THE CONSTITUTION
THE CONSTITUTIONOF THEDEMOCRATIC SOCIALIST REPUBLICOF SRI LANKA(As amended up to 15th May 2015)Revised Edition – 2015Published by the Parliament SecretariatPrinted at the Department of Government PrintingRevised Edition – 2015Published by the Parliament SecretariatThis unofficial edition edited by the Bills Office of the LegislativeServices Department of Parliament of Sri Lanka reproduces thetext of the Constitution of the Democratic Socialist Republic ofSri Lanka as amended by Parliament from time to time up to theNineteenth Amendment to the Constitution. The footnotes below thetext indicate the particular Amendments to the Constitution by whichsuch Amendments have been made.The Constitution of the Democratic Socialist Republic of Sri LankavCONTENTSArticle PagePreamble .. …. …. …. …. …. …. …. …. …. …. …. xvii CHAPTER – ITHE PEOPLE , THE STATE AND SOVEREIGNTY1 The State .. …. …. …. …. …. …. …. …. …. …. …. 12 Unitary State …. …. …. …. …. …. …. …. …. …. …. 13 Sovereignty of the People …. …. …. …. …. …. …. …. 14 Exercise of Sovereignty … …. …. …. …. …. …. …. …. 15 Territory of the Republic . …. …. …. …. …. …. …. …. 26 The National Flag …. …. …. …. …. …. …. …. …. …. 27 The National Anthem …. …. …. …. …. …. …. …. …. 28 The National Day …. …. …. …. …. …. …. …. …. …. 2CHAPTER – IIBUDDHISM9 Buddhism . …. …. …. …. …. …. …. …. …. …. …. 3 CHAPTER – IIIFUNDAMENTAL RIGHTS10 Freedom of thought, conscience and religion.. …. …. …. …. 411 Freedom from torture …. …. …. …. …. …. …. …. …. 412 Right to equality …. …. …. …. …. …. …. …. …. …. 413 Freedom from arbitrary arrest, detention and punishment andprohibition of retrospective penal legislation .. …. …. …. ….414 Freedom of speech, assembly, association, occupation, movement, &c 614A Right of access to information . …. …. …. …. …. …. …. 615 Restrictions on fundamental rights . …. …. …. …. …. …. 716 Existing written law and unwritten law to continue in force 817 Remedy for the infringement of fundamental rights by executiveaction …. …. …. …. …. …. …. …. …. …. …. ….9CHAPTER – IVLANGUAGE18 Official language …. …. …. …. …. …. …. …. …. …. 1019 National languages… …. …. …. …. …. …. …. …. …. 10The Constitution of the Democratic Socialist Republic of Sri Lankavi20 Use of National languages in Parliament, Provincial Councils, andLocal Authorities …. …. …. …. …. …. …. …. …. ….1021 Medium of instruction …. …. …. …. …. …. …. …. …. 1022 Languages of administration…. …. …. …. …. …. …. …. 1123 Language of legislation…. …. …. …. …. …. …. …. …. 1324 Languages of the courts … …. …. …. …. …. …. …. …. 1325 Provision for adequate facilities for use of languages provided for inthis Chapter …. …. …. …. …. …. …. …. …. …. ….1525 A Provision of any law inconsistent with this Chapter deemed to berepealed…. …. …. …. …. …. …. …. …. …. …. ….15CHAPTER – VCITIZENSHIP26 Citizenship of Sri Lanka .. …. …. …. …. …. …. …. …. 16CHAPTER – VIDIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES27 Directive Principles of State Policy . …. …. …. …. …. …. 1728 Fundamental duties .. …. …. …. …. …. …. …. …. …. 1929 Principles of State Policy and fundamental duties not justifiable 19CHAPTER – VIITHE EXECUTIVETHE PRESIDENT OF THE REPUBLIC30 The President of the Republic.. …. …. …. …. …. …. …. 2031 The election and the term of office of the President …. …. …. 2032 Assumption of office …. …. …. …. …. …. …. …. …. 2333 Duties, powers and functions of the President. …. …. …. …. 2433A President to be responsible to Parliament …. …. …. …. …. 2534 Grant of pardon …. …. …. …. …. …. …. …. …. …. 2535 Immunity of President from suit …. …. …. …. …. …. …. 2636 Salary and pension … …. …. …. …. …. …. …. …. …. 2737 Exercise, performance and discharge of powers, duties and functionsof the President by the Prime Minister …. …. …. …. …. ….2738 Vacation of office by President …. …. …. …. …. …. …. 2839 Determination by the Supreme Court that the President was not dulyelected or the election of the President was void …. …. …. ….3040 Vacation of office by President and election of succeeding President 3141 President’s staff …. …. …. …. …. …. …. …. …. …. 32The Constitution of the Democratic Socialist Republic of Sri LankaviiCHAPTER – VII ATHE CONSTITUTIONAL COUNCIL41A Constitution of the Constitutional Council …. …. …. …. …. 3341B Council to recommend appointments …. …. …. …. …. …. 3541C Council to approve appointments …. …. …. …. …. …. …. 3641D Secretary-General and other officers of the Council …. …. …. 3741E Meetings of the Council… …. …. …. …. …. …. …. …. 3741F Continuation in office of the members of the Council …. …. …. 3841G Powers and duties of the Council …. …. …. …. …. …. …. 3941H Expenses to be charged on the Consolidated Fund.. …. …. …. 3941I Finality of decisions of the Council . …. …. …. …. …. …. 39CHAPTER – VIIITHE EXECUTIVETHE CABINET OF MINISTERS42 Prime Minister and the Cabinet of Ministers… …. …. …. …. 4043 Ministers and their subjects and functions …. …. …. …. …. 4044 Ministers who are not members of the Cabinet of Ministers 4045 Deputy Ministers …. …. …. …. …. …. …. …. …. …. 4146 Tenure of office of the Prime Minister, and the limitation of numbersand tenure of office of Ministers and Deputy Ministers .. …. ….4147 Cabinet of Ministers after dissolution of Parliament …. …. …. 4248 Dissolution of the Cabinet of Ministers … …. …. …. …. …. 4349 Acting Ministers and Deputy Ministers… …. …. …. …. …. 4350 Secretary to the Cabinet of Ministers …. …. …. …. …. …. 4451 Secretary to the Prime Minister …. …. …. …. …. …. …. 4452 Secretaries to Ministries… …. …. …. …. …. …. …. …. 4453 Official oath and affirmation … …. …. …. …. …. …. …. 44CHAPTER – IXTHE EXECUTIVETHE PUBLIC SERVICE54 Public Service Commission …. …. …. …. …. …. …. …. 4555 Powers and Functions of Cabinet of Ministers and of the Commission 4756 Committees of the Commission …. …. …. …. …. …. …. 4757 Delegation of Powers to a Public officer . …. …. …. …. …. 4758 Right of Appeal …. …. …. …. …. …. …. …. …. …. 4859 Administrative Appeals Tribunal …. …. …. …. …. …. …. 48The Constitution of the Democratic Socialist Republic of Sri Lankaviii60 Commission not to Exercise Power where there is Delegation 4861 Procedure at Meetings …. …. …. …. …. …. …. …. …. 4961A Immunity from legal proceedings…. …. …. …. …. …. …. 4961B Savings of Rules and Regulations in force …. …. …. …. …. 4961C Interference with the Commission… …. …. …. …. …. …. 4961D Oath or Affirmation of office… …. …. …. …. …. …. …. 5061E Appointments by the President …. …. …. …. …. …. …. 5061F Interpretation…. …. …. …. …. …. …. …. …. …. …. 50CHAPTER – XTHE LEGISLATURE PARLIAMENT62 Parliament …. …. …. …. …. …. …. …. …. …. …. 5163 Official oath or affirmation …. …. …. …. …. …. …. …. 5164 Speaker , Deputy Speaker and Deputy Chairman of Committees 5165 Secretary-General of Parliament …. …. …. …. …. …. …. 5266 Vacation of seats …. …. …. …. …. …. …. …. …. …. 5367 Privileges, immunities and powers of Parliament and Members 5368 Allowances of Members .. …. …. …. …. …. …. …. …. 5369 Powers of Parliament to act notwithstanding vacancies .. …. …. 54CHAPTER – XITHE LEGISLATUREPROCEDURE AND POWERS70 Sessions of Parliament …. …. …. …. …. …. …. …. …. 5571 Adjournment …. …. …. …. …. …. …. …. …. …. …. 5672 Voting …. …. …. …. …. …. …. …. …. …. …. …. 5673 Quorum …. …. …. …. …. …. …. …. …. …. …. …. 5674 Standing Orders …. …. …. …. …. …. …. …. …. …. 5775 Legislative power …. …. …. …. …. …. …. …. …. …. 5776 Delegation of legislative power …. …. …. …. …. …. …. 5777 Duties of Attorney-General in regard to published Bills . …. …. 5878 Publication of Bills and passing of Bills and resolutions …. …. 5879 Certificate of Speaker …. …. …. …. …. …. …. …. …. 5880 When Bill becomes law … …. …. …. …. …. …. …. …. 5981 Expulsion of Members and imposition of civic disability …. …. 60The Constitution of the Democratic Socialist Republic of Sri LankaixCHAPTER – XIITHE LEGISLATUREAMENDMENT OF THE CONSTITUTION82 Amendment or repeal of the Constitution must be expressed 6283 Approval of certain Bills at a Referendum …. …. …. …. …. 6384 Bills inconsistent with the Constitution … …. …. …. …. …. 63CHAPTER – XIIITHE REFERENDUM85 Submission of Bills to People by Referendum …. …. …. …. 6486 Submission of matters of national importance to People byReferendum …. …. …. …. …. …. …. …. …. …. ….6487 Parliament to provide for procedure …. …. …. …. …. …. 64CHAPTER – XIVTHE FRANCHISE AND ELECTIONS88 Right to be an elector …. …. …. …. …. …. …. …. …. 6589 Disqualification to be an elector …. …. …. …. …. …. …. 6590 Qualification for election as a Member of Parliament …. …. …. 6891 Disqualification for election as a Member of Parliament …. …. 6892 Disqualification for election as President …. …. …. …. …. 7193 Election to be free, equal and secret …. …. …. …. …. …. 7194 Election of the President .. …. …. …. …. …. …. …. …. 7295 Delimitation Commission …. …. …. …. …. …. …. …. 7396 Electoral Districts …. …. …. …. …. …. …. …. …. …. 7396A (Repealed) 7497 Proclamation of names, &c. of electoral districts …. …. …. …. 7498 Number of Members to be returned by the several electoral districtsand their apportionment among such electoral districts7499 Proportional representation …. …. …. …. …. …. …. …. 7599A Election of Members of Parliament on the basis of the total number ofvotes polled at a General Election … …. …. …. …. …. ….78100 Penalty for sitting and voting in Parliament when disqualified 80101 Parliament may make provision in respect of elections… …. …. 80102 Public officer or an officer of a public corporation not to functionduring period of election.. …. …. …. …. …. …. …. ….81The Constitution of the Democratic Socialist Republic of Sri LankaxCHAPTER – XIV AELECTION COMMISSION103 Election Commission …. …. …. …. …. …. …. …. …. 82104 Meetings of the Commission … …. …. …. …. …. …. …. 83104A Finality of decisions and immunity from suit.. …. …. …. …. 83104B Powers, functions and duties of the commission …. …. …. …. 84104C Deployment of Police by the Commission …. …. …. …. …. 86104D Deployment of Armed Forces.. …. …. …. …. …. …. …. 86104E Commissioner General of Elections and Other Officers of theCommission …. …. …. …. …. …. …. …. …. …. ….87104F Returning Officers … …. …. …. …. …. …. …. …. …. 88104G Public Officers …. …. …. …. …. …. …. …. …. …. 88104GG Failure to comply with directions to be an offence . …. …. …. 88104H Power of Supreme Court to issue Writs… …. …. …. …. …. 89104J Interpretation…. …. …. …. …. …. …. …. …. …. …. 89CHAPTER – XVTHE JUDICIARY105 Establishment of Courts, &c …. …. …. …. …. …. …. …. 90106 Public sittings… …. …. …. …. …. …. …. …. …. …. 91INDEPENDENCE OF THE JUDICIARY107 Appointment and removal of Judges of the Supreme Court and Courtof Appeal.. …. …. …. …. …. …. …. …. …. …. ….91108 Salaries of Judges of the Supreme Court and Court of Appeal 92109 Acting appointments …. …. …. …. …. …. …. …. …. 92110 Performance or discharge of other duties or functions by Judges 93111 Appointment, removal and disciplinary control of Judges of the HighCourt …. …. …. …. …. …. …. …. …. …. …. ….93111A Commissioners of the High Court … …. …. …. …. …. …. 94111B Fiscal for the Whole Island …. …. …. …. …. …. …. …. 94111C Interference with Judiciary an Offence…. …. …. …. …. …. 94CHAPTER – XV AJUDICIAL SERVICE COMMISSION111D Constitution of the Judicial Service Commission…. …. …. …. 96111E Meetings of the Commission … …. …. …. …. …. …. …. 96111F Allowances of Members of the Commission… …. …. …. …. 97111G Secretary to the Commission … …. …. …. …. …. …. …. 97The Constitution of the Democratic Socialist Republic of Sri Lankaxi111H Powers of the Commission …. …. …. …. …. …. …. …. 97111J Judicial officers and scheduled public officers may resign …. …. 98111K Immunity from legal proceedings…. …. …. …. …. …. …. 98111L Interference with the Commission an offence . …. …. …. …. 98111M Interpretation…. …. …. …. …. …. …. …. …. …. …. 98112-117 [ Repealed ]CHAPTER – XVITHE SUPERIOR COURTSThe Supreme Court118 General jurisdiction of Supreme Court…. …. …. …. …. …. 100119 Constitution of Supreme Court …. …. …. …. …. …. …. 100120 Constitutional Jurisdiction of the Supreme Court…. …. …. …. 101121 Ordinary exercise of constitutional jurisdiction in respect of Bills 101122 [ Repealed ]123 Determination of Supreme Court in respect of Bills …. …. …. 101124 Validity of Bills and legislative process not to be questioned 103125 Constitutional jurisdiction in the interpretation of the Constitution 103126 Fundamental rights jurisdiction and its exercise …. …. …. …. 103127 Appellate jurisdiction …. …. …. …. …. …. …. …. …. 104128 Right of appeal …. …. …. …. …. …. …. …. …. …. 104129 Consultative jurisdiction . …. …. …. …. …. …. …. …. 105130 Jurisdiction in election and referendum petitions … …. …. …. 106131 Jurisdiction in respect of the breaches of Parliamentary privileges 106132 Sittings of the Supreme Court.. …. …. …. …. …. …. …. 106133 Appointment of ad hoc judges . …. …. …. …. …. …. …. 107134 Right to be heard by the Supreme court… …. …. …. …. …. 107135 Registry of the Supreme Court and office of Registrar … …. …. 107136 Rules of the Supreme Court …. …. …. …. …. …. …. …. 108THE COURT OF APPEAL137 The Court of Appeal …. …. …. …. …. …. …. …. …. 109138 Jurisdiction of the Court of Appeal.. …. …. …. …. …. …. 109139 Powers in appeal …. …. …. …. …. …. …. …. …. …. 110140 Power to issue writs other than writs of habeas corpus … …. …. 110141 Power to issue writs of habeas corpus …. …. …. …. …. …. 110142 Power to bring up and remove prisoners . …. …. …. …. …. 111The Constitution of the Democratic Socialist Republic of Sri Lankaxii143 Power to grant injunctions …. …. …. …. …. …. …. …. 111144 Parliamentary election petitions …. …. …. …. …. …. …. 112145 Inspection of records …. …. …. …. …. …. …. …. …. 112146 Sittings of the Court of Appeal …. …. …. …. …. …. …. 113147 Registry of the Court of Appeal and office of Registrar.. …. …. 113CHAPTER – XVIIFINANCE148 Control of Parliament over public finance …. …. …. …. …. 114149 Consolidated Fund … …. …. …. …. …. …. …. …. …. 114150 Withdrawal of sums from Consolidated Fund. …. …. …. …. 114151 Contingencies Fund . …. …. …. …. …. …. …. …. …. 115152 Special provisions as to Bills affecting public revenue … …. …. 115153 Auditor-General …. …. …. …. …. …. …. …. …. …. 115153A Constitution of the Audit Service Commission. …. …. …. …. 116153B Meeting of the Commission. …. …. …. …. …. …. …. …. 117153C Powers and Functions of the Commission. …. …. …. …. …. 117153D Influencing or attempting to influence decision of the Commission orany officer of the Sri Lanka State Audit Service, to be an offence.118153E Immunity from legal proceedings … …. …. …. …. …. …. 118153F Costs and expenses . …. …. …. …. …. …. …. …. …. 118153G Appeals to the Administrative Appeals Tribunal….. …. …. …. 118153H Commission to be answerable to Parliament. .. …. …. …. …. 118154 Duties and functions of Auditor-General. …. …. …. …. …. 118 CHAPTER – XVII A154A Establishment of Provincial Councils …. …. …. …. …. …. 122154B Governor .. …. …. …. …. …. …. …. …. …. …. …. 122154C Exercise of executive powers by the Governor …. …. …. …. 124154D Membership of Provincial Council.. …. …. …. …. …. …. 125154E Term of office .. …. …. …. …. …. …. …. …. …. …. 125154F Board of Ministers … …. …. …. …. …. …. …. …. …. 125154G Statutes of Provincial Councils …. …. …. …. …. …. …. 126154H Assent …. …. …. …. …. …. …. …. …. …. …. …. 128154J Public Security. …. …. …. …. …. …. …. …. …. …. 129154K Failure to comply with directions …. …. …. …. …. …. …. 130154L Failure of administrative machinery …. …. …. …. …. …. 130154M Parliament to confer powers of Provincial Council to President 132The Constitution of the Democratic Socialist Republic of Sri Lankaxiii154N Financial Instability . …. …. …. …. …. …. …. …. …. 132154P High Court …. …. …. …. …. …. …. …. …. …. …. 133154Q Functions, powers, election &c. of Provincial Councils.. …. …. 134154R Finance Commission …. …. …. …. …. …. …. …. …. 135154S Special Provision enabling Provincial Councils not to Exercisepowers under this Chapter …. …. …. …. …. …. …. ….136154T Transitional measures …. …. …. …. …. …. …. …. …. 136 CHAPTER – XVIIIPUBLIC SECURITY155 Public Security. …. …. …. …. …. …. …. …. …. …. 137 CHAPTER – XVIII ANATIONAL POLICE COMMISSION155A Constitution of the National Police Commission …. …. …. …. 140155B Meetings of the Commission … …. …. …. …. …. …. …. 141155C Immunity from legal proceedings…. …. …. …. …. …. …. 142155D Secretary to the Commission … …. …. …. …. …. …. …. 142155E Costs and Expenses.. …. …. …. …. …. …. …. …. …. 142155F Interference with the Commission… …. …. …. …. …. …. 142155FF [ Repealed ]155FFF Commission to make Rules …. …. …. …. …. …. …. …. 143155G Powers of the Commission …. …. …. …. …. …. …. …. 144155H Delegation of certain powers of the Commission to a Committee 144155J Delegation of certain functions by the Commission …. …. …. 144155K Right of Appeal …. …. …. …. …. …. …. …. …. …. 145155L Appeals to the Administrative Appeals Tribunal …. …. …. …. 145155M Saving of Existing Rules and Regulations …. …. …. …. …. 145155N Commission Answerable to Parliament… …. …. …. …. …. 145CHAPTER – XIXTHE PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION156 Parliamentary Commissioner for Administration 146CHAPTER – XIXACOMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY ORCORRUPTION156A Commission to Investigate Allegations of Bribery or Corruption 147CHAPTER – XIXBNATIONAL PROCUREMENT COMMISSIONThe Constitution of the Democratic Socialist Republic of Sri Lankaxiv156B National Procurement Commission . …. …. …. …. …. …. 148156C Functions of the Commission .. …. …. …. …. …. …. …. 148156D Powers of the Commission …. …. …. …. …. …. …. …. 149156E Meetings of the Commission … …. …. …. …. …. …. …. 150156F Staff of the Commission .. …. …. …. …. …. …. …. …. 150156G Expenses of the Commission to be charged on the Consolidated Fund 151156H Interpretation…. …. …. …. …. …. …. …. …. …. …. 151CHAPTER – XXGENERAL157 International Treaties and Agreements …. …. …. …. …. …. 152157A Prohibition against violation of territorial integrity of Sri Lanka 152158 Delegation …. …. …. …. …. …. …. …. …. …. …. 156159 Deputy Speaker to act for Speaker… …. …. …. …. …. …. 156CHAPTER – XXITRANSITIONAL PROVISIONS160 First President .. …. …. …. …. …. …. …. …. …. …. 157161 First Parliament …. …. …. …. …. …. …. …. …. …. 157162 Application of certain provisions …. …. …. …. …. …. …. 163163 Judges of Supreme court and High court to cease to hold office 163164 Continuation in office of Judges, public officers and others 164165 Oath or affirmation to be taken or made by public officers and others 164166 Powers, privileges, immunities and rights of the Republic 165167 Rights, duties and obligations of the Republic …. …. …. …. 