any time to attend, address and send
messages to Parliament. In the exercise of such right the
President shall be entitled to all the privileges,
immunities and powers, other than the right to vote, of a
Member of Parliament and shall not be liable for any
breach of the privileges of Parliament, or of its
Members.
Powers and functions of the President.
33. In addition to the powers and functions expressly
conferred on or assigned to him by the Constitution or by
any written law whether enacted before or after the
commencement of the Constitution, the President shall
have the power -
(a) to make the Statement of Government Policy in
Parliament at the commencement of each session of
Parliament ;
(b) to preside at ceremonial sittings of Parliament ;
(c) to receive and recognize, and to appoint and
accredit, Ambassadors, High Commissioners,
Plenipotentiaries and other diplomatic agents ;
17[(cc) 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. Every President's Counsel
appointed under this paragraph shall be entitled to all
privileges as were hitherto enjoyed by a Queen's Counsel
;]
(d) 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 Chief Justice and other
Judges of the Supreme Court, such grants and dispositions
of lands and immovable property vested in the Republic as
he is by law required or empowered to do, and to use the
Public Seal for sealing all things whatsoever that shall
pass that Seal ;
(e) to declare war and peace ; and
(f) to do all such acts and things, not being
inconsistent with the provisions of the Constitution or
written law as by international law, custom or usage he
is required or authorized to do.
Grant of pardon.
34. (1) The President may in the case of any offender
convicted of any offence in any court within the Republic
of Sri Lanka -
(a) grant a pardon, either free or subject to lawful
conditions ;
(b) grant any respite, either indefinite for such period
as the President may think fit, of the execution of any
sentence passed on such offender ;
(c) substitute a less severe form of punishment for any
punishment imposed on such offender ; or
(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 become subject to any disqualification specified in
paragraph (d), (e), (f), (g), or (h) of Article 89 or
subparagraph (g) of paragraph (1) of Article 91 -
(a) grant a pardon, either free or subject to lawful
conditions, or
(b) reduce the period of such disqualification.
(3) When any offence has been committed for which the
offender may be tried within the Republic of Sri Lanka,
the President may grant a pardon to any accomplice in
such offence who shall give such information as shall
lead to the conviction of the principal offender or of
any one of such principal offenders, if more than
one.
Immunity of President from suit.
35. (1) While any person holds office as President, no
proceedings shall he instituted or continued against him
in any court or tribunal in respect of anything done or
omitted to be done by him either in his official or
private capacity.
(2) Where provision is made by law limiting the time
within which proceedings of any description may be
brought against any person, the period of time during
which such person holds the office of President shall not
be taken into account in calculating any period of time
prescribed by that law.
(3) The immunity conferred by the provisions of paragraph
(1) of this Article shall not apply to any proceedings in
any court in relation to the exercise of any power
pertaining to any subject or function assigned to the
President or remaining in his charge under paragraph (2)
of Article 44 or to proceedings in the Supreme Court
under paragraph (2) of Article 129 or to proceedings in
the Supreme Court under Article 130 (a) 18[relating to
the election the President or the validity of a
referendum or to proceedings in the Court of Appeal under
Article 144 or in the Supreme Court, relating to the
election of a Member of Parliament:]
Provided that any such proceedings in relation to the
exercise of any power pertaining to any such subject or
function shall be instituted against the
Attorney-General.
Salary and pension.
36. (1) Within one month of the commencement of the
Constitution, 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) Upon the assumption of the office of President the
holder of such office shall become entitled to the
receipt of such salary and allowances and thereafter, of
such pension as may be determined by Parliament. Any
subsequent amendment, repeal or replacement of this
Article, and any subsequent law or any provision thereof
inconsistent with this Article shall not have
retrospective operation.
(3) The salary, allowances and pension of the President
shall be charged on the Consolidated Fund.
(4) Parliament may by resolution increase, but shall not
reduce, the salary, allowances or pension entitlement of
the holders of the office of President.
Exercise, performance and discharge of powers, duties
and functions of the President by the Prime
Minister.
37. (1) If the President is of the opinion that by reason
of illness, absence from Sri Lanka or any other cause he
will be unable to exercise, perform and discharge the
powers, duties and functions of his office he may appoint
the Prime Minister to exercise, perform and discharge the
powers, duties and functions of the office of President
during such period, and may also appoint one of the other
Ministers of the Cabinet to act in the office of Prime
Minister during such period:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the
President may appoint the Speaker to exercise, perform
and discharge the powers, duties and functions of the
office of President during such period.
(2) If the Chief Justice in consultation with the Speaker
is of the opinion that the President is temporarily
unable to exercise, perform and discharge the powers,
duties and functions of his office and is unable to make
an appointment in terms of paragraph (1) of this Article,
he shall communicate in writing his opinion to the
Speaker and thereupon the Prime Minister shall exercise,
perform and discharge the powers, duties and functions of
the office of President during such period, and shall
appoint one of the Ministers of the Cabinet to act ill
the office of Prime Minister during such period,
notwithstanding the absence of such appointment as is
provided for in paragraph (1) of this Article:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the
Speaker shall exercise, perform and discharge the powers,
duties and functions of the office of President during
such period.
(3) The provisions of the Constitution relating to the
President (other than the provisions of paragraph (2) of
Article 32) shall apply, in so far as they can be
applied, to the person so exercising, performing and
discharging the powers, duties and functions of the
office of President.
(4) In this Article and in Articles 38 (1)(b) and 40 (1),
"the Speaker" includes, during any period when Parliament
is dissolved, the person who held the office of Speaker
immediately before the dissolution of Parliament.
Vacation of office by President.
38. (1) The office of President shall become vacant -
(a) upon his death ;
(b) if he resigns his office by a writing under his hand
addressed to the Speaker ;
(c) if he ceases to be a citizen of Sri Lanka ;
(d) if the person elected as President wilfully fails to
assume office, within 19[two weeks] from the
date of commencement of his term of office ;
(e) if he is removed from office as provided in the next
succeeding paragraph ; or
(f) If the Supreme Court in the exercise of its pourers
under Article 130 (a) determines that his election as
President was void and does not determine that any other
person was duly elected as President.
(2) (a) Any Member of Parliament may, by a writing
addressed to the Speaker, give notice of a resolution
alleging that the President is permanently incapable of
discharging the functions of his office by reason of
mental or physical infirmity or that the President has
been guilty of-
(i) intentional violation of the Constitution,
(ii) treason,
(iii) bribery,
(iv) misconduct or corruption involving the abuse of the
powers of his office, or
(v) any offence under any law, involving moral turpitude,
and setting out full particulars of the allegation or
allegations made and seeking an inquiry and report
thereon by the Supreme Court.
(b) No notice of such resolution shall be entertained by
the Speaker or placed on the Order Paper of Parliament
unless it complies with the provisions of sub-paragraph
(a) and -
(i) such notice of resolution is signed by not less than
two-thirds of the whole number of Members of Parliament,
or
(ii) such notice of resolution is signed by not less than
one-half of the whole number of Members of Parliament,
and the Speaker is satisfied that such allegation or
allegations merit inquiry and report by the Supreme
Court.
(c) Where such resolution is passed by not less than
two-thirds of the whole number of Members (including
those not present) voting in its favour, the allegation
or allegations contained in such resolution shall be
referred by the Speaker to the Supreme Court for inquiry
and report.
(d) The Supreme Court shall, after due inquiry at which
the President shall have the right to appear and to be
heard, in person or by an attorney-at-law, make a report
of its determination to Parliament together with the
reasons therefor.
(e) Where the Supreme Court reports to Parliament that in
its opinion the President is permanently incapable of
discharging the functions of his office by reason of
mental or physical infirmity or that the President has
been guilty of any of the other allegations contained in
such resolution, as the case may be, Parliament may by a
resolution passed by not less than two-thirds of the
whole number of Members (including those not present)
voting in its favour remove the President from
office.
Determination by the Supreme Court that the President
was not duly elected or the election of the President was
void.
39. (1) Where the Supreme Court in the exercise of its
jurisdiction under Article 130 determines -
(a) that the election of the President was void and does
not determine that any other person was duly elected,
then, a poll for the election of the President shall be
taken not later than three months from the date of the
determination ; or
(b) that any other person was duly elected as President,
then, such other person shall assume the office of
President within one month of the date of the
determination.
For the purposes of Article 38 (1) (d), the date of
commencement of the term of office of the new President
shall be the date of his election or the date of the
determination, as the case may be.
(2) Upon the Supreme Court making any such determination
as is referred to in paragraph (1) of this Article, the
person who was exercising, performing and discharging the
powers, duties and functions of the office of President
shall forthwith cease to exercise, perform and discharge
such powers, duties and functions. During the period
intervening between the date of such determination and
the assumption of office by the new President, the Prime
Minister shall act in the office of President and shall
appoint one of the other Minister of the Cabinet to act
in the office of the Prime Minister:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the
Speaker shall act in the office of the President.
(3) For the purposes of Article 30(2) and notwithstanding
the provisions of Article 31 (4), the term of office of
the new President shall be deemed to have commenced on
the date on which the term of office of the person whose
election was determined to have been void or undue would,
but for such determination, have commenced.
(4) The exercise, performance and discharge by any person
of the powers, duties and functions of the office of the
President shall not be invalid by reason only of the fact
that the Supreme Court subsequently determines that the
election of such person as President was void or
undue.
(5) The provisions of this Article shall apply
notwithstanding anything to the contrary in Article
40.
Vacation of office by President and election of
succeeding President.
40. (1) (a) If the office of President shall become
vacant prior to the expiration of his term of office,
Parliament shall elect as President one of its Members
who is qualified to be elected to the office of
President. Any person so succeeding to the once of
President shall hold office only for the unexpired period
of the term of office of the President vacating
office.
(b) Such election shall be held as soon as possible
after, and in no case later than one month from, the date
of occurrence of the vacancy. Such election shall be by
secret ballot and by an absolute majority of the votes
cast in accordance with such procedure as Parliament mar
by law provide:
Provided that if such vacancy occurs after the
dissolution of Parliament, the President shall be elected
by the new Parliament within one month of its first
meeting.
(c) During the period between the occurrence of such
vacancy and the assumption of office by the new
President, the Prime Minister shall act in the office of
President and shall appoint one of the other Ministers of
the Cabinet to act in the office of Prime Minister:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the
Speaker shall act in the office of President.
(2) The provisions of the Constitution relating to the
President (other than the provisions of paragraph (2) of
Article 32) shall apply, in so far as they can be
applied, to an acting President.
(3) Parliament shall by law provide for all matters
relating to the procedure for the election of the
President by Parliament and all other matters necessary
or incidental thereto.
President's staff.
41. (1) The President shall have the power to appoint
such Secretaries, and, in consultation with the Cabinet
of Ministers, such other officers and staff as are in his
opinion necessary to assist him in the exercise,
performance and discharge of the powers, duties and
functions of his office, and to determine their terms and
conditions of service.
(2) The salaries of such Secretaries, officers and staff
shall be charged on the Consolidated Fund.
(3) Such Secretaries, officers and staff shall be deemed
to be public officers except that the dismissal and
disciplinary control of such Secretaries, officers and
staff shall be vested in the President, who may delegate
to any such Secretary his powers of dismissal and
disciplinary control in respect of any such officers or
staff.
(4) Every such Secretary, officer or member of the staff
shall cease to hold office upon a new President assuming
office.
(5) Where any such Secretary, officer or member of the
staff so ceases to hold office, the Cabinet of Ministers
may appoint such Secretary, officer or member of the
staff to any post in the Public Service:
Provided that any such Secretary, office or member of the
staff who immediately prior to his appointment as
Secretary, officer of the staff was in the Public or
Local Government Service or in the service of a public
corporation shall be entitled to revert to such service
without loss of seniority upon a new President assuming
office.
(6) The proviso to paragraph (5) of this Article shall,
mutatis mutandis, apply to any person referred to in that
proviso upon -
(a) the President terminating the services of such
person, otherwise than by dismissal on disciplinary
grounds; or
(b) the resignation of such person, unless disciplinary
proceedings are pending or contemplated against such
person on the date of his resignation.
(7) For the purposes of paragraphs (5) and (6) of this
Article any person who has continuously held the office
of Secretary to the President, Secretary to any Ministry
or any office in the President's staff' or any one or
more of such offices shall be deemed to have continuously
held the office which such person last held.
Chapter VIII - The
Executive
The Cabinet of
Ministers
42. The President shall be responsible to
Parliament for the due exercise, performance and
discharge of his powers duties and functions under the
Constitution and any written law, including the law for
the time being relating to public security.
43. (1) There shall be a Cabinet of Ministers
charged with the direction and control of the Government
of the Republic, which shall be collectively responsible
and answerable to Parliament.
(2) The President
shall be a member of the Cabinet of Ministers, and shall
be the Head of the Cabinet of Ministers
Provided that
notwithstanding the dissolution of the Cabinet of
Ministers under the provisions of the Constitution, the
President shall continue in office.
(3) The President
shall appoint as Prime Minster the Member of Parliament
who in his opinions ismost likely to command the
confidence of Parliament.
44. (1) The
President shall, from time to time, in consultation with
the Prime Minister, where he considers such consultation
to be necessary -
(a) determine the
number of Ministers of the Cabinet of Ministers and the
Ministries and the assignment of subjects and functions
to such Ministers; and
(b) appoint from
among the Members of Parliament, Ministers to be in
charge of the Ministries so determined.
(2) The President
may assign to himself any subject or function and shall
remain in charge of any subject or function not assigned
to any Minister under the provisions of paragraph (1) of
this Article or the provisions of paragraph (1) of
Article 45 and may for that purpose determine the number
of Ministries to be in his charge, and accordingly, any
reference in the Constitution or any written law to the
Minister to whom such subject or function is assigned,
shall be read and construed as a reference to the
President.
(3) The President
may, at any time, change the assignment of subjects
and functions and the composition of the Cabinet of
Ministers. Such changes shall not affect the continuity
of the Cabinet of Ministers, and the continuity of its
responsibility to Parliament.
45. (1) The
President may, from time to time, in consultation with
the Prime Minister where he considers such consultation
to be necessary -
(a) appoint from
among Members of Parliament. Ministers who shall not be
Members of the Cabinet of Ministers; and
(b) determine the
assignment of subjects and functions to, and the
Ministries, if any, which are to be in charge of, such
Ministers.
(2) The President
may at any time change any appointment or assignment made
under paragraph (1) of this Article.
(3) Every Minister
appointed under this Article shall be responsible and
answerable to the Cabinet of Ministers and to
Parliament.
(4) Any Minister of
the Cabinet of Ministers may, by Notification published
in the Gazette, delegate to any Minister who is
not a member of the Cabinet of Ministers any power or
duty pertaining to any subject or function assigned to
him, or any power or duty conferred or imposed en him by
any written law and it shall be lawful for such other
Minister to exercise and 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.
46. (1) The
President may, from time to time, in consultation with
the Prime Minister, where he considers such consultation
to be necessary, appoint from among the Members of
Parliament Deputy Ministers to assist the Ministers of
the Cabinet of Ministers in the performance of their
duties.
(2) Any Minister of
the Cabinet of Ministers may, by Notification published
in the Gazette, delegate to his Deputy Minister any power
or duty pertaining to any subject or function assigned to
him, or any power or duty conferred or imposed on him by
any written law and it shall be lawful for the Deputy
Minister to exercise and 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 such
Minister.
47. The Prime
Minister, a Minister of the Cabinet of Ministers, any
other Minister or 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 -
(a) is removed by
a writing under the hand of the President;
(b) resigns his
office by a writing under his hand addressed to the
President; or
(c) ceases to be a
Member of Parliament.
18. (1) The Cabinet
of Ministers functioning immediately prior to the
dissolution of Parliament shall notwithstanding such
dissolution continue to function and shall cease to
function upon the conclusion of the General Election and
accordingly, the Prime Minister, Ministers of the Cabinet
of Ministers, other Ministers and Deputy Ministers shall
continue to function unless they cease to hold office as
provided in paragraph (a) or (b) of Article
47.
(2) Notwithstanding
the death, removal from office or resignation of the
Prime Minister, during the period intervening between the
dissolution of Parliament and the conclusion of the
General Election, the Cabinet of Ministers shall continue
to function with the other Ministers of the Cabinet as
its members until the conclusion of the General Election.
The President may appoint one such Minister to exercise,
perform and discharge, or may himself exercise, perform
and discharge the powers, duties and functions of the
Prime Minister. If there is no such other Minister the
President shall himself exercise perform and discharge
the powers, duties and functions of the Cabinet of
Ministers until the conclusion of the General
Election.
(3) On the death,
removal from office or resignation, during the period
intervening between the dissolution of Parliament and the
conclusion of the General Election, of a Minister of the
Cabinet of Ministers or any other Minister, the President
may appoint any other Minister to be the Minister in
charge of such Ministry or to exercise, perform and
discharge the powers, duties and functions of such
Minister or may himself take charge of such Ministry or
exercise, perform and discharge such powers, duties and
functions.
49. (1) On the Prime
Minister ceasing to hold office by removal, resignation
or otherwise, except during the period intervening
between the dissolution of Parliament and the conclusion
of the General Election, the Cabinet of Ministers shall,
unless the President has in the exercise of his powers
under Article 70, dissolved Parliament, stand dissolved
and the President shall appoint a Prime Minister,
Ministers of the Cabinet of Ministers, other Ministers
and Deputy Ministers in terms of Articles 43, 44, 45 and
46
Provided that if
after the Prime Minister so ceases to hold office
Parliament is dissolved, the Cabinet of Ministers shall
continue to function with the other Ministers of the
Cabinet as its members, until the conclusion of the
General Election. The President may appoint one such
Minister to exercise, perform and discharge or may
himself exercise, perform and discharge the powers,
duties and functions of the Prime Minister, and the
provisions of Article 48 shall, mutatis muttandis,
apply.
(2) If Parliament
rejects the Statement of Government Policy or the
Appropriation Bill or passes a vote of no-confidence in
the Government, the Cabinet of Ministers shall stand
dissolved, and the President shall, unless he has in the
exercise of his powers under Article 70, dissolved
Parliament, appoint a Prime Minister, Ministers of the
Cabinet of Ministers, other Ministers and Deputy
Ministers in terms of Articles 43, 44, 45 and
46.
50. Whenever a
Minister of the Cabinet of Ministers, other Minister or
Deputy Minister is unable to discharge the functions of
his office, the President may appoint any Member of
Parliament to act in place of the said Minister of the
Cabinet of Ministers, other Minister or Deputy
Minister.
51. There shall be a
Secretary to the Cabinet of Ministers who shall be
appointed by the President. The Secretary shall, subject
to the direction of the President, have charge of the
office of the Cabinet of Ministers, and shall discharge
and perform such other functions and duties as may be
assigned to him by the President or the Cabinet of
Ministers.
52. (1) There shall
be for each Ministry a Secretary who shall be appointed
by the President.
(2) The Secretary to
the 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) The Secretary to
a Ministry shall cease to hold office upon the
dissolution of the Cabinet of Ministers under the
provisions of the Constitution or upon a determination by
the President under Article 44 or Article 45 which
results in such Ministry ceasing to exist.
(4) Where the
Secretary to a Ministry so ceases to hold office, the
Cabinet of Ministers may appoint such Secretary to any
other post in the Public Service:
Provided that a
person who immediately prier to his appointment as
Secretary was in the Public or Local Government Service
or in the service of any public corporation shall
be deemed to have been temporarily released from such
service and shall be entitled to revert to such service
without loss of seniority upon his so ceasing to hold
office as Secretary.
(5) The proviso to
paragraph (4) of this Article shall, mutatis
mutandis, apply to a Secretary to a Ministry upon -
(a) the President
terminating his services, otherwise than by dismissal
on disciplinary grounds, or
(b) his
resignation, unless disciplinary proceedings are
pending or contemplated against him on the date of his
resignation.
(6) For the purposes
of paragraphs (4) and (5) of this Article any person who
has continuously hold the office of Secretary to the
President, Secretary to a Ministry or any other office in
the President's staff or any one or more of such offices
shall be deemed to have continuously held the office
which such person last held.
(7) For the purposes
of this Article, the Office of the Parliamentary
Commissioner for Administration, the Office of the
Secretary-General of Parliament, the Department of the
Commissioner of Elections, the Department of the
Auditor-General and the Office of the Secretary to the
Cabinet of Ministers shall be deemed not to be
departments of Government.
53. 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.
Chapter IX - The Executive
The Public
Service
54. The President shall appoint all
public officers required by the Constitution or other
written law to be appointed by the President, as well as
the Attorney-General and the Heads of the Army, the Navy,
the Air Force and the Police Force.
55. (1) Subject to the provisions of
the Constitution, the appointment, transfer, dismissal
and disciplinary control of public officers is hereby
vested in the Cabinet of Ministers, and all public
officers shall hold office at pleasure.
(2) The Cabinet of Ministers shall
not delegate its powers of appointment, transfer,
dismissal and disciplinary control in respect of Heads of
Departments.
(3) The Cabinet of Ministers may
from time to time delegate its powers of appointment,
transfer, dismissal and disciplinary control of other
public officers to the Public Service
Commission:
Provided that the Cabinet of
Ministers may, from time to time and notwithstanding any
delegation under this Article, delegate to any Minister
its power of transfer in respect of such categories of
officers as may be specified, and upon such delegation,
the Public Service Commission or any committee thereof
shall not exercis1e such power in respect of such
categories of officers.
For the purposes of this proviso,
"transfer" means the moving of a public officer from one
post to another pos1t in the same service or in the same
grade of the same Ministry or Department with no change
in salary.
(4) Subject to the provisions of the
Constitution, the Cabinet of Ministers shall provide for
and determine all matters relating to public officers,
including the formulation of schemes of recruitment and
codes of conduct for public officers, the principles to
be followed in making promotions and transfers, and the
procedure for the exercise and the delegation of the
powers of appointment, transfer, dismissal and
disciplinary control of public officers.
(5) Subject to the jurisdiction
conferred on the Supreme Court under paragraph (1) of
Article l26 no court or tribunal shall have power or
jurisdiction to inquire into, pronounce upon or in any
manner call in question, any order or decision of the
Cabinet of Ministers, a Minister, the Public Service
Commission, a Committee of the Public Service Commission
or of a public officer, in regard to any matter
concerning the appointment, transfer, dismissal or
disciplinary control of a public officer.
(6) For the purposes of this Article
and Articles 56 to 59 (both inclusive) "public officer"
does not include a member of the Army, Navy or Air
Force.
56. (1) There shall be a Public
Service Commission which shall consist of not less than
five persons appointed by the President. The President
shall nominate one of the members of the Commission to be
the Chairman.
(2) No person shall be appointed or
continue as a member of the Public Service Commission if
he is a Member of Parliament.
(3) Every person who, immediately
before his appointment as a member of the Public Service
Commission, was a public officer or a judicial officer
shall, when such appointment takes effect, cease to
hold such office, and shall be ineligible for further
appointment as a public officer or 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 such 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 purposes of any provision
relating to the grant of pensions, gratuities or other
allowances in respect of such service.
(4) Every member of the Public
Service Commission shall hold office for a period of five
years from the date of his appointment, unless he earlier
resigns his office by a writing under his hand addressed
to the President, or is removed from office by the
President for cause assigned, but shall be eligible for
reappointment.
(5) The President may grant leave
from his duties to any members of the Public Service
Commission and may appoint a person qualified to be a
member of the Public Service Commission to be a temporary
member for the period of such leave.
(6) A member of the Public Service
Commission shall be paid such salary as may be determined
by Parliament. The salary payable to any such member
shall be charged on the Consolidated Fund and shall not
be diminished during his term of office.
(7) There shall be a Secretary to
the Public Service Commission who shall be appointed by
the Commission.
(8) The quorum for any meeting of
the Commission shall be three members.
(9) The Public Service 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 any such vacancy or any defect in the
appointment of a member.
(10) For the purposes of Chapter IX
of the Penal Code, a member of the Public Service
Commission shall be deemed to be a public
servant.
57. (1) Whenever the Cabinet of
Ministers so directs the Chairman of the Public Service
Commission shall appoint a Committee of the Public
Service Commission to exercise the powers of the
Commission in respect of such categories of public
officers as are specified in such direction.
(2) Upon a direction being made
under paragraph (1) of this Article, the Chairman of the
Public Service Commission shall appoint a Committee
consisting of three members of the Public Service
Commission. Where such Chairman is a member of the
Committee so appointed, he shall be the Chairman of the
Committee, and where he is not a member of the Committee
so appointed, then such member of that Committee as may
be nominated in writing by such Chairman, shall be the
Chairman of that Committee.
(3) Upon the appointment of any such
Committee, the Public Service Commission shall cease to
exercise its powers of appointment, transfer, dismissal
and disciplinary control in respect of the categories of
public officers specified in the direction for the
appointment of such Committee.
(4) There shall be a Secretary to
each such Committee who shall be appointed by the Public
Service Commission.
(5) The quorum for any meeting of
any such Committee shall be two members.
(6) Any such Committee shall have
power to act notwithstanding any vacancy in its
membership and any act or proceeding of any such
Committee shall not be, or be deemed to be, invalid by
reason only of any such vacancy or any defect in the
appointment of a member.
58. (1) The Public Service
Commission or any Committee thereof may delegate to
a public officer, subject to such conditions as may he
prescribed by the Cabinet of Ministers, its powers of
appointment, transfer, dismissal or disciplinary control
of any category of public officers.
(2) Any public officer aggrieved by
any order of transfer or dismissal, or any other order
relating to a disciplinary matter made by a public
officer to whom the Public Service Commission or any
Committee thereof has delegated its powers under the
preceding paragraph shall have a right of appeal to the
Public Service Commission or such Committee, as the ease
may be.
59. The Cabinet of Ministers shall
have the power to alter, vary or rescind -
(a) any appointment, order of
transfer or dismissal or any other order relating to a
disciplinary matter made, on appeal or otherwise, by the
Public Service Commission or a Committee
thereof;
(b) any order of transfer made by a
Minister; or
(c) any appointment made by a public
officer to whom the Public Service Commission or any
Committee thereof has delegated its powers under Article
58 (1).
60. Every person who, otherwise than
in the course of his duty, directly or indirectly, by
himself or by any other person, in any matter whatsoever,
influences or attempts to influence any decision of the
Public Service Commission, or of any Committee thereof,
or of any member of such Commission or of any public
officer exercising any powers delegated by such
Commission or Committee, shall be guilty of an offence,
and shall, on conviction by the High Court after trial
without a jury be liable to a fine not exceeding one
thousand rupees or to imprisonment for a term not
exceeding one year or to both such fine and such
imprisonment and fine:
Provided that nothing in this
Article shall prohibit any person from giving a
certificate or testimonial to any applicant or candidate
for any public office.
61. 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.
Chapter X - The Legislature
Parliament
Parliament.
62. 20[(1) There shall be a Parliament which
shall consist of two hundred and twenty-five Members
elected in accordance with the provisions of the
Constitution.]
(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 as a
dissolution of Parliament.
(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 as a dissolution of
Parliament.
63. 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 Democratic Socialist Republic of
Sri Lanka."
64. (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 or Committees shall unless he earlier resigns
his office by a writing under his hand addressed to the
President or ceases to be a Member, vacate his office on
the dissolution of Parliament.
(3) Whenever the
office of Speaker, Deputy Speaker or Deputy Chairman of
Committees becomes vacant otherwise than as a result of a
dissolution of Parliament, 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) If Parliament,
after having been dissolved, is summoned under paragraph
(7) of Article 70, each of the Members mentioned in
paragraph (2) of this Article shall, notwithstanding
anything therein, resume and continue to hold his office
while that Parliament is kept in session.
