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| ELEVENTH AMENDMENT TO THE CONSTITUTION |
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An Act to amend the Constitution of the Democratic Socialist Republic of Sri Lanka
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: –
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[6th May
, 1987 ]
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short title.
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1. This Act may be cited as the Eleventh Amendment to the Constitution.
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Amendment of Article 111 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
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2. Article 111 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as ” the Constitution “) is hereby amended by the repeal of paragraph (1) of that Article, and the substitution of the following paragraph therefor : –
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” (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.”.
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Amendment of Article 112 of the Constitution.
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3. Article 112 of the Constitution is hereby amended in sub-paragraph (a) of paragraph (8) of that Article, by the substitution for the words “the appointment of judicial officers ; “, of the words ” the appointment of judicial officers, and scheduled public officers ;”’.
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Insertion of Article 113A in the Constitution.
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4. The following Article is hereby inserted immediately after Article 113, and shall have effect as Article 113a of the Constitution: –
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” Fiscal for the whole Island.
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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.”.
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Amendment of Article 114 of the Constitution.
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5. Article 11-1 of the Constitution is hereby amended as follows: –
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(1) in paragraph (4) of that Article, by the substitution for the words ” the power to make all transfers,”, of the words “the power to make transfers in respect of scheduled public officers,” ; and
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(2) in paragraph (6) of that Article, in the definition of ” scheduled public officer “, by the substitution for the words ” the Registrar of the Court of Appeal, the Registrar of any Court of First Instance,”, of the words ” the Registrar of the Court of Appeal, the Fiscal, the Registrar of any, Court of First Instance.
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Amendment of Article 146 of the Constitution.
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6. Article 146 of the Constitution is hereby amended by the repeal of paragraph (2) of that Article, and the substitution therefor, of the following paragraph: –
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” (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 :
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Provided that-
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(i) its jurisdiction in respect of –
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(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
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(b) other judgments and orders of the High Court, shall be exercised by at least two Judges of the Court;
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(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 ;
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(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.”.
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Amendment of the Fifth Schedule to the Constitution.
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7. The Fifth Schedule to the Constitution is hereby amended by the substitution for the item ” Fiscals”, appearing in that Schedule, of the item ” Deputy Fiscals. “.
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