165168 Past operation of laws, previous acts, offences and pending actions&c….. …. …. …. …. …. …. …. …. …. …. …. ….165169 Provisions relating to judiciary …. …. …. …. …. …. …. 166169A Provision relating to Queen’s Counsel and Senior Attorneys-at-Law 172 CHAPTER – XXIIINTERPRETATION170 Interpretation…. …. …. …. …. …. …. …. …. …. …. 173 CHAPTER – XXIIIREPEAL171 Repeal …. …. …. …. …. …. …. …. …. …. …. …. 176The Constitution of the Democratic Socialist Republic of Sri Lankaxv CHAPTER – XXIVPROMULGATION OF THE CONSTITUTION172 Promulgation of the Constitution …. …. …. …. …. …. …. 177Other Consequential Amendments in the Nineteenth Amendment tothe Constitution178SCHEDULESFirst Schedule… …. …. …. …. …. …. …. …. …. …. 182Second Schedule …. …. …. …. …. …. …. …. …. …. 183Third Schedule . …. …. …. …. …. …. …. …. …. …. 185Fourth Schedule …. …. …. …. …. …. …. …. …. …. 189Fifth Schedule .. …. …. …. …. …. …. …. …. …. …. 190Sixth Schedule . …. …. …. …. …. …. …. …. …. …. 191Seventh Schedule …. …. …. …. …. …. …. …. …. …. 192Eighth Schedule …. …. …. …. …. …. …. …. …. …. 193Ninth Schedule. …. …. …. …. …. …. …. …. …. …. 194APPENDIXESAppendix I …. …. …. …. …. …. …. …. …. …. …. 200Appendix II …. …. …. …. …. …. …. …. …. …. …. 206Appendix III …. …. …. …. …. …. …. …. …. …. …. 209The Constitution of the Democratic Socialist Republic of Sri LankaxviiSVASTIThe PEOPLE OF SRI LANKA having, by their Mandate freely expressed andgranted on the Sixth day of the waxing moon in the month of Adhi Nikini in the yearTwo Thousand Five Hundred and Twenty one of the Buddhist Era (being Thursdaythe Twenty first day of the month of July in the year One Thousand Nine Hundredand Seventy seven), entrusted to and empowered their Representatives elected on thatday to draft, adopt and operate a new Republican Constitution in order to achieve thegoals of a DEMOCRATIC SOCIALIST REPUBLIC, and having solemnly resolvedby the grant of such Mandate and the confidence reposed in their said Representativeswho were elected by an overwhelming majority, to constitute SRI LANKA into aDEMOCRATIC SOCIALIST REPUBLIC whilst ratifying the immutable republicanprinciples of REPRESENTATIVE DEMOCRACY and assuring to all People sFREEDOM, EQUALITY, JUSTICE , FUNDAMENTAL HUMAN RIGHTS and theINDEPENDENCE OF THE JUDICIARY as the intangible heritage that guaranteesthe dignity and well-being of succeeding generations of the People of SRI LANKAand of all the People of the World, who come to share with those generations the effortof working for the creation and preservation of a JUST AND FREE SOCIETY :WE, THE FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OFSRI LANKA, in pursuance of such Mandate, humbly acknowledging our obligationsto our People and gratefully remembering their heroic and unremitting struggle toregain and preserve their rights and privileges so that the Dignity and Freedom of theIndividual may be assured, Just, Social, Economic and Cultural Order attained, theUnity of the Country restored, and Concord established with other Nations,do hereby adopt and enactthis CONSTITUTIONas theSUPREME LAWof theDEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.The Constitution of the Democratic Socialist Republic of Sri LankaxviiiThe Constitution of the Democratic Socialist Republic of Sri Lanka1CHAPTER ITHE PEOPLE, THE STATE AND SOVEREIGNTY1. Sri Lanka (Ceylon) is a Free, Sovereign, Independentand Democratic Socialist Republic and shall be known as theDemocratic Socialist Republic of Sri Lanka.2. The Republic of Sri Lanka is a Unitary State.3. In the Republic of Sri Lanka sovereignty is in thePeople and is inalienable. Sovereignty includes the powers ofgovernment, fundamental rights and the franchise.4. The Sovereignty of the People shall be exercised andenjoyed in the following manner :–(a) the legislative power of the People shall be exercisedby Parliament, consisting of elected representativesof the People and by the People at a Referendum ;(b) the executive power of the People, including thedefence of Sri Lanka, shall be exercised by thePresident of the Republic elected by the People ;(c) the judicial power of the People shall be exercised byParliament through courts, tribunals and institutionscreated and established, or recognized, by theConstitution, or created and established by law, exceptin regard to matters relating to the privileges, immunitiesand powers of Parliament and of its Members, whereinthe judicial power of the People may be exerciseddirectly by Parliament according to law ;(d) the fundamental rights which are by the Constitutiondeclared and recognized shall be respected, securedand advanced by all the organs of government andshall not be abridged, restricted or denied, save in themanner and to the extent hereinafter provided; and(e) the franchise shall be exercisable at the election ofthe President of the Republic and of the Members ofParliament and at every Referendum by every citizenwho has attained the age of eighteen years andwho, being qualifid to be an elector as hereinafterprovided, has his name entered in the register ofelectors.The State.Unitary State.Sovereignty of thePeople.Exercise ofSovereignty.The Constitution of the Democratic Socialist Republic of Sri Lanka25. The territory of the Republic of Sri Lanka shall consist ofthe 1[twenty- five] administrative districts, the names of whichare set out in the First Schedule and its 2[territorial waters: Provided that such administrative districts may be subdividedor amalgamated so as to constitute different administrativedistricts, as Parliament may by resolution determine].6. The National Flag of the Republic of Sri Lanka shall bethe Lion Flag depicted in the Second Schedule.7. The National Anthem of the Republic of Sri Lanka shallbe “Sri Lanka Matha”, the words and music of which are set outin the Third Schedule.8. The National Day of the Republic of Sri Lanka shall bethe fourth day of February.Territory of theRepublic.The National Flag.The NationalAnthem.The National Day.1 – Substituted by Seventh Amendment to the Constitution Sec. 2(a) for “twenty four”.2 – Substituted by Seventh Amendment to the Constitution Sec. 2(b) for “territorial waters”.The Constitution of the Democratic Socialist Republic of Sri Lanka3CHAPTER IIBUDDHISM9. The Republic of Sri Lanka shall give to Buddhism theforemost place and accordingly it shall be the duty of the Stateto protect and foster the Buddha Sasana, while assuring to allreligions the rights granted by Articles 10 and 14(1)(e).BuddhismThe Constitution of the Democratic Socialist Republic of Sri Lanka4CHAPTER IIIFUNDAMENTAL RIGHTS10. Every person is entitled to freedom of thought, conscienceand religion, including the freedom to have or to adopt a religionor belief of his choice.11. No person shall be subjected to torture or to cruel,inhuman or degrading treatment or punishment.12. (1) All persons are equal before the law and are entitledto the equal protection of the law.(2) No citizen shall be discriminated against on the groundsof race, religion, language, caste, sex, political opinion, place ofbirth or any one of such grounds : Provided that it shall be lawful to require a person toacquire within a reasonable time sufficient knowledge of anylanguage as a qualification for any employment or office in thePublic, Judicial or Local Government Service or in the serviceof any Public Corporation, where such knowledge is reasonablynecessary for the discharge of the duties of such employment oroffice : Provided further that it shall be lawful to require a person tohave a sufficient knowledge of any language as a qualificationfor any such employment or office where no function of thatemployment or office can be discharged otherwise than with aknowledge of that language.(3) No person shall, on the grounds of race, religion,language, caste, sex or any one of such grounds, be subjectto any disability, liability, restriction or condition with regardto access to shops, public restaurants, hotels, places of publicentertainment and places of public worship of his own religion.(4) Nothing in this Article shall prevent special provisionbeing made, by law, subordinate legislation or executive action,for the advancement of women, children or disabled persons.13. (1) No person shall be arrested except according toprocedure established by law. Any person arrested shall beinformed of the reason for his arrest.(2) Every person held in custody, detained or otherwisedeprived of personal liberty shall be brought before the judge ofFreedom of thought,conscience andreligion.Freedom fromtorture.Right to equality.Freedom fromarbitrary arrest,detention andpunishment, andprohibition ofretrospective penallegislation.The Constitution of the Democratic Socialist Republic of Sri Lanka5the nearest competent court according to procedure establishedby law and shall not be further held in custody, detained ordeprived of personal liberty except upon and in terms of the orderof such judge made in accordance with procedure established bylaw.(3) Any person charged with an offence shall be entitled tobe heard, in person or by an attorney-at-law, at a fair trial by acompetent court.(4) No person shall be punished with death or imprisonmentexcept by order of a competent court, made in accordance withprocedure 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 isproved guilty :Provided that the burden of proving particular facts may, bylaw, be placed on an accused person.(6) No person shall be held guilty of an offence on accountof any act or omission which did not, at the time of such actor omission, constitute such an offence and no penalty shall beimposed for any offence more severe than the penalty in force atthe time such offence was committed.Nothing in this Article shall prejudice the trial and punishmentof any person for any act or omission which, at the time when itwas committed, was criminal according to the general principlesof law recognized by the community of nations.It shall not be contravention of this Article to require theimposition of a minimum penalty for an offence provided thatsuch penalty does not exceed the maximum penalty prescribedfor such offence at the time such offence was committed.(7) The arrest, holding in custody, detention or otherdeprivation of personal liberty of a person, by reason of a removalorder or a deportation order made under the provisions of theImmigrants and Emigrants Act or the Indo-Ceylon Agreement(Implementation) Act, No. 14 of 1967, or such other law as maybe enacted in substitution therefor, shall not be a contraventionof this Article.The Constitution of the Democratic Socialist Republic of Sri Lanka614. (1) Every citizen is entitled to –(a) the freedom of speech and expression includingpublication ;(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 withothers, and either in public or in private, to manifesthis religion or belief in worship, observance, practiceand teaching;(f) the freedom by himself or in association with othersto enjoy and promote his own culture and to use hisown language;(g) the freedom to engage by himself or in associationwith others in any lawful occupation, profession,trade, business or enterprise ;(h) the freedom of movement and of choosing hisresidence within Sri Lanka ; and(i) the freedom to return to Sri Lanka.(2) A person who, not being a citizen of any other country, hasbeen permanently and legally resident in Sri Lanka immediatelyprior to the commencement of the Constitution and continues tobe so resident shall be entitled, for a period of ten years from thecommencement of the Constitution, to the rights declared andrecognized by paragraph (1) of this Article.3[ 14A. (1) Every citizen shall have the right of access toany information as provided for by law, being information thatis required for the exercise or protection of a citizen’s right heldby:-(a) the State, a Ministry or any Government Departmentor any statutory body established or created by orunder any law;(b) any Ministry of a Minster of the Board of Ministers ofa Province or any Department or any statutory bodyestablished or created by a statute of a ProvincialCouncil;Right of access toinformation.3 – Inserted by Sec. 2 of the Nineteenth Amendment to the ConstitutionFreedom ofspeech, assembly,association,occupation,movement &c.The Constitution of the Democratic Socialist Republic of Sri Lanka7(c) any local authority; and(d) any other person, who is in possession of suchinformation relating to any institution referred to insub-paragraphs (a) (b) or (c) of this paragraph.(2) No restrictions shall be placed on the right declared andrecognized by this Article, other than such restrictions prescribedby law as are necessary in a democratic society, in the interestsof national security, territorial integrity or public safety, for theprevention of disorder or crime, for the protection of health ormorals and of the reputation or the rights of others, privacy,prevention of contempt of court, protection of parliamentaryprivilege, for preventing the disclosure of informationcommunicated in confidence, or for maintaining the authorityand impartiality of the judiciary.(3) In this Article, “citizen” includes a body whetherincorporated or unincorporated, if not less than three-fourths ofthe members of such body are citizens.15. (1) The exercise and operation of the fundamental rightsdeclared and recognized by Articles 13(5) and 13(6) shall besubject only to such restrictions as may be prescribed by lawin the interests of national security. For the purposes of thisparagraph “law” includes regulations made under the law for thetime being relating to public security.(2) The exercise and operation of the fundamental rightdeclared and recognized by Article 14(1)(a) shall be subject tosuch restrictions as may be prescribed by law in the interestsof racial and religious harmony or in relation to parliamentaryprivilege, contempt of court, defamation or incitement to anoffence.(3) The exercise and operation of the fundamental rightdeclared and recognized by Article 14(1)(b) shall be subject tosuch restrictions as may be prescribed by law in the interests ofracial and religious harmony.(4) The exercise and operation of the fundamental rightdeclared and recognized by Article 14(1)(c) shall be subject tosuch restrictions as may be prescribed by law in the interests ofracial and religious harmony or national economy.(5) The exercise and operation of the fundamental rightdeclared and recognized by Article 14(1)(g) shall be subject toRestrictions onfundamental rightsThe Constitution of the Democratic Socialist Republic of Sri Lanka8such restrictions as may be prescribed by law in the interests ofnational economy or in relation to –(a) the professional, technical, academic, fiancialand other qualifiations necessary for practisingany profession or carrying on any occupation,trade, business or enterprise and the licensing anddisciplinary control of the person entitled to suchfundamental right; and(b) the carrying on by the State, a State agency or a publiccorporation of any trade, business, industry, serviceor enterprise whether to the exclusion, complete orpartial, of citizens or otherwise.(6) The exercise and operation of the fundamental rightdeclared and recognized by Article 14(1)(h) shall be subject tosuch restrictions as may be prescribed by law in the interests ofnational economy.(7) The exercise and operation of all the fundamental rightsdeclared and recognized by Articles 12, 13(1), 13(2) and 14 shallbe subject to such restrictions as may be prescribed by law inthe interests of national security, public order and the protectionof public health or morality, or for the purpose of securing duerecognition and respect for the rights and freedoms of others,or of meeting the just requirements of the general welfare ofa democratic society. For the purposes of this paragraph “law”includes regulations made under the law for the time beingrelating to public security.(8) The exercise and operation of the fundamental rightsdeclared and recognized by Articles 12(1), 13 and 14 shall, intheir application to the members of the Armed Forces, PoliceForce and other Forces charged with the maintenance of publicorder, be subject to such restrictions as may be prescribed bylaw in the interests of the proper discharge of their duties and themaintenance of discipline among them.16. (1) All existing written law and unwritten law shall bevalid and operative notwithstanding any inconsistency with thepreceding provisions of this Chapter.(2) The subjection of any person on the order of a competentcourt to any form of punishment recognized by any existingwritten law shall not be a contravention of the provisions of thisChapter.Existing written lawand unwritten lawto continue in force.The Constitution of the Democratic Socialist Republic of Sri Lanka917. Every person shall be entitled to apply to the SupremeCourt, as provided by Article 126, in respect of the infringementor imminent infringement, by executive or administrative action,of a fundamental right to which such person is entitled under theprovisions of this Chapter.Remedy for theinfringement offundamental rightsby executive action.The Constitution of the Democratic Socialist Republic of Sri Lanka10CHAPTER IVLANGUAGE18. 4[(1)] The Official Language of Sri Lanka shall beSinhala.5[(2) Tamil shall also be an offiial language.(3) English shall be the link language.(4) Parliament shall by law provide for the implementationof the provisions of this Chapter].19. The National Languages of Sri Lanka shall be Sinhalaand Tamil.20. A Member of Parliament or 6[a member of a ProvincialCouncil or a Local Authority] shall be entitled to perform hisduties and discharge his functions in Parliament 7[or in suchProvincial Council or Local Authority] in either of the NationalLanguages.21. (1) A person shall be entitled to be educated through themedium of either of the National Languages :Provided that the provisions of this paragraph shall notapply to an institution of higher education where the medium ofinstruction is a language other than a National Language.