(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.
65. (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.
(5) The office of
the Secretary-General shall become vacant-
(a) upon his
death;
(b) on his
resignation in writing addressed to the
President;
(c) on his
attaining the age of sixty years, unless Parliament
otherwise provides by law
(d) on his removal
by the President on account of ill health or physical
or mental infirmity; or
(e) on his removal
by the President upon an address of
Parliament.
(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.
66. The seat of a
Member shall become vacant -
(a) upon his
death;
(b) if, by a
writing under his hand addressed to the
Secretary-General of Parliament, he resigns his
seat;
(c) upon his
assuming the office of President consequent to his
election to such office, either by the People or by
Parliament;
(d) if he becomes
subject to any disqualification specified in Article 89
or 91
(e) if he becomes
a member of the Public Service or an employee of a
public corporation or, being a member of the Public
Service or an employee of a public corporation, does
not cease to be a 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;
(h) upon the
dissolution of Parliament; or
(i) upon a
resolution for his expulsion being passed in terms of
Article 81.
67. 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.
68. (1) 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.
(2) Until Parliament
so provides, the remuneration payable to Ministers,
Deputy Ministers and Members, including the Speaker, the
Deputy Speaker and the Deputy Chairman of Committees,
shall be the same as the remuneration paid to Ministers,
Deputy Ministers and Members including the Speaker, the
Deputy Speaker and the Deputy Chairman of Committees of
the National State Assembly immediately prior to the
commencement of the Constitution.
69. 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.
Chapter XI - The
Legislature
Procedure and Powers
70. (1) The President may, from time to time, by
Proclamation summon, prorogue and dissolve Parliament
Provided that -
(a) subject to the provisions of subparagraph (d),
when a General Election has been held consequent upon a
dissolution of Parliament by the President, the President
shall not thereafter dissolve Parliament until the
expiration of a period of one year from the date of such
General Election, unless Parliament by resolution
requests the President to dissolve Parliament;
(b) the President shall not dissolve Parliament on the
rejection of the Statement of Government Policy at the
commencement of the first session of Parliament after a
General Election
(c) subject to the provisions of sub-paragraph (d),
the President shall not dissolve Parliament after the
Speaker has entertained a resolution complying with the
requirements of sub-paragraphs (a) and (b) of paragraph (2) of Article 38, unless -
(i) such resolution is not passed as required by
sub-paragraph (c) of paragraph (2) of Article 38;
(ii) the Supreme Court determines and reports that
the President has not become permanently
incapable of discharging the functions of his office or
that the President has not been guilty of any of the
other allegations contained in such resolution;
(iii) the consequent resolution for the removal of
the President is not passed as required by
sub-paragraph (e) of paragraph (2) of Article 38;
or
(iv) Parliament by resolution requests the President
to dissolve Parliament;
(d) where the President has not dissolved Parliament
consequent upon the rejection by Parliament of the
Appropriation Bill, the President shall dissolve
Parliament if Parliament rejects the next Appropriation
Bill.
(2) Parliament shall be summoned to meet once at least
in every year.
(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 prorogued, 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
(ii) subject to the provisions of this Article,
dissolve Parliament.
(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 62, 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
subparagraph (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) Where the poll for the election
of the President is to be taken on a date which falls
between the date of dissolution of Parliament and the
date before which Parliament is required by paragraph (5)
of this Article to be summoned to meet, Parliament shall,
notwithstanding anything in that paragraph, be summoned
to meet on a date not later than four months after the
date of dissolution of Parliament.
(7) 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.
71. Parliament may adjourn from time to time as it may
determine by resolution or Standing Order, until it is
prorogued or dissolved.
72. (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.
73. 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.
74. (1) Subject to the provisions of
the Constitution, Parliament may by resolution or
Standing Order provide for-
(i) the election and retirement 0f the Speaker, the
Deputy Speaker and the Deputy Chairman of Committees,
and
(ii) the regulation of its business, the preservation
of order at its sittings and any other matter for which
provision is required or authorized to be so made by the
Constitution.
(2) Until Parliament otherwise provides by law or by
resolution, the Standing Orders of the National State
Assembly, operative immediately prior to the
commencement of the Constitution, shall, mutatis
mutandis, be the Standing Orders of Parliament.
75. Parliament shall have power to make laws,
including laws having retrospective effect and repealing
or amending any provision of the Constitution, or adding
any provision to the Constitution:
Provided that Parliament shall not
make any law-
(a) suspending the operation of the Constitution or
any part thereof, or
(b) repealing the Constitution as a whole unless
such law also enacts a new Constitution to replace
it.
76. (1) Parliament
shall not abdicate or in any manner alienate its
legislative power, and shall not set up any authority
with any legislative power.
(2) It shall not be contravention of the provisions of
paragraph (1) of this Article for Parliament to make, in
any law relating to public security, provision empowering
the President to make emergency regulations in accordance
with such law
(3) It shall not be a contravention of the provisions
of paragraph (1) of this Article for Parliament to make
any law containing any provision empowering any person or
body to make subordinate legislation
for prescribed purposes, including the power-
(a) to appoint a date on which any law or any part
thereof shall come into effect or cease to have
effect;
(b) to make by order any law or any part thereof
applicable to any locality or to any class of
persons; and
(c) to create a legal person, by an order or an
act.
In sub-paragraph (a) and (b) of this
paragraph, "law" includes existing law.
(4) Any existing law containing any such provision as
aforesaid shall be valid and operative.
77. (1) It shall be the duty of the Attorney-General
to examine every Bill for any contravention of the
requirements of paragraphs (1) and (2) of Article
82 and for any provision Which cannot be validly passed
except by the special majority prescribed by the
Constitution; and the Attorney-General or any officer
assisting the AttorneyGeneral in the performance of
his duties under this Article shall be afforded all
facilities necessary for the performance of such
duties.
(2) If the Attorney-General is of the opinion that a
Bill contravenes any of the requirements of paragraphs
(1) and (2) of Article 82 or that any provision in a Bill
cannot be validly passed except by the special majority
prescribed by the Constitution, he shall communicate such
opinion to the President:
Provided that in the case of an amendment proposed to
a Bill in Parliament, the Attorney-General shall
communicate his opinion to the Speaker at the stage when
the Bill is ready to be put to Parliament for its
acceptance.
78. (1) Every Bill shall be published in the Gazette
at least seven 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.
(~) The Speaker 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."
Such certificate may also state the majority by which
such Bill was passed:
Provided that where by virtue of the provisions of
Article or Article 83 or Article 84 or Article 123 (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 83,
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.
80. (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 or where any Bill is submitted to the People
by Referendum under paragraph (2) of Article 85, such
Bill or such provision shall become law upon being
approved by the People at a Referendum in accordance with
paragraph (3) of Article 85 only when the President
certifies that the Bill ore provision thereof has been so
approved. The President shall endorse on every Bill so
approved a certificate in the following form -
"This Bill/provision has been 21[duly
approved by the People at a Referendum."
Every such certificate shall be final and conclusive,
and shall not be called in question in any court.
(3) 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 on any
ground whatsoever.
81. (1) Where a Special Presidential Commission of
Inquiry established under the Special Presidential
Commissions of Inquiry Law, No. 7 of 1978, 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
(b) expel such person from Parliament, if he is a
Member of Parliament.
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 provisions of
this Article a certificate in the following form
-
"This resolution has been
duly passed by Parliament in accordance with the
provisions of Article 81 of the Constitution."
Every such certificate shall be conclusive for all
purposes and shall not be questioned in any court, and no
court ore 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.
Chapter XII - The
Legislature
Amendment of the
Constitution
82. (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 Bill and is described in the
long title thereof 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) or
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 the Speaker, as the case may be, being
endorsed thereon in accordance with the provisions of
Article 80 or 79.
(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.
(7) In this Chapter, "amendment"
includes repeal, alteration and addition.
83. Notwithstanding anything to the contrary in the
provisions of Article 82-
(a) a Bill for the amendment or for the repeal and
replacement of or which is inconsistent with any of the
provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11,
or of 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 30 or of
paragraph (2) of Article 62 which would extend the term
of office of the President or the duration of
Parliament, as the case may be, 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 is endorsed thereon by
the President in accordance with Article 80.
84. (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
he placed on the Order Paper of Parliament without
complying with the requirements of paragraph (1)
or paragraph (2) of Article 82.
(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 prescnt) and a certificate by the
President or the Speaker, as the case may be, is endorsed
thereon in accordance with the provisions of Article 80
or 79.
(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.
Chapter XIII - The
Referendum
Submission of Bills to People by
Referendum.
85. (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 by 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) The President may in his discretion submit to the
People by Referendum any Bill (not being a Bill for the
repeal or amendment of any provision of the Constitution,
or for the addition of any provision to the Constitution,
or for the repeal and replacement of the Constitution, or
which is inconsistent with any provision of the
Constitution), which has been rejected by Parliament.
(3) Any Bill or any provision in any Bill submitted to
the People by 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 only if approved by not
less than one-third of the whole number of such
electors.
86. The President may, subject to the provisions of
Article 85, submit to the People by Referendum any matter
which in the opinion of the President is of national
importance.
87. (1) Every Referendum shall be conducted by the
Commissioner of Elections who shall communicate the
result thereof to the President.
(2) Parliament shall by law provide for all matters
relating to the procedure for the submission of
Bills and of matters of national importance to the People
by Referenda, the register of electors to be used at a
Referendum, the creation of offences relating thereto and
the punishment therefor, and all other matters necessary
or incidental thereto.
Chapter XIV - Franchise and
Elections
Right to be an elector.
88. Every person shall, unless
disqualified as hereinafter provided, be qualified to be
an elector at the election of the President and of the
Members of Parliament or to vote at any Referendum :
Provided that no such person shall be entitled to vote
unless his name is entered in the appropriate register of
electors.
Disqualification to be an elector.
89. No person shall be qualified to
be an elector at an election of the President, or of the
Members of Parliament or to vote at any Referendum, if he
is subject to any of the following disqualifications,
namely-
(a) if he is not a citizen of Sri Lanka ;
(b) if he has not attained the age of eighteen years on
the qualifying date specified by law under the provisions
of Article 101 ;
(c) if he is under any law in force in Sri Lanka found or
declared to be of unsound mind ;
(d) if he is serving or has during the period of seven
years immediately preceding completed serving of a
sentence of imprisonment (by whatever name called) for a
term not less than six months imposed after conviction by
any court for an offence punishable with imprisonment for
a term not less than two years or is under sentence of
death or is serving or has during the period of seven
years immediately preceding completed the serving of a
sentence of imprisonment for a term not less than six
months awarded in lieu of execution of such sentence
:
Provided that if any person disqualified under this
paragraph is granted a free pardon such disqualification
shall cease from the date on which the pardon is granted
;
(e) if a period of seven years has not elapsed since
-
(i) the last of the dates, if any, of his being convicted
of any offence under section 52 (1) or 53 of the Ceylon
(Parliamentary Elections) Order in Council, 1946, or of
such offence under the law for the time being relating to
Referenda or to the election of the President or of
Members of Parliament as would correspond to an offence
under either of the said two sections ;
(ii) the last of the dates, if any, of his being
convicted of a corrupt practice under the Ceylon
(Parliamentary Elections) Order in Council, 1946, or of
such offence under the law for the time being relating to
Referenda or to the election of the President or of
Members of Parliament as would correspond to the said
corrupt practice ;
(iii) the last of the dates, if any, being a date after
the commencement of the Constitution, of a report made by
a Judge finding him guilty of any corrupt practice under
the Ceylon (Parliamentary Elections) Order in Council,
1946, or under any law for the time being relating to
Referenda or to the election of the President or of
Members of Parliament ;
(iv) the last of the dates, if any, of his being
convicted or found guilty of bribery under the provisions
of the Bribery Act or of any future law as would
correspond to the Bribery Act ;
(f) if a period of five years has not elapsed since -
(i) the last of the dates, if any, of his being convicted
of any offence under the provisions of sections 77 to 82
(both inclusive) of the Local Authorities Elections
Ordinance or for such offence under any future law as
would correspond to any offence under the said sections ;
or
(ii) the last of the dates, if any, of his being
convicted of an offence under the provisions of sections
2 and 3 of the Public Bodies (Prevention of Corruption)
Ordinance or of such offence under any future law as
would correspond to the said offence ;
(g) if a period of three years has not elapsed since
-
(i) the last of the dates, if any, of his being convicted
of an illegal practice under the Ceylon (Parliamentary
Elections) Order in Council, 1946, or of such offence
under the law for the time being relating to Referenda or
to the election of the President or of Members of
Parliament as would correspond to the said illegal
practice ;
(ii) The last of the dates, if any, being a date after
the commencement of the Constitution, of a report made by
a Judge finding him guilty of any illegal practice under
the Ceylon (Parliamentary Elections) Order in Council,
1946, or under any law for the time being relating to
Referenda or to the election of the President or of
Members of Parliament ;
(h) if a resolution for the imposition of civic
disability upon him has been passed in terms of Article
81, and the period of such civic disability specified in
such resolution has not expired ;
(i) if a period of seven years has not elapsed since
-
(i) the date of his being convicted of any offence under
the provisions of sections 188 to 201 (both inclusive) of
the Penal Code or for such other offence under any future
law as would correspond to any offence under the said
sections, or
(ii) the date of his being convicted of an offence of
contempt against, or in disrespect of, the authority of
any Special Presidential Commission of Inquiry consisting
of such member or members specified in Article 81 by
reason of -
(1) the failure of such person, without cause which in
the opinion of such Commission is reasonable, to appear
before such Commission at the time and place mentioned in
any summons which such Commission is empowered by law to
issue, or
(2) the refusal of such person to be sworn or affirmed,
or the refusal or failure of such person, without cause
which in the opinion of such Commission is reasonable, to
answer any question put to such person touching the
matters directed to be inquired into by such Commission,
or
(3) the refusal or failure of such person, without cause
which in the opinion of such Commission is reasonable, to
produce and show to such Commission any document or thing
which is in the possession or power of such person and
which in the opinion of such Commission is necessary for
arriving at the truth of the matters to be inquired into
by such Commission.
(j) if the period of his disqualification imposed under
Article 116 has not elapsed.
Qualification for election as
Member of Parliament.
90. Every Person who is qualified to
be an elector shall be qualified to be elected as a
Member of Parliament unless he is disqualified under the
provisions of Article 91.
Disqualification for election as Member of
Parliament.
91. No person shall be qualified to be elected as a
Member of Parliament or to sit and vote in Parliament
-
(a) if he is or becomes subject to any of the
disqualifications specified in Article 89 ;
(b) if he -
(i) stands nominated as a candidate for election for more
than one electoral district at a General Election,
(ii) stands nominated as a candidate for election by more
than one recognized political party or independent group
in respect of any electoral district,
(iii) stands nominated as a candidate for election for an
electoral district and before the conclusion of the
election for that electoral district he stands nominated
as a candidate for election for any other electoral
district, or
(iv) being a Member of Parliament, except in the
circumstances referred to in Article 70 (7) or Article
155 (4) (i), stands nominated as a candidate for election
for any electoral district ;
(c) if he is the President of the Republic;
(d) if he is -
(i) a judicial officer,
(ii) the Parliamentary Commissioner for
Administration,
(iii) the Secretary-General of Parliament or a member of
his staff,
(iv) a member of the Public Service Commission,
(v) the Commissioner of Elections,
(vi) the Auditor-General,
22[(vii) a public officer holding any office
created prior to November 18, 1970, the initial of the
salary scale of which was, on November 18, 1970, not less
than Rs. 6,720 per annum, or such other amount per annum
as would, under any subsequent revision of salary scales,
correspond to such initial,
(viii) a public officer holding any office created after
November 18, 1970, the initial of the salary scale of
which is, on the date of the creation of that office, not
less than the initial of the salary scale applicable, on
that date, to an office referred to in item (vii) or such
other amount per annum as would, under any subsequent
revision of salary scales, correspond to the
first-mentioned initial,
(ix) an officer in any public corporation holding any
office created prior to November 18, 1970, the initial of
the salary scale of which was, on November 18, 1970, not
less than Rs. 7,200 per annum or such other amount per
annum as would, under any subsequent revision of salary
scales, correspond to such initial,
(x) an officer in any public corporation holding any
office created after November 18, 1970, the initial of
the salary scale of which is, on the date of creation of
that office, not less than the initial of the salary
scale applicable on that date to an office referred to in
item (ix) or such other amount per annum as would, under
any subsequent revision of salary scales, correspond to
the first mentioned initial,
(xi) a member of the Regular Force of the Army, Navy or
Air Force, or
(xii) a police officer or a public officer exercising
police functions;]
(e) if he has any such interest in any such contract made
by or on behalf of the State or a public corporation as
Parliament shall by law prescribe ;
(f) if he is an undischarged bankrupt or insolvent,
having been declared bankrupt or insolvent ;
(g) if during the preceding seven years he has been
adjudged by a competent court or by a Special
Presidential Commission of Inquiry to have accepted a
bribe or gratification offered with a view to influencing
his judgment as a Member of Parliament or as a member of
the legislature prior to the commencement of the
Constitution.
(2) For the purposes of sub-paragraph (g) of paragraph
(1) of this Article, the acceptance by a Member of
Parliament of any allowance or other payment made to him
by any trade union or other organization solely for the
purpose of his maintenance shall be deemed not to be the
acceptance of a bribe or gratification.
Disqualification for election as
President.
92. Every person who is qualified to
be an elector shall be qualified to be elected to the
office of President unless he is subject to any of the
following disqualifications -
(a) if he has not attained the age of thirty years;
(b) if he is not qualified to be elected as a Member of
Parliament under sub-paragraph (d), (e), (f) or (g) of
paragraph (1) of Article 91 ;
(c) if he has been twice elected to the office of
President by the People; and
(d) if he has been removed from the office of President
under the provisions of sub-paragraph (e) of paragraph
(2) of Article 38.
Election to be free, equal and secret.
93. The voting for the election of
the President of the Republic and of the Members of
Parliament and at any Referendum shall be free, equal and
by secret ballot.
Election of the President.
94. (1) At the election of the
President every voter while casting his vote for any
candidate may-
(a) where there are three candidates for election,
specify his second preference ; and
(b) where there are more than three candidates for
election, specify his second and third preferences.
(2) The candidate, if any, who receives more than
one-half of the valid votes cast shall be declared
elected as President
(3) Where no candidate is declared elected under
paragraph (2) of this Article, the candidate or
candidates, other than the candidates who received the
highest and second highest number of such votes, shall be
eliminated from the contest, and -
(a) the second preference of each voter whose vote had
been for a candidate eliminated from the contest, shall,
if it is for one or the other of the remaining two
candidates, be counted as a vote for such candidate and
be added to the votes counted in his favour under
paragraph (2), and
(b) the third preference of each voter referred to in
sub-paragraph (a) whose second preference is not counted
under that sub-paragraph shall, if it is for one or the
other of the remaining two candidates, be counted as a
vote for such candidate and be added to the votes counted
in his favour under sub-paragraph (a) and paragraph
(2),
and the candidate who receives the majority of the votes
so counted shall be declared elected as President.
(4) Where an equality is found to exist between the votes
received by two or more candidates and the addition of
one vote would determine-
(a) which candidate is to be declared elected under this
Article ; or
(b) which candidate is not to be eliminated under this
Article, then the determination of the candidate to whom
such additional vote shall be deemed to have been given
for the purpose of such determination shall be made by
lot.
Delimitation Commission.
95. (1) Within three months of the
commencement of the Constitution, the President shall for
the delimitation of electoral districts, establish a
Delimitation Commission consisting of three persons
appointed by him who he is satisfied are not actively
engaged in politics. The President shall appoint one of
such persons to be the Chairman.
(2) If any member of the Delimitation Commission shall
die or resign or if the President is satisfied that any
such member has become incapable of discharging his
functions as such, the President shall, in accordance
with the provisions of paragraph (1) of this Article,
appoint another person in his place.
Electoral districts.
96. (1) The Delimitation Commission
shall divide Sri Lanka into not less than twenty and not
more than 23[twenty-five] electoral districts, and shall
assign names thereto.
(2) Each Province of Sri Lanka may itself constitute an
electoral district or may be divided into two or more
electoral districts.
(3) Where a Province is divided into a number of
electoral districts the Delimitation Commission shall
have regard to the existing administrative districts so
as to ensure as far as is practicable that each electoral
district shall be an administrative district or a
combination of two or more administrative districts or
two or more electoral districts together constitute an
administrative district.
(4) The electoral districts of each Province shall
together be entitled to return four members,
(independently of the number of members which they are
entitled to return by reference to the number of electors
whose names appear in the registers of electors of such
electoral districts), and the Delimitation Commission
shall apportion such entitlement equitably among such
electoral districts.
(5) In the event of a difference of opinion among the
members of the Delimitation Commission, the opinion of
the majority thereof shall prevail and shall be deemed to
be the decision of the Commission. Where each member of
the Commission is of a different opinion, the opinion of
the Chairman shall be deemed to be the decision of the
Commission. Any dissentient member may state his reasons
for such dissent.
(6) The Chairman of the Delimitation Commission shall
communicate the decisions of the Commission together with
the reasons, if any, stated by a dissentient member to
the President.
24[96A]
Proclamation of names &c. of electoral
districts.
97. The President shall by
Proclamation publish the names and boundaries of the
electoral districts and the number of members, which each
such electoral district is entitled to return by virtue
of the provisions of paragraph (4) of Article 96 in
accordance with the decision of the Delimitation
Commission. The electoral districts specified in the
Proclamation shall come into operation at the next
ensuing General Election of Members of Parliament and
shall thereafter be the electoral districts of Sri Lanka
for all the purposes of the Constitution and of any law
for the time being in force relating to the election of
Members of Parliament.
Number of Members to be returned by the several
electoral districts and their appointment among such
electoral districts.
98. (1) The several electoral districts shall together be
entitled to return one hundred and ninety-six
members.
(2) The apportionment of the number of members that each
electoral district shall be entitled to return shall, in
the case of thirty-six members, be determined in
accordance with the provisions of paragraph (4) of
Article 96.
(3) The apportionment of the number of members that each
electoral district shall be entitled to return out of the
balance number of one hundred and sixty members shall be
determined in accordance with the succeeding provisions
of this Article.
(4) The total number of electors whose names appear in
the registers of electors of all the electoral districts
shall be divided by one hundred and sixty. The whole
number, resulting from such division (any fraction not
being taken into account) is hereinafter referred to as
the "qualifying number".
(5) The total number of electors whose names appear in
the register of electors of each electoral district shall
be divided by the qualifying number and each electoral
district shall be entitled to return such number of
members as is equivalent to the whole number resulting
from the division of the total number of such electors in
that electoral district by the qualifying number and the
balance number of such electors, if any, after such
division shall be dealt with, if necessary, in accordance
with paragraph (6) of this Article.
(6) Where the total number of members to be returned by
all the electoral districts ascertained by reference to
the qualifying number in accordance with paragraph (5) of
this Article is less than one hundred and sixty members,
the apportionment of the entitlement among the electoral
districts of the balance number of members shall be by
reference to the balance number of such electors and in
the case of any electoral district not entitled to return
a single member according to the determination made under
paragraph (5), the total number of electors whose names
appear in the register of electors of such electoral
district, the electoral district having the highest of
such balance number of such electors or such total number
of such electors, being entitled to return one more
member and so on until the total number of member to be
returned number one hundred and sixty.
(7) Where in making an apportionment under paragraph (6)
of this Article an equality is found to exist between two
or more balance number of such electors or two or more
total number of such electors or any combination of them
and the addition of one such elector would entitle one
electoral district to return an additional member, the
determination of the electoral district to which one such
elector shall be deemed to be added shall be determined
by lot.
25[(8) The Commissioner of Elections, as soon
as possible after the certification of the registers of
electors for all the electoral districts, shall, by Order
published in the Gazette, certify the number of members
which each electoral district is entitled to return by
virtue of the Proclamation under Article 97 and this
Article. ]
(9) For the purposes of this Article "the register of
electors" means the register of electors for the time
being in operation on the basis of which an election is
being held.
Proportional
Representation.
[(99) 26(1) At any
election of Members of Parliament, the total number of
members which an electoral district is entitled to return
shall be the number specified by the Commissioner of
Elections in the Order published in accordance with the
provisions of paragraph (8) of Article 98.
(2) Every elector at an election of Members of
Parliament, shall, in addition to his vote, be entitled
to indicate his preferences for not more than three
candidates nominated by the same recognized political
party or independent group.
(3) Any recognized political party, or any group of
persons contesting as independent candidates (hereinafter
referred to as an "independent group") may for the
purpose of any election of Members of Parliament for any
electoral district, submit one nomination paper setting
out the names of such number of candidates as is
equivalent to the number of members to be elected for
that electoral district, increased by three.
(4) Each elector whose name appears in the register of
electors shall be entitled to only one vote
notwithstanding that his name appears in the electoral
register in more than one electoral district.
(5) The recognized political party or independent group
which polls the highest number of votes in any electoral
district shall be entitled to have the candidate
nominated by it, who has secured the highest number of
preferences, declared elected.
(6) (a) Every recognized political party and independent
group polling 27[less than one twentieth of the total
votes] polled at any election in any electoral district
shall be disqualified from having any candidates of such
party or group being elected for that electoral
district.
(b) The votes polled by the disqualified parties and
independent groups, if any, shall be deducted from the
total votes polled at the election in that electoral
district and the number of votes resulting from such
deduction is hereinafter referred to as the "relevant
number of votes."
(7) The relevant number of votes shall be divided by the
number of members to be elected for that electoral
district reduced by one. If the number resulting from
such division is an integer, that integer, or if that
number is an integer and fraction, the integer
immediately higher to that integer and fraction is
hereinafter referred to as the "resulting number."
(8) The number of votes polled by each recognised
political party and independent group (other than those
parties or groups disqualified under paragraph (6) of
this Article) beginning with the party or group which
polled the highest number of votes shall then be divided
by the resulting number and the returning officer shall
declare elected from each such party or group, in
accordance with the preferences secured by each of the
candidates nominated by such party or group (the
candidate securing the highest number of preferences
being declared elected first, the candidate securing the
next number of preferences being declared next and so on)
such number of candidates (excluding the candidate
declared elected under paragraph (5) of this Article) as
is equivalent to the whole number resulting from the
division by the resulting number of the votes polled by
such party or group. The remainder of the votes, if any,
after such division, shall be dealt with if necessary,
under paragraph (9) of this Article.
(9) Where after the declaration of the election of
members as provided in paragraph (8) of this Article
there are one or more members yet to be declared elected,
such member or members shall be declared elected by
reference to the remainder of the votes referred to in
paragraph (8) to the credit of each party or group after
the declaration made under that paragraph and the votes
polled by any party or group not having any of its
candidates declared elected under paragraph (8), the
candidate nominated by the party or group having the
highest of such votes, who has secured the highest or
next highest number of preferences being declared elected
a member and so on until all the members to be elected
are declared elected.
(10)(a) Where the number of votes polled by each
recognised political party or independent group is less
than the resulting number referred to in paragraph (7) of
this Article the party or group which has polled the
highest number of votes shall be entitled to have the
candidate, nominated by that party or group (excluding
the candidate declared elected under paragraph (5) of
this Article) who has secured the highest number of
preferences declared elected and if there are one or more
members yet to be declared elected, the party or group
having the next highest number of votes polled shall be
entitled to have the candidate nominated by that party or
group who has secured the highest number of preferences
declared elected and so on, until all the members to be
elected for that electoral district are declared elected
under the provisions of this paragraph.
