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CEYLON INDEPENDENCE ORDER IN COUNCIL
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AT THE COURT AT BUCKINGHAM PALACE THE 19TH DAY OF DECEMBER, 1947
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The King’s Most Excellent Majesty in Council
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Whereas by the Ceylon (Constitution) Order in Council, 1946, (hereinafter called ” the Principal Order”) as amended by the Ceylon (Constitution) (Amendment) Order in Council, 1947, the Ceylon (Constitution) (Amendment No. 2′) Order in Council, 1947, and the Ceylon (Constitution) (Amendment No. 3) Order in Council, 1947, (hereinafter together called ” the Amending Orders “) provision is made for the Government of Ceylon and for the establishment of a Parliament in and for Ceylon :
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And whereas by the Ceylon Independence Act, 1947, provision is made for the attainment by Ceylon of fully responsible status within the British Commonwealth of Nations :
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And whereas it is expedient for the same purpose that the Principal Order and the Amending Orders should be amended in the manner hereinafter appearing :
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Now, therefore, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows : –
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[4th February
, 1948 ]
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Short title and commencement.
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1.
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(1) This Order may be cited as the Ceylon Independence Order in Council, 1947.
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(2) The Principal Order, the Amending Orders and this Order may be cited together as the Ceylon (Constitution and Independence) Orders in Council, 1946
and 1947.
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(3) This Order shall be construed as one with the Principal Order.
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(4) This Order shall come into operation on the day appointed by His Majesty by Order in Council as the appointed day for the purposes of the Ceylon Independence Act, 1947. *[* 4th February, 1948.-See section 2 of the Ceylon Independence (Commencement) Order in Council, 1947.]
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2. [Amendments incorporated in, and revocations omitted from, the Ceylon (Constitution) Order in Council, 1946.]
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(1) For section 4 of the Principal Order there
shall be substituted the following section :-
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” Appointment and functions of Governor-General.
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4.
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(1) The Governor-General shall be appointed by His Majesty, and shall have and may exercise in the Island during His Majesty’s pleasure, but subject to the provisions of this Order, such powers, authorities and functions of His Majesty as His Majesty may be pleased to assign to him.
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(2) All powers, authorities and functions vested in His Majesty or the Governor-General shall, subject to the provisions of this Order and of any other law for the time being in force, be exercised as far as may be in accordance with the constitutional conventions applicable to the exercise of similar powers, authorities and functions in the United Kingdom by His Majesty :
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Provided that no act or omission on the part of the Governor-General shall be called in question in any court of law or otherwise on the ground that the foregoing provisions of this subsection have not been complied with.”.
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(2) Every reference in the Principal Order to the Governor shall be read and construed as a reference to the Governor-General.
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3. *[* Amendments incorporated in, and revocations omitted from, the Ceylon (Constitution) Order in Council, 1946.] For subsection (4) of section 29 of the Principal Order there shall be substituted the following subsection : –
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” (4) In the exercise of its powers under this section, Parliament may amend or repeal any of the provisions of this Order, or of any other Order of His Majesty in Council in its application to the Island :
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Provided that no Bill for the amendment or repeal of any of the provisions of this Order shall be presented for the Royal Assent unless it has endorsed on it a certificate under the hand of the Speaker that the number of votes cast in favour thereof in the House of Representatives amounted to not less than two-thirds of the whole number of members of the House (including those not present).
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Every certificate of the Speaker under this subsection shall be conclusive for all purposes and shall not be questioned in any court of law. “.
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Cessation of power of His Majesty in Council to legislate for Ceylon.
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4. The power of His Majesty, His Heirs and Successors, with the advice of His or Their Privy Council-
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(a) to make laws having effect in the Island for the purposes specified in subsection (1) of section 30 of the Principal Order ; and
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(b) to revoke, add to, suspend or amend the Principal Order or the Amending Orders, or any part of those Orders,
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Cessation of reservation of Bills.
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5. No Bill passed by both Chambers of the Legislature of the Island, or by the House of Representatives alone, in accordance with the provisions of the Principal Order shall be reserved for the signification of His Majesty’s pleasure ; and the provisions in that behalf contained in sections 36 and 37 of the Principal Order shall accordingly cease to have effect.
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Consequential and minor revocations and amendments.
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6.*[* Amendments incorporated in, and revocations omitted from, the Ceylon (Constitution) Order in Council, 1946.] The provisions of the Principal Order and of the Amending Orders specified in Column 1 of the Schedule to this Order are hereby revoked to the extent, or amended in the manner, specified in Column 2 of that Schedule.
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Saving provisions.
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7. Nothing in this Order shall be construed as affecting-
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(a) the continuance, subject to the modifications made by this Order, of the Parliament of Ceylon as constituted immediately before the commencement of this Order ;
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(b) save as expressly provided by this Order, the tenure of office of any Minister, Parliamentary Secretary, Senator, or Member of the House of Representatives, or of any person appointed to any office under the provisions of the Principal Order ; or
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(c) the validity or continued operation of any Proclamation, Order, Regulation or other Instrument made under the Principal Order before the commencement of this Order, without prejudice however to any power to amend, revoke or replace any such Instrument.
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Modification of existing laws.
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8. The Governor-General may, before the expiry of a period of six months from the commencement of this Order, by Proclamation published in the Gazette, make such provision as he is satisfied is necessary or expedient, in consequence of the provisions of this Order, for modifying, adding to or adapting any written law which refers in whatever terms to the Governor or to any public officer or authority, or otherwise for bringing any written law into accord with the provisions of this Order and of the Principal Order as amended by this Order, or for giving effect to those provisions.
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Schedules
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| Chapter 377, Volume No. 11 Page No.665. |