(2) Where one National Language is a medium of instructionfor or in any course, department or faculty of any Universitydirectly or indirectly financed by the State, the other NationalLanguage shall also be made a medium of instruction for or insuch course, department or faculty for students who prior totheir admission to such University, were educated through themedium of such other National Language :Provided that compliance with the preceding provisionsof this paragraph shall not be obligatory if such other NationalLanguage is the medium of instruction for or in any like course,department or faculty either at any other campus or branch ofsuch University or of any other like University.4 – Renumbered as paragraph (1) of Article 18 by Section 2(a) of the Thirteenth Amendment to the Constitution.5 – Added by Section 2(b) of the Thirteenth Amendment to the Constitution.6 – Substituted by Section 2(1) of the Sixteenth Amendment to the Constitution for “or a Member of a LocalAuthority”.7 – Substituted by Section 2(2) of the Sixteenth Amendment to the Constitution for “or in such Local Authority”.Official Language.National Languages.Use of NationalLanguages inParliament,ProvincialCouncils and LocalAuthorities.Medium ofinstruction.The Constitution of the Democratic Socialist Republic of Sri Lanka11(3) In this Article “University” includes any institution ofhigher education.8[22. (1) Sinhala and Tamil shall be the languages ofadministration throughout Sri Lanka and Sinhala shall be thelanguage of administration and be used for the maintenanceof public records and the transaction of all business by publicinstitutions of all the Provinces of Sri Lanka other than theNorthern and Eastern Provinces where Tamil shall be so used :Provided that the President may, having regard to theproportion which the Sinhala or Tamil linguistic minoritypopulation in any unit comprising a division of an AssistantGovernment Agent, bears to the total population of that area,direct that both Sinhala and Tamil or a language other than thelanguage used as the language of administration in the provincein which such area may be situated, be used as the language ofadministration for such area.(2) In any area where Sinhala is used as the language ofadministration a person other than an official acting in hisofficial capacity, shall be entitled :(a) to receive communications from and to communicateand transact business with, any offiial in his offiialcapacity, in either Tamil or English ;(b) If the law recognizes his right to inspect or to obtaincopies of or extracts from any offiial register, record,publication or other document, to obtain a copy of, oran extract from such register, record, publication orother document, or a translation thereof, as the casemay be, in either Tamil or English;(c) where a document is executed by any offiial forthe purpose of being issued to him, to obtain suchdocument or a translation thereof, in either Tamil orEnglish ;(3) In any area where Tamil is used as the language ofadministration, a person other than an official acting in hisofficial capacity, shall be entitled to exercise the rights and toobtain the services, referred to in sub paragraphs (a), (b) and (c)of paragraph (2) of this Article, in Sinhala or English.Languages ofAdministration.8 – Original Article 22 replaced by Section 3 of the Sixteenth Amendment to the Constitution.The Constitution of the Democratic Socialist Republic of Sri Lanka12(4) A Provincial Council or a Local Authority whichconducts its business in Sinhala shall be entitled to receivecommunications from and to communicate and transactbusiness with, any official in his official capacity, in Sinhala anda Provincial Council or a Local Authority which conducts itsbusiness in Tamil shall be entitled to receive communicationsfrom and to communicate and transact business with, anyofficial in his official capacity, in Tamil :Provided, however, that a Provincial Council, Local Authority,Public Institution or any official receiving communications fromtransacting business with any other or Provincial Council, LocalAuthority, Public Institution or an official functioning in anarea in which a different language is used as the Language ofadministration shall be entitled to receive communications fromand to communicate and transact business in English.(5) A person shall be entitled to be examined through themedium of either Sinhala or Tamil or a language of his choiceat any examination for the admission of persons to the PublicService, Judicial Service, Provincial Public Service, LocalGovernment Service or any public institution, subject tothe condition that he may be required to acquire a sufficientknowledge of Tamil or Sinhala, as the case may be, within areasonable time after admission to such service or publicinstitution where such knowledge is reasonably necessary forthe discharge of his duties :Provided that a person may be required to have a sufficientknowledge of Sinhala or Tamil, as a condition for admissionto any such service or public institution where no functionof the office or employment for which he is recruited can bedischarged otherwise than with a sufficient knowledge of suchlanguage.(6) In this Article –“Official” means the President, any Minister, DeputyMinister, Governor, Chief Minister or Minister of the Board ofMinisters of a Province, or any officer of a public institution ;local authority or Provincial Council ; and“Public Institution” means a department or institution of theGovernment, a public corporation or statutory institution.]The Constitution of the Democratic Socialist Republic of Sri Lanka139[23. (1) All laws and subordinate legislation shall beenacted or made and published in Sinhala and Tamil, togetherwith a translation thereof in English :Provided that Parliament shall, at the stage of enactment ofany law determine which text shall prevail in the event of anyinconsistency between texts :Provided further that in respect of all other written laws andthe text in which such written laws was enacted or adopted ormade, shall prevail in the event of any inconsistency betweensuch texts.(2) All Orders, Proclamations, Rules, By-laws, Regulationsand Notifications made or issued under any written law otherthan those made or issued by a Provincial Council or a LocalAuthority and the Gazette shall be published in Sinhala andTamil together with a translation thereof in English.(3) All Orders, Proclamations, Rules, By-laws, Regulationsand Notifications made or issued under any written law byany Provincial Council or Local Authority and all documents,including circulars and forms issued by such body or anypublic institution shall be published in the language used in theadministration in the respective areas in which they function,together with a translation thereof in English.(4) All laws and subordinate legislation in force immediatelyprior to the commencement of the Constitution, shall bepublished in the Gazette in the Sinhala and Tamil Language asexpeditiously as possible.]24. 10[(1) Sinhala and Tamil shall be the languages of theCourts throughout Sri Lanka and Sinhala shall be used as thelanguage of the courts situated in all the areas of Sri Lanka exceptthose in any area where Tamil is the language of administration.The record and proceedings shall be in the language of theCourt. In the event of an appeal from any court records shallalso be prepared in the language of the court hearing the appeal,if the language of such court is other than the language used bythe court from which the appeal is preferred :Provided that the Minister in charge of the subject of Justicemay, with the concurrence of the Cabinet of Ministers directLanguage ofLegislation.Languages of thecourts.9 – Original Article 23 replaced by the Sixteenth Amendment to the Constitution Sec. 3.10 – Original para (1) repealed and substituted by the Sixteenth Amendment to the Constitution Sec. 4(1).The Constitution of the Democratic Socialist Republic of Sri Lanka14that the record of any court shall also be maintained and theproceedings conducted in a language other than the language ofthe court ; ](2) Any party or applicant or any person legally entitled torepresent such party or applicant may initiate proceedings andsubmit to court pleadings and other documents and participate inthe proceedings in courts, 11[in either Sinhala or Tamil.](3) Any judge, juror, party or applicant or any personlegally entitled to represent such party or applicant, who is notconversant with the language used in a court, shall be entitledto interpretation and to translation into 11 [Sinhala or Tamil]provided by the State, to enable him to understand and participatein the proceedings before such court and shall also be entitledto obtain in 12[such language] any such part of the record or atranslation thereof, as the case may be, as he may be entitled toobtain 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 tothe records and proceedings in any court for all purposes or forsuch purposes as may be specified therein. Every judge shall bebound to implement such directions.(5) In this Article –“Court” means any court or tribunal created and establishedfor the administration of justice including the adjudication andsettlement of industrial and other disputes, or any other tribunalor institution exercising judicial or quasi-judicial functionsor any tribunal or institution created and established for theconciliation and settlement of disputes ;”Judge” includes the President, Chairman, Presiding Officerand member of any court ; and“Record” includes Pleadings, Judgments, Orders and Otherjudicial and Ministerial acts.11 – Substituted by the Sixteenth Amendment to the Constitution Sec. 4(2) for “in either of the NationalLanguages”.12 – Substituted by the Sixteenth Amendment to the Constitution Sec. 4(3)(a) for “the appropriate NationalLanguage.”13 – Substituted by the Sixteenth Amendment to the Constitution Sec. 4(3)(b) for “either of the NationalLanguages.”The Constitution of the Democratic Socialist Republic of Sri Lanka15Provision foradequate facilitiesfor use of languagesprovided for in thisChapter.25. The State shall provide adequate facilities for the use ofthe languages provided for in this Chapter.14[25A. In the event of any inconsistency between theprovisions of any law and the provisions of this Chapter, theprovisions of this Chapter shall prevail.]Provision of anylaw inconsistentwith this Chapterdeemed to berepealed.14 – Inserted by the Sixteenth Amendment to the Constitution Sec. 5The Constitution of the Democratic Socialist Republic of Sri Lanka16CHAPTER VCITIZENSHIP26. (1) There shall be one status of citizenship known as “thestatus of a citizen of Sri Lanka”.(2) A citizen of Sri Lanka shall for all purposes be describedonly as a “citizen of Sri Lanka”, whether such person becameentitled to citizenship by descent or by virtue of registration inaccordance with the law relating to citizenship.(3) No distinction shall be drawn between citizens of SriLanka for any purpose by reference to the mode of acquisitionof such status, as to whether acquired by descent or by virtue ofregistration.(4) No citizen of Sri Lanka shall be deprived of his status of acitizen of Sri Lanka, except under and by virtue of the provisionsof sections 19, 20, 21 and 22 of the Citizenship Act :Provided that the provisions of sections 23 and 24 of thatAct shall also be applicable to a person who became entitled tothe status of a citizen of Sri Lanka by virtue of registration underthe provisions of section 11, 12 or 13 of that Act.(5) Every person who immediately prior to thecommencement of the Constitution was a citizen of Sri Lanka,whether by descent or by virtue of registration in accordancewith any law relating to citizenship, shall be entitled to the statusand to the rights of a citizen of Sri Lanka as provided in thepreceding provisions of this Article.(6) The provisions of all existing written laws relating tocitizenship and all other existing written laws wherein referenceis made to citizenship shall be read subject to the precedingprovisions of this Article.Citizenship of SriLanka.The Constitution of the Democratic Socialist Republic of Sri Lanka17CHAPTER VIDIRECTIVE PRINCIPLES OF STATE POLICY ANDFUNDAMENTAL DUTIES27. (1) The Directive Principles of State Policy hereincontained shall guide Parliament, the President and the Cabinetof Ministers in the enactment of laws and the governance of SriLanka for the establishment of a just and free society.(2) The State is pledged to establish in Sri Lanka a DemocraticSocialist Society, the objectives of which include –(a) the full realization of the fundamental rights andfreedoms of all persons ;(b) the promotion of the welfare of the People by securingand protecting as effectively as it may, a social orderin which justice (social, economic and political) shallguide all the institutions of the national life ;(c) the realization by all citizens of an adequatestandard of living for themselves and their families,including adequate food, clothing and housing, thecontinuous improvement of living conditions andthe full enjoyment of leisure and social and culturalopportunities ;(d) the rapid development of the whole country bymeans of public and private economic activity andby laws prescribing such planning and controls asmay be expedient for directing and co-ordinatingsuch public and private economic activity towardssocial objectives and the public weal ;(e) the equitable distribution among all citizens of thematerial resources of the community and the socialproduct, so as best to subserve the common good ;(f) the establishment of a just social order in which themeans of production, distribution and exchange arenot concentrated and centralised in the State, Stateagencies or in the hands of a privileged few, but aredispersed among and owned by, all the People of SriLanka ;Directive Principlesof State Policy.The Constitution of the Democratic Socialist Republic of Sri Lanka18(g) raising the moral and cultural standards of thePeople and ensuring the full development of humanpersonality ; and(h) the complete eradication of illiteracy and theassurance to all persons of the right to universal andequal 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 democraticstructure of government and the democratic rights of the Peopleby decentralizing the administration and by affording allpossible opportunities to the People to participate at every levelin national life and in government.(5) The State shall strengthen national unity by promotingco-operation and mutual confidence among all sections of thePeople of Sri Lanka, including the racial, religious, linguisticand other groups and shall take effective steps in the fieldsof teaching, education and information in order to eliminatediscrimination 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 privilegeand disparity and the exploitation of man by man or by the State.(8) The State shall ensure that the operation of the economicsystem does not result in the concentration of wealth and themeans of production to the common detriment.(9) The State shall ensure social security and welfare.(10) The State shall assist the development of the culturesand the languages of the People.(11) The State shall create the necessary economic and socialenvironment to enable people of all religious faiths to make areality of their religious principles.(12) The State shall recognize and protect the family as thebasic unit of society.The Constitution of the Democratic Socialist Republic of Sri Lanka19(13) The State shall promote with special care the interestsof children and youth, so as to ensure their full development,physical, mental, moral, religious and social, and to protect themfrom exploitation and discrimination.(14) The State shall protect, preserve and improve theenvironment for the benefit of the community.(15) The State shall promote international peace, securityand co-operation, and the establishment of a just and equitableinternational economic and social order and shall endeavourto foster respect for international law and treaty obligations indealings among nations.28. The exercise and enjoyment of rights and freedoms areinseparable from the performance of duties and obligations andaccordingly 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 nationalunity ;(c) to work conscientiously in his chosen occupation ;(d) to preserve and protect public property and to combatmisuse and waste of public property ;(e) to respect the rights and freedoms of others ; and(f) to protect nature and conserve its riches.29. The provisions of this Chapter do not confer or imposelegal rights or obligations and are not enforceable in any court ortribunal. No question of inconsistency with such provisions shallbe raised in any court or tribunal.Fundamental dutiesPrinciples ofState Policy andfundamental dutiesnot justifiable.The Constitution of the Democratic Socialist Republic of Sri Lanka20CHAPTER VIITHE EXECUTIVEThe President of the Republic15[30. (1) There shall be a President of the Republic of SriLanka, who is the Head of the State, the Head of the Executiveand of the Government, and the Commander-in-Chief of theArmed Forces.(2) The President of the Republic shall be elected by thePeople, and shall hold office for a term of five years. ]31. (1) Any citizen who is qualified to be elected to the officeof 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 thelegislature, by any other political party or by anelector whose name has been entered in any registerof electors.16[ (2) No person who has been twice elected to the offie ofPresident by the People, shall be qualifid thereafterto be elected to such offie by the People.](3) The poll for the election of the President shall be takennot less than one month and not more than two months beforethe expiration of the term of office of the President in office.17[(3A) (a) (i) Notwithstanding anything to the contraryin the preceding provisions of this Chapter, the President may,18[at any time after the expiration of four years 19[from thecommencement of his first term of office, by Proclamation,declare his intention]] of appealing to the People for a mandateto hold office, 20[by election, for a further term.]21[Repealed](ii) Upon the making of a Proclamation under sub-paragraph(i) the Commissioner of Elections shall be required to take a pollfor the election of the President.The election and theterm of office of thePresident.15 – Amended by the Nineteenth Amendment to the Constitution Sec. 316 – Inserted by the Nineteenth Amendment to the Constitution Sec. 417 – Inserted by the Third Amendment to the Constitution Sec. 2 (1)18 – Amended by the Eighteenth Amendment to the Constitution Sec. 2(2)(a)19 – Amended by the Nineteenth Amendment to the Constitution Sec. 420 – Amended by the Eighteenth Amendment to the Constitution Sec. 2(2)(b)21 – Proviso to Article 3A (a) (i) was repealed by the Nineteenth Amendment to the Constitution Sec.4The President of theRepublicThe Constitution of the Democratic Socialist Republic of Sri Lanka21(b) If, at any time after the date of Proclamation referred toin paragraph (a), and before the close of the poll at the electionheld in pursuance of such Proclamation, the President in officedies, such Proclamation shall be deemed to have been revokedwith effect from the date of such death and the election to be heldin pursuance of such Proclamation shall be deemed to be cancelled.The vacancy in the office of President caused by such death shall befilled in accordance with the provisions of Article 40.