(b) After the determination under paragraph (a) if there
are one or more members yet to be declared elected in
respect of that electoral district the provisions of that
paragraph shall, mutatis mutandis, apply to the election
of such members.
(11) Where under paragraph (5) or (9) or (10) of this
Article an equality is found to exist between the votes
polled by two or more recognised political parties or two
or more independent groups or any combination of them and
the addition of a vote would entitle the candidate of one
such party or group to be elected, the determination of
the party or group to which such additional vote shall be
deemed to have been given shall be made by lot.
(12) For the purposes of this Article the number of votes
polled shall be deemed to be the number of votes counted
other than rejected votes.
(13) (a) Where a Member of Parliament ceases, by
resignation, expulsion or otherwise, to be a member of a
recognized political party or independent group on whose
nomination paper (hereinafter referred to as the
"relevant nomination paper") his name appeared at the
time of his becoming such Member of Parliament, his seat
shall become vacant upon the expiration of a period of
one month from the date of his ceasing to be such member
:
Provided that in the case of the expulsion of a Member of
Parliament his seat shall not become vacant if prior to
the expiration of the said period of one month he applies
to the Supreme Court by petition in writing, and the
Supreme Court upon such application determines that such
expulsion was invalid. Such petition shall be inquired
into by three Judges of the Supreme Court who shall make
their determination within two months of the filing of
such petition. Where the Supreme Court determines that
the expulsion was valid the vacancy shall occur from the
date of such determination.
(b) Where the seat of a Member of Parliament becomes
vacant as provided in Article 66 (other than paragraph
(g) of that Article) or by virtue of the preceding
provisions of this paragraph the candidate from the
relevant recognized political party or independent group
who has secured the next highest number of preferences
shall be declared elected to fill such vacancy.
28[(14) * * * * ]
Election of Members of Parliament on the basis of the
total number of votes polled at a General
Election.
29[99A. After the one hundred and ninety six
members referred to in Article 98 have been declared
elected at a General Election of Members of Parliament,
the Commissioner of Elections shall forthwith apportion
the balance twenty nine seats among the recognized
political parties and independent groups contesting such
General Election in the same proportion as the proportion
which the number of votes polled by each such party or
group at such General Election bears to the total number
of votes polled at such General Election and for the
purposes of such apportionment, the provisions of
paragraphs (4), (5), (6) and (7) of Article 98 shall,
mutatis mutandis, apply.
Every recognised political party or independent group
contesting a General Election shall submit to the
Commissioner of Elections within the nomination period
specified for such election a list of persons qualified
to be elected as Members of Parliament, from which it may
nominate persons to fill the seats, if any, which such
party or group will be entitled to, on such
apportionment. The Commissioner of Elections shall cause
every list submitted to him under this Article to be
published forthwith in the Gazette and in one Sinhala,
Tamil and English newspaper upon the expiry of the
nomination period.
Where a recognized political party or independent group
is entitled to a seat under the apportionment referred to
above, the Commissioner of Elections shall by a notice,
require the Secretary of such recognized political party
or group leader of such independent group to nominate
within one week of such notice, persons qualified to be
elected as Members of Parliament (being persons whose
names are included in the list submitted to the
Commissioner of Elections under this Article or in any
nomination paper submitted in respect of any electoral
district by such party or group at that election) to fill
such seats and shall declare elected as Members of
Parliament, the persons so nominated.
30[The Commissioner of Elections shall before
issuing the aforesaid notice determine whether the number
of members belonging to any community, ethnic or
otherwise, elected to Parliament under Article 98 is
commensurate with the national population ratio and
request the Secretary of such recognized political party
or group leader of such independent group in so
nominating persons to be elected as Members of Parliament
to ensure as far as practicable, that the representation
of all communities is commensurate with its national
population ratio.
For the purposes of this Article the number of votes
polled at a General Election shall be deemed to be the
number of votes actually counted and shall not include
any votes rejected as void.]
Penalty for sitting and voting in Parliament when
disqualified.
100. Any person who -
(a) having been elected a Member of Parliament but not
having been at the time of such election qualified to be
so elected, shall sit or vote in Parliament ; or
(b) shall sit or vote in Parliament after his seat
therein has become vacant or he has become disqualified
from sitting or voting therein,
knowing or having reasonable grounds for knowing that he
was so disqualified or that his seat has become vacant,
as the case may be, shall be liable to a penalty of five
hundred rupees for every day upon which he so sits or
votes to be recovered as a debt due to the Republic by an
action instituted by the Attorney-General in the District
Court of Colombo.
Parliament may make provision in respect of
elections.
101. (1) The Parliament may by law make provision for
-
(a) the registration of electors;
(b) the prescribing of a qualifying date on which a
person should be resident in any electoral district to be
entered in the register of electors of that electoral
district;
(c) the prescribing of a qualifying date on which a
person should have attained the age of eighteen years to
qualify for the purposes of registration as an
elector;
(d) the preparation and revision of registers of
electors;
(e) the procedure for the election of Members of
Parliament;
(f) the creation of offences relating to such elections
and the punishment therefor;
(g) the grounds for avoiding such elections, and where an
election has been held void the manner of holding fresh
elections;
(h) the form and manner in which vacancies shall be
filled when all the candidates whose names appearing in
the nomination paper of a recognized political party or
independent group have been exhausted 31[by election or
otherwise or where a recognized political party or
independent group has been proscribed under Article 157A
; and ]
(i) the manner of determination of disputed elections and
such other matters as are necessary or incidental to the
election of Members of Parliament:
Provided that no such law shall add to the
disqualifications specified in Articles 89 and 91.
(2) Until Parliament by law makes provision for such
matters, the Ceylon (Parliamentary Elections) Order in
Council, 1946 as amended from time to time, shall,
subject to the provisions of the Constitution, mutatis
mutandis, apply.
Public officer or an officer of a public corporation
not to function during period of election.
102. When a public officer or an officer of a public
corporation is a candidate at any election, be shall be
deemed to be on leave from the date on which he stands
nominated as a candidate until the conclusion of the
election. Such a public officer or an officer of a public
corporation shall not during such period exercise,
perform or discharge any of the powers, duties or
functions of his office.
Commissioner of Elections.
103. (1) There shall be a Commissioner of Elections who
shall be appointed by the President and who shall hold
office during good behaviour.
(2) The salary of the Commissioner of Elections shall be
determined by Parliament, shall be charged on the
Consolidated Fund and shall not be diminished during his
term of office.
(3) The office of the Commissioner of Elections shall
become vacant -
(a) upon his death
(b) on his resignation in writing addressed to the
President;
(c) on his attaining the age of sixty years ;
(d) on his removal by the President on account of ill
health or physical or mental infirmity ; or
(e) on his removal by the President upon an address of
Parliament.
(4) Whenever the Commissioner of Elections is unable to
discharge the functions of his office, the President may
appoint a person to act in the place of the Commissioner
of Elections.
(5) The President may in exceptional circumstances permit
a Commissioner of Elections who has reached the age of
sixty years to continue in office for a period not
exceeding twelve months.
Powers, duties and functions of Commissioner of
Elections
104. The Commissioner of Elections shall exercise,
perform or discharge all such powers, duties or functions
as may be conferred or imposed on or vested in him by the
law for the time being in force relating to elections to
the office of President of the Republic and of Members of
Parliament, and to Referenda, or by any other written
law.
Chapter XV - The
Judiciary
Establishment of Courts,
&c.
105. (1) Subject to the provisions of the Constitution,
the institutions for the administration of justice which
protect, vindicate and enforce the rights of the People
shall be -
(a) the Supreme Court of the Republic of Sri Lanka,
(b) the Court of Appeal of the Republic of Sri Lanka,
(c) the High Court of the Republic of Sri Lanka and such
other Courts of First Instance, tribunals or such
institutions as Parliament may from time to time ordain
and establish.
(2) All courts, tribunals and institutions created and
established by existing written law for the
administration of justice and for the adjudication and
settlement of industrial and other disputes, other than
the Supreme Court, shall be deemed to be courts,
tribunals and institutions created and established by
Parliament. Parliament may replace or abolish, or, amend
the powers, duties, jurisdiction and procedure of, such
courts, tribunals and institutions.
(3) The Supreme Court of the Republic of Sri Lanka and
the Court of Appeal of the Republic of Sri Lanka shall
each be a superior court of record and shall have all the
powers of such court including the power to punish for
contempt of itself, whether committed in the court itself
or elsewhere, with imprisonment or fine or both as the
court may deem fit. The power of the Court of Appeal
shall include the power to punish for contempt of any
other court, tribunal or institution referred to in
paragraph (1) (c) of this Article, whether committed in
the presence of such court or elsewhere:
Provided that the preceding provisions of this Article
shall not prejudice or affect the rights now or hereafter
vested by any law in such other court, tribunal or
institution to punish for contempt of itself.
(4) Parliament may by law provide for the creation and
establishment of courts, tribunals or institutions for
the adjudication and settlement of matters relating to
the discipline of bhikkus or any dispute between bhikkus
or any other dispute relating to the performance of
services, in, or in relation to, temples. Such law may,
notwithstanding anything to the contrary in this Chapter
or Chapter XVI, make provision -
(a) for the appointment, transfer, dismissal and
disciplinary control of the member or members of such
courts, tribunals or institutions by the President or by
such other person or body of persons as may be provided
for in such law ;
(b) for the exclusion of the jurisdiction of any other
institution referred to in paragraph (1) of this Article
in relation to such matters and disputes.
In this paragraph the expressions "bhikku" and "temple"
shall have the same meanings as in the Buddhist
Temporalities Ordinance, as at the commencement of the
Constitution.
Public sittings.
106. (1) The sittings of every court, tribunal or other
institution established under the Constitution or
ordained and established by Parliament shall subject to
the provisions of the Constitution be held in public, and
all persons shall be entitled freely to attend such
sittings.
(2) A judge or presiding officer of any such court,
tribunal or other institution may, in his discretion,
whenever he considers it desirable -
(a) in proceedings relating to family relations,
(b) in proceedings relating to sexual matters,
(c) in the interests of national security or public
safety, or
(d) in the interests of order and security within the
precincts of such court, tribunal or other
institution.
exclude therefrom such persons as are not directly
interested in the proceedings therein.
Independence of the Judiciary
Appointment and removal of Judges of the Supreme Court
and Court of Appeal.
107. (1) The Chief Justice, the President of the Court of
Appeal and every other Judge, of the Supreme Court and
Court of Appeal shall be appointed by the President of
the Republic by warrant under his hand.
(2) Every such Judge shall hold office during good
behaviour, and shall not be removed except by an order of
the President made after an address of Parliament
supported by a majority of the total number of Members of
Parliament (including those not present) has been
presented to the President for such removal on the ground
of proved misbehaviour or incapacity :
Provided that 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.
(3) 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 a
such resolution, the investigation and proof of the
alleged misbehaviour or incapacity and the right of such
Judge to appear and to be heard in person or by
representative.
(4) Every person appointed to be or to act as Chief
Justice, President of the Court of Appeal or a Judge of
the Supreme Court or Court of Appeal shall not enter upon
the duties of his office until he takes and subscribes or
makes and subscribes before the President, the oath or
the affirmation set out in the Fourth Schedule.
(5) The age of retirement of Judges of the Supreme Court
shall be sixty-five years and of Judges of the Court of
Appeal shall be sixty-three years.
The salaries of the Judges of the Supreme Court and
Court of Appeal.
108. (1) The salaries of the Judges of the Supreme Court
and of the Court of Appeal shall be determined by
Parliament and shall be charged on the Consolidated
Fund.
(2) The salary payable to, and the Pension entitlement
of, a Judge of the Supreme Court and a Judge of the Court
of Appeal shall not be reduced after his appointment.
Acting Appointments.
109. (1) If the Chief Justice or the President of the
Court of Appeal is temporarily unable to exercise,
perform and discharge the powers, duties and functions of
his office, by reason of illness, absence from Sri Lanka
or any other cause, the President shall appoint another
Judge of the Supreme Court, or of the Court of Appeal, as
the case may be, to act in the office of Chief Justice,
or President of the Court of Appeal, respectively, during
such period.
(2) If any Judge of the Supreme Court or of the Court of
Appeal is temporarily unable to exercise, perform and
discharge the powers, duties and functions of his office,
by reason of illness, absence from Sri Lanka or any other
cause, the President may appoint another person to act as
a Judge of the Supreme Court or Court of Appeal, as the
case may be, during such period.
Performance or discharge of other duties or functions
by judges.
110. (1) A Judge of the Supreme Court or Court of Appeal
may be required by the President of the Republic to
perform or discharge any other appropriate duties or
functions under any written law.
(2) No Judge of the Supreme Court or Court of Appeal
shall perform any other office (whethr paid or not) or
accept any place of profit or emolument, except as
authorized by the Constitution or by written law or with
the written consent of the President.
(3) No person who has held office as a permanent Judge of
the Supreme Court or of the Court of Appeal may appear,
plead, act or practise in any court, tribunal or
institution as an attorney-at-law at any time without the
written consent of the President.
Appointment, removal and disciplinary control of
Judges of the High Court.
32111. [(1) There shall be a High Court of Sri
Lanka, which shall exercise such jurisdiction and powers
as Parliament may by law vest or ordain. ]
(2) The Judges of the High Court shall be appointed by
the President of the Republic by warrant under his hand
and be removable and be subject to disciplinary control
by the President on the recommendation of the Judicial
Service Commission established under this Chapter.
(3) Subject to the provisions of paragraph (2) of this
Article, Parliament may by law provide for matters
relating to the retirement of the Judge of such High
Court.
Commissioners of the High Court.
33[111A. (1) Where the Minister in charge of
the subject of Justice represents to the President that
it is expedient that the number of the Judges exercising
the jurisdiction and powers of the High Court in any
judicial zone should be temporarily increased the
President may, by warrant, appoint one or more
Commissioners of the High Court to exercise the
jurisdiction and powers of the High Court within such
judicial zone as is specified in the warrant of
appointment of such Commissioner of the High Court.
(2) Every Commissioner of the High Court appointed under
paragraph (1) shall hold office for the period specified
in his warrant of appointment and shall be removable, and
be subject to disciplinary control, by the President, on
the recommendation of the Judicial Service
Commission.
(3) Every Commissioner of the High Court appointed under
paragraph (1) may, during his tenure of office, exercise,
according to law, such jurisdiction and powers as is, or
are, vested or ordained in the High Court by Parliament,
and shall be invested with all the rights, powers,
privileges and immunities (except such rights and
privileges as relate to tenure of office) of a Judge of
the High Court, and for this purpose, a reference to a
"Judge of the High Court" in the Constitution or other
written law shall, unless the context otherwise requires,
be deemed to include a reference to a "Commissioner of
the High Court" ]
The Judicial Service Commission.
112. (1) There shall be a Judicial Service Commission (in
this Chapter referred to as the "Commission") which shall
consist of the Chief Justice who shall be the Chairman,
and two Judges of the Supreme Court appointed by the
President of the Republic.
(2) The quorum for any meeting of the Commission shall be
two members.
(3) The Commission shall have power to act
notwithstanding any vacancy in its membership, and no act
or proceeding by the Commission shall be, or be deemed to
be, invalid by reason only of any such vacancy or any
defect in the appointment of a member.
(4) 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 five years from the date of his
appointment, but shall be eligible for reappointment.
(5) The President may for cause assigned remove from
office any member of the Commission appointed by him.
(6) The President may grant to any member of the
Commission leave from his duties, and may appoint a
person qualified to be a member of the Commission to be a
temporary member for the period of such leave.
(7) A member of the Commission may be paid such salary or
allowance as may be determined by Parliament. Any salary
or allowance payable to a member shall be charged on the
Consolidated Fund and shall not be diminished during his
term of office. The salary so payable shall be in
addition to the salary or other emoluments attached to,
and received from his substantive appointment.
(8) The Judicial Service Commission may make-
(a) rules regarding schemes for recruitment and procedure
for 34[the appointment of judicial officers,
and scheduled public officers,] and,
(b) provision for such matters as are necessary or
expedient for the exercise, performance and discharge of
the powers, duties and functions of such Commission.
Secretary to the Commission.
113. (1) There shall be a Secretary to the Commission who
shall be appointed by the President in consultation with
the Cabinet of Ministers.
(2) No person holding the office of Secretary of the
Commission shall be a judge of any Court of First
Instance, either during or after his tenure of office as
Secretary.
Fiscal for the whole island.
35[113A. There shall be a Fiscal who shall be
the Fiscal for the whole Island, and shall exercise
supervision and control over Deputy Fiscals attached to
all Courts of First Instance. ]
Appointment of other judicial officers.
114. (1) The appointment, transfer, dismissal and
disciplinary control of judicial officers, and
(notwithstanding, anything to the contrary in Chapter IX)
of scheduled public officers, is vested in the
Commission.
(2) It shall be competent to the Judicial Service
Commission by Order published in the Gazette, to delegate
its powers under paragraph (1) of this Article in respect
of such class or category of judicial officers or
scheduled public officers as may be specified, to a
Committee of not less than three Judges, each of whom
shall be a Judge of the Supreme Court or of the Court of
Appeal, and one of whom shall be nominated by the Chief
Justice as Chairman.
(3) Any judicial officer or scheduled public officer may
resign his office by writing under his hand addressed to
the Chairman of the Commission.
(4) The Commission may, by Order published in the
Gazette, delegate to the Secretary to the Commission
36[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.
(5) The Chairman of the Judicial Service Commission or
any Judge of the Supreme Court authorized by the Chairman
of the Commission shall have full power and authority to
inspect any Court of First Instance or the records,
registers or other documents maintained in such court and
to hold such inquiry as may be necessary.
(6) In this Article -
"appointment" includes an acting or temporary
appointment;
"judicial officer" does not include a Judge of the
Supreme Court or of the Court of Appeal or of the High
Court;
"scheduled public officer" means the Registrar of the
Supreme Court, 37[the Registrar of the Court
of Appeal, the Fiscal, the Registrar of any Court of
First Instance] or any public officer employed in the
Registry of the Supreme Court, the Court of Appeal or any
Court of First Instance, included in a category specified
in the Fifth Schedule or in 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.
Interference with Judicial Service Commission an
offence.
115. Every person who, otherwise than in the course of
his duty, directly or indirectly, by himself or by any
other person, in any manner whatsoever, influences or
attempts to influence any decision of the Commission or
of any member thereof, shall be guilty of an offence and
shall, on conviction by the High Court after trial
without a jury, be liable to a fine not exceeding one
thousand rupees or to imprisonment for a term not
exceeding one year or to both such fine and such
imprisonment :
Provided that nothing in this Article shall prohibit any
person from giving a certificate or testimonial to any
applicant or candidate for any judicial office.
Interference with judiciary an offence.
116. (1) Every judge, presiding officer, public officer
or other person entrusted by law with judicial powers or
functions or with functions under this Chapter or with
similar functions under any law enacted by Parliament
shall exercise and perform such powers and functions
without being subject to any direction or other
interference proceeding from any other person except a
superior court, tribunal, institution or other person
entitled under law to direct or supervise such judge,
presiding officer, public officer or such other person in
the exercise or performance of such powers or
functions.
(2) Every person who, without legal authority, interferes
or attempts to interfere with the exercise or performance
of the judicial powers or functions of any judge,
presiding officer, public officer or such other person as
is referred to in paragraph (1) of this Article, shall be
guilty of an offence punishable by the High Court on
conviction after trial without a jury with imprisonment
of either description for a term which may extend to a
period of one year or with fine or with both such
imprisonment and fine and may, in addition, be
disqualified for a period not exceeding seven years from
the date of such conviction from being an elector and
from voting at a Referendum or at any election of the
President of the Republic or at any election of a Member
of Parliament or any local authority or from holding any
public office and from being employed as a public
officer.
Immunity of members of the Commission.
117. No suit or proceeding shall lie against any member
of the Commission for any act which in good faith is done
or is purported to be done by him in the performance of
his duties or discharge of his functions under the
Constitution.
Chapter XVI - The Superior
Courts
The Supreme Court
General jurisdiction of Supreme Court.
118. The Supreme Court of the Republic of Sri Lanka shall
be the highest and final superior Court of record in the
Republic and shall subject to the provisions of the
Constitution exercise -
(a) jurisdiction in respect of constitutional
matters;
(b) jurisdiction for the protection of fundamental
rights;
(c) final appellate jurisdiction;
(d) consultative jurisdiction;
(e) jurisdiction in election petitions;
(f) jurisdiction in respect of any breach of the
privileges of Parliament; and
(g) jurisdiction in respect of such other matters which
Parliament may by law vest or ordain.
Constitution of Supreme Court.
119. (1) The Supreme Court shall consist of the Chief
Justice and of not less than six and not more than ten
other Judges who shall be appointed as provided in
Article 107.
(2) The Supreme Court shall have power to act
notwithstanding any vacancy in its membership, and no act
or proceeding of the Court shall be, or shall be deemed
to be, invalid by reason only of any such vacancy or any
defect in the appointment of a Judge.
Constitutional jurisdiction of the Supreme
Court.
120. The Supreme Court shall have sole and exclusive
jurisdiction to determine any question as to whether any
Bill or any provision thereof is inconsistent with the
Constitution:
Provided that-
(a) in the case of a Bill described in its long title as
being for the amendment of any provision of the
Constitution, or for the repeal and replacement of the
Constitution, the only question which the Supreme Court
may determine is whether such Bill requires approval by
the People at a Referendum by virtue of the provisions of
Article 83;
(b) where the Cabinet of Ministers certifies that a Bill
which is described in its long title as being for the
amendment of any provisions of the Constitution, or for
the repeal and replacement of the Constitution, intended
to be passed with the special majority required by
Article 83 and submitted to the People by Referendum, the
Supreme Court shall have and exercise no jurisdiction in
respect of such Bill ;
(c) where the Cabinet of Ministers certifies that any
provision of any Bill which is not described in its long
title as being for the amendment of any provision of the
Constitution, or for the repeal and replacement of the
Constitution is intended to be passed with the special
majority required by Article 84, the only question which
the Supreme Court may determine is whether such Bill
requires approval by the People at a Referendum by virtue
of the provisions of Article 83 or whether such Bill is
required to comply with paragraphs (1) and (2) Of Article
82; or
(d) where the Cabinet of Ministers certifies that any
provision of any Bill which is not described in its long
title as being for the amendment of any provision of the
Constitution or for the repeal and replacement of the
Constitution is intended to be passed with the special
majority required by Article 84, the only question which
the Supreme Court may determine is whether any other
provision of such Bill requires to be passed with the
special majority required by Article 84 or whether any
provision of such Bill requires the approval by the
People at a Referendum by virtue of the provisions of
Article 83 or whether such Bill is required to comply
with the provisions of paragraphs (1) and (2) of Article
82.
Ordinary exercise of constitutional jurisdiction in
respect of Bills.
121. (1) The jurisdiction of the Supreme Court to
ordinarily determine any such question as aforesaid may
be invoked by the President by a written reference
addressed to the Chief Justice, or by any citizen by a
petition in writing addressed to the Supreme Court. Such
reference shall be made, or such petition shall be filed,
within one week of the Bill being placed on the Order
Paper of the Parliament, and a copy thereof shall at the
same time be delivered to the Speaker. In this paragraph
"citizen " includes a body, whether incorporated or
unincorporated, if not less than three-fourths of the
members of such body are citizens.
(2) Where the jurisdiction of the Supreme Court has been
so invoked no proceedings shall be had in Parliament in
relation to such Bill until the determination of the
Supreme Court has been made, or the expiration of a
period of three weeks from the date of such reference or
petition, whichever occurs first.
(3) The Supreme Court shall make and communicate its
determination to the President and to the Speaker within
three weeks of the making of the reference or the filing
of the petition, as the case may be.
Special exercise of constitutional jurisdiction in
respect of urgent Bills.
122. (1) In the case of a Bill which is, in the view
of the Cabinet of Ministers, urgent in the national
interest, and bears an endorsement to that effect under
the hand of the Secretary to the Cabinet -
(a) the provisions of Article 78 (1) and of Article 121,
shall subject to the provisions of paragraph (2) of this
Article, have no application;
(b) the President shall by a written reference addressed
to the Chief Justice, require the special determination
of the Supreme Court as to whether the Bill or any
provision thereof is inconsistent with the Constitution.
A copy of such reference shall at the same time be
delivered to the Speaker;
(c) the Supreme Court shall make its determination within
twenty-four hours (or such longer period not exceeding
three days as the President may specify) of the
assembling of the Court, and shall communicate its
determination only to the President and the Speaker.
(2) The provisions of paragraph (2) of Article 121 shall,
mutatis mutandis, apply to such Bill.
Determination of Supreme Court in respect of
Bills.
123. (1) The determination of the Supreme Court shall
be accompanied by the reasons therefor, and shall state
whether the Bill or any provision thereof is inconsistent
with the Constitution and if so, which provision or
provisions of the Constitution.
(2) Where the Supreme Court determined that the Bill or
any provision thereof is inconsistent with the
Constitution, it shall also state-
(a) whether such Bill is required to comply with the
Provisions Of paragraphs (1) and (2) of Article 82;
or
(b) whether such Bill or any provision thereof may only
be passed by the special majority required under the
provisions of paragraph (2) of Article 84; or
(c) whether such Bill or any provision thereof requires
to be passed by the special majority required under the
provisions of paragraph (2) of Article 84 and approved by
the People at a Referendum by virtue of the provisions of
Article 83,
and may specify the nature of the amendments which would
make the Bill or such provision cease to be
inconsistent.
(3) In the case of a Bill endorsed as provided in Article
122, if the Supreme Court entertains a doubt whether the
Bill or any provision thereof is inconsistent with the
Constitution, it shall be deemed to have been determined
that the Bill or such provision of the Bill is
inconsistent with the Constitution, and the Supreme Court
shall comply with the provisions of paragraphs (1) and
(2) of this Article.
(4) Where any Bill, or the provision of any Bill, has
been determined, or is deemed to have been determined to
be inconsistent with the Constitution, such Bill or such
provision shall not be passed except in the manner stated
in the determination of the Supreme Court:
Provided that it shall be lawful for such Bill to be
passed after, such amendment as would make the Bill cease
to be inconsistent with the Constitution.
Validity of Bills and legislative process not to be
questioned.
124. Save as otherwise provided in Articles 120, 121
and 122, no court or tribunal created and established for
the administration of justice, or other institution,
person or body of persons shall in relation to any Bill,
have power or jurisdiction to inquire into, or pronounce
upon, the constitutionality of such Bill or its due
compliance with the legislative process, on any ground
whatsoever.
Constitutional jurisdiction in the interpretation
of the Constitution.
125. (1) The Supreme Court shall have sole and
exclusive jurisdiction to hear and determine any question
relating to the interpretation of the Constitution, and
accordingly, whenever any such question arises in the
course of any proceeding in any other court or tribunal
or other institution empowered by law to administer
justice or to exercise judicial or quasi-judicial
functions, such question shall forthwith be referred to
the Supreme Court for determination. The Supreme Court
may direct that further proceedings be stayed pending the
determination of such question.
(2) The Supreme Court shall determine such question
within two months of the date of reference and make any
such consequential order as the circumstances of the case
may require.
Fundamental rights jurisdiction and its
exercise.
126. (1) The Supreme Court shall have sole and
exclusive jurisdiction to hear and determine any question
relating to the infringement or imminent infringement by
executive or administrative action of any fundamental
right or language right declared and recognized by
Chapter III or Chapter IV.