(c) (i) If, at any time between the close of the poll at anelection held under this paragraph and the declaration of theresult of such election, a candidate at such election dies, theCommissioner of Elections shall proceed with the count anddeclare the result of such election, notwithstanding the death ofsuch candidate.(ii) If the person entitled to be declared elected as Presidentis dead at the time of the declaration of the result of such election,the Commissioner of Elections shall not declare the result ofsuch election but shall take a fresh poll for the election of thePresident.(iii) If by reason of the death referred to in sub-paragraph (i)there is a vacancy in the office of President, the Prime Ministershall act in the office of President during the period between theoccurrence of such vacancy and the assumption of office by thenew President and shall appoint one of the other Ministers of theCabinet to act in the office of Prime Minister :Provided that if the office of Prime Minister be then vacantor the Prime Minister is unable to act, the Speaker shall act inthe office of President. (d) The person declared elected as President at an electionheld under this paragraph shall, if such person –(i) is the President in offie, hold offie 22[for a term offie years] commencing on such date in the year inwhich that election is held (being a date after suchelection) or in the succeeding year, as corresponds tothe date on which his fist term of offie commenced,whichever date is earlier ; or(ii) is not the President in offie, hold offie 22[for a termof fie years] commencing on the date on which theresult of such election is declared.22 – Amended by the Nineteenth Amendment to the Constitution Sec. 4The Constitution of the Democratic Socialist Republic of Sri Lanka22(e) A person succeeding to the office of President under theprovisions of Article 40 shall not be entitled to exercise the rightconferred on a President by sub-paragraph (a) of this paragraph.(f) For the purposes of this paragraph, the first term of officeof the first President referred to in Article 160 shall be deemedto have commenced on February 4, 1978.]23(4) [(Where a poll for the election of a President is taken,the term of office of the person elected as President at suchelection shall commence on the expiration of the term of officeof the President in office :Provided that notwithstanding anything to the contrary inArticle 40 – (a) if any person declared elected as President at a pollfor the election of a President dies at any time afterhis being declared elected as President and beforethe date on which his term of offie would, but forhis death, have commenced, the Commissioner ofElections, shall take a fresh poll for the election ofa President. If the date fied for such fresh poll isa date later than such fist-mentioned date, the termof offie of the person declared elected at such pollshall, notwithstanding the preceding provisionsof this Article, be deemed to have commenced onsuch fist-mentioned date. For the purposes only ofArticle 38(1)(d), the date of commencement of theterm of offie of the new President shall be the dateof his election ;(b) where the President in offie is not a candidate or isnot re-elected, at a poll for the election of a President,his term of offie shall be deemed to have expiredon the date on which the result of such election isdeclared. The person elected as President at suchelection shall assume offie forthwith, but not laterthan two weeks from such date: Provided that the President in offie, notwithstandinganything to the contrary in Article 30, shall continueto exercise, perform and discharge the powers, dutiesand functions of the offie of President until theassumption of offie by the person declared elected23 – Original para (4) repealed and substituted by the Third Amendment to the Constitution Sec. 2(2).The Constitution of the Democratic Socialist Republic of Sri Lanka23as President. If the offie of President becomesvacant, by reason of the person declared electedas President failing to assume offie, the Presidentin offie shall continue to exercise, perform anddischarge the powers, duties and functions of theoffie of President, until the Prime Minister or if theoffie of Prime Minister be then vacant or if the PrimeMinister be unable to act, the Speaker commences toact in the offie 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 offie of President, thePrime Minister shall act in the offie of Presidentduring the period between the occurrence of suchvacancy and the assumption of offie by the newPresident and shall appoint one of the other Ministersof the Cabinet to act as Prime Minister : Provided that if the offie of Prime Minister be thenvacant or the Prime Minister is unable to act, theSpeaker shall act in the offie of President.](5) The election of the President shall be conducted bythe Commissioner of Elections who shall fix the date for thenomination of candidates for such election and the date on whichthe poll shall be taken.(6) Parliament shall by law make provision for –(a) the nomination of candidates for the election ofPresident;(b) the register of electors to be used at and the procedurefor the election of the President ;(c) the creation of offences relating to such election andthe punishment therefor ;(d) the grounds and manner of avoiding such electionand of determining any disputed election ; and(e) all other matters necessary or incidental thereto.32. (1) The person elected or succeeding to the office ofPresident shall assume office upon taking and subscribing theoath or making and subscribing the affirmation, set out in theFourth Schedule, in Sri Lanka before the Chief Justice or anyother Judge of the Supreme Court.Assumption of officeThe Constitution of the Democratic Socialist Republic of Sri Lanka24(2) Upon such assumption of office the President shall ceaseto hold any other office created or recognized by the Constitutionand if he is a Member of Parliament, shall vacate his seat inParliament. The President shall not hold any other office orplace of profit whatsoever.24(3) The President shall, by virtue of his office attendParliament once in every three months. In the discharge of thisfunction the President shall be entitled to all the privileges,immunities and powers of a Member of Parliament, other thanthe entitlement to vote, and shall not be liable for any breach ofthe privileges of Parliament or of its members.25(4) The President shall by virtue of his office, also havethe right to address and send messages to Parliament.26[ 33. (1) It shall be the duty of the President to -(a) ensure that the Constitution is respected and upheld;(b) promote national reconciliation and integration;(c) ensure and facilitate the proper functioning of theConstitutional Council and the institutions referredto in Chapter VIIA; and(d) on the advice of the Election Commission, ensure thecreation of proper conditions for the conduct of freeand fair elections and referenda.(2) In addition to the powers, duties and functions expresslyconferred or imposed on, or assigned to the President by theConstitution or other written law, the President shall have thepower -(a) to make the Statement of Government Policy inParliament at the commencement of each session ofParliament;(b) to preside at ceremonial sittings of Parliament;(c) to summon, prorogue and dissolve Parliament;(d) to receive and recognize, and to appoint andaccredit Ambassadors, High Commissioners,Plenipotentiaries and other diplomatic agents;24 – substituted by the Eighteenth Amendment to the Constitution Sec 3.(1)25 – inserted by the Eighteenth Amendment to the Constitution Sec 3.(2)26 – Article 33 substituted by the Nineteenth Amendment to the Constitution Sec 5Duties, powers andfunctions of thePresident.The Constitution of the Democratic Socialist Republic of Sri Lanka25(e) to appoint as President’s Counsel, attorneys-at-lawwho have reached eminence in the profession andhave maintained high standards of conduct andprofessional rectitude. Every President’s Counselappointed under this paragraph shall be entitled to allsuch privileges as were hitherto enjoyed by Queen’sCounsel;(f) to keep the Public Seal of the Republic, and tomake and execute under the Public Seal, the acts ofappointment of the Prime Minister and other Ministersof the Cabinet of Ministers, the Chief Justice andother judges of the Supreme Court, the President ofthe Court of Appeal and other judges of the Courtof Appeal, and such grants and dispositions of landsand other immovable property vested in the Republicas the President is by law required or empowered todo, and to use the Public Seal for sealing all thingswhatsoever that shall pass that Seal;(g) to declare war and peace; and(h) to do all such acts and things, not inconsistent withthe provisions of the Constitution or written law, asby international law, custom or usage the President isauthorized or required to do. ]27 [ 33A. The President shall be responsible to Parliamentfor 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.]34. (1) The President may in the case of any offenderconvicted of any offence in any court within the Republic of SriLanka –(a) grant a pardon, either free or subject to lawfulconditions;(b) grant any respite, either indefiite for such period asthe President may think fi, of the execution of anysentence passed on such offender ; (c) substitute a less severe form of punishment for anypunishment imposed on such offender ; or27 – Inserted by the Nineteenth Amendment to the Constitution Sec 6Grant of PardonPresident to beresponsible toParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka26(d) remit the whole or any part of any punishmentimposed or of any penalty or forfeiture otherwise dueto the Republic on account of such offence :Provided that where any offender shall have been condemnedto suffer death by the sentence of any court, the President shallcause a report to be made to him by the Judge who tried thecase and shall forward such report to the Attorney-General withinstructions that after the Attorney-General has advised thereon,the report shall be sent together with the Attorney-General’sadvice to the Minister in charge of the subject of Justice,who shall forward the report with his recommendation to thePresident.(2) The President may in the case of any person who is or hasbecome subject to any disqualification specified in paragraph(d), (e), (f), (g) or (h) of Article 89 or sub-paragraph (g) ofParagraph (1) of Article 91-(a) grant a pardon, either free or subject to lawfulconditions; or(b) reduce the period of such disqualifiation.(3) When any offence has been committed for which theoffender may be tried within the Republic of Sri Lanka, thePresident may grant a pardon to any accomplice in such offencewho shall give such information as shall lead to the conviction ofthe principal offender or of any one of such principal offenders,if more than one.28[ 35. (1) While any person holds office as President of theRepublic of Sri Lanka, no civil or criminal proceedings shallbe instituted or continued against the President in respect ofanything done or omitted to be done by the President, either inhis official or private capacity:Provided that nothing in this paragraph shall be read andconstrued as restricting the right of any person to make anapplication under Article 126 against the Attorney-General, inrespect of anything done or omitted to be done by the President,in his official capacity:Provided further that the Supreme Court shall have nojurisdiction to pronounce upon the exercise of the powers of thePresident under Article 33(2)(g).28 – Substituted by the Nineteenth Amendment to the Constitution Sec.7Immunity ofPresident from suitThe Constitution of the Democratic Socialist Republic of Sri Lanka27(2) Where provision is made by law limiting the time withinwhich proceedings of any description may be instituted againstany person, a period of time during which such person holdsthe office of President of the Republic of Sri Lanka shall not betaken into account in calculating any period of time prescribedby that law.(3) The immunity conferred by the provisions of paragraph(1) shall not apply to proceedings in the Supreme Court underparagraph (2) of Article 129 and to proceedings under Article130 (a) relating to the election of the President or the validity ofa referendum. ]36. (1) Within one month of the commencement of theConstitution, Parliament shall by resolution determine thesalary, allowances and pension entitlement of the holders ofthe office of President. Such pension shall be in addition to anyother pension to which such person is entitled by virtue of anyprior service.(2) Upon the assumption of the office of President theholder of such office shall become entitled to the receipt of suchsalary and allowances and thereafter, of such pension as may bedetermined by Parliament. Any subsequent amendment, repealor replacement of this Article and any subsequent law or anyprovision thereof inconsistent with this Article shall not haveretrospective operation.(3) The salary, allowances and pension of the President shallbe charged on the Consolidated Fund.(4) Parliament may by resolution increase, but shall notreduce, the salary, allowances or pension entitlement of theholders of the office of President.37. (1) If the President is of the opinion that by reason ofillness, absence from Sri Lanka or any other cause he will beunable to exercise, perform and discharge the powers, duties andfunctions of his office, he may appoint the Prime Minister toexercise, perform and discharge the powers, duties and functionsof the office of President during such period and may alsoappoint one of the other Ministers of the Cabinet to act in theoffice of Prime Minister during such period :Provided that if the office of Prime Minister be then vacantor the Prime Minister is unable to act, the President may appointthe Speaker to exercise, perform and discharge the powers, dutiesand functions of the office of president during such period.Exercise,performance anddischarge of powers,duties and functionsof the President bythe Prime MinisterSalary and PensionThe Constitution of the Democratic Socialist Republic of Sri Lanka28(2) If the Chief Justice in consultation with the Speakeris of the opinion that the President is temporarily unable toexercise, perform and discharge the powers, duties and functionsof his office and is unable to make an appointment in terms ofparagraph (1) of this Article, he shall communicate in writinghis opinion to the Speaker and thereupon the Prime Ministershall exercise, perform and discharge the powers, duties andfunctions of the office of President during such period and shallappoint one of the Ministers of the Cabinet to act in the office ofPrime Minister during such period, notwithstanding the absenceof such appointment as is provided for in paragraph (1) of thisArticle :Provided that if the office of Prime Minister be then vacantor the Prime Minister is unable to act, the Speaker shall exercise,perform and discharge the powers, duties and functions of theoffice of President during such period.(3) The provisions of the Constitution relating to thePresident (other than the provisions of paragraph (2) of Article32) shall apply, in so far as they can be applied, to the person soexercising, performing and discharging the powers, duties andfunctions of the office of President.(4) In this Article and in Articles 38(1)(b) and 40(1), “theSpeaker” includes, during any period when Parliament isdissolved, the person who held the office of Speaker immediatelybefore the dissolution of Parliament.38. (1) The office of President shall become vacant –(a) upon his death ;(b) if he resigns his offie by a writing under his handaddressed to the Speaker ;(c) if he ceases to be a citizen of Sri Lanka ;(d) if the person elected as President wilfully fails toassume offie within 29[two weeks] from the date ofcommencement of his term of offie ;(e) if he is removed from offie as provided in the nextsucceeding paragraph ; or(f) if the Supreme Court in the exercise of its powersunder Article 130(a) determines that his election as29 – Substituted by the Third Amendment to the Constitution Sec(3) for ‘”one month”.Vacation of office byPresidentThe Constitution of the Democratic Socialist Republic of Sri Lanka29President was void and does not determine that anyother person was duly elected as President.(2) (a) Any Member of Parliament may, by a writingaddressed to the Speaker, give notice of a resolution allegingthat the President is permanently incapable of discharging thefunctions of his office by reason of mental or physical infirmityor 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 thepowers of his offie, or(v) any offence under any law, involving moral turpitudeand setting out full particulars of the allegation orallegations made and seeking an inquiry and reportthereon by the Supreme Court.(b) No notice of such resolution shall be entertained by theSpeaker or placed on the Order Paper of Parliament unless itcomplies with the provisions of sub-paragraph (a) and –(i) such notice of resolution is signed by not less thantwo-thirds of the whole number of Members ofParliament ; or(ii) such notice of resolution is signed by not lessthan one-half of the whole number of Members ofParliament and the Speaker is satisfid that suchallegation or allegations merit inquiry and report bythe Supreme Court.(c) Where such resolution is passed by not less than twothirds of the whole number of Members (including those notpresent) voting in its favour, the allegation or allegationscontained in such resolution shall be referred by the Speaker tothe Supreme Court for inquiry and report.(d) The Supreme Court shall, after due inquiry at which thePresident shall have the right to appear and to be heard, in personor by an attorney-at-law, make a report of its determination toParliament together with the reasons therefor.(e) Where the Supreme Court reports to Parliament that inits opinion the President is permanently incapable of dischargingThe Constitution of the Democratic Socialist Republic of Sri Lanka30the functions of his office by reason of mental or physicalinfirmity or that the President has been guilty of any of theother allegations contained in such resolution, as the case maybe, Parliament may by a resolution passed by not less than twothirds of the whole number of Members (including those notpresent) voting in its favour remove the President from office.39. (1) Where the Supreme Court in the exercise of itsjurisdiction under Article 130 determines –(a) that the election of the President was void and doesnot determine that any other person was duly elected,then, a poll for the election of the President shall betaken not later than three months from the date of thedetermination ; or(b) that any other person was duly elected as President,then, such other person shall assume the offieof President within one month of the date of thedetermination.For the purposes of Article 38(1)(d), the date ofcommencement of the term of office of the new President shallbe the date of his election or the date of the determination, as thecase may be.(2) Upon the Supreme Court making any such determinationas is referred to in paragraph (1) of this Article, the personwho was exercising, performing and discharging the powers,duties and functions of the office of President shall forthwithcease to exercise, perform and discharge such powers, dutiesand functions. During the period intervening between the dateof such determination and the assumption of office by the newPresident, the Prime Minister shall act in the office of Presidentand shall appoint one of the other Ministers of the Cabinet to actin the office of the Prime Minister :Provided that if the office of Prime Minister be then vacantor the Prime Minister is unable to act, the Speaker shall act in theoffice of the President.(3) For the purposes of Article 30(2) and notwithstandingthe provisions of Article 31(4), the term of office of the newPresident shall be deemed to have commenced on the dateon which the term of office of the person whose election wasdetermined to have been void or undue would, but for suchdetermination, have commenced.Determination bythe Supreme Courtthat the Presidentwas not duly electedor the election of thePresident was voidThe Constitution of the Democratic Socialist Republic of Sri Lanka31(4) The exercise, performance and discharge by any personof the powers, duties and functions of the office of Presidentshall not be invalid by reason only of the fact that the SupremeCourt subsequently determines that the election of such personas President was void or undue.(5) The provisions of this Article shall apply notwithstandinganything to the contrary in Article 40.40. (1) (a) If the office of President shall become vacant priorto the expiration of his term of office, Parliament shall elect asPresident one of its Members who is qualified to be elected tothe office of President. Any person so succeeding to the office ofPresident shall hold office only for the unexpired period of theterm of office of the President vacating office.(b) Such election shall be held as soon as possible after, andin no case later than one month from, the date of, occurrenceof the vacancy. Such election shall be by secret ballot and byan absolute majority of the votes cast in accordance with suchprocedure as Parliament may by law provide :Provided that if such vacancy occurs after the dissolution ofParliament, the President shall be elected by the new Parliamentwithin one month of its first meeting.(c) During the period between the occurrence of suchvacancy and the assumption of office by the new President,the Prime Minister shall act in the office of President and shallappoint one of the other Ministers of the Cabinet to act in theoffice of Prime Minister :Provided that if the office of Prime Minister be then vacantor the Prime Minister is unable to act, the Speaker shall act inthe office of President.(2) The provisions of the Constitution relating to thePresident (other than the provisions of paragraph (2) of Article32) shall apply, in so far as they can be applied, to an actingPresident.(3) Parliament shall by law provide for all matters relating tothe procedure for the election of the President by Parliament andall other matters necessary or incidental thereto.Vacation of officeby Presidentand electionof succeedingPresidentThe Constitution of the Democratic Socialist Republic of Sri Lanka3241. (1) The President shall have the power to appoint suchSecretaries, and, in consultation with the Cabinet of Ministers,such other officers and staff as are in his opinion necessary toassist him in the exercise, performance and discharge of thepowers, duties and functions of his office, and to determine theirterms and conditions of service.(2) The salaries of such Secretaries, officers and staff shallbe charged on the Consolidated Fund.(3) Such Secretaries, officers and staff shall be deemed tobe public officers except that the dismissal and disciplinarycontrol of such Secretaries, officers and staff shall be vestedin the President, who may delegate to any such Secretary hispowers of dismissal and disciplinary control in respect of anysuch officers or staff.(4) Every such Secretary, officer or member of the staff shallcease to hold office upon a new President assuming office.(5) Where any such Secretary, officer or member of the staffso ceases to hold office, the Cabinet of Ministers may appointsuch Secretary, officer or member of the staff to any post in thePublic Service :Provided that any such Secretary, officer or member of thestaff who immediately prior to his appointment as Secretary,officer or member of the staff was in the Public or LocalGovernment Service or in the service of a public corporationshall be entitled to revert to such service without loss of seniorityupon a new President assuming office.(6) The proviso to paragraph (5) of this Article shall, mutatismutandis, 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 ground;or(b) the resignation of such person, unless disciplinaryproceedings are pending or contemplated againstsuch person on the date of his resignation.(7) For the purposes of paragraphs (5) and (6) of this Articleany person who has continuously held the office of Secretaryto the President, Secretary to any Ministry or any office in thePresident’s staff or any one or more of such offices shall be deemedto have continuously held the office which such person last held.President’s staffThe Constitution of the Democratic Socialist Republic of Sri Lanka33Constitution ofthe ConstitutionalCouncil30[CHAPTER VII AThe Constitutional Council41A. (1) There shall be a Constitutional Council (in thisChapter referred to as the “Council”) which shall consist of thefollowing members:–(a) the Prime Minister;(b) the Speaker;(c) the Leader of the Opposition in Parliament;(d) one Member of Parliament appointed by thePresident;(e) fie persons appointed by the President, on thenomination of both the Prime Minister and theLeader of the Opposition of whom two persons shallbe Members of Parliament; and(f) one Member of Parliament nominated by agreement ofthe majority of the Members of Parliament belongingto political parties or independent groups, other thanthe respective political parties or independent groupsto which the Prime Minister and the Leader of theOpposition belong, and appointed by the President.(2) The Speaker shall be the Chairman of the Council.(3) It shall be the duty of the Speaker to ensure thatnominations for appointments under sub-paragraph (e) or subparagraph (f) of paragraph (1) are made, whenever an occasionfor such nominations arises.(4) In nominating the five persons referred to in subparagraph (e) of paragraph (1), the Prime Minister and theLeader of the Opposition shall consult the leaders of politicalparties and independent groups represented in Parliament so asto ensure that the Constitutional Council reflects the pluralisticcharacter of Sri Lankan society, including professional andsocial diversity.(5) The persons who are not Members of Parliament tobe appointed under sub-paragraph (e) of paragraph (1) shallbe persons of eminence and integrity who have distinguished30 – Chapter VII A was substituted by the Nineteenth Amendment to the Constitution Sec. 8The Constitution of the Democratic Socialist Republic of Sri Lanka34themselves in public or professional life and who are notmembers of any political party whose nomination shall beapproved by Parliament.(6) The President shall, within fourteen days of the receiptof a written communication specifying the nominations madeunder sub-paragraphs (e) and (f) of paragraph (1), make thenecessary appointments. In the event of the President failing tomake the necessary appointments within such period of fourteendays, the persons nominated shall be deemed to have beenappointed as members of the Council, with effect from the dateof expiry of such period.(7) (a) On the dissolution of Parliament, notwithstandingthe provisions of paragraph (2) of Article 64, the Speakershall continue to hold office as a member of the Council, untila Member of Parliament is elected to be the Speaker underparagraph (1) of the aforesaid Article;(b) Notwithstanding the dissolution of Parliament, thePrime Minister, the Leader of the Opposition and the Membersof Parliament who are members of the Constitutional Council,shall continue to hold office as members of such Council, untilsuch time after a General Election following such dissolution,a Member of Parliament is appointed as the Prime Ministeror recognized as the Leader of the Opposition or such numberof Members of Parliament are appointed as Members of theConstitutional Council under sub-paragraphs (d), (e) and (f) ofparagraph (1), as the case may be.(8) Every member of the Council appointed under subparagraphs (d), (e) and (f) of paragraph (1), shall hold officefor a period of three years from the date of appointment unlessthe member earlier resigns his office by writing addressed tothe President, is removed from office by the President on boththe Prime Minister and the Leader of the Opposition forming anopinion that such member is physically or mentally incapacitatedand is unable to function further in office or is convicted by acourt of law for any offence involving moral turpitude or if aresolution for the imposition of civic disability upon him has beenpassed in terms of Article 81 of the Constitution or is deemed tohave vacated his office under paragraph (7) of Article 41e.(9) In the event of there being a vacancy among themembers appointed under sub-paragraphs (d), (e) or (f)) ofparagraph (1), the President shall, within fourteen days of theThe Constitution of the Democratic Socialist Republic of Sri Lanka35occurrence of such vacancy and having regard to the provisionsof the aforementioned sub-paragraphs, appoint another personto succeed such member. Any person so appointed, shall holdoffice during the unexpired part of the period of office of themember whom he succeeds.(10) A member appointed under sub-paragraphs (d), (e) or(f) of paragraph (1), shall not be eligible for re-appointment.(11) The appointments made by the President undersub-paragraphs (d), (e) and (f) of paragraph (1), shall becommunicated to the Speaker.41B. (1) No person shall be appointed by the President asthe Chairman or a member of any of the Commissions specifiedin the Schedule to this Article, except on a recommendation ofthe Council.(2) The provisions of paragraph (1) of this Article shallapply in respect of any person appointed to act as the Chairmanor as a member of any such Commission.(3) It shall be the duty of the Council to recommend to thePresident fit and proper persons for appointment as Chairmen ormembers of the Commissions specified in the Schedule to thisArticle, whenever the occasion for such appointments arises,and such recommendations shall endeavour to ensure that suchrecommendations reflect the pluralistic character of Sri Lankansociety, including gender. In the case of the Chairmen of suchCommissions, the Council shall recommend three persons forappointment, and the President shall appoint one of the personsrecommended as Chairman.(4) The President shall appoint the Chairman and themembers of the Commissions specified in the Schedule to thisArticle, within fourteen days of receiving the recommendationsof the Council for such appointments. In the event of thePresident failing to make the necessary appointments withinsuch period of fourteen days–(a) the persons recommended under paragraph (3), tobe appointed as members of a Commission, shall bedeemed to have been appointed as the members ofthe Commissions; and(b) the person whose name appears fist in the list ofnames recommended under paragraph (3), to beCouncil torecommendappointmentsThe Constitution of the Democratic Socialist Republic of Sri Lanka36appointed as the Chairman of a Commission, shallbe deemed to have been appointed the Chairman ofthe respective Commission,with effect from the date of expiry of such period.(5) No person appointed under paragraph (1) or a personappointed to act as the Chairman or a member of any suchCommission, shall be removed except as provided for in theConstitution or in any written law, and where there is no suchprovision, such person shall be removed by the President onlywith the prior approval of the Council.(6) All the Commissions referred to in the Schedule to thisArticle, other than the Election Commission, shall be responsibleand answerable to Parliament.SCHEDULE(a) The Election Commission.(b) The Public Service Commission.(c) The National Police Commission.(d) The Audit Service Commission.(e) The Human Rights Commission of Sri Lanka.(f) The Commission to Investigate Allegations ofBribery or Corruption.(g) The Finance Commission.(h) The Delimitation Commission.(i) The National Procurement Commission.41C. (1) No person shall be appointed by the Presidentto any of the Offices specified in the Schedule to this Article,unless such appointment has been approved by the Council upona recommendation made to the Council by the President.(2) The provisions of paragraph (1) of this Article shall applyin respect of any person appointed to act for a period exceedingfourteen days, in any Office specified in the Schedule to thisArticle:Provided that no person shall be appointed to act in any suchoffice for successive periods not exceeding fourteen days, unlesssuch acting appointment has been approved by the Council on arecommendation by the President.Council to approveappointmentsThe Constitution of the Democratic Socialist Republic of Sri Lanka37(3) No person appointed to any Office specified in theSchedule to this Article or to act in any such Office, shallbe removed from such Office except as provided for in theConstitution or in any law.(4) In the discharge of its function relating to the appointmentof Judges of the Supreme Court and the President and Judges ofthe Court of Appeal, the Council shall obtain the views of theChief Justice.SCHEDULEPART I(a) The Chief Justice and the Judges of the SupremeCourt.(b) The President and the Judges of the Court of Appeal.(c) The Members of the Judicial Service Commission,other than the Chairman.PART II(a) The Attorney-General.(b) The Auditor-General.(c) The Inspector-General of Police.(d) The Parliamentary Commissioner for Administration(Ombudsman).(e) The Secretary-General of Parliament.41D. (1) There shall be a Secretary-General to the Councilwho shall be appointed by the Council for a term of five years.Upon the expiration of his term of office, the Secretary-Generalshall be eligible for reappointment.(2) The Council may appoint such officers as it considersnecessary for the discharge of its functions, on such terms andconditions as shall be determined by the Council.41E. (1) The Council shall meet at least twice every month,and as often as may be necessary to discharge the functionsassigned to the Council by the provisions of this Chapter or byany law, and such meetings shall be summoned by the SecretaryGeneral to the Council on the direction of the Chairman of theCouncil.Secretary-Generaland other officers ofthe CouncilMeetings of theCouncilThe Constitution of the Democratic Socialist Republic of Sri Lanka38(2) The Chairman shall preside at all meetings of the Counciland in the absence of the Chairman, the Prime Minister, and inthe absence of the Prime Minister, the Leader of the Oppositionshall preside at the meetings of the Council.(3) The quorum for any meeting of the Council shall be fivemembers.(4) The Council shall endeavour to make everyrecommendation, approval or decision it is required to makeby unanimous decision and in the absence of an unanimousdecision, no recommendation, approval or decision made by theCouncil shall be valid, unless supported by not less than fivemembers of the Council present at such meeting.(5) The Chairman or the other member presiding shall nothave an original vote, but in the event of an equality of voteson any question for decision at any meeting of the Council, theChairman or other member presiding at such meeting, shall havea casting vote.(6) The procedure in regard to meetings of the Council andthe transaction of business at such meetings shall be determinedby the Council, including procedures to be followed in regardto the recommendation or approval of persons suitable for anyappointment under Article 41B or Article 41C.(7) Any member of the Council appointed under subparagraphs (d), (e), or (f) of paragraph (1) of Article 41A, whowithout obtaining prior leave of the Council absents himselffrom three consecutive meetings of the Council, shall be deemedto have vacated office with effect from the date of the third ofsuch meetings.(8) The Council shall have the power to act notwithstandingthe fact that it has not been fully constituted or that there is avacancy in its membership, and no act, proceeding or decisionof the Council shall be or deemed to be invalid by reason onlyof the fact that the Council has not been fully constituted or thatthere has been a vacancy in its membership or that there hasbeen any defect in the appointment of a member.41F. Notwithstanding the expiration of the term of office ofthe members of the Council or of the members of any Commissionspecified in the Schedule to Article 41B, the members of theCouncil or of such other Commission shall continue in officeContinuationin office of themembers of theCouncilThe Constitution of the Democratic Socialist Republic of Sri Lanka39until the assumption of office by the new members of the Councilor of such other Commission.41G. (1) The Council shall, once in every three months,submit to the President a report of its activities during thepreceding three months.(2) The Council shall perform and discharge such otherduties and functions as may be imposed or assigned to theCouncil by the Constitution, or by any other written law.