(2) Where any person alleges that any such fundamental
right or language right relating to such person has been
infringed or is about to be infringed by executive or
administrative action, he may himself or by an
attorney-at-law on his behalf, within one month thereof,
in accordance with such rules of court as may be in
force, apply to the Supreme Court by way of petition in
writing addressed to such Court praying for relief or
redress in respect of such infringement. Such application
may be proceeded with only with leave to proceed first
had and obtained from the Supreme Court, which leave may
be granted or refused, as the case may be, by not less
than two Judges.
(3) Where in the course of hearing in the Court of Appeal
into an application for orders in the nature of a writ of
habeas corpus, certiorari, prohibition, procedendo,
mandamus or quo warranto, it appears to such Court that
there is prima facie evidence of an infringement or
imminent infringement of the provisions of Chapter III or
Chapter IV by a party to such application, such Court
shall forthwith refer such matter for determination by
the Supreme Court.
(4) The Supreme Court shall have power to grant such
relief or make such directions as it may deem just and
equitable in the circumstance in respect of any petition
or reference referred to in paragraphs (2) and (3) of
this Article or refer the matter back to the Court of
Appeal if in its opinion there is no infringement of a
fundament right or language right.
(5) The Supreme Court shall hear and finally dispose of
any petition or reference under this Article within two
months of the filing of such petition or the making of
such reference.
Appellate Jurisdiction.
127. (1) The Supreme Court shall, subject to the
Constitution, be the final Court of civil and criminal
appellate jurisdiction for and within the Republic of Sri
Lanka for the correction of all errors in fact or in law
which shall be committed by the Court of Appeal or any
Court of First Instance, tribunal or other institution
and the judgments and orders of the Supreme Court shall
in all cases be final and conclusive in all such
matters.
(2) The Supreme Court shall, in the exercise of its
jurisdiction, have sole and exclusive cognizance by way
of appeal from any order, judgment, decree, or sentence
made by the Court of Appeal, where any appeal lies in law
to the Supreme Court and it may affirm, reverse or vary
any such order, judgment, decree or sentence of the Court
of Appeal and may issue such directions to any Court of
First Instance or order a new trial or further hearing in
any proceedings as the justice of the case may require,
and may also call for and admit fresh or additional
evidence if the interests of justice so demands and may
in such event, direct that such evidence be recorded by
the Court of Appeal or any Court of First Instance.
Right of appeal.
128. (1) An appeal shall lie to the Supreme Court from
any final order, Judgment, decree or sentence of the
Court of Appeal in any matter or proceedings, whether
civil or criminal, which involves a substantial question
of law, if the Court of Appeal grants leave to appeal to
the Supreme Court ex mero motu or, at the instance of any
aggrieved party to such matter or proceedings;
(2) The Supreme Court may, in its discretion, grant
special leave to appeal to the Supreme Court from any
final or interlocutory order, judgment, decree, or
sentence made by the Court of Appeal in any matter or
proceedings, whether civil or criminal, where the Court
of Appeal has refused to grant leave to appeal to the
Supreme Court, or where in the opinion of the Supreme
Court, the case or matter is fit for, review by the
Supreme Court :
Provided that the Supreme Court shall grant leave to
appeal in every matter or proceedings in which it is
satisfied that the question to be decided is of public or
general importance.
(3) Any appeal from an order or judgment of the Court of
Appeal, made or given in the exercise of its Jurisdiction
under Article 139, 140, 141, 142 or 143 to which the
President, a Minister, a Deputy Minister or a public
officer in his official capacity is a party, shall be
heard and determined within two months of the date of
filing thereof.
(4) An appeal shall lie directly to the Supreme Court on
any matter and in the manner specifically provided for by
any other law passed by Parliament.
Consultative jurisdiction.
129. (1) If at any time it appears to the President of
the Republic that a question of law or fact has arisen or
is likely to arise which is of such nature and of such
public importance that it is expedient to obtain the
opinion of the Supreme Court upon it, he may refer that
question to that Court for consideration and the Court
may, after such hearing as it thinks fit, within the
period specified in such reference or within such time as
may be extended by the President, report to the President
its opinion thereon.
(2) Where the Speaker refers to the Supreme Court for
inquiry and report all or any of the allegation or
allegations, as the case may be, contained in any such
resolution as is referred in Article 38 (2) (a), the
Supreme Court shall in accordance with Article 38 (2) (d)
inquire into such allegation or allegations and shall
report its determination to the Speaker within two months
of the date of reference.
(3) Such opinion, determination and report shall be
expressed after consideration by at least five Judges of
the Supreme Court, of whom, unless he otherwise directs,
the Chief Justice shall be one.
(4) Every proceeding under paragraph (1) of this Article
shall be held in private unless the Court for special
reasons otherwise directs.
Jurisdiction in 38[election and referendum
petitions.]
130. The Supreme Court shall have the power to hear
and determine and make such orders as provided for by law
on -
(a) any legal proceeding relating to
39[election of the President or the validity
of a referendum].
(b) any appeal from an order or judgment of the Court of
Appeal in an election petition case :
Provided that the hearing and determination of a
proceeding relating to the 40[ election of the
President or the validity of a referendum shall be] by at
least five Judges of the Supreme Court of whom, unless he
otherwise directs, the Chief Justice shall be one.
Jurisdiction in respect of the breaches of
Parliamentary privileges.
131. The Supreme Court shall have according to law the
power to take cognizance of and punish any person for the
breach of the privileges of Parliament.
Sitting of the Supreme Court.
132. (1) The several jurisdictions of the Supreme
Court shall be ordinarily exercised at Colombo unless the
Chief Justice otherwise directs.
(2) The jurisdiction of the Supreme Court may be
exercised in different matters at the same time by the
several Judges of that Court sitting apart :
Provided that its jurisdiction shall, subject to the
provisions of the Constitution, be ordinarily exercised
at all times by not less than three Judges of the Court
sitting together as the Supreme Court.
(3) The Chief Justice may-
(i) of his own motion ; or
(ii) at the request of two or more Judges hearing any
matter; or
(iii) on the application of a party to any appeal,
proceeding or matter if the question involved is in the
opinion of the Chief Justice one of general and public
importance,
direct that such appeal, proceeding or matter be heard by
a Bench comprising five or more Judges of the Supreme
Court.
(4) The judgment of the Supreme Court shall, when it is
not an unanimous decision, be the decision of the
majority.
Appointment of ad hoc Judges.
133. (1) If at any time there should not be a quorum of
the Judges of the Supreme Court available to hold or
continue any sittings of the Court, the Chief Justice may
with the previous consent of the President request in
writing the attendance at the sittings of the Court as an
ad hoc Judge, for such period as may be necessary, of the
President of the Court of Appeal or any Judge of the
Court of Appeal.
(2) It shall be the duty of such a Judge who had been so
requested, in priority to other duties of his office, to
attend the sittings of the Supreme Court at the time and
for the period for which his attendance is required, and
while so attending he shall have all the jurisdictions,
powers and privileges, and shall perform the duties, of a
Judge of the Supreme Court.
Right to be heard by the Supreme Court.
134. (1) The Attorney-General shall be noticed and have
the right to be heard in all proceedings in the Supreme
Court in the exercise of its jurisdiction under Articles
120, 121, 122, 125, 126, 129 (1) and 131.
(2) Any party to any proceedings in the Supreme Court in
the exercise of its jurisdiction shall have the right to
be heard in such proceedings either in person or by
representation by an attorney-at-law.
(3) The Supreme Court may in its discretion grant to any
other person or his legal representative such hearing as
may appear to the Court to be necessary in the exercise
of its jurisdiction under this Chapter.
Registry of the Supreme Court and office of
Registrar.
135. The Registry of the Supreme Court shall be in
charge of an officer designated the Registrar of the
Supreme Court who shall be subject to the supervision,
direction and control of the Chief Justice.
Rules of the Supreme Court.
136. (1) Subject to the provisions of the
Constitution and of any law the Chief Justice with any
three Judges of the Supreme Court nominated by him, may,
from time to time, make rules regulating generally the
practice and procedure of the Court including -
(a) rules as to the procedure for hearing appeals and
other matters pertaining to appeals including the terms
under which appeals to the Supreme Court and the Court of
Appeal are to be entertained and provision for the
dismissal of such appeals for non-compliance with such
rules ;
(b) rules as to the proceedings in the Supreme Court and
Court of Appeal in the exercise of the several
jurisdictions conferred on such Courts by the
Constitution or by any law, including the time within
which such matters may be instituted or brought before
such Courts and the dismissal of such matters for
non-compliance with such rules ;
(c) rules as to the granting of bail ;
(d) rules as to the stay of proceedings ;
(e) rules providing for the summary determination of any
appeal or any other matter before such Court by petition
or otherwise, which appears to the Court to be frivolous
and vexatious or brought for the purpose of delay ;
(f) the preparation of copies of records for the purpose
of appeal or other proceedings in the Supreme Court and
Court of Appeal ;
(g) the admission, enrolment, suspension and removal of
attorneys-at-law 41[ * * * ] and the rules of
conduct and etiquette for such attorneys-at-law ;
(h) the attire of Judges, attorneys-at-law, officers of
court and persons attending the courts in Sri Lanka
whether established by the Constitution, or by Parliament
or by existing law ;
(i) the manner in which panels of jurors may be prepared,
and the mode of summoning, empanelling and challenging of
jurors ;
(j) proceedings of Fiscals and other ministerial officers
of such courts and the process of such courts and the
mode of executing the same ;
(k) the binding effect of the decisions of the Supreme
Court ;
(l) all matters of practice and procedure including the
nature and extent of costs that may be awarded, the
manner in which such costs may be taxed and the stamping
of documents in the Supreme Court, Court of Appeal, High
Court and Courts of First Instance not specially provided
by or under any law.
(2) Every rule made under this Article shall be published
in the Gazette and shall come into operation on the date
of such publication or on such later date as may be
specified in such rule.
(3) All rules made under this Article shall as soon as
convenient after their publication in the Gazette be
brought before Parliament for approval. Any such rule
which is not so approved shall be deemed to be rescinded
as from the date it was not so approved, but without
prejudice to anything previously done thereunder.
(4) The Chief Justice and any three Judges of the Supreme
Court nominated by him may amend, alter or revoke any
such rules of court and such amendment, alteration or
revocation of the rules will operate in the like manner
as set out in the preceding paragraph with reference to
the making of the rules of court.
The Court of Appeal
The Court of Appeal.
137. The Court of Appeal shall consist of the President
of the Court of Appeal and not less than six and not more
than eleven other Judges who shall be appointed as
provided in Article 107.
Jurisdiction of the Court of Appeal.
138. (1) The Court of Appeal shall have and exercise
subject to the provisions of the Constitution or of any
law, an appellate jurisdiction for the correction of all
errors in fact or in law which shall be
42[committed by the High Court, in the
exercise of its appellate or original jurisdiction or by
any Court of First Instance], tribunal or other
institution and sole and exclusive cognizance, by way of
appeal, revision and restitutio in integrum, of all
causes, suits, actions, prosecutions, matters and things
43[of which such High Court, Court of First
Instance] tribunal or other institution may have taken
cognizance :
Provided that no judgment, decree or order of any court
shall be reversed or varied on account of any error,
defect or irregularity, which has not prejudiced the
substantial rights of the parties or occasioned a failure
of justice.
(2) The Court of Appeal shall also have and exercise all
such powers, and jurisdiction, appellate and original, as
Parliament may by law vest or ordain.
Powers in appeal.
139. (1) The Court of Appeal may in the exercise of its
jurisdiction, affirm, reverse, correct or modify any
order, judgment, decreee or sentence according to law or
it may give directions to such Court of First Instance,
tribunal or other institution or order a new trial or
further hearing upon such terms as the Court of Appeal
shall think fit.
(2) The Court of Appeal may further receive and admit new
evidence additional to, or supplementary of, the evidence
already taken in the Court of First Instance touching the
matters at issue in any original case, suit, prosecution
or action, as the justice of the case may require.
Power to issue writs, other than writs of habeas
corpus.
140. Subject to the provisions of the
Constitution, the Court of Appeal shall have full power
and authority to inspect and examine the records of any
Court of First Instance or tribunal or other institution,
and grant and issue, according to law, orders in the
nature of writs of certiorari, prohibition, procedendo,
mandamus and quo warranto against the judge of any Court
of First Instance or tribunal or other institution or any
other person :
44[Provided that Parliament may by law provide
that in any such category of cases as may be specified in
such law, the jurisdiction conferred on the Court of
Appeal by the preceding provisions of this Article shall
be exercised by the Supreme Court and not by the Court of
Appeal.]
Power to issue writs of habeas corpus.
141. The Court of Appeal may grant and issue orders in
the nature of writs of habeas corpus to bring up before
such Court -
(a) the body of any person to be dealt with according to
law ; or
(b) the body of any person illegally or improperly
detained in public or private custody,
and to discharge or remand any person so brought up or
otherwise deal with such person according to law :
Provided that it shall be lawful for the Court of Appeal
to require the body of such person to be brought up
before the most convenient Court of First Instance and to
direct the judge of such court to inquire into and report
upon the acts of the alleged imprisonment or detention
and to make such provision for the interim custody of the
body produced as to such court shall seem right; and the
Court of Appeal shall upon the receipt of such report,
make order to discharge or remand the person so alleged
to be imprisoned or detained or otherwise deal with such
person according to law, and the Court of First Instance
shall conform to, and carry into immediate effect, the
order so pronounced or made by the Court of Appeal:
Provided further that if provision be made by law for the
exercise by any court, of jurisdiction in respect of the
custody and control of minor children, then the Court of
Appeal, if satisfied that any dispute regarding the
custody of any such minor child may more properly be
dealt with by such court, direct the parties to make
application in that court in respect of the custody of
such minor child.
Power to bring up and remove prisoners.
142. The Court of Appeal may direct -
(i) that a prisoner detained in any prison be brought
before a court-martial of any Commissioners acting under
the authority of any Commission from the President of the
Republic for trial or to be examined relating to any
matters pending before any such court-martial or
Commissioners respectively ; or
(ii) that a prisoner detained in prison be removed from
one custody to another for purposes of trial.
Power to grant injunctions.
143. The Court of Appeal shall have the power to grant
and issue injunctions to prevent any irremediable
mischief which might ensure before a party making an
application for such injunction could prevent the same by
bringing an action in any Court of First Instance :
Provided that it shall not be lawful for the Court of
Appeal to grant an injunction to prevent a party to any
action in any court from appealing to or prosecuting an
appeal to the Court of Appeal or to prevent any party to
any action in any court from insisting upon any ground of
action, defence or appeal, or to prevent any person from
suing or prosecuting in any court, except where such
person has instituted two separate actions in two
different courts for and in respect of the same cause of
action, in which case the Court of Appeal shall have the
power to intervene by restraining him from prosecuting
one or other of such actions as to it may seem fit.
Parliamentary election petitions.
144. The Court of Appeal shall have and exercise
jurisdiction to try election petitions in respect of the
election to the membership of Parliament in terms of any
law for the time being applicable in that behalf.
Inspection of records.
145. The Court of Appeal may, ex mero motu or on any
application made, call for, inspect and examine any
record of any Court of First Instance and in the exercise
of its revisionary powers may make any order thereon as
the interests of justice may require.
Sittings of the Court of Appeal.
146. (1) The Court of Appeal shall ordinarily exercise
its jurisdiction at Colombo:
Provided however that the Chief Justice may from time to
time when he deems it so expedient direct that the Court
of Appeal shall hold its sittings and exercise its
jurisdiction in any judicial zone or district, specified
in the direction.
45[(2) The jurisdiction of the Court of Appeal
may be exercised in different matters at the same time by
the several judges of the Court sitting apart :
Provided that -
(i) its jurisdiction in respect of -
(a) judgments and orders of the High Court pronounced at
a trial at Bar, shall be exercised by at least three
Judges of the Court ; and
(b) other judgments and orders of the High Court, shall
be exercised by at least two Judges of the Court ;
(ii) its jurisdiction in respect of its powers under
Article 144 shall be exercised by the President of the
Court of Appeal or any judge of that Court nominated by
the President or one or more of such Judges nominated by
the President of whom such President may be one ;
(iii) its jurisdiction in respect of other matters, shall
be exercised by a single Judge of the Court, unless the
President of the Court of Appeal by general or special
order otherwise directs].
(3) In the event of any difference of opinion between two
Judges constituting the Bench, the decision of the Court
shall be suspended until three Judges shall be present to
review such matter.
(4) The judgment of the Court of Appeal, shall when it is
not an unanimous decision, be the decision of the
majority.
Registry of the Court of Appeal and office of
Registrar.
147. The Registry of the Court of Appeal shall be in
charge of an Officer designated as the Registrar of the
Court of Appeal who shall be subject to the supervision,
direction and control of the President of the Court of
Appeal.
Chapter XVII -
Finance
Control of Parliament over public finance
148. Parliament shall have full control over public
finance. No tax, rate or any other levy shall be imposed
by any local authority or any other public authority,
except by or under the authority of a law passed by
Parliament or of any existing law.
Consolidated Fund.
149. (1) The funds of the Republic not allocated by
law to specific purposes shall form one Consolidated Fund
into which shall be paid the produce of all taxes,
imposts, rates and duties and all other revenues and
receipts of the Republic not allocated to specific
purposes.
(2) The interest on the public debt, sinking fund
payments, the costs, charges and expenses incidental to
the collection, management and receipt of the
Consolidated Fund and such other expenditure as
Parliament may determine shall be charged on the
Consolidated Fund.
Withdrawals of sums from Consolidated Fund.
150. (1) Save as otherwise expressly provided in
paragraphs (3) and (4) of this Article, no sum shall be
withdrawn from the Consolidated Fund except under the
authority of a warrant under the hand of the Minister in
charge of the subject of Finance.
(2) No such warrant shall be issued unless the sum has by
resolution of Parliament or by any law been granted for
specified public services for the financial year during
which the withdrawal is to take place or is otherwise
lawfully, charged on the Consolidated Fund.
(3) Where the President dissolves Parliament before the
Appropriation Bill for the financial year has passed into
law, he may, unless Parliament shall have already made
provision, authorize the issue from the Consolidated Fund
and the expenditure of such sums as he may consider
necessary for the public services until the expiry of a
period of three months from the date on which the new
Parliament is summoned to meet.
(4) Where the President dissolves Parliament and fixes a
date or dates for a General Election the President may,
unless Parliament has already made provision in that
behalf, authorize the issue from the Consolidated Fund
and the expenditure of such sums as he may, after
consultation with the Commissioner of Elections, consider
necessary for such elections.
Contingencies Fund.
151. (1) Notwithstanding any of the provisions of
Article 149, Parliament may by law create a Contingencies
Fund for the purpose of providing for urgent and
unforeseen expenditure.
(2) The Minister in charge of the subject of Finance, if
satisfied -
(a) that there is need for any such expenditure, and
(b) that no provision for such expenditure exists,
may, with the consent of the President, authorize
provision to be made therefor by an advance from the
Contingencies Fund.
(3) As soon as possible after every such advance, a
Supplementary Estimate shall be presented to Parliament
for the purpose of replacing the amount so advanced.
Special Provisions as to Bills affecting public
revenue.
152. No Bill or motion, authorizing the disposal of,
or the imposition of charges upon, the Consolidated Fund
or other funds of the Republic, or the imposition of any
tax or the repeal, augmentation or reduction of any tax
for the time being in force shall be introduced in
Parliament except by a Minister, and unless such Bill or
motion has been approved either by the Cabinet of
Ministers or in such manner as the Cabinet of Ministers
may authorize.
Auditor General.
153. (1) There shall be an Auditor-General who shall
be appointed by the President and who shall hold office
during good behaviour.
(2) The salary of the Auditor-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 office of the Auditor-General shall become
vacant-
(a) upon his death ;
(b) on his resignation in writing addressed to the
President ;
(c) on his attaining the age of sixty years ;
(d) on his removal by the President on account of ill
health or physical or mental infirmity ; or
(e) on his removal by the President upon an address of
Parliament.
(4) Whenever the Auditor-General is unable to discharge
the functions of his office, the President may appoint a
person to act in the place of the Auditor-General.
Duties and functions of Auditor-General.
154. (1) The Auditor-General shall audit the accounts
of all departments of Government, the Offices of the
Cabinet of Ministers, the Judicial Service Commission,
the Public Service Commission, the Parliamentary
Commissioner for Administration, the Secretary-General of
Parliament and the Commissioner of Elections, local
authorities, public corporations and business or other
undertakings vested in the Government under any written
law.
(2) Notwithstanding the provisions of paragraph (1) of
this Article, the Minister in charge of any such public
corporation or business or other undertaking may, with
the concurrence of the Minister in charge of the subject
of Finance, and in consultation with the Auditor-General,
appoint a qualified auditor or auditors to audit the
accounts of such public corporation or business or other
undertaking. Where such appointment has been made by the
Minister, the Auditor-General may, in writing, inform
such auditor or auditors that he proposes to utilize his
or their services for the performance and discharge of
the Auditor-General's duties and functions in relation to
such public corporation, business or other undertaking
and thereupon such auditor or auditors shall act under
the direction and control of the Auditor-General.
(3) The Auditor-General shall also perform and discharge
such duties and functions as may be prescribed by
Parliament by law.
(4) (a) The Auditor-General may for the purpose of the
performance and discharge of his duties and functions
engage the services of a qualified auditor or auditors
who shall act under his direction and control.
(b) If the Auditor-General is of opinion that it is
necessary to obtain assistance in the examination of any
technical, professional or scientific problem relevant to
the audit, he may engage the services of -
(i) a person not being an employee of the department,
body or authority the accounts of which are being
audited, or
(ii) any technical or professional or scientific
institution not being an institution which has any
interest in the management of the affairs of such
department, body or authority.
and such person or institution shall act under his
direction and control.
(5) (a) The Auditor-General or any person authorized by
him shall in the performance and discharge of his duties
and functions be entitled -
(i) to have access to all books, records, returns and
other documents
(ii) to have access to stores and other property ;
and
(iii) to be furnished with such information and
explanations as may be necessary for the performance of
such duties and functions.
(b) Every qualified auditor appointed to audit the
accounts of any public corporation, or business or other
undertaking, or any person authorized by such auditor
shall be entitled to like access, information and
explanations in relation to such public corporation, or
business or other undertaking.
(6) The Auditor-General shall within ten months after the
close of each financial year and as and when he deems it
necessary report to Parliament on the performance and,
discharge of his duties and functions under the
Constitution.
(7) Every qualified auditor appointed under the
provisions of paragraph (2) of this Article shall submit
his report to the Minister and also submit a copy thereof
to the Auditor-General.
(8) In this Article, "qualified auditor" means -
(a) an individual who, being a member of the Institute of
Chartered Accountants of Sri Lanka, or of any other
Institute established by law, possesses a certificate to
practise as an Accountant issued by the Council of such
Institute ; or
(b) a firm of Accountants each of the resident partners
of which, being a member of the Institute of Chartered
Accountants of Sri Lanka or of any other Institute
established by law, possesses a certificate to practise
as an Accountant issued by the Council of such
Institute.
46[Chapter
XVIIA]
Establishment of Provincial Councils.
154A. (1) Subject to the provisions of the Constitution,
a Provincial Council shall be established for every
Province specified in the Eighth Schedule with effect
from such date or dates as the President may appoint by
Order published in the Gazette. Different dates may be
appointed in respect of different Provinces.
(2) Every Provincial Council established under paragraph
(1) shall be constituted upon the election of the members
of such Council in accordance with the law relating to
Provincial Council elections.
(3) Notwithstanding anything in the preceding provisions
of this Article, Parliament may by, or under, any law
provide for two or three adjoining Provinces to form one
administrative unit with one elected Provincial Council,
one Governor, one Chief Minister and one Board of
Ministers and for the manner of determining whether such
Provinces should continue to be administered as one
administrative unit or whether each such Province should
constitute a separate administrative unit with its own
Provincial Council, and a separate Governor, Chief
Minister and Board of Ministers.
Governor.
154B. (1) There shall be a Governor for each Province for
which a Provincial Council has been established in
accordance with Article 154A.
(2) The Governor shall be appointed by the President by
warrant under his hand, and shall hold office, in
accordance with Article 4(b), during the pleasure of the
President.
(3) The Governor may, by writing addressed to the
President, resign his office.
(4) (a) The Provincial Council may, subject to
sub-paragraph (b) present an address to the President
advising the removal of the Governor on the ground that
the Governor-
(i) has intentionally violated the provisions of the
Constitution;
(ii) is guilty of misconduct or corruption involving the
abuse of the powers of his office; or
(iii) is guilty of bribery of an offence involving moral
turpitude,
if a resolution for the presentation of such address is
passed by not less than two-thirds of the whole number of
members of the Council (including those not present).
(b) No resolution for the presentation of an address to
the President advising the removal of the Governor on the
grounds referred to in sub-paragraph (a) shall be
entertained by the Chairman of the Provincial Council or
discussed at the Council, unless notice of such
resolution is signed by not less than one-half of the
whole number of members present.
(5) Subject to the preceding provisions of this Article,
the Governor shall hold office for a period of five years
from the date he assumes office.
(6) Every person appointed as Governor shall assume
office upon taking or subscribing, the oath or making or
subscribing the affirmation, set out in the Fourth
Schedule, before the President.
(7) Upon such assumption of office a Governor shall cease
to hold any other office created or recognized by the
Constitution, and if he is a Member of Parliament, shall
vacate his seat in Parliament. The Governor shall not
hold any other office or place of profit.
(8) (a) The Governor may, from time to time, summon the
Provincial Council to meet at such time and place as he
thinks fit, but two months shall not intervene between
the last sitting in one session and the date appointed
for the first sitting in the next session.
(b) The Governor may, from time to time, prorogue the
Provincial Council.
(c) The Governor may dissolve the Provincial Council.
(d) The Governor shall exercise his powers under this
paragraph in accordance with the advice of the Chief
Minister, so long as the Board of Ministers commands, in
the opinion of the Governor, the support of the majority
of the Provincial Council.
(9) Without prejudice to the powers of the President
under Article 34 and subject to his directions the
Governor of a Province shall have the power to grant a
pardon to every person convicted of an offense against a
statute made by the Provincial Council of that Province
or a law made by Parliament on a matter in respect of
which the Provincial Council has power to make statutes
and to grant a respite or remission of punishment imposed
by Court on any such person:
Provided that where the Governor does not agree with the
advice of the Board of Ministers in any case and he
considers it necessary to do so in the public interest,
he may refer that case to the President for orders.
(10) (a) The Governor may address the Provincial Council
and may for that purpose require the attendance of
members.
(b) The Governor may also send messages to the Council
either with respect to a statute then pending with the
Council or otherwise, and when a message is so sent the
Council shall with all convenient despatch consider any
matter required by the message to be taken into
consideration.
(11) It shall be the duty of the Chief Minister of every
Province -
(a) to communicate to the Governor of the Province all
decisions of the Board of Ministers relating to the
administration of the affairs of the Province and the
proposals for legislation;
(b) to furnish such information relating to the
administration of the affairs of the Province and
proposals for legislation as the Governor may call for;
and
(c) if the Governor so requires, to submit for
consideration of the Board of Ministers any such matter
on which a decision has been taken by a Minister but
which has not been considered by the Board.
(12) Parliament shall by law or resolution make provision
for the salary, allowances, age of retirement and pension
entitlement of holders of the office of Governor.
Exercise of executive powers by the Governor.
154C. Executive power extending to the matters with
respect to which a Provincial Council has power to make
statutes shall be exercised by the Governor of the
Province for which that Provincial Council is
established, either directly or through Ministers of the
Board of Ministers, or through officers subordinate to
him, in accordance with Article 154F.
Membership of Provincial council.
154D. (1) A Provincial Council shall consist of such
number of members as may be determined by or under law,
having regard to the area and population of the Province
for which that Provincial Council is established.
(2) (a) A Provincial Council may at the commencement of
the term of office of its members, decide, by resolution,
to grant Members of Parliament elected for electoral
districts, the limits of which fall within the Province
for which that Provincial Council is established, the
right to participate in proceedings of that Council.
(b) So long as a resolution passed under sub-paragraph
(a) is in force, a Member of Parliament elected for an
electoral district, the limits of which fall within the
Province for which that Provincial Council is
established, shall have the right, during the term of
office of that Council, to speak in, and otherwise take
part in, the proceedings of that Provincial Council and
to speak in, and otherwise take part in, any committee of
the Provincial Council of which he may be named a member
but shall be entitled to vote there at only if the
resolution passed under sub-paragraph (a) so
provides.
(c) The provisions of this paragraph shall cease to
operate on the date of dissolution of the First
Parliament.
Term of Office.
154E. A Provincial Council shall, unless sooner
dissolved, continue for a period of five years from the
date appointed for its first meeting and the expiration
of the said period of five years shall operate as a
dissolution of the Council.
Board of Ministers.
154F. (1) There shall be a Board of Ministers with the
Chief Minister at the head and not more than four other
Ministers to aid and advise the Governor of a Province in
the exercise of his functions. The Governor shall, in the
exercise of his functions, act in accordance with such
advice except in so far as he is by or under the
Constitution required to exercise his functions or any of
them in his discretion.
(2) If any question arises whether any matter is or is
not a matter as respects which the Governor is by or
under this Constitution required to act in his
discretion, the decision of the Governor in his
discretion shall be final, and the validity of anything
done by the Governor shall not be called in question in
any Court on the ground that he ought or ought not have
acted on his discretion. The exercise of the Governor's
discretion shall be on the President's directions.
(3) The question whether any, and if so what, advice was
tendered by the Ministers to the Governor shall not be,
inquired into in any Court.
(4) The Governor shall appoint as Chief Minister, the
member of the Provincial Council constituted for that
Province, who, in his opinion, is best able to command
the support of a majority of the members of that
Council:
Provided that where more than one-half of the members
elected to a Provincial Council are members of one
political party, the Governor shall appoint the leader of
that political party in the Council, as Chief
Minister.
(5) The Governor shall, on the advice of the Chief
Minister, appoint from among the members of the
Provincial Council constituted for that Province, the
other Ministers.
(6) The Board of Ministers shall be collectively
responsible and answerable to the Provincial Council.
(7) A person appointed to the office of Chief Minister or
member of the Board of Ministers 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.
Statutes of Provincial Councils.
154G. (1) Every Provincial Council may, subject to the
provisions of the Constitution, make statutes applicable
to the Province for which it is established, with respect
to any matter set out in List I of the Ninth Schedule
(hereinafter referred to as "the Provincial Council
List")
(2) No Bill for the amendment or repeal of the provisions
of this Chapter or the Ninth Schedule shall become law
unless such Bill has been referred by the President after
its publication in the Gazette and before it is placed on
the Order paper of Parliament, to every Provincial
Council for the expression of its views thereon, within
such period as may be specified in the reference, and
-
(a) where every such Council agrees to the amendment or
repeal, such Bill is passed by a majority of the Members
of Parliament present and voting ;
or
(b) where one or more Councils do not agree to the
amendment or repeal such Bill is passed by the special
majority required by Article 82.
(3) No Bill in respect of any matter set out in the
Provincial Council List shall become law unless such Bill
has been referred by the President , after its
publication in the Gazette and before it is placed in the
Order Paper of Parliament, to every Provincial Council
for the expression of its views thereon, within such
period as may be specified in the reference, and -
(a) where every such Council agrees to the passing of the
Bill, such Bill is passed by a majority of the Members of
Parliament present and voting ; or
(b) where one or more Councils do not agree to the
passing of the Bill, such Bill is passed by the special
majority required by Article 82:
Provided that where such reference, some but not all the
Provincial Councils agree to passing of a Bill, such Bill
shall become law applicable only to the Provinces for
which the Provincial Councils agreeing to the Bill have
been established, upon such Bill being passed by a
majority of the Members of Parliament present and
voting.
(4) Where one or more Provincial Councils request
Parliament by resolution, to make law on any matter set
out in the Provincial Council List, Parliament may make
law on that matter, applicable only to the Provinces for
which those Provincial Councils are established, by a
majority of Members of Parliament present and voting.
(5) (a) Parliament may make laws with respect to any
matter set out in List III of the Ninth Schedule
(hereafter referred to as "the Concurrent List") after
such consultation with all Provincial Councils as
Parliament may consider appropriate in the circumstances
of each case.
(b) Every Provincial Council may, subject to the
provisions of the Constitution, make statutes applicable
to the Province for which it is established, with respect
to any matter on the Concurrent List, after such
consultation with Parliament as it may consider
appropriate in the circumstances of each case.
(6) If any provision of any statute made by a Provincial
Council is inconsistent with the provisions of any law
made in accordance with the preceding provisions of this
Article, the provisions of such law shall prevail and the
provisions of such statute shall, to the extent of such
inconsistency, be void.
(7) A Provincial Council shall have no power to make
statutes on any matter set out in List II of the Ninth
Schedule (hereinafter referred to as "the Reserved
List").
(8) Where there is a law with respect to any matter on
the Provincial Council List in force on the date on which
this Chapter comes into force, and a Provincial Council
established for a Province subsequently makes a statute
on the same matter and which is described in its long
title as being inconsistent with that law, then, the
provisions of that law shall, with effect from the date
on which that statute receives assent and so long only as
that statute is in force remain suspended and be
inoperative within that Province.
(9) Where there is a law with respect to any matter on
the Concurrent List on the date on which this Chapter
comes into force, and a Provincial Council established
for a Province subsequently makes a statute on the same
matter inconsistent with that law, the provisions of the
law shall, unless Parliament, by resolution, decides to
the contrary, remain suspended and be inoperative within
that Province, with effect from the date on which that
statute receives assent and so long only as that statute
is in force.
(10) Nothing in this Article shall be read or construed
as derogating from the powers conferred on Parliament by
the Constitution to make laws, in accordance with the
Provisions of the Constitution (inclusive of this
Chapter), with respect to any matter, for the whole of
Sri Lanka or any part thereof.
(11) Notwithstanding anything in paragraph (3) of this
Article, Parliament may make laws, otherwise than in
accordance with the procedure set out in that paragraph,
in respect of any matter set out in the Provincial
Council List for implementing any treaty, agreement or
convention with any other country or countries or any
decisions made at an international conference,
association, or other body.
Assent.
154H. (1) Every statute made by a Provincial Council
shall come into force upon such statute receiving assent
as hereinafter provided.
(2) Every statute made by a Provincial Council shall be
presented to the Governor for his assent, forthwith upon
the marking thereof, and the Governor shall either assent
to the statute or he may as soon as possible after the
statute is presented to him for assent, return it to the
Provincial Council together with a message requesting the
Council to reconsider the statute or any specified
provision thereof and in particular, requesting it to
consider the desirability of introducing such amendments
as may be recommended in the message.
(3) Where a statute is returned to a Provincial Council
by the Governor under paragraph (2), the Provincial
Council shall reconsider the statute having regard to the
Governor's message and may pass such statute with or
without amendment and present it to the Governor for his
assent.
(4) Upon presentation of a statute to the Governor under
paragraph (3), the Governor may assent to the statute or
reserve it for reference by the President to the Supreme
Court, within one month of the passing of the statute for
the second time, for a determination that it is not
inconsistent with the provisions of the Constitution.
Where upon such reference, the Supreme Court determines
that the statute is consistent with the provisions of the
Constitution, the Governor shall, on receipt by him of
the Court's determination, assent to the statute. Where
upon such reference, the Supreme Court determines that
the statute is inconsistent with the provisions of the
Constitution, the Governor shall withhold assent to the
statute.
Public Security.
154J. (1) Upon the making of a Proclamation under the
Public Security Ordinance or the law for the time being
in force relating to public security, bringing the
provisions of such Ordinance or law into operation on the
ground that the maintenance of essential supplies and
services is threatened or that the security of Sri Lanka
is threatened by war or external aggression or armed
rebellion, the President may give directions to any
Governor as to the manner in which the executive power
exercisable by the Governor is to be exercised. The
direction so given shall be in relation to the grounds
specified in such Proclamation for the making
thereof.
Explanation: A Proclamation under the Public Security
Ordinance declaring that the maintenance of essential
supplies and services is threatened or that the security
of Sri Lanka or any part of the territory thereof is
threatened by war, or by external aggression, or by armed
rebellion may be made before the actual breakdown of
supplies and services, or the actual occurrence of war,
or of any such aggression or rebellion, if the President
is satisfied that there is imminent danger thereof:
Provided that where such Proclamation is in operation
only in any part of Sri Lanka, the power of the President
to give directions under this Article, shall also extend
to any Province other than the Province in which the
Proclamation is in operation if, and in so far as it is
expedient so to do for ensuring the maintenance of
essential supplies and services or the security of Sri
Lanka.
(2) A Proclamation under the Public Security Ordinance or
the law for the time being relating to public security,
shall be conclusive for all purposes and shall not be
questioned in any Court, and no Court or Tribunal shall
inquire into, or pronounce on, or in any manner call in
question, such Proclamation, the grounds for the making
thereof, or the existence of those grounds or any
direction given under this Article.
Failure to comply with directions.
154K. Where the Governor or any Provincial Council has
failed to comply with, or give effect to, any directions
given to such Governor or such Council under this Chapter
of the Constitution, it shall be lawful for the President
to hold that a situation has arisen in which the
administration of the Province cannot be carried on in
accordance with the provisions of the Constitution.
Failure of administrative machinery.
154L. (1) If the President, on receipt of a report from
the Governor of the Province or otherwise, is satisfied
that a situation has arisen in which the administration
of the Province cannot be carried on in accordance with
the provisions of the Constitution, the President may by
Proclamation -
(a) assume to himself all or any of the functions of the
administration of the Province and all or any of the
powers vested in, or exercisable by, the Governor or any
body or authority in the Province other than the
Provincial Council;
(b) declare that the powers of the Provincial Council
shall be exercisable by, or under the authority of
Parliament;
(c) make such incidental and consequential provisions as
appear to the President to be necessary or desirable for
giving effect to the objects of the Proclamation:
Provided that nothing in this paragraph shall authorize
the President to assume to himself any of the powers
vested in, or exercisable, by any Court.
(2) Any such Proclamation may be revoked or varied by a
subsequent Proclamation.
(3) Every Proclamation under this Article shall be laid
before Parliament and shall, except where it is a
Proclamation revoking a previous Proclamation, cease to
operate at the expiration of fourteen days unless before
the expiration of that period it has been approved by a
resolution of Parliament:
Provided that if any such Proclamation (not being a
Proclamation revoking a previous Proclamation) is issued
at a time when Parliament is dissolved or the dissolution
of Parliament takes place during the period of fourteen
days referred to in this paragraph but no resolution with
respect to such Proclamation has been passed by
Parliament before the expiration of that period, the
Proclamation shall cease to operate at the expiration of
fourteen days from the date on which Parliament first
sits after its reconstitution, unless before the
expiration of the said period of fourteen days a
resolution approving the Proclamation has been passed by
Parliament.
(4) A Proclamation so approved shall, unless earlier
revoked, cease to operate on the expiration of a period
of two months from the date of issue of the
Proclamation:
Provided that if and so often as a resolution approving
the continuance in force of such a Proclamation is passed
by Parliament, the Proclamation shall, unless revoked,
continue in force for a further period of two months from
the date on which under this paragraph it would otherwise
have ceased to operate, but no such Proclamation shall in
any case remain in force more than one year:
Provided further that if the dissolution of Parliament
takes place during any such period of two months but no
resolution with respect to the continuance in force of
such Proclamation has been passed by Parliament during
the said period, the Proclamation shall cease to operate
at the expiration of fourteen days from the date on which
Parliament first sits after its reconstitution unless
before the expiration of the said period of fourteen days
a Proclamation approving the continuance in force of the
Proclamation has been passed by Parliament.
(5) Notwithstanding anything in this Article, the
President may within fourteen days of his making a
Proclamation under paragraph (1) and for the purpose of
satisfying himself with regard to any of the matters
referred to in that paragraph, appoint a retired Judge of
the Supreme Court to inquire into and report upon such
matters within a period of sixty days. A Judge so
appointed shall in relation to such inquiry have the
powers of a Commissioner appointed under the Commission
of Inquiry Act. Upon receipt of the report of such Judge,
the President may revoke the Proclamation made under
paragraph (1).
(6) A Proclamation under this Article shall be conclusive
for all purposes and shall not be questioned in any
Court, and no Court or Tribunal shall inquire into, or
pronounce on, or in any manner call in question, such
Proclamation or the grounds for making thereof.
Parliament to confer powers of Provincial Council to
President.
154M. (1) where by a Proclamation issued under paragraph
(1) of Article 154L, it has been declared that the powers
of the Provincial Council shall be exercisable by, or
under the authority, of Parliament, it shall be competent
-
(a) for Parliament to confer on the President the power
of the Provincial Council to make statutes and to
authorize the President to delegate, subject to such
conditions as he may think fit to impose, the power so
conferred, on any other authority specified by him in
that behalf;
(b) for the President to authorize, when Parliament is
not in session, expenditure from the Provincial Fund of
the Province pending sanction of such expenditure by
Parliament.
(2) A statute made by Parliament or the President or
other authority referred to in sub-paragraph (a) of
paragraph (1), during the continuance in force of a
Proclamation issued under paragraph (1) of Article 154L,
shall continue in force until amended or repealed by the
Provincial Council.
Financial instability.
154N. (1) If the President is satisfied that a situation
has arisen whereby the financial stability or credit of
Sri Lanka or of any part of the territory thereof is
threatened, he may by Proclamation make a declaration to
that effect.
(2) A Proclamation issued under paragraph (1) -
(a) may be revoked or varied by a subsequent
Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of two
months, unless before the expiration of that period it
has been approved by a resolution of Parliament:
Provided that if any such Proclamation is issued at a
time when Parliament has been dissolved or the
dissolution of Parliament takes place during the period
of two months referred to in sub-paragraph (c), but no
resolution with respect to such Proclamation has been
passed by Parliament before the expiration of that
period, the Proclamation shall cease to operate at the
expiration of thirty days from the date on which
Parliament first sits after its reconstitution, unless
before the expiration of the said period of thirty days a
resolution approving the Proclamation has been passed by
Parliament.
(3) During the period any such Proclamation as is
mentioned in paragraph (1) is in operation, the President
may give directions to any Governor of a Province to
observe such canons of financial propriety as may be
specified in the directions, and to give such other
directions as the President may deem necessary and
adequate for the purpose.
(4) Notwithstanding anything in the Constitution any such
direction may include-
(a) a provision requiring the reduction of salaries and
allowances of all or any class of persons serving in
connection with the affairs of the Province;
(b) a provision requiring all statutes providing for
payments into or out of, a Provincial Fund to be reserved
for the consideration of the President after they are
passed by the Provincial Council.
High Court.
154P. (1) There shall be a High Court for each Province
with effect from the date on which this Chapter comes
into force. Each such High Court shall be designated as
the High Court of the relevant Province.
(2) The Chief Justice shall nominate, from among Judges
of the High Court of Sri Lanka, such number of Judges as
may be necessary to each such High Court. Every such
Judge shall be transferable by the Chief Justice.
(3) Every such High Court shall-
(a) exercise according to law, the original criminal
jurisdiction of the High Court of Sri Lanka in respect of
offences committed with the Province;
(b) notwithstanding anything in Article 138 and subject
to any law, exercise, appellate and revisionary
jurisdiction in respect of convictions, sentences and
orders entered or imposed by Magistrates Courts and
Primary Courts within the Province;
(c) exercise such other jurisdiction and powers as
Parliament may, by law, provide.
(4) Every such High Court shall have jurisdiction to
issue, according to law -
(a) orders in the nature of habeas corpus, in respect of
persons illegally detained within the Province; and
(b) order in the nature of writs of certiorari,
prohibition, procedendo, mandamus, and quo warranto
against any person exercising, within the Province, any
power under-
(i) any law; or
(ii) any statutes made by the Provincial Council
established for that Province,
in respect of any matter set out in the Provincial
Council List.
(5) the Judicial Service Commission may delegate to such
High Court, the power to inspect and report on, the
administration of any Court of First Instance within the
Province.
(6) Subject to the provisions of the Constitution and any
law, any person aggrieved by a final order, judgment or
sentence of any such Court, in the exercise of its
jurisdiction under paragraphs (3)(b) or (3)(c) or (4),
may appeal therefrom to the Court of Appeal in accordance
with Article 138.
Functions, powers, election &c. of Provincial
Councils.
154Q. Parliament shall by law provide for-
(a) the election of members of Provincial Councils and
the qualifications for membership of such Councils;
(b) the procedure for transaction of business by every
such Council;
(c) the salaries and allowances of members of Provincial
Councils; and
(d) any other matter necessary for the purpose of giving
effect to the principles of provisions of this Chapter,
and for any matters connected with or incidental to, the
provisions of this Chapter.
Finance Commission.
154R. (1) There shall be a Finance Commission consisting
of -
(a) the Governor of the Central Bank of Sri Lanka;
(b) the Secretary to the Treasury; and
(c) three other members to represent the three major
communities each of whom shall be a person who has
distinguished himself, or held high office, in the field
of finance, law, administration, business or
learning.
(2) Every member of the Commission shall, unless he
earlier dies, resigns or is removed from office, hold
office for a period of three years.
(3) The Government shall, on the recommendation of and in
consultation with, the Commission, allocate from the
Annual Budget, such funds as are adequate for the purpose
of meeting the needs of the Provinces.
(4) It shall be the duty of the Commission to make
recommendations to the President as to -
(a) the principles on which such funds are granted
annually by the Government for the use of Provinces,
should be apportioned between various Provinces; and,
(b) any other matter referred to the Commission by the
President relating to Provincial finance.
(5) The Commission shall formulate such principles with
the objective of achieving balanced regional development
in the country, and shall accordingly take into account
-
(a) the population of each Province;
(b) the per capita income of each Province;
(c) the need progressively, to reduce social and economic
disparities; and
(d) the need, progressively, to reduce the difference
between the per capita income of each Province and the
highest per capita income among the Provinces.
(6) The Commission shall determine its own procedure and
shall have such powers in the performance of its duties
as Parliament may, by law, confer on it.
(7) The President shall cause every recommendation made
by the Finance Commission under this Article to be laid
before Parliament, and shall notify Parliament as to the
action taken thereon.
(8) No Court or Tribunal shall inquire into, or pronounce
on, or in any manner entertain, determine or rule upon,
any question relating to the adequacy of such funds, or
any recommendation made, or principle formulated by, the
Commission.
Special provision enabling Provincial Councils not to
exercise powers under this Chapter.
154S. (1) A Provincial Council may, by resolution, decide
not to exercise its powers under Article 154G with
respect to any matter or part thereof set out in the
Provincial Council List or the Concurrent List of the
Ninth Schedule.
(2) Where a resolution has been passed by a Provincial
Council under paragraph (i) and the terms of such
resolution have been accepted by Parliament, by
resolution, the powers of such Provincial Council under
Article 154G shall be deemed not to extend to the matter
specified in such resolution and Parliament may make law,
with respect to that matter, applicable to the Province
for which that Provincial Council is established,
otherwise than in accordance with the provisions of
Article 154G.
Transitional measures.
154T. The President may by order published in the
Gazette, take such action, or give such directions, not
inconsistent with the provisions of the Constitution, as
appears to him to be necessary or expedient, for the
purpose of giving effect to the provisions of this
Chapter, or for the administrative changes necessary
therefore, or for the purpose of removing any
difficulties.
Chapter XVIII - Public
Security
Public Security.
155. (1) The Public Security Ordinance as amended and in
force immediately prior to the commencement of the
Constitution shall be deemed to be a law enacted by
Parliament.
(2) The power to make emergency regulations under the
Public Security Ordinance or the law for the time being
in force relating to public security shall include the
power to make regulations having the legal effect of
over-riding, amending or suspending the operation of the
provisions of any law, except the provisions of the
Constitution.
(3) The provisions of any law relating to public
security, empowering the President to make emergency
regulations which have the legal effect of over-riding,
amending or suspending the operation of the provisions of
any law, shall not come into operation, except upon the
making of a Proclamation under such law, bringing such
provisions into operation.
47[(3a) Nothing in the preceding provisions of
this Constitution shall be deemed to prohibit the making
of emergency regulations, under the Public Security
Ordinance or the law for the time being in force relating
to public security, with respect to any matter set out in
the Ninth Schedule or having the effect of overriding,
amending or suspending the operation of a statute made by
a Provincial Council.]
(4) Upon the making of such a Proclamation, the occasion
thereof shall, subject to the other provisions of this
Article, be forthwith communicated to Parliament and,
accordingly-
(i) if such Proclamation is issued after the dissolution
of Parliament such Proclamation shall operate as a
summoning of Parliament to meet on the tenth day after
such Proclamation, unless the Proclamation; appoints an
earlier date for the meeting which shall not be less than
three days from the date of the Proclamation and the
Parliament so summoned shall be kept in session until the
expiry, or revocation of such or any further Proclamation
or until the conclusion of the General Election whichever
event occurs earlier and shall thereupon stand
dissolved;
(ii) if Parliament is at the date of the making of such
Proclamation, separated by any such adjournment or
prorogation as will not expire within ten days, a
Proclamation shall be issued for the meeting of
Parliament within ten days.
(5) Where the provisions of any law relating to public
security have been brought into operation by the making
of a Proclamation under such law, such Proclamation
shall, subject to the succeeding provisions of this
Article, be in operation for a period of one month from
the date of the making thereof, but without prejudice to
the earlier revocation of such Proclamation or to the
making of a further Proclamation at or before the end of
that period.
(6) Where such provisions as are referred to in paragraph
(3) of this Article, of any law relating to public
security, have been brought into operation by the making
of a Proclamation under such law, such Proclamation shall
expire after a period of fourteen days from the date on
which such provisions shall have come into operation,
unless such Proclamation is approved by a resolution of
Parliament:
Provided that if -
(a) Parliament stands dissolved at the date of the making
of such Proclamation, or
(b) Parliament is at such date separated by any such
adjournment or prorogation as is referred to in
paragraphs (4)(ii) of this Article; or
(c) Parliament does not meet when summoned to meet as
provided in paragraphs (4) (i) and (4) (ii) of this
Article,
then such Proclamation shall expire at the end of ten
days after the date on which Parliament shall next meet
and sit, unless approved by a resolution at such meeting
of Parliament.
(7) Upon the revocation of a Proclamation referred to in
paragraph (6) of this Article within a period of fourteen
days from the date on which the provisions of any law
relating to public security shall have come into
operation or upon the expiry of such a Proclamation in
accordance with the provisions of paragraph (6), no
Proclamation made within thirty days next ensuring shall
come into operation until the making thereof shall have
been approved by a resolution of Parliament.
48[* * * * * * ]
49(8) If Parliament does not approve any
Proclamation bringing such provisions as are referred to
in paragraph (3) of this Article into operation, such
Proclamation shall, immediately upon such disapproval,
cease to be valid and of any force in law but without
prejudice to anything lawfully done thereunder.
(9) If the making of a Proclamation cannot be
communicated to and approved by Parliament by reason of
the fact that parliament does not meet when summoned,
nothing 50[contained in paragraph (6) or (7)
of this Article,] shall affect the validity or operation
of such Proclamation:
Provided that in such event, Parliament shall again be
summoned to meet as early as possible
thereafter.
Chapter XIX - The Parliamentary
Commissioner for Adminstration
Parliamentary Commissioner for
Administration.
156. (1) Parliament shall by law provide for the
establishment of the office of the Parliamentary
Commissioner for Administration (Ombudsman) charged with
the duty of investigating and reporting upon complaints
or allegations of the infringement of fundamental rights
and other injustices by public officers and officers of
public corporations, local authorities and other like
institutions, in accordance with and subject to the
provisions of such law.
(2) The Parliamentary Commissioner for Administration
shall be appointed by the President and shall hold office
during good behaviour.
(3) The salary of the Parliamentary Commissioner for
Administration shall be determined by Parliament and
shall not be diminished during his term of office.
(4) The office of the Parliamentary Commissioner for
Administration shall become vacant-
(a) upon his death ;
(b) on his resignation in writing addressed to the
President ;
(c) on his attaining the age fixed by law ;
(d) on his removal by the President on account of ill
health or physical or mental infirmity ; or
(e) on his removal by the President on an address of
Parliament.
(5) Whenever the Parliamentary Commissioner for
Administration is unable to perform and discharge the
duties and functions of his office, the President shall
appoint a person to act in his place.
Chapter XX - General
International Treaties and Agreements.
157. Where Parliament by resolution passed by not less
than two-thirds of the whole number of Members of
Parliament (including those not present) voting in its
favour, approves as being essential for the development
of the national economy, any Treaty or Agreement between
the Government of Sri Lanka and the Government of any
foreign State for the promotion and protection of the
investments in Sri Lanka of such foreign State, its
nationals, or of corporations, companies and other
associations incorporated or constituted under its laws,
such Treaty or Agreement shall have the force of law in
Sri Lanka and otherwise than in the interests of national
security no written law shall be enacted or made, and no
executive or administrative action shall be taken, in
contravention of the provisions of such Treaty or
Agreement.
Prohibition against violation of territorial integrity
of Sri Lanka.
51[157A. (1) No person shall, directly or
indirectly, in or outside Sri Lanka, support, espouse,
promote, finance, encourage or advocate the establishment
of a separate State within the territory of Sri
Lanka.
(2) No political party or other association or
organization shall have as one of its aims or objects the
establishment of a separate State within the territory of
Sri Lanka.
(3) Any person who acts in contravention of the
provisions of paragraph (1) shall, on conviction by the
Court of Appeal, after trial on indictment and according
to such procedure as may be prescribed by law, -
(a) be subject to civic disability for such period not
exceeding seven years as may be determined by such Court
;
(b) forfeit his movable and immovable property other than
such property as is determined by an order of such Court
as being necessary for the sustenance of such person and
his family ;
(c) not be entitled to civic rights for such period not
exceeding seven years as may be determined by such Court
; and
(d) if he is a Member of Parliament or a person in such
service or holding such office as is referred to in
paragraph (1) of Article 165, cease to be such Member or
to be in such service or to hold such office.
(4) Where any political party or other association or
organization has as one of its aims or objects the
establishment of a separate State within the territory of
Sri Lanka, any person may make an application to the
Supreme Court for a declaration that such political party
or other association or organization has as one of its
aims or objects the establishment of a separate State
within the territory of Sri Lanka. The Secretary or other
officer of such political party or other officer of such
political party or other association or organization
shall be made a respondent to such application.
(5) Where the Supreme Court makes a declaration under
paragraph (4) in relation to any political party or other
association or organization, in pursuance of an
application made to it under that paragraph -
(a) that political party or other association or
Organisation shall be deemed, for all purposes to be
proscribed and any member of such political party or
other association or organization, who is a Member of
Parliament shall be deemed to have vacated his seat in
Parliament with effect from the date of such declaration,
and any nomination paper submitted by such political
party or other association or organization shall be
deemed for all purposes to be invalid ;
(b) any person who holds office or is a member of that
political party or other association or organization,
shall be guilty of an offence and shall, on conviction,
by the Court of Appeal after trial on indictment and
according to such procedure as may be prescribed by law
-
(i) be subject to civic disability for such period not
exceeding seven years as may be determined by such Court
;
(ii) forfeit his movable and immovable property other
than such property as is determined by an order of such
Court as being necessary for the sustenance of such
person and his family ;
(iii) not be entitled to civic rights for such period not
exceeding seven years as may be determined by such Court
;
(iv) if he is a Member of Parliament or a person in such
service or holds such office as is referred to in
paragraph (1) of Article 165, cease to be such Member or
to be in such service or hold such office.