(3) The Council shall have the power to make rules relatingto the performance and discharge of its duties and function. Allsuch rules shall be published in the Gazette and be placed beforeParliament within three months of such publication.41H. The expenses incurred by the Council shall be chargedon the Consolidated Fund.41I. Subject to the provisions of Article 126, no court shallhave the power or jurisdiction to entertain, hear or decide orcall in question, on any ground whatsoever, or in any mannerwhatsoever, any decision of the Council or any approval orrecommendation made by the Council, which decision, approvalor recommendation shall be final and conclusive for all purposes.Finality of decisionsof the CouncilPowers and dutiesof the CouncilExpenses to becharged on theConsolidated FundThe Constitution of the Democratic Socialist Republic of Sri Lanka4031 [ CHAPTER VIIITHE EXECUTIVEThe Cabinet of Ministers42. (1) There shall be a Cabinet of Ministers charged withthe direction and control of the Government of the Republic.(2) The Cabinet of Ministers shall be collectively responsibleand answerable to Parliament.(3) The President shall be a member of the Cabinet ofMinisters and shall be the Head of the Cabinet of Ministers.(4) The President shall appoint as Prime Minister theMember of Parliament, who, in the President’s opinion, is mostlikely to command the confidence of Parliament.43. (1) The President shall, in consultation with the PrimeMinister, where he considers such consultation to be necessary,determine the number of Ministers of the Cabinet of Ministersand the Ministries and the assignment of subjects and functionsto such Ministers.(2) The President shall, on the advice of the Prime Minister,appoint from among Members of Parliament, Ministers, to be incharge of the Ministries so determined.(3) The President may at any time change the assignmentof subjects and functions and the composition of the Cabinetof Ministers. Such changes shall not affect the continuity of theCabinet of Ministers and the continuity of its responsibility toParliament.44. (1) The President may, on the advice of the PrimeMinister, appoint from among Members of Parliament, Ministerswho shall not be members of the Cabinet of Ministers.(2) The President may, in consultation with the PrimeMinister where he considers such consultation to be necessary,determine the assignment of subjects and functions to Ministersappointed under paragraph (1) of this Article and the Ministries,if any, which are to be in charge of, such Ministers.(3) The President may at any time change any assignmentmade under paragraph (2).31 – Chapter VIII was substituted by the Nineteenth Amendment to the Constitution Sec. 9Prime Ministerand the Cabinet ofMinistersMinisters andtheir subjects andfunctionsMinisters who arenot members of theCabinet of MinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka41(4) Every Minister appointed under paragraph (1) shall beresponsible to the Cabinet of Ministers and to Parliament.(5) Any Minister of the Cabinet of Ministers may, byNotification published in the Gazette, delegate to any Ministerwho is not a member of the Cabinet of Ministers, any poweror duty pertaining to any subject or function assigned to suchcabinet Minister, or any power or duty conferred or imposedon him by any written law, and it shall be lawful for such otherMinister to exercise and perform any power or duty delegatednotwithstanding anything to the contrary in the written lawby which that power or duty is conferred or imposed on suchMinister of the Cabinet of Ministers.45. (1)The President may, on the advice of the PrimeMinister, appoint from among Members of Parliament, DeputyMinisters to assist Ministers of the Cabinet of Ministers in theperformance of their duties.(2) Any Minister of the Cabinet of Ministers may byNotification published in the Gazette, delegate to his DeputyMinister, any power or duty pertaining to any subject or functionassigned to him or any power or duty conferred or imposed onhim by any written law, and it shall be lawful for such DeputyMinister to exercise and perform any power or duty delegatednotwithstanding anything to the contrary in the written lawby which that power or duty is conferred or imposed on suchMinister.46. (1) The total number of–(a) Ministers of the Cabinet of Ministers shall not exceedthirty; and(b) Ministers who are not members of the Cabinet ofMinisters and Deputy Ministers shall not, in theaggregate, exceed forty.(2) The Prime Minister shall continue to hold officethroughout the period during which the Cabinet of Ministerscontinues to function under the provisions of the Constitutionunless he -(a) resigns his offie by a writing under his handaddressed to the President; or(b) ceases to be a Member of Parliament.Deputy MinistersTenure of office ofthe Prime Minister,and the limitation ofnumbers and tenureof office of Ministersand DeputyMinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka42(3) A Minister of the Cabinet of Ministers, a Minister whois not a member of the Cabinet of Ministers and a DeputyMinister, shall continue to hold office throughout the periodduring which the Cabinet of Ministers continues to functionunder the provisions of the Constitution unless he–(a) is removed from offie under the hand of the Presidenton the advice of the Prime Minister;(b) resigns from offie by a writing under his handaddressed to the President; or(c) ceases to be a Member of Parliament.(4) Notwithstanding anything contained in paragraph(1) of this Article, where the recognized political party or theindependent group which obtains highest number of seatsin Parliament forms a National Government, the number ofMinisters in the Cabinet of Ministers, the number of Ministerswho are not Cabinet of Ministers and the number of DeputyMinisters shall be determined by Parliament.(5) For the purpose of paragraph (4), National Governmentmeans, a Government formed by the recognized political partyor the independent group which obtains the highest number ofseats in Parliament together with the other recognized politicalparties or the independent groups.47. (1) The Cabinet of Ministers functioning immediatelyprior to the dissolution of Parliament shall, notwithstandingsuch dissolution, continue to function and shall cease to functionupon the conclusion of the General Election and accordingly, thePrime Minister and the Ministers of the Cabinet of Ministers,shall continue to function unless they cease to hold office asprovided in sub paragraph (a) of paragraph (2) or sub paragraph(a) or (b) of paragraph (3) of Article 46 and shall comply withthe criteria set out by the Commissioner of Elections and shallnot cause any undue influence on the General Election.(2) Notwithstanding the death, removal from office orresignation of the Prime Minister, during the period interveningbetween the dissolution of Parliament and the conclusion ofthe General Election, the Cabinet of Ministers shall continue tofunction with the other Ministers of the Cabinet of Ministers asits members, until the conclusion of the General Election. ThePresident may appoint one such Minister to exercise, perform anddischarge the powers, duties and functions of the Prime Minister.Cabinet of Ministersafter dissolution ofParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka43(3) On the death, removal from office or resignation,during the period intervening between the dissolution ofParliament and the conclusion of the General Election, of aMinister of the Cabinet of Ministers, the President may, onthe advice of the Prime Minister, appoint any other Ministerto be the Minister in charge of the Ministry of such Ministeror to exercise, perform and discharge the powers, duties andfunctions of such Minister.48. (1) On the Prime Minister ceasing to hold office by death,resignation or otherwise, except during the period interveningbetween the dissolution of Parliament and the conclusion ofthe General Election, the Cabinet of Ministers shall, unless thePresident has in the exercise of his powers under Article 70,dissolved Parliament, stand dissolved and the President shallappoint a Prime Minister, Ministers of the Cabinet of Ministers,Ministers who are not members of the Cabinet of Ministers andDeputy Ministers in terms of Articles 42, 43, 44 and 45:Provided that if after the Prime Minister so ceases to holdoffice, Parliament is dissolved, the Cabinet of Ministers shallcontinue to function with the other Ministers of the Cabinet asits members, until the conclusion of the General Election. ThePresident may appoint one such Minister to exercise, perform anddischarge the powers, duties and functions of the Prime Minister,and the provisions of Article 47 shall, mutatis mutandis, apply.(2) If Parliament rejects the Statement of Government Policyor the Appropriation Bill or passes a vote of no-confidence in theGovernment, the Cabinet of Ministers shall stand dissolved, andthe President shall, unless he has in the exercise of his powersunder Article 70, dissolved Parliament, appoint a Prime Minister,Ministers of the Cabinet of Ministers, Ministers who are notmembers of the Cabinet of Ministers and Deputy Ministers interms of Articles 42, 43, 44 and 45.49. Whenever a Minister of the Cabinet of Ministers, aMinister who is not a members of the Cabinet of Ministers ora Deputy Minister is unable to discharge the functions of hisoffice, the President may, on the advice of the Prime Minister,appoint any Member of Parliament to act in the place of suchMinister of the Cabinet of Ministers, Minister who is not amember of the Cabinet of Ministers or a Deputy Minister.Dissolution of theCabinet of MinistersActing Ministersand DeputyMinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka4450. (1) There shall be a Secretary to the Cabinet of Ministerswho shall be appointed by the President.(2) The Secretary shall, subject to the direction of thePresident, have charge of the office of the Cabinet of Ministers,and shall discharge and perform such other functions and dutiesas may be assigned to him by the President or the Cabinet ofMinisters.51.(1) There shall be a Secretary to the Prime Minister whoshall be appointed by the President.(2) The Secretary shall have charge of the office of thePrime Minister and shall perform and discharge the duties andfunctions of his office, subject to the directions of the PrimeMinister.52. (1) There shall be a Secretary for every Ministry of aMinister of the Cabinet of Ministers, who shall be appointed bythe President.(2) The Secretary to a Ministry shall, subject to the directionand control of his Minister, exercise supervision over thedepartments of government and other institutions in charge ofthe Minister.(3) The Secretary to a Ministry shall cease to hold officeupon the dissolution of the Cabinet of Ministers under theprovisions of the Constitution or upon a determination by thePresident under Article 43 or 44 which results in the Ministryceasing to exist.(4) For the purposes of this Article, the office of the Secretaryto the President, the office of the Secretary to the Cabinet ofMinisters, the office of the Auditor-General, the office of theParliamentary Commissioner for Administration (Ombudsman),the office of the Secretary-General of Parliament, theConstitutional Council, and the Commissions referred to in theSchedule to Article 41B shall be deemed not to be departmentsof Government.53. Every person appointed to any office referred to in thisChapter shall not enter upon the duties of his office until he takesand subscribes the oath, or makes and subscribes the affirmation,set out in the Fourth Schedule and Seventh Schedule.Secretary to thePrime MinisterSecretaries toMinistriesOfficial oath andaffirmationSecretary to theCabinet of MinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka4532[ CHAPTER IXTHE EXECUTIVEThe Public Service54. 33[ (1) There shall be a Public Service Commission(in this Chapter referred to as the “Commission”) which shallconsist of nine members appointed by the President on therecommendation of the Constitutional Council, of whom notless than three members shall be persons who have had overfifteen years experience as a public officer. The President on therecommendation of the Constitutional Council shall appoint onemember as its Chairman.](2) No person shall be appointed as a member of theCommission or continue to hold office as such member if he isor becomes a member of Parliament, a Provincial Council or alocal authority.(3) Every person who immediately before his appointmentas a member of the Commission was a public officer inthe service of the State or a judicial officer, shall, upon suchappointment taking effect ceases to hold such office and shall beineligible for further appointment as a public officer or a judicialofficer:provided that any such person shall, until he ceases to be amember of the Public Service Commission, or while continuingto be a member, attains the age at which he would, if he were apublic officer or a judicial officer, as the case may be, be requiredto retire, be deemed to be a public officer or a judicial officerand to hold a pensionable office in the service of the State, forthe purpose of any provision relating to the grant of pensions,gratuities and other allowances in respect of such service.34[ (4) Every member of the Commission shall hold office fora period of three years from the date of appointment, unless themember becomes subject to any disqualification under paragraph(2) or earlier resigns from his office by writing addressed to thePresident or is removed from office by the President with the32 – original Chapter IX repealed and substituted by the Seventeenth Amendment to the Constitution Sec.433 – Substituted by the Nineteenth Amendment to the Constitution Sec.1034 – Substituted by the Nineteenth Amendment to the Constitution Sec.10Public ServiceCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka46approval of the Constitutional Council or is convicted by a courtof law of any offence involving moral turpitude or if a resolutionfor the imposition of civic disability upon the member has beenpassed in terms of Article 81 or is deemed to have vacated hisoffice under paragraph (6). ](5) A member of the Commission shall be eligible forreappointment as a member, but shall not be eligible forappointment as a public officer or a judicial officer after theexpiry of his term of office as a member. No member shall beeligible to hold office as a member of the Commission for morethan two terms.(6) A member of the Commission who without obtainingprior leave of the Commission absents himself from threeconsecutive meetings of the commission, shall be deemed tohave vacated office with effect from the date of the third of suchmeetings, and shall not be eligible thereafter to be reappointedas a member of the Commission.35[ (7) The President may grant a member leave from theperformance of his duties relating to the Commission for a periodnot exceeding two months and shall, for the duration of suchperiod, on the recommendation of the Constitutional Council,appoint a person qualified to be a member of the Commission, tobe a temporary member for the period of such leave. ](8) A member of the Commission shall be paid suchemoluments as may be determined by Parliament. Theemoluments paid to a member of the Commission shall becharged on the Consolidated Fund and shall not be diminishedduring the term of office of such member.(9) The Commission shall have the power to actnotwithstanding any vacancy in its membership, and no act,proceeding or decision of the Commission shall be or be deemedto be invalid by reason only of such vacancy or any defect in theappointment of a member.(10) There shall be a Secretary to the Commission who shallbe appointed by the Commission.(11) The members of the Commission shall be deemed tobe public servants, within the meaning and for the purposes ofChapter IX of the Penal Code.35 – Substituted by the Nineteenth Amendment to the Constitution Sec.10The Constitution of the Democratic Socialist Republic of Sri Lanka4736[ 55. (1) The Cabinet of Ministers shall provide for anddetermine all matters of policy relating to public officers,including policy relating to appointments, promotions, transfers,disciplinary control and dismissal.(2) The appointment, promotion, transfer, disciplinarycontrol and dismissal of all Heads of Department shall, vest inthe Cabinet of Ministers.(3) Subject to the provisions of the Constitution, theappointment, promotion, transfer, disciplinary control anddismissal of public officers shall be vested in the Public ServiceCommission.(4) The Commission shall not derogate from the powers andfunctions of the Provincial Public Service Commissions as areestablished by law.(5) The Commission shall be responsible and answerable toParliament in accordance with the provisions of the StandingOrders of Parliament for the exercise and discharge of its powersand functions. The Commission shall also forward to Parliamentin each calendar year, a report of its activities in respect of suchyear.56. (1) The Commission may delegate to a Committeeconsisting of three persons (not being members of theCommission) appointed by the Commission, the powers ofappointment, promotion, transfer, disciplinary control anddismissal of such categories of public officers 37[as are specifiedby the Commission.](2) The Commission shall cause the appointment of anysuch Committee to be published in the Gazette.(3) The procedure and quorum for meetings of any suchCommittee shall be as determined by the Commission by rulesmade in that behalf. The Commission shall cause such rules tobe published in the Gazette.(4) There shall be a Secretary to each Committee, who shallbe appointed by the Commission.57. (1) The Commission may delegate to a public officer,subject to such conditions and procedure as may be determinedPowers andfunctions ofthe Cabinet ofMinisters and of theCommissionCommittees of theCommissionDelegation ofpowers to a publicofficer36 – Original Article 55 repealed and substituted by the Eighteenth Amendment to the Constitution Sec.837 – substituted by the Eighteenth Amendment to the Constitution Sec.11 for “as are specifid by the Cabinet ofMinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka48by the Commission, its powers of appointment, promotion,transfer, disciplinary control and dismissal of such category ofpublic officers 38[as are specified by the Commission.](2) The Commission shall cause any such delegation to bepublished in the Gazette, including the conditions and proceduredetermined by the Commission for such purpose.58. (1) Any public officer aggrieved by an order relatingto a promotion, transfer, dismissal or an order on a disciplinarymatter made by a Committee or any public officer under Article56 or Article 57, in respect of the officer so aggrieved, mayappeal to the Commission against such order in accordancewith such rules made by the Commission from time to time,relating to the procedure to be followed in the making, hearingand determination of an appeal made to the Commission andthe period fixed within which an appeal should be heard andconcluded.(2) The Commission shall have the power upon such appealto alter, vary, rescind or confirm an order against which an appealis made, or to give directions in relation thereto, or to order suchfurther or other inquiry as to the Commission shall seem fit.(3) The Commission shall cause to be published in theGazette the rules made by it under paragraph (1) of this Article.59. (1) There shall be an Administrative Appeals Tribunalappointed by the Judicial Service Commission.(2) The Administrative Appeals Tribunal shall have thepower to alter, vary or rescind any order or decision made by theCommission.(3) The constitution, powers and procedure of such Tribunal,including the time limits for the preferring of appeals, shall beprovided for by law.60. Upon delegation of any of its powers to a Committee or apublic officer appointed under Article 56 or Article 57 as the casemay be, the Commission shall not, while such delegation is inforce, exercise or perform its functions or duties in regard to thecategories of public officers in respect of which such delegationis made, subject to the provisions contained in paragraphs (1)and (2) of Article 58.AdministrativeAppeals TribunalCommission notto exercise powerwhere there isdelegationRight of appeal38 – substituted by the Eighteenth Amendment to the Constitution Sec.11 for “as are specifid by the Cabinet ofMinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka4961. (1) The quorum for a meeting of the Commission shallbe five members.(2) All decisions of the Commission shall be made by amajority of votes of the members present at the meeting. Inthe event of an equality of votes, the member presiding at themeeting shall have a casting vote.(3) The Chairman of the Commission shall preside at allmeetings of the Commission and in his absence, a memberelected by the members present from amongst themselves, shallpreside at such meeting.61A. 39[Subject to the provisions of Article 59 and of Article126], no court or tribunal shall have power or jurisdiction toinquire into, or pronounce upon or in any manner call in questionany order or decision made by the Commission, a Committee, orany public officer, in pursuance of any power or duty conferredor imposed on such Commission, or delegated to a Committee orpublic officer, under this Chapter or under any other law.61B. Until the Commission otherwise provides, all rules,regulations and procedures relating to the public service as arein force on the date of the coming into operation of this Chapter,shall, mutatis mutandis, be deemed to continue in force as rules,regulations and procedures relating to the public service, as ifthey had been made or provided for under this Chapter.61C. (1) Every person who, otherwise than in the course ofsuch person’s lawful duty, directly or indirectly by himself or byor with any other person, in any manner whatsoever influencesor attempts to influence or interferes with any decision of theCommission, or a Committee or a public officer to whom theCommission has delegated any power under this Chapter, or toso influence any member of the Commission or a Committee,shall be guilty of an offence and shall on conviction be liableto a fine not exceeding one hundred thousand Rupees or toimprisonment for a term not exceeding seven years, or to bothsuch fine and imprisonment.(2) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1) of this Article.Immunity fromlegal proceedingsSavings of rules andregulations in forceInterference withthe CommissionProcedure atmeetings39 – substituted by the Nineteenth Amendment to the Constitution Sec.13 for “Subject to the provisions ofparagraphs (1), (2), (3), (4) and (5) of Article 126,The Constitution of the Democratic Socialist Republic of Sri Lanka5061D. A person appointed to any office referred to in thisChapter shall not enter upon the duties of his office until he takesand subscribes the oath or makes and subscribes the affirmationset out in the Fourth Schedule to the Constitution.40[61E. (1) The President shall appoint:-(a) the Heads of the Army, the Navy and the Air Force;(b) subject to the approval of the Constitutional Council,the Attorney-General and the Inspector-General ofPolice,(2) The holders of the Offices of Attorney-General and theInspector-General of Police shall retire from their respectiveOffice, upon their attaining the age of sixty years.61F. For the purposes of this Chapter “public officer” doesnot include a member of the Army, Navy, or Air Force, an officerof the Election Commission appointed by such Commission, apolice officer appointed by the National Police Commission,a scheduled public officer appointed by the Judicial ServiceCommission or a member of the Sri Lanka State Audit Serviceappointed by the Audit Service Commission. ]Oath or affirmationof officeAppointments bythe PresidentInterpretation40 – Substituted by the Nineteenth Amendment to the Constitution Sec.14The Constitution of the Democratic Socialist Republic of Sri Lanka51CHAPTER XTHE LEGISLATUREParliament62. 41[(1) There shall be a Parliament which shall consistof two hundred and twenty-five Members elected in accordancewith the provisions of the Constitution].42[(2) Unless Parliament is sooner dissolved, everyParliament shall continue for five years from the date appointedfor its first meeting and no longer, and the expiry of the saidperiod of five years shall operate as a dissolution of Parliament. ]63. Except for the purpose of electing the Speaker, noMember shall sit or vote in parliament until he has taken andsubscribed the following oath, or made and subscribed thefollowing affirmation, before Parliament :– solemnlydeclare and affirm“I …… do ––––––––––––––––––––––––– that I will uphold swearand defend the Constitution of the Democratic SocialistRepublic of Sri Lanka.”64. (1) Parliament shall, at its first meeting after a GeneralElection, elect three Members to be respectively the Speaker,the Deputy Speaker and Chairman of Committees (hereinafterreferred to as the “Deputy Speaker”) and the Deputy Chairmanof Committees thereof.(2) A member holding office as the Speaker or the DeputySpeaker or the Deputy Chairman of Committees shall, unless heearlier resigns his office by a writing under his hand addressed tothe President or ceases to be a Member, vacate his office on thedissolution of Parliament.(3) Whenever the office of Speaker, Deputy Speaker or DeputyChairman of Committees becomes vacant otherwise than as a resultof a dissolution of Parliament, Parliament shall at its first meetingafter the occurrence of the vacancy elect another Member to bethe Speaker, the Deputy Speaker or the Deputy Chairman ofCommittees, as the case may be.41 – Article 62(1) repealed and substituted by the Fourteenth Amendment to the Constitution Sec.3.42 – Article 62(2) repealed and substituted by the Nineteenth Amendment to the Constitution Sec.15ParliamentOfficial oath oraffirmationSpeaker, DeputySpeaker and DeputyChairman ofCommitteesThe Constitution of the Democratic Socialist Republic of Sri Lanka52(4) If Parliament, after having been dissolved, is summonedunder paragraph (7) of Article 70, each of the Membersmentioned in paragraph (2) of this Article shall, notwithstandinganything therein, resume and continue to hold his office whilethat Parliament is kept in session.(5) The Speaker, or in his absence the Deputy Speaker, or intheir absence the Deputy Chairman of Committees, shall presideat sittings of Parliament. If none of them is present, a Memberelected by Parliament for the sitting shall preside at the sittingof Parliament.43[65. (1) There shall be a Secretary-General of Parliamentwho shall, subject to the approval of the Constitutional Council,be appointed by the President and who shall hold office duringgood behaviour. ](2) The salary of the Secretary-General shall be determinedby Parliament, shall be charged on the Consolidated Fund andshall not be diminished during his term of office.(3) The members of the staff of the Secretary-General shallbe appointed by him with the approval of the Speaker.(4) The salaries of the members of the staff of the SecretaryGeneral 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 thePresident ;(c) on his attaining the age of sixty years, unlessParliament otherwise provides by law ;(d) on his removal by the President on account of illhealth or physical or mental infimity ; or(e) on his removal by the President upon an address ofParliament.44[(6) Whenever the Secretary-General is unable to dischargethe functions of his office, the President may, subject to to theapproval of the Constitutional Council, appoint a person to act inthe place of the Secretary-General. ]43 – Substituted by the Nineteenth Amendment to the Constitution Sec.16 (1)44 – Substituted by the Nineteenth Amendment to the Constitution Sec.16 (2)Secretary-Generalof ParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka5366. The seat of a Member shall become vacant –(a) upon his death ;(b) If, by a writing under his hand addressed to theSecretary-General of Parliament, he resigns his seat ;(c) upon his assuming the offie of President consequentto his election to such offie, either by the People orby Parliament ;(d) if he becomes subject to any disqualifiation specifidin Article 89 or 91 ;(e) if he becomes a member of the Public Service or anemployee of a public corporation or, being a memberof the Public Service or an employee of a publiccorporation, does not cease to be a member of suchService or an employee of such corporation, beforehe sits in Parliament ;(f) if, without the leave of Parliament fist obtained,he absents himself from the sittings of Parliamentduring a continuous period of three months ;(g) if his election as a Member is declared void under thelaw in force for the time being ;(h) upon the dissolution of Parliament ; or(i) upon a resolution for his expulsion being passed interms of Article 81.67. The privileges, immunities and powers of Parliament andof its Members may be determined and regulated by Parliamentby law and until so determined and regulated, the provisionsof the Parliament (Powers and Privileges) Act, shall, mutatismutandis, apply.68. (1) Ministers, Deputy Ministers and Members, includingthe Speaker, the Deputy Speaker and the Deputy Chairman ofcommittees, shall be paid such remuneration or allowance asmay be provided by Parliament, by law or by resolution, and thereceipt thereof shall not disqualify the recipient from sitting orvoting in Parliament.(2) Until Parliament so provides, the remuneration payableto Ministers, Deputy Ministers and Members, including theSpeaker, the Deputy Speaker and the Deputy Chairman ofPrivileges,immunitiesand powers ofParliament andMembersAllowances ofMembersvacation of seatsThe Constitution of the Democratic Socialist Republic of Sri Lanka54Committees, shall be the same as the remuneration paid toMinisters, Deputy Ministers and Members including theSpeaker, the Deputy Speaker and the Deputy Chairman ofCommittees of the National State Assembly immediately priorto the commencement of the Constitution.69. Parliament shall have power to act notwithstanding anyvacancy in its membership and its proceedings shall be validnotwithstanding that it is discovered subsequently that a personwho was not entitled so to do sat or voted or otherwise took partin the proceedings.Powers ofParliament to actnotwithstandingvacanciesThe Constitution of the Democratic Socialist Republic of Sri Lanka55CHAPTER XITHE LEGISLATUREProcedure and Powers70. 45[ (1) The President may by Proclamation, summon,prorogue and dissolve Parliament:Provided that the President shall not dissolve Parliamentuntil the expiration of a period of not less than four years andsix months from the date appointed for its first meeting, unlessParliament requests the President to do so by a resolution passedby not less than two-thirds of the whole number of Members(including those not present), voting in its favour .](2) Parliament shall be summoned to meet once at least inevery year.(3) A Proclamation proroguing Parliament shall fix a datefor the next session, not being more than two months after thedate of the Proclamation :Provided that at any time while Parliament stands proroguedthe President may by Proclamation –(i) summon Parliament for an earlier date, not being lessthan three days from the date of such Proclamation,or(ii) subject to the provisions of this Article, dissolveParliament.(4) All matters which, having been duly brought beforeParliament, have not been disposed of at the time of theprorogation of Parliament, may be proceeded with during thenext session.(5) (a) A Proclamation dissolving Parliament shall fix a dateor dates for the election of Members of Parliament, and shallsummon the new Parliament to meet on a date not later thanthree months after the date of such Proclamation.(b) Upon the dissolution of Parliament by virtue of theprovisions of paragraph (2) of Article 62, the President shallforthwith by Proclamation fix a date or dates for the election of45 – Substituted by the Nineteenth Amendment to the Constitution Sec.17Sessions ofParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka56Members of Parliament, and shall summon the new Parliamentto meet on a date not later than three months after the date ofsuch Proclamation.(c) The date fixed for the first meeting of Parliament by aProclamation under sub-paragraph (a) or sub-paragraph (b) maybe varied by a subsequent Proclamation, provided that the dateso fixed by the subsequent Proclamation shall be a date not laterthan three months after the date of the original Proclamation.(6) Where the poll for the election of the President is to betaken on a date which falls between the date of dissolution ofParliament and the date before which Parliament is required byparagraph (5) of this Article to be summoned to meet, Parliamentshall, notwithstanding anything in that paragraph, be summonedto meet on a date not later than four months after the date ofdissolution of Parliament.(7) If at any time after the dissolution of Parliament, thePresident is satisfied that an emergency has arisen of such anature that an earlier meeting of Parliament is necessary, hemay by Proclamation summon the Parliament which has beendissolved to meet on a date not less than three days from the dateof such Proclamation and such Parliament shall stand dissolvedupon the termination of the emergency or the conclusion of theGeneral Election, whichever is earlier.71. Parliament may adjourn from time to time as it maydetermine by resolution or Standing Order, until it is proroguedor dissolved.72. (1) Save as otherwise provided in the Constitution anyquestion proposed for decision by Parliament shallbe decided by the majority of votes of the Memberspresent and voting.(2) The person presiding shall not vote in the fistinstance but shall have and exercise a casting vote inthe event of an equality of votes.73. If at any time during a meeting of Parliament theattention of the person presiding is drawn to the fact that thereare fewer than twenty Members present, the person presidingshall, subject to any Standing Order, adjourn the sitting withoutquestion put.AdjournmentVotingQuorumThe Constitution of the Democratic Socialist Republic of Sri Lanka5774. (1) Subject to the provisions of the Constitution,Parliament may by resolution or Standing Order provide for –(i) the election and retirement of the Speaker, the DeputySpeaker and the Deputy Chairman of Committees,and(ii) the regulation of its business, the preservation oforder at its sittings and any other matter for whichprovision is required or authorized to be so made bythe Constitution.(2) Until Parliament otherwise provides by law or byresolution, the Standing Order of the National State Assembly,operative immediately prior to the commencement of theConstitution, shall, mutatis mutandis, be the Standing Orders ofParliament.75. Parliament shall have power to make laws, includinglaws having retrospective effect and repealing or amending anyprovision of the Constitution, or adding any provision to theConstitution :Provided that Parliament shall not make any law –(a) suspending the operation of the Constitution or anypart thereof, or(b) repealing the Constitution as a whole unless such lawalso enacts a new Constitution to replace it.76. (1) Parliament shall not abdicate or in any manneralienate its legislative power and shall not set up any authoritywith any legislative power.(2) It shall not be a contravention of the provisions ofparagraph (1) of this Article for Parliament to make, in any lawrelating to public security, provision empowering the Presidentto make emergency regulations in accordance with such law.(3) It shall not be a contravention of the provisions ofparagraph (1) of this Article for Parliament to make any lawcontaining any provision empowering any person or body tomake subordinate legislation for prescribed purposes, includingthe power –(a) to appoint a date on which any law or any part thereofshall come into effect or cease to have effect ;Standing OrdersDelegation oflegislative powerLegislative powerThe Constitution of the Democratic Socialist Republic of Sri Lanka58(b) to make by order any law or any part thereofapplicable to any locality or to any class of persons ;and(c) to create a legal person, by an order or an Act.in sub-paragraphs (a) and (b) of this paragraph, “law”includes existing law.(4) Any existing law containing any such provision asaforesaid shall be valid and operative.77. (1) It shall be the duty of the Attorney-General toexamine every Bill for any contravention of the requirementsof paragraphs (1) and (2) of Article 82 and for any provisionwhich cannot be validly passed except by the special majorityprescribed by the Constitution ; and the Attorney-General or anyofficer assisting the Attorney-General in the performance of hisduties under this Article shall be afforded all facilities necessaryfor the performance of such duties.(2) If the Attorney-General is of the opinion that a Billcontravenes any of the requirements of paragraphs (1) and (2) ofArticle 82 or that any provision in a Bill cannot be validly passedexcept by the special majority prescribed by the Constitution, heshall communicate such opinion to the President :Provided that in the case of an amendment proposed to aBill in Parliament, the Attorney-General shall communicate hisopinion to the Speaker at the stage when the Bill is ready to beput to Parliament for its acceptance.78. 