(6) The execution of any punishment imposed under
paragraph (3) or sub-paragraph (b) of paragraph (5) shall
not be stayed or suspended pending the determination of
any appeal against such punishment or the conviction in
consequence of which such punishment was imposed.
(7) Every officer or person who was or is required by,
Article 32 or Article 53, Article 61 or Article 107 or
Article 165 or Article 169 (12), to take and subscribe or
to make and subscribe an oath or affirmation, every
member of, or person in the service, of a local
authority, Development Council Pradeshiya Mandalaya,
Gramodaya Mandalaya or public corporation and every
attorney-at-law shall -
(a) if such officer or person is holding office on the
date of coming into force of this Article, make and,
subscribe, or take and subscribe, an oath or affirmation
in the form set out in the Seventh Schedule, before such
person or body if any, as is referred to in that Article,
within one month of the date on which this Article comes
into force ;
(b) if such person or officer is appointed to such office
after the coming into force of this Article, make and
subscribe or take and subscribe an oath or affirmation,
in the form set out in the Seventh Schedule, before such
person or body, if any, as is referred to in that
Article, within one month of his appointment to such
office.
The provisions of Article 165 and Article 169 (12) shall
mutatis mutandis, apply to, and in relation to, any
person or officer who fails to take and subscribe, or
make and subscribe an oath or affirmation as required by
this paragraph.
(8) (a) Every person who is a Member of Parliament on the
coming into force of this Article shall not be entitled
to sit and vote in Parliament unless he takes and
subscribes or makes and subscribes an oath or affirmation
in the form set out in the Seventh Schedule.
(b) Every person who is elected or nominated as a Member
of Parliament on or after the coming into force of this
Article shall not be entitled to sit and vote in
Parliament unless he takes and subscribes or makes and
subscribes an oath or affirmation in the form set out in
the Seventh Schedule.
(9) No person who has taken and subscribed or made and
subscribed an oath or affirmation in the form set out in
the Seventh Schedule shall, notwithstanding any provision
to the contrary in the Constitution, be required to take
and subscribe or make and subscribe any other oath or
affirmation required to be taken and subscribed or made
and subscribed under the Constitution.
(10) Parliament may, by resolution, determine such other
categories of persons or officers to whom the provisions
of paragraph (7) shall apply and thereupon, the
provisions of such paragraph shall, mutatis mutandis,
apply to, and in relation to, officers or persons of that
category.
(11) The jurisdiction of the Court of Appeal in respect
of its powers under this Article shall be exercised in
the manner provided in sub-paragraph (iv) of the proviso
to paragraph (2) of Article 146 -
(12) In this Article, "civic rights" means -
(a) the right to obtain a passport ;
(b) the right to sit for any public examination ;
(c) the right to own any immovable property ;
(d) the right to engage in any trade or profession which
requires a licence, registration or other authorization,
by or under any written law.]
Delegation.
158. Where any person is empowered under the provisions
of the Constitution to delegate any power, duty or
function to any other person, such person delegating such
power, duty or function may, notwithstanding such
delegation, exercise, perform or discharge such power,
duty or function and may at any time revoke such
delegation.
In this Article, "person" includes any body of persons or
any authority.
Deputy Speaker to act for Speaker.
159. Where the Speaker is unable to discharge the
functions of his office, the powers, duties and functions
conferred or imposed on, or assigned to, the Speaker by
any provision of the Constitution, other than by Articles
31 (4), 37, 38 (2) (b), 39 (2) and 40, may be exercised,
performed or discharged by the Deputy Speaker.
Chapter XXI - Transitional
Provisions
First President.
160. Notwithstanding anything to the contrary in any
other provision of the Constitution, the person holding
the office of President immediately before the
commencement of the Constitution shall be the first
President under the Constitution and shall be deemed for
all purposes to have been elected as the President of the
Republic, and 52[shall, subject, to the
provisions of Article 31, hold office] for a period of
six years from February 4, 1978.
The President shall, notwithstanding the provisions of
Article 32, be deemed to have assumed office immediately
upon the commencement of the Constitution and shall be
entitled thereupon to exercise, perform and discharge all
the powers, duties and functions conferred or imposed on,
or assigned to, the President by the Constitution or
otherwise. The President shall, as soon as possible
thereafter at a sitting of Parliament, take and subscribe
the oath or make and subscribe the affirmation set out in
the Fourth Schedule.
First Parliament
161. Notwithstanding anything to the contrary in any
other provision of the Constitution -
(a) the first Parliament shall consist of one hundred and
sixty-eight members, and subject to the succeeding
provisions of this Article, all persons who immediately
before the commencement of the Constitution were members
of the National State Assembly shall be deemed to have
been elected as Members of Parliament;
(b) (i) if the election, as a Member of the National
State Assembly, of a person deemed to have been elected
to the first Parliament is declared void under the law
for the time being in force and no other person is
determined to have been duly returned or elected, the
seat of such Member shall be vacant, and an election to
the electoral district as existing immediately prior to
the commencement of the Constitution, shall be held in
accordance with the law relating to elections to the
National State Assembly in force immediately before the
commencement of the Constitution and on the basis of the
register of electors applicable to such electoral
district which was operative on the day immediately
preceding the commencement of the Constitution;
(ii) the law applicable to election petitions in relation
to an election held as provided in sub-paragraph (i)
shall be the law in force upon the commencement of the
Constitution and in the event of such an election being
declared void the provisions of sub-paragraph (i) shall,
mutatis mutandis, apply;
(c) if the election as a Member of the National State
Assembly of a person who is deemed to have been elected
to the first Parliament is declared void or undue and any
other person is determined to have been duly returned or
elected such other person shall be deemed to have been
duly elected as a Member of the first Parliament;
(d) (i) where immediately before the commencement of the
Constitution there was a vacancy in the membership of the
National State Assembly or where a vacancy in the
membership of the first Parliament occurs otherwise than
under the provisions of paragraph (b) of this Article,
such vacancy shall be filled in the manner provided in
sub-paragraph (iii) hereof;
53[(ii) Where during the duration of the first
Parliament, a Member ceases, by resignation, expulsion or
otherwise, to be a member of the recognized political
party to which he belonged upon or after the commencement
of the Constitution, the Secretary of such party shall,
within two weeks of the date on which such Member so
ceased to be a member of such party, communicate, in
writing to the Secretary-General of Parliament, the fact
and date thereof. The Secretary-General shall, upon
receipt of such communication, submit it to the
Speaker.
Where a Member ceases to be a member of the recognized
political party to which he belonged by reason of being
expelled from such party, he shall be entitled to apply,
within one month of the date of such expulsion by
petition in writing, to the Supreme Court for a
determination that such expulsion was invalid. In the
event of any such application being made, the Registrar
of the Supreme Court shall forthwith inform the
Secretary-General of Parliament in writing, of such
application. Every such application shall be heard and
determined by not less than three Judges of the Supreme
Court who shall, within two months of the making of such
application, determine whether such expulsion was valid
or not.
The Speaker shall, on receiving in the aforesaid manner,
a communication alleging that a Member has ceased to be a
member of the recognized political party to which such
Member belonged, appoint a Select Committee consisting of
not less than five Members of Parliament (one of whom
shall be nominated as Chairman thereof) to inquire into,
and report to Parliament on, the circumstances in which
such Member is alleged to have resigned from, or to have
been expelled from, or to have otherwise ceased to be a
member of, such party, and the reasons therefor :
Provided, however, that where such communication alleges
that a Member has ceased to be a member of the recognized
political party to which he belonged by reason of his
being expelled therefrom, no Select Committee shall be
appointed as aforesaid until after the expiration of a
period of' one month from the date of such alleged
expulsion, and in any case where such Member has applied
to the Supreme Court for a determination that such
expulsion was invalid, unless and until the Supreme Court
has determined that such expulsion was valid.
The provisions of the Parliament (Powers and Privileges)
Act shall, mutatis mutandis, apply in relation to
proceedings before, and to the privileges, Immunities and
powers of, a Select Committee appointed as aforesaid, and
every such Select Committee shall be deemed, for the
purposes of that Act, to be duly authorized by an order
of Parliament to send for persons, papers and words.
After consideration of the report made by a Select
Committee appointed as aforesaid, Parliament may, by
resolution passed by not less than eighty-five members
voting in its favour, resolve that the Member to whom
such report relates, shall cease to be a Member of
Parliament. The Speaker shall endorse on every resolution
so passed, a certificate in the following form :-
"This resolution has been passed by the majority required
by Article 161 (d) (ii) of the Constitution".
The seat of such Member shall, with effect from the date
of such certificate, become vacant.
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, pronounce upon or
in any manner call in question, the validity of the
resolution on which such certificate is endorsed on any
ground whatsoever.]
(iii) where a vacancy as is referred to in sub- paragraph
(i) or (ii) has occurred, the Secretary-General of
Parliament shall forthwith inform the Commissioner of
Elections of such vacancy. The Commissioner of Elections
shall thereupon require the Secretary of the political
party to which such Member belonged to nominate a member
of such party 54[to fill such vacancy. A
nomination made by the Secretary of such political party
under this sub-paragraph shall be accompanied by an oath
or affirmation, as the case may be, in the form set out
in the Seventh Schedule, taken and subscribed or made and
subscribed, as the case may be, by the person nominated
to fill such vacancy. Upon the receipt of such
nomination, accompanied by such oath or affirmation the
Commissioner] shall declare such person to be the Member
for the electoral district in respect of which the
vacancy occurred :
55[Provided that where the Secretary of such
political party fails to nominate a member of such
political party to fill such vacancy under the preceding
provisions of this sub-paragraph 56[within
thirty days of his being required to do so and in the
aforesaid manner or where the Secretary of a political
party had been required, before the coming into force of
this proviso, to nominate a member of such political
party to fill any such vacancy under such provisions and
such Secretary fails, within thirty days of the coming
into force of this proviso, to nominate a member of such
political party to fill such 57[vacancy, or
where such political party is deemed to be proscribed
under Article 157 (a), then, the Commissioner of Election
shall forthwith so inform the President, who shall,
within thirty days of the receipt by him of such
information, by Notice published in the Gazette order the
Commissioner of Elections] to hold an election for the
electoral district in respect of which such vacancy has
occurred. The Commissioner of Elections shall thereupon
hold an election, in accordance with Part I and Parts IV
to VI (both inclusive) of the Ceylon (Parliamentary
Elections) Order in Council, 1946, for such electoral
district as existed immediately preceding the
Constitution and on the basis of such part of the
register, prepared under the Registration of Electors
Act, No. 44 of 1980, and in operation, as corresponds to
such electoral district. The aforesaid parts of the
Ceylon (Parliamentary Elections) Order in Council, 1946,
shall, for the purposes of such election and
notwithstanding the repeal of such Order in Council, be
deemed to be in force and shall, mutatis mutandis, and
except as otherwise expressly provided in the
Constitution, apply to such election.
The law applicable to election petitions in relation to
such electoral district shall be the aforesaid parts of
such Order in Council as applied aforesaid and in the
event of such election being declared void and no other
person is determined to have been duly returned or
elected, the election to fill such vacancy shall be held
in accordance with the provisions of this proviso.]
58[(iv) Where a Member nominated or elected to
fill any such vacancy as is referred to in sub-paragraph
(i) or sub-paragraph (ii), being a Member who has taken
and subscribed or made and subscribed an oath or
affirmation in the form set out in the Seventh Schedule,
directly or indirectly, in or outside Sri Lanka,
supports, espouses, promotes, finances, encourage or
advocates the establishment of a separate State within
the territory of Sri Lanka, any person may make an
application to the Court of Appeal for a declaration that
such member has directly or indirectly, in or outside Sri
Lanka, supported, espoused, promoted, financed,
encouraged or advocated the establishment of a separate
State within the territory of Sri Lanka.
If the Court of Appeal makes, on such application, a
declaration that such Member has directly or indirectly,
in or outside Sri Lanka, supported, espoused, promoted,
financed, encouraged or advocated the establishment of a
separate State within the territory of Sri Lanka, the
seat of such Member shall be deemed to be vacant with
effect from the date of such declaration and such Member
shall be disqualified from sitting and voting in
Parliament and from being elected or nominated to
Parliament for a period of seven years from the date of
such declaration. The vacancy occurring in the membership
of Parliament by reason of such declaration shall be
filled in the manner provided in paragraph (iii).
The jurisdiction of the Court of Appeal' in respect of
its powers under this sub-paragraph shall be exercised in
the manner provided in sub-paragraph (iv) of the proviso
to paragraph (2) of Article 146.
59[(e) unless sooner dissolved, the First
Parliament shall continue until August 4, 1989 and no
longer, and shall thereupon stand dissolved, and the
provisions of Article 70 (5) (b) shall, mutatis mutandis,
apply.]
Application of certain provisions.
162. (1) The provisions of Article 98, other than
paragraphs (8) and (9) thereof, and Article 99 shall not
come into operation until the General Election held upon
the dissolution of the first Parliament.
(2) If at the time of such dissolution the notification
of electoral districts has not been proclaimed as
required by Article 97, the electoral districts for the
first General Election to be held upon the dissolution of
the first Parliament, and the number of Members which
each such district shall be entitled to return by virtue
of the provisions of paragraph (4) of Article 96, shall
be as set out in the Sixth Schedule and accordingly,
registers of electors shall be prepared and certified for
each such electoral district, and unless Parliament
otherwise provides, such registers shall be prepared on
the basis of the register of electors in force
immediately before the commencement of the
Constitution.
Judges of Supreme Court and High Court to cease to
hold office.
163. All Judges of the Supreme Court and the High
Courts established by the Administration of Justice Law,
No. 44 of 1973, holding office on the day immediately
before the commencement of the Constitution shall, on the
commencement of the Constitution, cease to hold
office.
Continuation in office of Judges, public officers and
others.
164. Subject to the provisions of Article 163 every
person who immediately before the commencement of the
Constitution -
(a) held office in any court or tribunal deemed, by
virtue of the provisions of paragraph (2) of Article 105,
to be a court or tribunal created and established by
Parliament,
(b) was in the service of the Republic, any local
authority or any public corporation,
(c) held office in any local authority or public
corporation, or
(d) held any appointment under any existing written
law,
shall continue in such service or hold such office or
appointment under the same terms and conditions.
Oath or affirmation to be taken or made by public
officers and others.
165. (1) Every public officer, judicial officer and
every other person as is required by the Constitution to
take an oath or make an affirmation on entering upon the
duties of his office, every holder of an office required
under the existing law to take an official oath and every
person in the service of every local authority and of
every public corporation shall take and subscribe the
oath or make and subscribe the affirmation set out in the
Fourth Schedule. Any such public officer, judicial
officer, person or holder of an office failing to take
and subscribe such oath or make and subscribe such
affirmation after the commencement of the Constitution on
or before such date as may be prescribed by the Prime
Minister by Order published in the Gazette shall cease to
be in service or hold office.
(2) The Minister in charge of the subject of Public
Administration may, in his sole discretion, permit any
public officer, judicial officer, person or holder of an
office referred to in paragraph (1) of this Article, to
take the oath or make the affirmation referred to in that
paragraph after the prescribed date if he is satisfied
that the failure to take the oath or make the affirmation
within the time prescribed was occasioned by illness or
some other unavoidable cause. On his taking such oath or
making such affirmation, he shall continue in service or
hold office as if he had taken such oath or made such
affirmation within the time prescribed under paragraph
(1) of this Article.
(3) The President may by Proclamation-
(a) exclude the application of the provisions of
paragraph (1) of this Article to any category of public
officers,
(b) prescribe the persons or categories of persons who
may administer such oath or affirmation in addition to
the persons who are empowered under the existing law to
administer oaths or affirmations.
Powers, privileges, immunities and rights of the
Republic.
166. Unless Parliament otherwise provides, the
Republic of Sri Lanka shall continue to possess and
exercise all powers, privileges, immunities and rights
whatsoever possessed, exercised or exercisable
immediately prior to the commencement of the
Constitution.
Rights, duties and obligations of the
Republic.
167. All rights and all duties or obligations, however
arising, of the Government of Sri Lanka and subsisting
immediately prior to the commencement of the Constitution
shall be rights, duties and obligations of the Government
of the Republic of Sri Lanka under the Constitution.
Past operation of laws, previous acts, offences, and
pending actions, &c.
168. (1) Unless Parliament otherwise provides, all
laws, written laws and unwritten laws, in force
immediately before the commencement of the Constitution,
shall, mutatis mutandis, and except as otherwise
expressly provided in the Constitution, continue in
force.
(2) Save as otherwise provided in the Constitution,
existing laws, written laws and unwritten laws are not
and shall not in any manner be deemed to be provisions of
the Constitution.
(3) Wherever the Constitution provides that any law,
written law or unwritten law or any provision of the
Constitution shall continue in force until or unless
Parliament otherwise provides, any law enacted by
Parliament so providing may be passed by a majority of
the Members present and voting.
(4) Whenever the Constitution provides that any provision
of any existing written law shall continue in force until
or unless Parliament otherwise provides and the existing
written law referred to consists of subordinate
legislation, the provision that such existing written law
shall continue in force until or unless Parliament
otherwise provides shall not in any manner be deemed to
derogate from the power of the person or body on whom the
power to make and when made, to amend, vary, rescind or
revoke such subordinate legislation is conferred, to
exercise the power so conferred until or unless
Parliament otherwise provides.
(5) Unless the Constitution otherwise provides, the past
operation of any law in force prior to the commencement
of the Constitution or anything duly done or suffered or
any offence committed or any right, liberty, obligation
or penalty acquired or incurred under any law in force
prior to the commencement of the Constitution shall not
in any manner be affected or be deemed to be affected by
the Constitution coming into force.
(6) All actions, prosecutions, proceedings, matters or
things, including proceedings of Commissions appointed or
established by or under any existing written law, pending
or uncompleted on the commencement of the Constitution
shall, subject to the provisions of the Constitution and,
mutatis mutandis, be deemed to continue and may be
carried on and completed after the commencement of the
Constitution.
Provisions relating to judiciary.
169. Unless Parliament otherwise provides -
(1) any provisions of the Administration of Justice Law,
No. 44 of 1973, which are inconsistent with the
provisions of the Constitution, shall, to the extent of
such inconsistency, be deemed to be repealed ;
(2) the Supreme Court established by the Administration
of Justice Law, No. 44 of 1973, shall, on the
commencement of the Constitution, cease to exist, and
accordingly the provisions of that Law relating to the
establishment of the said Supreme Court, shall be deemed
to have been repealed. Unless otherwise provided in the
Constitution, every reference in any existing written law
to the Supreme Court shall be deemed to be a reference to
the Court of Appeal;
(3) all appellate proceedings including proceedings by
way of revision, case stated and restitutio in integrum
pending in the Supreme Court established under the
Administration of Justice Law, No. 44 of 1973, on the day
preceding the commencement of the Constitution, shall
stand removed to the Court of Appeal and the Court of
Appeal shall have jurisdiction to take cognizance of and
to hear and determine the same ; and the judgments and
orders of the Supreme Court aforesaid delivered or made
before the commencement of the Constitution in appellate
proceedings shall have the same force and effect as if
they had been delivered or made by the Court of Appeal
;
(4) all original proceedings by way of applications for
the issue of high prerogative Writs and applications for
any other relief pending in the Supreme Court as well as
all applications for injunctions pending in the High
Court established under the Administration of Justice
Law, No. 44 of 1973, on the date immediately preceding
the commencement of the Constitution shall stand removed
to the Court of Appeal and such Court shall have
jurisdiction to take cognizance of, hear and determine or
to continue and complete the same, and the judgments and
orders of the Supreme Court established under the
Administration of Justice Law, No. 44 of 1973, delivered
or made before the commencement of the Constitution in
original proceedings shall have the same force and effect
as if they had been delivered or made by the Court of
Appeal:
Provided that any proceedings in relation to any alleged
breach of privileges of Parliament pending in the Supreme
Court shall stand removed to the Supreme Court created
and established by the Constitution ;
(5) no appeal shall lie from any judgment, order or
decree of the Supreme Court established under the
Administration of Justice Law, No, 44 of 1973, to the
Supreme Court created and established under the
Constitution but such judgment, order or decree, as the
case may be, shall be final as between the parties to the
action, application or other proceeding in which such
judgment, order or decree was made:
Provided that it shall be competent for the Court of
Appeal and all officers of such Court to take all such
steps as may be necessary, including the entering of
decrees if not already entered and taxation and recovery
of costs so as to ensure that such judgments, orders and
decrees are completely and effectively complied with, as
if they had been delivered or made by the Court of Appeal
created and established by the Constitution ;
(6) the several High Courts established under Chapter I
of the Administration of Justice Law, No. 44 of 1973,
shall be deemed for all purposes to constitute a single
court created and established by Parliament called the
High Court of the Republic of Sri Lanka having
jurisdiction throughout the Republic of Sri Lanka to be
exercised in the several Zones in accordance with the law
for the time being in force. Accordingly, subject to the
provisions of the Constitution, and of any existing
written law, all provisions relating to High Courts
contained in such Law shall, mutatis mutandis, apply to
the High Court of the Republic of Sri Lanka ;
(7) all criminal and admiralty cases, proceedings or
matters, other than applications for injunctions, pending
in the High Courts established under the Administration
of Justice Law, No. 44 of 1973, on the day preceding the
commencement of the Constitution shall stand removed to
the said High Court of the Republic of Sri Lanka and such
Court shall have jurisdiction to take cognizance of, hear
and determine or to continue and complete the same, and
the judgments and orders of the aforesaid High Courts
delivered or made before the commencement of the
Constitution shall have the same force and effect as if
they had been delivered or made by the High Court of the
Republic of Sri Lanka ;
(8) the President of the Court of Appeal shall from time
to time as he may deem expedient nominate the Judges of
the High Court of the Republic of Sri Lanka to exercise
the jurisdiction of the High Court in such zones as he
may determine and the Provisions of Chapter II of the
Administration of Justice Law, No. 44 of 1973, shall,
mutatis mutandis, apply to the hearing and disposal of
all proceedings pending in or hereafter instituted in the
High Court ;
(9) all indictments filed hereafter in the High Court of
the Republic of Sri Lanka shall be in the name of the
Republic of Sri Lanka and shall be signed by the
Attorney-General or any person authorized under section
189 of the Administration of Justice Law, No. 44 of 1973
;
(10) all election petition proceedings relating to the
election of any person to the membership of the National
State Assembly pending in the High Courts established
under the Administration of Justice Law, No. 44 of 1973,
on the day preceding the commencement of the Constitution
shall stand removed to the Court of Appeal and the Court
of Appeal shall have the same jurisdiction to take
cognizance of, hear and determine or to continue and
complete the same, and the judgments and orders of the
Supreme Court established by the Administration of
Justice Law, No. 44 of 1973, and of the High Courts
aforesaid delivered or made before the commencement of
the Constitution in such election petition proceedings
shall have the same force and effect as if they had been
delivered or made by the Supreme Court and the Court of
Appeal established by the Constitution, as the case may
be. The President of the Court of Appeal is hereby vested
with the power to nominate a Judge of the Court of Appeal
to hear and determine any election petition in respect of
which the Court of Appeal is vested with jurisdiction by
the Constitution ;
(11) all attorneys-at-law admitted and enrolled or deemed
to have been admitted and enrolled as attorneys-at-law
under the provisions of the Administration of Justice
Law, No. 44 of 1973, shall subject to the provisions of
the Constitution be deemed to have been admitted and
enrolled as attorneys-at-law of the Supreme Court created
and established by the Constitution ;
(12) after the date fixed by the Minister in charge of
the subject of Justice, by Order published in the
Gazette, no attorney-at-law shall be entitled to
represent any party to a proceeding or be given the right
of audience in any court, tribunal or other institution
until or unless he has taken and subscribed the oath or
made and subscribed the affirmation set out in the Fourth
Schedule before a Judge of the Supreme Court, Court of
Appeal, High Court or any other judicial officer as
defined in Article 114 ; and it shall be the duty of any
such Judge or judicial officer, as the case may be, to
forward such oath or affirmation so taken and subscribed
or made and subscribed to the Registrar of the Supreme
Court who shall cause the same to be entered in the rolls
of such Court. Such entry shall be the only proof that
such attorney-at-law has taken and subscribed or made and
subscribed such oath or affirmation ;
(13) the provisions of the Administration of Justice Law,
No. 44 of 1973, relating to the Attorney-General, the
legal profession, State Attorneys and State Counsel,
shall be deemed for all purposes to be in operation, and
every reference to the Supreme Court in sections 33 to 36
of the Administration of Justice Law, No. 44 of 1973, and
in the rules and regulations relating thereto shall be
deemed to be a reference to the Supreme Court established
by the Constitution ;
(14) if any matter or question shall arise with regard to
any procedure or practice to be followed in any court in
consequence of the coming into operation of the
Constitution, not provided for in the Constitution or any
written law, the Chief Justice shall have the power to
give such directions as he may consider necessary to
prevent injustice or as the justice of the case may
require and to ensure that the provisions of Chapters XV
and XVI of the Constitution are given full and complete
effect ;
(15) (i) any reference in section 2 of the Special
Presidential Commissions of Inquiry Law, No. 7 of 1978,
to the Supreme Court shall be deemed to be a reference to
the Supreme Court established by the Constitution ;
(ii) where any person has been appointed as a member of a
Special Presidential Commission of Inquiry established
under the Special Presidential Commission of Inquiry Law,
No. 7 of 1978, then, such person shall notwithstanding
the provisions of the Constitution, continue to be such
member and shall be deemed for the purposes of Article 81
(1) to be a Judge of a Court referred to therein unless
he resigns, or refuses or becomes unable to act, or is
discharged by the President from the performance of his
duties as such member in accordance with the provisions
of the Special Presidential Commissions of Inquiry Law,
No. 7 of 1978 ;
(iii) any such member specified in the Warrant
establishing such Special Presidential Commission of
Inquiry as Chairman, shall, subject to the provisions of
sub-paragraph (ii) of this paragraph, continue to be the
Chairman of such Special Presidential Commission of
Inquiry ;
(16) (i) any breach the privileges of the National State
Assembly functioning immediately prior to the
commencement of the Constitution, shall be deemed to be a
breach of the privileges of Parliament and accordingly,
Parliament and the Supreme Court, shall have the Power to
take cognizance of and punish any person for such breach
of privileges of Parliament ;
(ii) where prior to the commencement of the Constitution,
any step required or authorized by the Parliament (Powers
and Privileges) Act has been taken in respect of, or in
relation to, any act or omission alleged to constitute
such a breach of the privileges of Parliament as is
referred to in sub-paragraph (i) of this paragraph, such
step shall be deemed to have been validly taken and any
further steps as are required or authorized under such
Act, may be taken, in respect of or, in relation to, such
alleged breach of the privileges of Parliament as if the
act or omission alleged to constitute ; such breach of
privileges of Parliament had been committed or had
occurred after the commencement of the Constitution.
Provision relating to Queen's Counsel and Senior
Attorneys-at-Law.
60[169A. (1) Every-
(a) Queen's Counsel appointed prior to the coming into
force of the Constitution ; and
(b) Senior attorney-at-law appointed by the President
after the coming into force of the Constitution,
shall, from the date on which this Article comes into
force, be called and known also as President's Counsel
and shall continue to enjoy all such privileges as were
hitherto enjoyed by a Queen's Counsel.
(2) Every rule made under Article 136 relating to the
appointment of Senior attorneys-at-law shall, from the
date on which this Article comes into force, be deemed to
be rescinded.
(3) Every reference in any written law to "Senior
attorney- at-law" shall, from the date on which this
Article comes into force, be deemed to include a
reference to "President's Counsel."]
Chapter XXII -
Interpretation
Interpretation.
170. In the Constitution-
"civic disability" shall have the same meaning as in the
Special Presidential Commissions of Inquiry Law, No. 7 of
1978, as on the commencement of the Constitution;
"commencement of the Constitution" means the date
appointed by the Proclamation made under Article 172;
"conclusion of the General Election" means the time at
which Members of Parliament for all the electoral
districts in respect of which a poll has been taken on
the date or dates specified in the Proclamation made
under Article 70 (5) have been declared elected by the
respective returning officers, or when on the results
declared more than half the total membership of
Parliament consists of Members belonging to any single
recognized political party or independent group,
whichever event occurs earlier;
"existing law" and "existing written law" mean any law
and written law, respectively, in force immediately
before the commencement of the Constitution which under
the Constitution continue in force;
"judicial officer", other than in Article 114, means any
person who holds office as -
(a) a Judge of the Supreme Court or a Judge of the Court
of Appeal;
(b) any Judge of the High Court or any Judge, presiding
officer or member of any other 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 person who
performs arbitral functions or a public officer whose
principal duty or duties is or are not the performance of
functions of a judicial nature.
No court or tribunal or institution shall have
jurisdiction to determine the question whether a
person is a judicial officer within the meaning of the
Constitution but such question shall be determined by the
Judicial Service Commission whose decision thereon shall
be final and conclusive.
No act of such person or proceeding
held before such person, prior to such determination,
shall be deemed to be invalid by reason of such
determination;
"law" means any Act of Parliament, and any law enacted by
any legislature at any time prior to the
commencement of the Constitution and includes an
Order in Council;
"local authority" means any Municipal Council, Urban
Council, Town Council or Village Council and includes any
Authority created and established by or under any law to
exercise, perform and discharge powers, duties and
functions corresponding to or similar to the powers,
duties and functions exercised, performed and discharged
by any such Council;
"public corporation" means any corporation, board or
other body which was or is established by or under any
written law other than the Companies Ordinance, with
funds or capital wholly or partly provided by the
Government by way of grant, loan or otherwise;
"public officer" means a person who holds any paid office
under the Republic other than a judicial officer but does
not include-
(a) the President;
(b) the Speaker;
(c) a Minister;
(d) a member of the Judicial Service Commission;
(e) a member of the Public Service Commission;
(f) a Deputy Minister;
(g) a Member of Parliament;
(h) the Secretary-General of Parliament;
(i) a member of the President's staff;
(j) a member of the staff of the Secretary-General of
Parliament
"recognized political party" means unless Parliament
otherwise provides, every political party which is
treated as a recognized political party under the Ceylon
(Parliamentary Elections) Order in Council, 1946;
"territorial waters" includes the territorial sea and the
historic waters of Sri Lanka;
"written law" means any law and subordinate legislation
61[and includes statutes made by a Provincial
Council, Orders,] Proclamations, Rules, By-laws and
Regulations made or issued by any body or person having
power or authority under any law to make or issue the
same.
Chapter XXIII - Repeal
171. The Constitution adopted and enacted on the 22nd
day of May, 1972, is hereby repealed.
Chapter XXIV -
Promulgation of the Constitution
172. (1) The provisions of Chapter I
to Chapter XXIII shall come into force on the day
appointed by the President by Proclamation
(2) Parliament shall meet on the day so appointed and
the President may, in such Proclamation, specify the time
at which Parliament shall so meet.
De vo Vassatukãlena
sassasampattihetu ca
phito bhavatu Ioko ca
rãjä bhavatu dhammiko
SIDDHIRASTU
First Schedule
Article 5
Names of Administrative Districts
Article 5
Names of Administrative Districts
1. Colombo
2. Gampaha
3. Kalutara
4. Kandy
5. Matale
6. Nuwara Eliya
7. Galle
8. Matara
9. Hambantota
10. Jaffna
62[11. Kilinochchi]
12. Mannar
13. Vavuniya
14. Mullaitivu
15. Batticaloa
16. Ampara
17. Trincomalee
18. Kurunegala
19. Puttalam
20. Anuradhapura
21. Polonnaruwa
22. Badulla
23. Moneragala
24. Ratnapura
25. Kegalle
Second Schedule
Article 6
THE NATIONAL FLAG
Third
Schedule
[Words and Music of the National Anthem
and Instructions to play]
Sri Lanka Matha, apa Sri Lanka,
Namo Namo Namo Namo Matha.
Sundara siri barini,
Surndi athi Sobamana Lanka
Dhanya dhanaya neka mal pala thuru piri, jaya bhoomiya
ramya.
Apa hata spa siri setha sadana, jee vanaye Matha!
Piliganu mana apa bhakti pooja,
Namo Namo Matha.
Apa Sri Lanka,
Namo Namo Namo Namo Matha,
apa Sri Lanka, Namo Namo Namo Namo Matha.
Obave apa vidya obamaya apa sathya obave apa shakti
apa hada thula bhakti oba apa aloke
apage anuprane oba apa jeevana ve
apa muktiya obave
Nava jeevana demine nithina apa
Pubudu karan matha
Gnana veerya vadavamina ragena yanu
mana jaya bhoomi kara
Eka mavekuge daru kala bavina
yamu yamu wee nopama
Prema vadamu sama bheda durara da Namo Namo Matha
Fourth
Schedule
Articles 32, 53, 61,
107, 165
"I ........................
solemnly declare and affirm / swear - that I will
faithfully perform the duties and discharge the
functions of the office of
........................................ in
accordance with the Constitution of the Democratic
Socialist Republic of Sri Lanka and the law, and that
I will be faithful to the Republic of Sri Lanka and
that I will to the best of my ability uphold and
defend the Constitution of the Democratic Socialist
Republic of Sri Lanka. "
Fifth
Schedule
Article 114 (6)
Clerks
63[Deputy Fiscals]
Interpreters
Stenographers
Typists
Binders
Sixth
Schedule
Article 162
(2)
Colombo City and
Dehiwela-Mount Lavinia (Municipal Limits) ..... 1
Member
Colombo District (excluding
Colombo City and Dehiwela - Mount Lavinia) .... 2
Members
Kalutara District.. .. .. 2
Members
Kandy District.. .. .. 2
Members
Matale District .. .. .. 1
Member
Nuwara-Eliya District
......... 1 Member
Galle District .. .. .. 2
Members
Matara District .. .. .. 1
Member
Hambantota District .. .. .. 1
Member
Jaffna District .. .. ..1
Member
Mannar and Vavuniya
Districts.. .. .. 3 Members
Batticaloa District .. .. 1
Member
Trincomalee Mstrict .. .. .. 1
Member
Ampara District .. ... 2
Members
Kurunegala District .. .. 3
Members
Puttalam District .. .. .. 1
Member
Anuradhapura District . .. ..
3 Members
Polonnaruwa District. .. .. 1
Member
Badulla District .. .. .. 3
Members
Moneragala District .. .. .. 1
Member
Kegalle District .. .. .. 2
Members
Ratnapura District .. .. .. 2
Members
"District" means the Administrative
District established under the Administrative Districts
Act (Chapter 392) having the limits specified thereunder
as on July 21, 1977.
64Seventh Schedule
Articles 157A and
Article 161(d)(iii)
"I
.....................................................
do solemnly declare and affirm / swear that I will
uphold and defend the Constitution of the Democratic
Socialist Republic of Sri Lanka and that I will not,
directly or indirectly, in or outside Sri Lanka,
support, espouse, promote, finance, encourage or
advocate the establishment of a separate State within
the territory of Sri Lanka."
65Eighth
Schedule
(Article
154A)
Provinces
Western
North Western
Uva
Sabaragamuwa
Central
Eastern
Southern
North Central
Northern.
66 Ninth Schedule
Article 154 A
LIST I
(Provincial Council List)
1. Police and Public order. - Public order and the
exercise of police powers, to the extent set out in
Appendix I, within the Province, but not including
National Defence, National Security and the use of any
armed forces or any other forces under the control of the
Government of Sri Lanka in aid of the civil power, and
not including the city of Colombo, Sri Jayewardenepura
Kotte, and their environs the limits of which shall be
specified by the President by Order published in the
Gazette.
2. Planning - Implementation of provincial economic
plans.
3. Education and Educational Services, - Education to the
extent set out in Appendix III.
4. Local Government -
4 : 1 Local authorities for the purpose of local
government and village administration, such as Municipal
Councils, Urban Councils and Pradeshiya Sabhas, except
that, the constitution, form and structure of local
authorities shall be determined by law ;
4 : 2 Supervision of the administration of local
authorities established by law, including the power of
dissolution (subject to such quasi-judicial inquiries
into the grounds for dissolution, and legal remedies in
respect thereof, as may be provided by law, and subject
to provisions relating to audit as may be provided by
law) ;
4 : 3 Local authorities will have the Powers vested in
them under existing law. Municipal Councils and Urban
Councils will have the powers vested in them under the
Municipal Councils Ordinance and the Urban Councils
Ordinance, Pradeshiya Sabha will have the powers vested
in them under existing law. It will be open to a
Provincial Council to confer additional powers on local
authorities but not to take away their powers ;
4 : 4 Gramodaya Mandalayas will have the powers vested in
Gramodaya Mandalayas under existing law. It will be open
to a Provincial Council to council to confer additional
powers on Gramodaya Mandalayas.
5. Provincial Housing and Construction -
5 : 1 Implementing, co-ordinating, supervising and
monitoring provincial housing development programmes and
projects (other than National Housing Development
Authority projects) including aided self-help housing
projects, housing loans and the provision of building
materials ;
5 : 2 The implementation of the Protection of Tenants Act
and the Rent Act within a Province ;
5 : 3 Construction activity in respect of subjects in
this List.
6. Roads and bridges and ferries thereon within the
Province, other than -
(a) national highways ;
(b) bridges and ferries on national highways.
7. Social Services and Rehabilitation -
7 : 1 Probation and Child Care Services ;
7 : 2 The Rehabilitation of destitute persons and
families ;
7 : 3 Rehabilitation and welfare of physically, mentally
and socially handicapped persons ;
7 : 4 Relief of the disabled and unemployable.
8. Regulation of road passenger carriage services and the
carriage of goods by motor vehicles within the Province
and the Provisions of inter-provincial road transport
services.
9. Agriculture and Agrarian Services -
9 : 1 Agriculture, including, agricultural extension,
promotion and education for provincial purposes and
agricultural services (other than in inter-provincial
irrigation and land settlement schemes, State land and
plantation agriculture) ;
9 : 2 Rehabilitation and maintenance of minor irrigation
works ;
9 : 3 Agricultural research, save and except institutions
designated as national agricultural research
institutions.
10. Rural Development
11. Health -
11 : 1 The establishment and maintenance of public
hospitals, rural hospitals, maternity homes, dispensaries
(other than teaching hospitals and hospitals established
for special purposes) ;
11 : 2 Public health services, health education,
nutrition, family health, maternity and child care, food
and food sanitation, environmental health ;
11 : 3 Formulation and implementation of Health
Development Plan and of the Annual Health Plan for the
Province ;
11 : 4 The provision of facilities for all institutions
referred to in 1 above within the Province, excluding the
procurement of drugs;
11 : 5 Awarding of Scholarships for Post-Graduate
Education within Sri Lanka to personnel attached to the
Institutions specified in 1 above.
12. Indigenous Medicine - Ayurveda, Siddha and Unani-
12 : 1 Establishment of Ayurvedic dispensaries and
hospitals, grants to such dispensaries and hospitals
;
12 : 2 Establishment and maintenance of herbaria.
13 : 1 Resthouses maintained by local authorities ;
and
13 : 2 Circuit bungalows presently administered by
Government departments whose functions are exclusively
specified in this List.
14. Pawnbrokers - Pawnbrokers other than pawnbrokers
business carried on by Banks.
15. Markets, fairs.
16. Food supply and distribution within the Province.
17. Co-operatives -
17 : 1 Co-operative undertakings and the organization,
registration, supervision and audit of co-operative
societies within the province ;
17 : 2 Co-operative development within the Province
including co-operative education and propaganda ;
17 : 3 Provincial Co-operative Employees Commission ;
17 : 4 Matters connected with employment, promotion,
retirement and other connected matters of employees of
co-operative societies within the Province.
18. Land. - Land, that is to say, rights in or over land,
land tenure transfer and alienation of land, land use,
land settlement and land improvement, to the extent set
out in Appendix II.
19. Irrigation - Planning, designing, implementation,
supervision and maintenance of all irrigation works,
other than irrigation schemes relating to rivers running
through more than one Province or inter provincial
irrigation and land development schemes.
20. Animal husbandry. - Preservation, protection and
improvement of stock and prevention of animal diseases
within the Province.
21. Subject to the formulation and implementation of
National Policy in regard to development and planning,
the power to promote, establish and engage in
agricultural, industrial, commercial and trading
enterprises and other income-generating projects, within
the Province without prejudice to the power of the
Government and public corporations to have such
enterprises and projects.
(This would include the promotion of scientific and
industrial research within the Province and the
preparation, co-ordination and the implementation of
industrial development plans for the Province).
22. Reformatories, Borstal institutions and other
institutions of a like nature and persons detained
therein, arrangements with other Provinces for the use of
such institutions.
23. Possession, transport, purchase and sale of
intoxicating liquors.
24. Burials and burial grounds, cremations and cremation
grounds, other than those declared by or under law made
by Parliament to be national memorial cemeteries.
25 : 1 Libraries, Museums and other similar institutions
controlled or financed by a Provincial Council;
25 : 2 Ancient and historical monuments and records other
than those declared by or under law made by Parliament to
be of national importance.
26. The regulation of mines and mineral development, to
the extent permitted by or under any law made by
Parliament, within the Province.
27. Incorporation, regulation and judicial winding up of
corporations with objects confined to the Province,
excluding trading corporations, banking, insurance and
financial corporations.
28. Regulation of unincorporated trading, literary,
scientific, religious and other societies and
associations.
29 : 1 Theatres and dramatic performances, music,
cinemas, entertainments and amusements, excluding the
sanctioning of cinematograph films for exhibition and
public performances.
29 : 2 Encouragement and development of sports (other
than national sports associations).
30. Betting and gambling, other than imposition of
licence fees and taxes.
31. Provincial debt.
32. Offences against statutes with respect to any of the
matters specified in this List.
33. Fees in respect of any of the matters in this List,
excluding fees taken in any court.
34. Development, conservation and management of sites and
facilities in the Province for the generation and
promotion of electrical energy (other than hydro-electric
power and power generated to feed the national grid).
35. The borrowing of money to the extent permitted by or
under any law made by Parliament ;
36 : 1 Turnover taxes on wholesale and retail sales
within such limits and subject to such exemptions as may
be prescribed by law made by Parliament ;
36 : 2 Betting taxes, and taxes on prize competitions and
lotteries, other than National Lotteries and lotteries
organized by the Government of Sri Lanka ;
36 : 3 Licence taxes, arrack, toddy rents, tapping
licence fees, and liquor licence fees ;
36 : 4 Motor vehicle licence fees within such limits and
subject to such exemptions as may be prescribed by law
made by Parliament ;
36 : 5 Dealership licence taxes on drugs and other
chemicals ;
36 : 6 Stamp duties on transfer of properties, such as
lands and motor cars ;
36 : 7 Toll collections ;
36 : 8 Fines imposed by courts ;
36 : 9 Fees charged under the Medical Ordinance ;
36 : 10 Fees charged under the Motor Traffic Act ;
36 : 11 Departmental fees in respect of any of the
matters specified in this List ;
36 : 12 Fees under the Fauna and Flora Protection
Ordinance ;
36 : 13 Fees on lands alienated under the Land
Development Ordinance and Crown Lands Ordinance ;
36 : 14 Court fees, including stamp fees on documents
produced in court ;
36 : 15 Regulatory charges under the Weights and Measures
Ordinance ;
36 : 16 Land revenue, including the assessment and
collection of revenue, and maintenance of land records
for revenue purposes ;
36 : 17 Taxes on lands and buildings including the
property of the State to the extent permitted by law made
by Parliament ;
36 : 18 Taxes on mineral rights within such limits and
subject to such exemptions as may be prescribed by law
made by Parliament ;
36 : 19 Licensing fees on the possession, transport,
purchase and sale of intoxicating liquors ;
36 : 20 Other taxation within the Province in order to
raise revenue for provincial purposes to the extent
permitted by or under any law made by Parliament.
37. Protection of environment within the Province to the
extent permitted by or under any law made by
Parliament.
APPENDIX I
Law And Order
1. The subject devolved shall be described as follows :
-
Public Order and the exercise of Police powers as set out
in this Appendix within the Province, but not
including-
(a) national defence ;
(b) national security ; and
(c) the use of any armed forces or any other forces under
the control of the Government of Sri Lanka in aid of the
civil power.
2. The I.G.P. shall be the head of the Sri Lanka Police
Force, The Sri Lanka Police Force shall be divided into
-
(a) the National Division (including Special Units) ;
and
(b) a Provincial Division for each Province.
2 : 1 The National Division shall consist of the I.G.P.,
D.I.GG, S.S.PP, A.S.PP and other ranks recruited at the
national level.
2 : 2 A Provincial Division shall consist of the D.I.G.,
S.S.PP, S.PP and A.S.PP all seconded from the National
Division and Provincial Assistant Superintendents of
Police, Chief Inspectors, Inspectors, Sub-Inspectors,
Sergeants, and Constables recruited in the Province.
Members of the Provincial Division shall be eligible for
promotion to the National Division.
3. Recruitment to the National Division and promotions of
Police Officers in the Provincial Divisions to the
National Division shall be made by a National Police
Commission composed of three members, namely -
(a) the I.G.P. ;
(b) a person nominated by the Public Service Commission
in consultation with the President ; and
(c) a nominee of the Chief Justice.
3 : 1 The National Police Commission shall, before
promoting any Police Officer serving in any Provincial
Division to the National Division, call for a
Confidential Report on such Officer from the relevant
Provincial Police Commission and take the matters
specified in such report into consideration in deciding
whether to promote such Officer or not.
3 : 2 The Commission shall also be responsible for
promotions, transfers and disciplinary control of members
of the National Division other than the I.G.P. subject to
paragraph 4 : 1 below.
3 : 3 It shall hear and determine appeals from officers
seconded to Provincial Divisions against whom
disciplinary action has been taken by Provincial Police
Commissions.
3 : 4 It shall set standards for recruitment and
promotion of Police Officers of all Divisions and such
standards shall be uniform for all Provincial
Divisions.
4. Recruitment to each Provincial Division shall be made
by a Provincial Police Commission composed of three
members, namely
(a) the D.I.G. of the Province ;
(b) a person nominated by the Public Service Commission
in consultation with the President ; and
(c) a nominee of the Chief Minister of the Province.
4 : 1 A Provincial Police Commission shall be responsible
for transfers, promotions and disciplinary control over
officers in the Provincial Division ; for promotion of
Officers of the National Division seconded to the
Provincial Division up to the rank of S.S.P. ; and for
transfer and disciplinary control over officers seconded
to the Provincial Division, except the D.I.G. :
Provided that any Officer of the National Division
seconded to any Provincial Division against whom
disciplinary action has been taken by a Provincial Police
Commission, shall have the right to appeal to the
National Police Commission, whose decision on such appeal
shall be final.
5. The National Police Commission or a Provincial Police
Commission shall be entitled to delegate such of its
powers as may be prescribed to such other person or
authority as may be prescribed.
6. The I.G.P. shall appoint a D.I.G. for each Province
with the concurrence of the Chief Minister of the
Province. However, where there is no agreement between
the Inspector-General of Police and the Chief Minister,
the matter will be referred to the President, who, after
due consultations with the Chief Minister, shall make the
appointment.
7. The cadres of Police Officers of all ranks of the
National Division shall be fixed by the Government of Sri
Lanka. The cadre of Officers and other ranks of each
Provincial Division shall be fixed by the Provincial
Administration with the approval of the President, having
regard to-
(a) the area of the Province ;
(b) population of the Province ; and
(c) such other criteria, as may be agreed to or
prescribed.
These principles shall be uniformly applied to all
Provincial Divisions.
7 : 1 The cadres of the Provincial Divisions shall be
fixed on ascertained principles such as population, area,
number of Police Stations involved and other relevant
considerations. These principles shall be applied to all
Provincial Divisions without distinction.
7 : 2 The salary scales and perquisites of office enjoyed
by the various ranks in the National and Provincial
Divisions shall be determined by the Government of Sri
Lanka after consultation with the Chief Ministers of the
Provinces. The salary scales and perquisites of office as
enjoyed by members of the Provincial Divisions shall
apply uniformly to all Provincial Divisions.
8. The nature, type and quantity of fire-arms and
ammunition and other equipment for the National Division
shall be determined by the National Police Commission.
The nature, type and quantity of fire-arms and ammunition
and other equipment for all Provincial Divisions shall be
determined by the National Police Commission after
consultation with the Provincial Police Commission and
uniform standards and principles shall be applied for all
Provincial Divisions.
9. Recruitment to the National Division shall be made at
the ranks of P.C., S.I., and A.S.P.. Recruitment to the
Provincial Division shall be made at the ranks of P.C.,
S.I., and P.A.S. P. (rank referred to in paragraph 2 : 2
above).
9 : 1 Recruitment to the National Division shall be made
by the National Police Commission and recruitment to the
Provincial Division shall be made by the Provincial
Police Commission having regard to the standards of
recruitment, and other criteria prescribed in this
behalf:
Provided also that a recruit may, on appointment, set out
his preferences as to the Division in which he wishes to
serve and that he shall, if possible, be posted to the
Division of his choice, with the consent of the Division
concerned.
9 : 2 The Government of Sri Lanka shall be responsible
for the training of all recruits to and of members of all
Divisions of the Sri Lanka Police Force.
The President may, where he considers it necessary,
provide for alternative training for members of any
Provincial Division.
10. Members of the National Division and the Provincial
Divisions shall wear the same uniforms and insignia of
rank, provided that uniforms of the members of each
Division shall bear a distinctive shoulder flash,
indicating the Division to which he belongs.
10 : 1 There shall be one uniformed police force in each
Province, comprising of the members of the Provincial
Division and the officers seconded thereto. Members of
the National Division shall ordinarily be in plain
clothes provided that they may wear uniforms when
performing any duties in respect of the maintenance or
restoration of public order as set out in paragraph 12 :
2, 12 : 3 and 12 : 4. Provided also that the I.G.P. and
such other Officers as may be specified shall ordinarily
be attired in uniforms.
11. All Police Officers serving in units of the National
Division and Provincial Divisions in any Province shall
function under the direction and control of the D.I.G. of
such Province.
11 : 1 The D.I.G. of the Province shall be responsible to
and under the control of the Chief Minister thereof in
respect of the maintenance of public order in the
Province and the exercise of police powers in the
Province as set out in this Schedule.
11 : 2 The provisions of paragraph 11 : 1 above are
subject to the qualifications that -
(a) upon the declaration of an emergency in the Province,
the President may assume such powers and responsibilities
of the Chief Minister and the Provincial Administration
in respect of public order within the Province as he may,
by regulation, provide ; and
(b) where the President is of the opinion that the
security of or public order in a Province is threatened
by grave internal disturbance, he may, without the
declaration of an emergency, but in consultation with the
Chief Minister of such Province, and subject to the
provisions of the Public Security Ordinance, by order,
deploy in aid of the civil power, any unit of the
National Division, in the Province for the purpose of
restoring public order :
Provided that every such order shall cease to be in
force, as soon as the President is satisfied that public
order has been restored or on the expiry of thirty days
from the date of the order, whichever is earlier.
12 : 1 The Provincial Division shall be responsible for
the preservation of public order within the Province and
the prevention, detection and investigation of all
offences (except the offences specified in the Schedule)
and subject to the powers of the Attorney-General in
terms of the Code of Criminal Procedure Act, the
institution of prosecutions in the relevant Courts in
respect of such offences.
The National Division of the Sri Lanka Police Force shall
be responsible for the prevention, detection and
investigation of all offences specified in the Schedule
and subject to the powers of the Attorney-General in
terms of the Code of Criminal Procedure Act, for the
institution of prosecutions in the relevant Courts in
respect of such offences.
12 : 2 Where the Chief Minister seeks the assistance of
the National Division to preserve public order within a
Province, the I.G.P. shall deploy such personnel of the
National Division as are necessary for the purpose, and
place them under the control of the D.I.G. of the
Province.
12 : 3 Where a State of Emergency is declared in the
Province, the I.G.P. may deploy such units of the
National Division as he deems necessary in any Province
for the restoration and maintenance of public order
within such Province.
12 : 4 Any offence which may ordinarily be investigated
by a Provincial Division may be investigated by the
C.I.D. or any other unit of the National Division -
(a) where the Chief Minister requests, that such
investigation be undertaken by the C.I.D. or any other
unit of the National Division ; and
(b) where the I.G.P. is of opinion that an investigation
of such offence by the C.I.D. or any other unit of the
National Division is necessary, in the public interest,
and directs, after consultation with the Chief Minister,
and the approval of the Attorney-General, that such
offence be investigated by the C.I.D. or any other unit
of the National Division.
13. The National Division shall perform all the functions
vested in a Provincial Division, in any Province, for a
period of one year or until a Provincial Division is
established in such Province, whichever is earlier.
14. All gazetted officers of the National Division and
Provincial Division shall be required to attain the
prescribed standard in Sinhala and Tamil. All Officers of
the rank of A.S.P. and above shall also be required to
attain the prescribed standard of English.
Every recruit to the Sri Lanka Police Force shall have
proficiency in his mother tongue. For the first promotion
he shall acquire proficiency in a language other than his
mother tongue. For the next promotion he shall acquire a
knowledge of the third language. The three languages
recognized for this purpose are Sinhala, Tamil and
English.
SCHEDULE
List of Offences to be investigated by the National
Police
1. Offences against the State.
2. Offences relating to the Navy, Army and Air Force.
3. Offences relating to the Elections.
4. Offences relating to Coins, Currency and Government
Stamps.
5. Any Offence committed against the President.
6. Any Offence committed against a Public Officer, a
Judicial Officer, or the Speaker, or the Prime Minister
or a Minister, or a Member of the Judicial Service
Commission, or a Member of the Public Service Commission
or a Deputy Minister or a Member of Parliament or the
Secretary General of Parliament or a Member of the
President's Staff or a Member of the Staff of the
Secretary General of Parliament.
7. Any Offence relating to property belonging to the
State or a State Corporation or Company or Establishment,
the whole or part of the capital whereof has been
provided by the State.
8. Any Offence prejudicial to National Security or the
maintenance of Essential Services.
9. Any Offence under any law relating to any matter in
the Reserve List other than such offences as the
President may, by order published in the Gazette,
exclude.
10. Any Offence in respect of which Courts in more than
one Province have jurisdiction.
11. International Crimes.
APPENDIX II
Land and Land Settlement
State land shall continue to vest in the Republic and may
be disposed of in accordance with Article 33 (d) and
written law governing this matter.
Subject as aforesaid, land shall be a Provincial Council
Subject, subject to the following special provisions :
-
1. State land -
1 : 1 State Land required for the purposes of the
Government in a Province, in respect of a reserved or
concurrent subject may be utilised by the Government in,
accordance with the laws governing the matter. The
Government shall consult the relevant Provincial Council
with regard to the utilisation of such land in respect of
such subject.
1 : 2 Government shall make available to every Provincial
Council State land within the Province required by such
Council for a Provincial Council subject. The Provincial
Council shall administer, control and utilise such State
land, in accordance with the laws and statutes governing
the matter.
1 : 3 Alienation or disposition of the State land within
a Province to any citizen or to any Organisation shall be
by the President, on the advice of the relevant
Provincial Council, in accordance with the laws governing
the matter.
2. Inter-Provincial Irrigation and Land Development
Projects.
2 : 1 Such projects would comprise irrigation and land
development schemes-
(a) within the Province initiated by the State and which
utilize water from rivers flowing through more than one
Province; a Provincial Council however, may also initiate
irrigation and land development schemes within its
Province utilizing water from such rivers ;
(b) within the Province which utilize water through
diversions from water systems from outside the Province ;
and
(c) all schemes where the command area falls within two
or more Provinces such as the Mahaweli Development
Project.
2 : 2 These projects will be the responsibility of the
Government of Sri Lanka.
2 : 3 The principals and criteria regarding the size of
holdings of agricultural and homestead lands arising out
of these projects will be determined by the Government of
Sri Lanka in consultation with the Provincial
Councils.
2 : 4 The selection of allotees for such lands will be
determined by the Government of Sri Lanka having regard
to settler selection criteria including degree of
landlessness, income level, size of family and
agricultural background of the applicants. The actual
application of these principles, selection of allottees
and other incidental matters connected thereto will be
within the powers of the Provincial Councils.
2 : 5 The distribution of all allotments of such land in
such projects will be on the basis of national ethnic
ratio. In the distribution of allotments according to
such ratios, priority will be given to persons who are
displaced by the project, landless of the District in
which the project is situated and thereafter the landless
of the Province.
2 : 6 Where the members of any community do not, or are
unable to take their entitlements of allotments from any
such project, they would be entitled to receive an
equivalent number of allotments in another
Inter-Provincial Irrigation or Land Development Scheme.
This unused quota should be utilized within a given
time-frame.
2 : 7 The distribution of allotments in such projects on
the basis of the aforesaid principles would be done as
far as possible so as not to disturb very significantly
the demographic pattern of the Province and in accordance
with the principle of ensuring community cohesiveness in
human settlements.
2 : 8 The administration and management of such projects
will be done by the Government of Sri Lanka.
3. National Land Commission.
3 : 1 The Government of Sri Lanka shall establish a
National Land Commission which would be responsible for
the formulation of national policy with regard to the use
of State land. This Commission will include
representatives of all Provincial Councils in the
Island.
3 : 2 The National Land Commission will have a Technical
Secretariat representing all the relevant disciplines
required to evaluate the physical as well as the
socio-economic factors that are relevant to natural
resources management.
3 : 3 National policy on land use will be based on
technical aspects (not on political or communal aspects),
and the Commission will lay down general norms in regard
to the use of land, having regard to soil, climate,
rainfall, soil erosion, forest cover, environmental
factors, economic viability, &c.
3 : 4 In the exercise of the powers devolved on them, the
powers shall be exercised by the Provincial Councils
having due regard to the national policy formulated by
the National Land Commission.
APPENDIX III
Education
1. Provision of facilities for all State Schools other
than specified schools (Specified Schools will be
National Schools, Special Schools for Service Personnel
and schools for specified development schemes).
2. Supervision of the management of -
(a) all pre-schools ; and
(b) all State schools other than specified schools
indicated above.
(in order to ensure standards the Ministry of Education
will retain the right to inspect and supervise the
management of schools).
3. The transfer and disciplinary control of all
educational personnel, i.e. Teachers, Principals and
Education Officers. Officers belonging to a National
Service but serving the Provincial authority on
secondment will have the right of appeal to the Public
Service Commission. Officers belonging to the Provincial
Public Service will have a right to appeal to the Public
Service Commission against dismissal.
4. Recruitment into the Teaching Service of those with
diplomas and degrees, from Colleges of Education and
Universities, recognised as teaching qualifications.
5. Until adequate numbers of these categories are
available recruitment into the Teaching Service will be
on the results of recruitment examinations conducted by
the Public Service Commission. On the results of these
examinations interviews and selection will be conducted
together with the Provincial Authorities.
6. Appointment of Principals of all schools other than
those in 1A, B, C categories. (Criteria will be laid down
by the Minister of Education).
7. Appointment of Principals of 1A, B, C schools will be
by the Secretary to the Ministry of the Minister in
charge of the subject of Education or the Public Service
Commission.
8. Training of teachers and other educational personnel
will come within the purview of the National Institute of
Education. Provincial Authorities will indicate their
needs to the National Institute of Education.
9. Appointment of Provincial Boards of Education which
will have the advisory functions, will be the
responsibility of the Minister of Education. However,
this will be done with the concurrence of the Chief
Minister of the Provincial Authority.
10. Provincial Authorities will establish School Boards
conforming to the specifications laid down by the
Ministry of Education.
11. Provincial Authorities will supervise the working of
School Boards.
12. Preparation of plans (educational development plan
and annual implementation plan) will be the
responsibility of the Provincial Authority.
13. Implementation of the Annual Education Development
Plan.
14. Appraisal of the performance of Principals, Teachers
and Education Officers.
15. Conducting of in-service training programmes for
which prior approval of the National Institute of
Education has been obtained.
16. Conducting of local examinations approved by the
Commissioner-General of Examinations.
17. Implementation of non-formal education
programmes.
18. Registration and supervision of pre-schools.
19. Obtaining the approval of the National Institute of
Education for local variations in the primary curriculum
and selected subjects in the secondary curriculum.
20. Construction and maintenance of educational
buildings, libraries and playgrounds.
21. Procuring and distribution of teaching aids, visual
aids and audio visual materials, furniture and other
equipment.
22. Procuring and distribution of science equipment other
than certain specified items indicated by the
Ministry.
23. Production and distribution of school textbooks after
approval by the Ministry.
24. Organization and development of school libraries in
accordance with guidelines given by the National Library
Services Board.
(Above based on the recommendations of Committee I of the
Political Parties Conference)
LIST II
(Reserved List)
National Policy on all Subjects and Functions.
Defence and National Security : Internal Security Law and
order and prevention and detection of crime except to the
extent specified in item 1 of List I.
This would include -
(a) Defence of Sri Lanka and every part thereof including
preparation for defence and all such acts as may be
conducive in times of war to its prosecution and after
its termination, to effective demobilisation ;
(b) Naval, military and air forces; any other armed
forces of the Government of Sri Lanka ;
(c) Deployment of any armed force of the Government of
Sri Lanka or any other force subject to the control of
the Government of Sri Lanka or any contingent or unit
thereof in any Province in aid of the civil power ;
powers, jurisdiction, privileges and liabilities of the
members of such forces while on such deployment ;
(d) Delimitation of cantonment areas, local
self-government in such areas, the constitution and
powers within such areas of cantonment authorities and
the regulation of house accommodation (including the
control of rents) in such areas ;
(e) Naval, military and air force works ;
(f) Arms, firearms, ammunition and explosives ;
(g) Atomic energy and mineral resources necessary for its
production ;
(h) Industries declared by Parliament by law to be
necessary for the purpose of defence or for the
prosecution of war ;
(i) Criminal Investigation Department ;
(j) Preventive detention for reasons connected with
Defence, Foreign Affairs, or the security of Sri Lanka,
persons subjected to such detention ; and
(k) Extension of the powers and jurisdiction of members
of a police force belonging to any Province to any area
outside that Province, but not so as to enable the police
of one Province to exercise powers and jurisdiction in
any area outside that Province without the consent of the
Provincial Council in which such area is situated ;
extension of the powers and jurisdiction of members of a
police force belonging to any Province to railway areas
outside that Province.
Foreign Affairs
This would include -
(a) Foreign Affairs ; all matters which bring the
Government of Sri Lanka into relation with any foreign
country ;
(b) Diplomatic, consular and trade representation ;
(c) United Nations Organization ;
(d) Participation in international conferences,
associations and other bodies and implementing of
decisions made thereat ;
(e) Entering into treaties and agreements with foreign
countries and implementing treaties, agreements and
conventions with foreign countries ;
(f) War and peace ; and
(g) Foreign jurisdiction.
Posts and Telecommunications ; Broadcasting ;
Television
This would include -
(a) Posts and telegraphs ; telephones ; wireless,
broadcasting and other like forms of communications ;
and
(b) Sanctioning of cinematograph films for
exhibition.
Justice in so far as it relates to the judiciary and the
courts structure
This would include -
(a) Constitution, organization, jurisdiction and powers
of the Supreme Court (including contempt of such Court),
and the fees taken therein; persons entitled to practise
before the Supreme Court, Court of Appeal and other
Courts ;
(b) Constitution, Organisation, jurisdiction and powers
of the Court of Appeal, and the fees taken therein ;
and
(c) Jurisdiction and powers of all courts, except the
Supreme Court and the Court of Appeal.
Finance in relation to national revenue, monetary policy
and external resources ; customs
This would include -
(a) Public debt of the Government of Sri Lanka ;
(b) Currency, coinage and legal tender ; foreign exchange
;
(c) Foreign loans ;
(d) Central Bank ;
(e) National Savings Bank ;
(f) Lotteries organised by the Government of Sri Lanka or
a Provincial Council ;
(g) Banking ;
(h) Bills of exchange, cheques, promissory notes and
other like instruments;
(i) Insurance ;
(j) Stock exchanges and futures markets ;
(k) Audit of the accounts of the Government of Sri Lanka
and of the Provinces ;
(l) Taxes on income, capital and wealth of individuals,
companies and corporations ;
(m) Customs duties, including import and export duties,
and excise duties;
(n) Turnover taxes and stamp duties, except to the extent
specified in List I ;
(o) any other tax or fee not specified in List I.
Foreign Trade ; Inter-Province Trade and Commerce
This would include-
(a) Trade and commerce with foreign countries ; import
and export across customs frontiers ; definition of
customs frontiers ; and
(b) Inter-province trade and commerce.
Ports and Harbours
This would include -
(a) Ports declared by or under law made by Parliament or
existing law to be major ports including their
delimitation, and the constitution and powers of port
authorities therein ; and
(b) Port quarantine, including hospitals connected
therewith ; seamen's and marine hospitals.
Aviation and Airports
This would include-
Airways ; aircraft and air navigation ; provision of
aerodromes ; regulation and Organisation of air traffic
and of aerodromes ; provision for aeronautical education
and training and regulation of such education and
training provided by Provinces and other agencies.
National Transport
This would include-
(a) Railways ;
(b) Highways declared by or under law made by Parliament
to be national highways; and
(c) Carriage of passengers and goods by railway, land,
sea or air, or by national waterways in mechanically
propelled vessels.
Rivers and Waterways ; Shipping and Navigation ; Maritime
zones including Historical Waters, Territorial Waters,
Exclusive Economic zone and Continental Shelf and
Internal Waters ; State Lands and Foreshore, Except to
the Extent specified. in Item 18 of List I.
This would include -
(a) Piracies and crimes committed on the high seas or in
the air ; offences against the law of nations committed
on land or the high seas or in the air ;
(b) Shipping and navigation on inland waterways, declared
by Parliament by law to be national waterways, as regards
mechanically propelled vessels ; the rule of the road on
such waterways ;
(c) Maritime shipping and navigation, including shipping
and navigation on tidal waters ; provision of education
and training for the mercantile marine and regulation of
such education and training provided by Provinces and
other agencies ;
(d) Lighthouses, including lightships, beacons and other
provision for the safety of shipping and aircraft ;
(e) Regulation and development of inter province rivers ;
and river valleys to the extent to which such regulation
and development under the control of the Government of
Sri Lanka is declared by Parliament by law to be
expedient in the public interest ;
(f) Fishing and fisheries beyond territorial waters ;
and
(g) Property of the Government of Sri Lanka and the
revenue therefrom, but as regards property situated in a
province, subject to statutes made by the Province save
in so far as Parliament by law otherwise provides.
Minerals and Mines
This would include-
(a) Regulation and development of oilfields and mineral
oil resources ; petroleum and petroleum products ; other
liquids and substances declared by Parliament by law to
be dangerously inflammable ; and
(b) Regulation of mines and mineral development to the
extent to which such regulation and development under the
control of the Government of Sri Lanka is declared by
Parliament by law to be expedient in the public
interest.
Immigration and Emigration and Citizenship
This would include-
(a) Citizenship, naturalization and aliens ;
(b) Extradition ; and
(c) Admission into, and emigration and expulsion from,
Sri Lanka passports and visas.
Elections Including Presidential, Parliamentary,
Provincial Councils and Local Authorities
This would include-
Elections to Parliament, Provincial Councils, Local
Authorities and to the Office of President ; the
Department of Elections.
Census and Statistics
This would include-
(a) Census ; and
(b) Inquiries, surveys and statistics for the purposes of
any of the matters in this List.
Professional Occupations and Training
This would include-
(a) Institutions, such as Universities, declared by
Parliament by law to be institutions of national
importance ;
(b) Institutions for scientific or technical education by
the Government of Sri Lanka wholly or in part and
declared by Parliament by law to be institutions of
national importance ;
(c) Provincial agencies and institutions for -
(i) professional, vocational or technical training,
including the training of police officers ; or
(ii) the promotion of special studies or research; or
(iii) scientific or technical assistance in the
investigation or detection of crime ; and
(d) Co-ordination and determination of standards in
institutions for higher education or research and
scientific and technical institutions.
National Archives ; Archaeological Activities and Sites
and Antiquities declared by or under any law made by
Parliament to be of National Importance
This would include-
Ancient and historical monuments and records, and
archaeological sites and remains declared by or under law
made by Parliament to be of national
importance.
All Subjects and
Functions not Specified in List I or List III including
-
(a) Pilgrimages to places outside Sri Lanka ;
(b) Incorporation, regulation and winding up of trading
corporations, including banking, insurance and financial
corporations but not including co-operative societies
;
(c) Incorporation, regulation and winding up of
corporations, whether trading or not, with objects not
confined to one province, but not including universities
;
(d) Patents, inventions and designs ; copyright, trade
marks and merchandise marks ;
(e) Establishment of standards of weight and measure
;
(f) Establishment of standards of quality for goods to be
exported out of Sri Lanka or transported from one
province to another ;
(g) Industries, the control of which by the Government of
Sri Lanka is declared by Parliament by law to be
expedient in the public interest;
(h) Regulation of labour and safety in mines ;
(i) Manufacture, supply and distribution of salt by
agencies of the Government of Sri Lanka ; regulation and
control of manufacture, supply and distribution of salt
by other agencies ;
(j) Cultivation, manufacture, and sale for export, of
opium ;
(k) Industrial disputes concerning employees of the
Government of Sri Lanka ;
(l) Institutions such as Museums and War Memorials
financed by the Government of Sri Lanka wholly or in part
and declared by Parliament by law to be institutions of
national importance ;
(m) The Survey of Sri Lanka, the Geological, Botanical,
Zoological and Anthropological Surveys of Sri Lanka ;
Meteorological organizations ;
(n) National Public Services ; National Public Service
Commission ;
(o) Pensions, that is to say, pensions payable by the
Government of Sri Lanka or out of the Consolidated Fund
;
(p) Salaries and allowances of Members of Parliament, and
the Speaker and Deputy Speaker of Parliament ;
(q) Powers, privileges and immunities of Parliament and
of the members and the Committees of Parliament ;
enforcement of attendance of persons for giving evidence
or producing documents before Committees of Parliament or
Commissions appointed by Parliament ;
(r) Emoluments, allowances, privileges, and rights in
respect of leave of absence, of the President and
Governors ; salaries and allowances of the Ministers of
the Government of Sri Lanka ; the salaries, allowances
and rights in respect of leave of absence and other
conditions of service of the Auditor-General ;
(s) Inter-Province migration ; inter-province quarantine
;
(t) Offences against laws with respect to any of the
matters in this List; and
(u) Fees in respect of any of the matters in this List,
but not including fees taken in any Court.
LIST III
(Concurrent List)
1. Planning -
1 : 1 Formulation and appraisal of plan implementation
strategies at the provincial level ;
1 : 2 Progress control ;
1 : 3 Monitoring progress of public and private sector
investment programmes ;
1 : 4 The evaluation of the performance of institutions
and enterprises engaged in economic activities ;
1 : 5 The presentation of relevant data in the
achievement of plan targets ;
1 : 6 The dissemination of information concerning
achievement of plan targets ;
1 : 7 Publicity of implementation programmes ;
1 : 8 Manpower planning and employment Data Bank ;
1 : 9 Nutritional planning and programmes.
2. and 3. Education and Educational Services. -
Education, except to the extent specified in items 3 and
4 of List I.
4. Higher Education -
4 : 1 The establishment and maintenance of new
Universities.
4 : 2 The establishment of degree awarding institutions
under the Universities (Amendment) Act, No. 7 of 1985,
and other institutions for tertiary, technical and
post-school education and training.
5. National Housing and Construction. -The promotion of
integrated planning and implementation of economic,
social and physical development of urban development
areas.
6. Acquisition and requisitioning of Property.
7. Social Services and Rehabilitation-
7 : 1 Relief, rehabilitation and resettlement of
displaced persons ;
7 : 2 Relief of distress due to floods, droughts,
epidemics or other exceptional causes and rehabilitation
and resettlement of those affected;
7 : 3 Restoration, reconstruction and rehabilitation of
towns, villages, public institutions and properties,
industries, business places, places of worship and other
properties destroyed or damaged, grant of compensation or
relief to persons of institutions who have sustained loss
or damage and the reorganization of civil life.
8. Agricultural and Agrarian Services -
8 : 1 Establishment and promotion of agro-linked
industries, the establishment and maintenance of farms
and supervision of private nurseries ;
8 : 2 Soil conservation ;
8 : 3 Plant pests.
9. Health -
9 : 1 Schools for training of Auxiliary Medical Personnel
;
9 : 2 The supervision of private medical care, control of
nursing homes and of diagnostic facilities within a
Province ;
9 : 3 Population control and family planning ;
9 : 4 Constitution of Provincial Medical Boards.
10. Registration of births, marriages and deaths.
11. Renaming of Towns and Villages.
12. Private lotteries within the Province.
13. Festivals and Exhibitions.
14. Rationing of food and maintenance of food stocks.
15. Co-operatives, - Co-operative Banks.
16. Surveys - For the purpose of any of the matters
enumerated in the Provincial or Concurrent List.
17. Irrigation -
17 : 1 Water storage and management, drainage and
embankments, flood protection, planning of water
resources ;
17 : 2 Services provided for inter-provincial land and
irrigation schemes, such as those relating to rural
development, health, education, vocational training,
co-operatives and other facilities.
18. Social Forestry and protection of wild animals and
birds.
19. Fisheries. - Other than fishing beyond territorial
waters.
20. Animal Husbandry -
20 : 1 Production, processing, distribution and sale of
livestock and livestock products ;
20 : 2 Veterinary training services and research,
inclusive of the provision of science laboratories and
science equipment ;
20 : 3 Animal breeding, care and health,
20 : 4 The establishment of pastures.
21. Employment -
21 : 1 Employment planning at Provincial level ;
21 : 2 Special Employment programmes relating to the
Province ;
21 : 3 Promotion of youth employment activities relating
to the Province ;
21 : 4 Technical Manpower Development Programmes in
relation to the Province.
22. Tourism. - Development and control of the Tourist
Industry in the Province.
23. Trade and commerce in, and the production, supply and
distribution of -
(a) the products of any industry where the control of
such industry by the Government is declared by Parliament
by law to be expedient in the public interest, and
imported goods of the same kind as such products ;
and
(b) foodstuffs and cattle fodder.
24. Newspapers, books and periodicals and printing
presses.
25. Offences against statutes with respect to any matters
specified in this List.
26. Fees in respect of any of the matters in this List,
excluding fees taken in any Court.
27. Charities and charitable institutions, charitable and
religious endowments and religious institutions.
28. Price control.
29. Inquiries and statistics for the purpose of any of
the matters in this List or in the Provincial Council
List.
30. Adulteration of foodstuffs and other goods.
31. Drugs and Poisons.
32. Extension of electrification within the Province and
the promotion and regulation of the use of electricity
within the Province.
33. Protection of the environment.
34. Archaeological sites and remains, other than those
declared by or under any law made by Parliament to be of
national importance.
35. Prevention of the extension from one Province to
another of infectious or contagious diseases or pests
affecting human beings, animals or plants.
36. Pilgrimages.
Notes of Amendments
1. Substituted by Seventh Amendment to
the Constitution Sec. 2 (a) and the first Schedule for
"'Twenty four".
2. Substituted by Seventh Amendment to
the Constitution Sec. 2 (b) for "territorial
waters".
3. Renumbered as para (1) of Article 18
by the Thirteenth Amendment to the Constitution Sec. 2
(a)
4. Added by the
Thirteenth Amendment to the Constitution Sec. 2 (b)
5. Substituted by
Sixteenth Amendment to the Constitution Sec. 2 (1) for
"or a member of a local authority".
6. Substituted by
Sixteenth Amendment to the Constitution Sec. 2 (2) for
"or in such local authority".
7. Original Article
22 replaced by the Sixteenth Amendment to the
Constitution Sec. 3.
8. Original Article
23 replaced by the Sixteenth Amendment to the
Constitution Sec. 3.
9. Original para (1) repealed and substituted by the
Sixteenth Amendment to the Constitution Sec. 4 (1).
10. Substituted by the Sixteenth Amendment to the
Constitution Sec. 4 (2) for "in either of the National
Language".
11. Substituted by the Sixteenth Amendment to the
Constitution Sec. 4 (3) (a) for "the appropriate
National Language".
12. Substituted by the Sixteenth Amendment to the
Constitution Sec. 4 (3) (b) for "either of the National
Languages".
13. Substituted by the Sixteenth Amendment to the
Constitution Sec. 4 (4) for "the use of a Language
other than a National Language".
14. Inserted by the Sixteenth Amendment Sec.
5.
15. Inserted by the Third
Amendment to the Constitution Sec. 2 (1)
16. Original para (4) repealed and substituted by the
Third Amendment to the Constitution Sec. 2 (2)
17. Inserted by the Eighth Amendment to the
Constitution Sec. 2.
18. Substituted by the Fourteenth Amendment to the
Constitution Sec. (2) for "relating to the election of
the President".
19. Substituted by the Third Amendment to the
Constitution Sec. (3) for "One month".
20. Original Article 62 (1)
repealed and substituted by the Fourteenth Amendment to
the Constitution Sec. 2.
21. Substituted by the Fourteenth
Amendment to the Constitution Sec. (4) for "duly
approved by the People at a Referendum".
22. Substituted for (vii), (viii), (ix), (x) by the
Ninth Amendment Sec. (2).
23. Substituted by the Seventh Amendment to the
Constitution Sec. (3) for "Twenty-four".
24. 96A Inserted by the Fourteenth Amendment to the
Constitution, Sec 5, and repealed by the Fifteenth
Amendment to the Constitution Sec. 2.
25. Amended by the Fourteenth Amendment to the
Constitution, Sec (b), and by the Fifteenth Amendment
to the Constitution Sec. (3).
26. Original Article 99 repealed and replaced by the
Fourteenth Amendment to the Constitution, Sec (7).
27. Substituted by the Fifteenth Amendment to the
Constitution Sec. 4 (1) for "less than one eighth of
the total votes".
28. (14) repealed by the Fifteenth Amendment to the
Constitution Sec. 4 (2).
29. Inserted by the Fourteenth Amendment to the
Constitution Sec. 8.
30. Inserted by the Fifteenth Amendment to the
Constitution Sec. 5.
31. Substituted by the Sixth Amendment to the
Constitution Sec. 3 for "by election or otherwise32.
Original para (1) repealed and substituted by the
Eleventh Amendment to the Constitution Sec. 2.
33. Inserted by the Seventh Amendment to the
Constitution Sec. 4.
34. Substituted by the Eleventh Amendment to the
Constitution Sec. 3, for "the appointment of judicial
officers."
35. Inserted by the Eleventh Amendment to the
Constitution Sec. 4.
36. Substituted by the Eleventh Amendment to the
Constitution Sec. 5 (1) for "the power to make all
transfers."
37. Substituted by the Eleventh Amendment to the
Constitution Sec. 5 (2), for "the Registrar of the
Court of Appeal, the Registrar of any Court of First
Instance."
38. Substituted by the Fourteenth
Amendment to the Constitution Sec. 9 (3), for "election
petitions."
39. Substituted by the Fourteenth Amendment to the
Constitution Sec. 9 (1), for "election of the
President."
40. Substituted by the Fourteenth Amendment to the
Constitution Sec. 9 (2), for "election of the President
shall be."
41. Words "and the appointment of senior
attorneys-at-law." Omitted by the Eighth Amendment to
the Constitution Sec. 3.
42. Substituted by the Thirteenth Amendment to the
Constitution Sec. 3 (a), for "committed by any Court of
First Instance."
43. Substituted by the Thirteenth Amendment to the
Constitution Sec. 3 (b), for "of which such Court of
First Instance."
44. Inserted by the First Amendment to the Constitution
Sec. 2 w.e.f. Sept. 7th 1978.
45. Original para (2) repealed and substituted by the
Eleventh Amendment to the Constitution Sec.
6.
46. Chapter XVIIA Articles 154A to
154T inserted by the Thirteenth Amendment to the
Constitution Sec. 4.
47. Inserted by the Thirteenth
Amendment to the Constitution Sec. 5.
48. Paras (8) and (9) repealed by the Tenth Amendment
to the Constitution Sec. 2 (1).
49. Paras (10) and (11) renumbered as (8) and (9) by
the Tenth Amendment to the Constitution Sec. 2 (2).
50. Substituted by the Tenth Amendment to the
Constitution Sec. 2 (3) for "contained in paragraph
(6),(7), (8) of this Article."
51. Inserted by the Sixth
Amendment to the Constitution Sec. 3.
52. Substituted by the Third
Amendment to the Constitution Sec. 4, for "shall hold
office."
53. Original para (ii) repealed and substituted by the
Second Amendment to the Constitution Sec. 2.
54. Substituted by the Sixth Amendment to the
Constitution Sec. 4 (1), for "to fill such vacancy.
Upon receipt of such nomination, the Commissioner."
55. Added by the Fifth Amendment to the Constitution
Sec. 2 (d).
56. Substituted by the Sixth Amendment to the
Constitution Sec. 4 (2)(a) for "within thirty days of
his being required to do so."
57. Substituted by the Sixth
Amendment to the Constitution Sec. 4 (2) (d), for
"vacancy, then the Commissioner of Elections."
58. Added by the Sixth Amendment to the Constitution
sec. 4(3).
59. Original para (e) repealed and substituted by the
Fourth Amendment to the Constitution Sec. 2.
60. Inserted by the Eighth Amendment to the
Constitution Sec. 4.
61. Substituted by the Thirteenth
Amendment to the Constitution Sec. 6, for "and includes
orders."
62. Inserted by the Seventh
Amendment Sec. 5.
63. Substituted by the Eleventh
Amendment to the Constitution Sec. 7 for "Fiscals
."
64. Substituted by the Sixth
Amendment to the Constitution Sec. 5.
65. Added by the Thirteenth
Amendment to the Constitution Sec. 7.
66. Added by the Thirteenth
Amendment to the Constitution Sec. 7.
|