46[ (1) Every Bill shall be published in the Gazette atleast fourteen days before it is placed on the Order Paper ofParliament. ](2) The passing of a Bill or a resolution by Parliament shallbe in accordance with the Constitution and the Standing Ordersof Parliament. Any one or more of the Standing Orders may besuspended by Parliament in the circumstance and in the mannerprescribed by the Standing Orders.79. The Speaker shall endorse on every Bill passed byParliament a certificate in the following form :–“This Bill (here state the short title of the Bill) has beenduly passed by Parliament.”Duties of AttorneyGeneral in regard topublished BillsPublication of Billsand passing of Billsand resolutionsCertificate ofSpeaker46 – Substituted by the Nineteenth Amendment to the Constitution Sec.18The Constitution of the Democratic Socialist Republic of Sri Lanka59Such certificate may also state the majority by which suchBill was passed :Provided that where by virtue of the provisions of Article 82or Article 83 or Article 84 or Article 123(2) a special majority isrequired for the passing of a Bill, the Speaker shall certify suchBill only if such Bill has been passed with such special majority:Provided further that where by virtue of Article 83, the Billor any provision thereof requires the approval of the People ata Referendum, such certificate shall further state that the Billor such provision shall not become law until approved by thePeople at a Referendum.80. (1) Subject to the provisions of paragraph (2) of thisArticle, a Bill passed by Parliament shall become law when thecertificate of the Speaker is endorsed thereon.(2) Where the Cabinet of Ministers has certified that any Billor any provision thereof is intended to be submitted for approvalby the People at a Referendum or where the Supreme Courthas determined that a Bill or any provision thereof required theapproval of the People at a Referendum or where any Bill issubmitted to the People by Referendum under paragraph (2) ofArticle 85, such Bill or such provision shall become law uponbeing approved by the People at a Referendum in accordancewith paragraph (3) of Article 85 only when the President certifiesthat the Bill or provision thereof has been so approved. ThePresident shall endorse on every Bill so approved a certificatein the following form:“This Bill/provision has been 47[ duly approved by thePeople at a Referendum.”No such certificate shall be endorsed by the President on aBill –(a) in any case where no petition is fied challenging thevalidity of the Referendum at which such Bill wasapproved by the People, until after the expirationof the period within which a petition may be fied,under the law applicable in that behalf, challengingthe validity of such referendum ;47 – Substituted by the Fourteenth Amendment to the Constitution Sec.4 for “duly approved by the People at aReferendum”.When Bill becomeslawThe Constitution of the Democratic Socialist Republic of Sri Lanka60(b) in any case where a petition is fied challenging thevalidity of the Referendum at which such Bill wasapproved by the People, until after the SupremeCourt determines that such Referendum was valid.]Every such certificate shall be final and conclusive and shallnot be called in question in any court.(3) Where a Bill becomes law upon the certificate of thePresident or the Speaker, as the case may be being endorsedthereon, no court or tribunal shall inquire into, pronounce uponor in any manner call in question, the validity of such Act on anyground whatsoever.81. (1) Where a Special Presidential Commission of Inquiryestablished under the Special Presidential Commissions ofInquiry Law, No. 07 of 1978 and consisting of a member eachof whom is a Judge of the Supreme Court, Court of Appeal,High Court or the District Court recommends that any personshould be made subject to civic disability by reason of anyact done or omitted to be done by such person before or afterthe commencement of the Constitution, Parliament may byresolution pass by not less than two-thirds of the whole numberof Members (including those not present) voting in its favour -(a) impose civic disability on such person for a periodnot exceeding seven years, and(b) expel such person from Parliament, if he is a Memberof Parliament.Where a Special Presidential Commission of Inquiryconsists of more than one member, a recommendation madeby the majority of such members, in case of any difference ofopinion, shall be, and shall be deemed for all purposes to be, therecommendation of such Commission of Inquiry.(2) No such resolution shall be entertained by the Speakeror placed on the Order Paper of Parliament unless introduced bythe Prime Minister with the approval of the Cabinet of Ministers.Expulsion ofMembers andimposition of civicdisabilityThe Constitution of the Democratic Socialist Republic of Sri Lanka61(3) The Speaker shall endorse on every resolution passedin accordance with the preceding provisions of this Article acertificate in the following form :–“This resolution has been duly passed by Parliamentin accordance with the provisions of Article 81 of theConstitution.”Every such Certificate shall be conclusive for all purposesand shall not be questioned in any court, and no court ortribunal shall inquire into, or pronounce upon or in any mannercall in question, the validity of such resolution on any groundwhatsoever.(4) In this Article, “District Court” means a District Courtcreated and established by existing law and includes a Court thatmay be created by Parliament to exercise and perform powersand functions corresponding or substantially similar to thepowers and functions exercised and performed by the DistrictCourt.The Constitution of the Democratic Socialist Republic of Sri Lanka62CHAPTER XIITHE LEGISLATUREAMENDMENT OF THE CONSTITUTION82. (1) No Bill for the amendment of any provision of theConstitution shall be placed on the Order Paper of Parliament,unless the provision to be repealed, altered or added, andconsequential amendments, if any, are expressly specified in theBill and is described in the long title thereof as being an Act forthe amendment of the Constitution.(2) No Bill for the repeal of the Constitution shall be placedon the Order Paper of Parliament unless the Bill containsprovisions replacing the Constitution and is described in thelong title thereof as being an Act for the repeal and replacementof the Constitution.(3) If in the opinion of the Speaker, a Bill does not complywith the requirements of paragraph (1) or paragraph (2) of thisArticle, he shall direct that such Bill be not proceeded withunless it is amended so as to comply with those requirements.(4) Notwithstanding anything in the preceding provisions ofthis Article, it shall be lawful for a Bill which complies with therequirements of paragraph (1) or paragraph (2) of this Article tobe amended by Parliament provided that the Bill as so amendedshall comply with those requirements.(5) A Bill for the amendment of any provision of theConstitution or for the repeal and replacement of the Constitution,shall become law if the number of votes cast in favour thereofamounts to not less than two-thirds of the whole number ofMembers (including those not present) and upon a certificate bythe President or the Speaker, as the case may be, being endorsedthereon 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 provisionthereof, or be so interpreted or construed, unless enacted inaccordance with the requirements of the preceding provisionsof this Article.(7) In this Chapter, “amendment” includes repeal, alterationand addition.Amendment orrepeal of theConstitution mustbe expressedThe Constitution of the Democratic Socialist Republic of Sri Lanka6383. Notwithstanding anything to the contrary in theprovisions of Article 82 –(a) a Bill for the amendment or for the repeal andreplacement of or which is inconsistent with any ofthe provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11or of this Article ; and(b) a Bill for the amendment or for the repeal andreplacement of or which is inconsistent with theprovisions of paragraph (2) of Article 30 or of,paragraph (2) of Article 62 which would extend theterm of offie of the President, or the duration ofParliament, as the case may be, to over six years,shall become law if the number of votes cast in favourthereof amounts to not less than two-thirds of the whole numberof Members (including those not present), is approved by thePeople at a Referendum and a certificate is endorsed thereon bythe President in accordance with Article 80.84. (1) A Bill which is not for the amendment of anyprovision of the Constitution or for the repeal and replacement ofthe Constitution, but which is inconsistent with any provision ofthe Constitution may be placed on the Order paper of Parliamentwithout complying with the requirements of paragraph (1) orparagraph (2) of Article 82.(2) Where the Cabinet of Ministers has certified that a Billis intended to be passed by the special majority required by thisArticle or where the Supreme Court has determined that a Billrequires to be passed by such special majority, such Bill shallbecome law only if the number of votes cast in favour thereofamounts to not less than two-thirds of the whole number ofMembers (including those not present) and a certificate by thePresident or the Speaker, as the case may be, is endorsed thereonin accordance with the provisions of Article 80 or 79.(3) Such a Bill when enacted into law shall not, and shall notbe deemed to, amend, repeal or replace the Constitution or anyprovision thereof, and shall not be so interpreted or construed,and may thereafter be repealed by a majority of the votes of theMembers present and voting.Approval ofcertain Bills at aReferendumBills inconsistentwith theConstitutionThe Constitution of the Democratic Socialist Republic of Sri Lanka64CHAPTER XIIITHE REFERENDUM85. (1) The President shall submit to the People byReferendum every Bill or any provision in any Bill whichthe Cabinet of Ministers has certified as being intended to besubmitted to the People by Referendum, or which the SupremeCourt has determined as requiring the approval of the Peopleat a Referendum if the number of votes cast in favour of suchBill amounts to not less than two-thirds of the whole number ofMembers (including those not present).48 [ (2) Repealed ].(3) Any Bill or any provision in any Bill submitted to thePeople by Referendum shall be deemed to be approved by thePeople if approved by an absolute majority of the valid votescast at such Referendum :Provided that when the total number of valid votes cast doesnot exceed two-thirds of the whole number of electors entered inthe register of electors, such Bill shall be deemed to be approvedonly if approved by not less than one-third of the whole numberof such electors.86. The President may, subject to the provisions of Article85, submit to the People by Referendum any matter which in theopinion of the President is of national importance.87. (1) Every Referendum shall be conducted by theCommissioner of Elections who shall communicate the resultthereof to the President.(2) Parliament shall by law provide for all matters relatingto the procedure for the submission of Bills and of matters ofnational importance to the People by Referenda, the register ofelectors to be used at a Referendum, the creation of offencesrelating thereto and the punishment therefor and, all othermatters necessary or incidental thereto.Submission ofBills to People byReferendumSubmission ofmatters withnational importanceto People byReferendum.Parliamentto provide forprocedure.48 – Article 85(2) was repealed by the Nineteenth Amendment to the Constitution Sec.19The Constitution of the Democratic Socialist Republic of Sri Lanka65CHAPTER XIVTHE FRANCHISE AND ELECTIONS88. Every person shall, unless disqualified as hereinafterprovided, be qualified to be an elector at the election of thePresident and of the Members of Parliament or to vote at anyReferendum:Provided that no such person shall be entitled to vote unlesshis name is entered in the appropriate register of electors.89. No person shall be qualified to be an elector at anelection of the President, or of the Members of Parliament or tovote at any Referendum, if he is subject to any of the followingdisqualifications, namely –(a) if he is not a citizen of Sri Lanka ;(b) if he has not attained the age of eighteen years on thequalifying date specifid by law under the provisionsof Article 101 ;(c) if he is under any law in force in Sri Lanka found ordeclared to be of unsound mind ;(d) if he is serving or has during the period of sevenyears immediately preceding completed serving of asentence of imprisonment (by whatever name called)for a term not less than six months imposed afterconviction by any court for an offence punishablewith imprisonment for a term not less than twoyears or is under sentence of death or is serving orhas during the period of seven years immediatelypreceding completed the serving of a sentence ofimprisonment for a term not less than six monthsawarded in lieu of execution of such sentence : Provided that if any person disqualifid underthis paragraph is granted a free pardon suchdisqualifiation shall cease from the date on whichthe 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 convictedof any offence under section 52(1) or 53 of theCeylon (Parliamentary Elections) Order inRight to be anelectorDisqualification tobe an electorThe Constitution of the Democratic Socialist Republic of Sri Lanka66Council, 1946, or of such offence under the lawfor the time being relating to Referenda or tothe election of the President or of Members ofParliament as would correspond to an offenceunder either of the said two sections ;(ii) the last of the dates, if any, of his beingconvicted of a corrupt practice under theCeylon (Parliamentary Elections) Order inCouncil, 1946, or of such offence under thelaw for the time being relating to Referenda orto the election of the President or of Membersof Parliament as would correspond to the saidcorrupt practice ;(iii) the last of the dates, if any, being a date afterthe commencement of the Constitution, ofa report made by a Judge fiding him guiltyof any corrupt practice under the Ceylon(Parliamentary Elections) Order in Council,1946, or under any law for the time beingrelating to Referenda or to the election of thePresident or of Members of Parliament ;(iv) the last of the dates, if any, of his being convictedor found guilty of bribery under the provisionsof the Bribery Act or of any future law as wouldcorrespond to the Bribery Act;(f) if a period of fie years has not elapsed since -(i) the last of the dates, if any, of his being convictedof any offence under the provisions of sections77 to 82 (both inclusive) of the Local AuthoritiesElections Ordinance or for such offence underany future law as would correspond to anyoffence under the said sections ; or(ii) the last of the dates, if any, of his being convictedof an offence under the provisions of sections2 and 3 of the Public Bodies (Prevention ofCorruption) Ordinance or of such offence underany future law as would correspond to the saidoffence ;The Constitution of the Democratic Socialist Republic of Sri Lanka67(g) if a period of three years has not elapsed since –(i) the last of the dates, if any, of his beingconvicted of an illegal practice under theCeylon (Parliamentary Elections) Order inCouncil, 1946, or of such offence under thelaw for the time being relating to Referenda orto the election of the President or of Membersof Parliament as would correspond to the saidillegal practice ;(ii) The last of the dates, if any, being a date afterthe commencement of the Constitution, of areport made by a Judge fiding him guilty of anyillegal practice under the Ceylon (ParliamentaryElections) Order in Council, 1946, or under anylaw for the time being relating to Referenda orto the election of the President or of Membersof Parliament ;(h) if a resolution for the imposition of civic disabilityupon him has been passed in terms of Article 81, andthe period of such civic disability specifid in suchresolution has not expired;(i) if a period of seven years has not elapsed since -(i) the date of his being convicted of any offenceunder the provisions of sections 188 to 201(both inclusive) of the Penal Code or for suchother offence under any future law as wouldcorrespond to any offence under the saidsections, or(ii) the date of his being convicted of an offenceof contempt against, or in disrespect of,the authority of any Special PresidentialCommission of Inquiry consisting of suchmember or members specifid in Article 81 byreason of – (1) the failure of such person, without causewhich in the opinion of such Commissionis reasonable, to appear before suchCommissionat the time and place mentionedin any summons which such Commissionis empowered by law to issue, orThe Constitution of the Democratic Socialist Republic of Sri Lanka68 (2) the refusal of such person to be swornor affimed, or the refusal or failureof such person, without cause whichin the opinion of such Commission isreasonable, to answer any question put tosuch person touching the matters directedto be inquired into by such Commission,or (3) the refusal or failure of such person,without cause which in the opinion of suchCommission is reasonable, to produce andshow to such Commission any documentor thing which is in the possession orpower of such person and which in theopinion of such Commission is necessaryfor arriving at the truth of the matters to beinquired into by such Commission.(j) if the period of his disqualifiation imposed under49[Article 116 or Article 111C, as the case may be]has not elapsed.90. Every person who is qualified to be an elector shall bequalified to be elected as a Member of Parliament unless he isdisqualified under the provisions of Article 91.91. (1) No person shall be qualified to be elected as aMember of Parliament or to sit and vote in Parliament -(a) if he is or becomes subject to any of thedisqualifiations specifid in Article 89 ;(b) if he -(i) stands nominated as a candidate for electionfor more than one electoral district at a GeneralElection,(ii) stands nominated as a candidate for electionby more than one recognized political party orindependent group in respect of any electoraldistrict,(iii) stands nominated as a candidate for election foran electoral district and before the conclusion of49 – Substituted by the Seventeenth Amendment to the Constitution Sec.6 for “Article 116”.Qualificationfor election asa Member ofParliamentDisqualificationfor election asa Member ofParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka69the election for that electoral district he standsnominated as a candidate for election for anyother electoral district, or(iv) being a Member of Parliament, except in thecircumstances referred to in Article 70(7)or Article 155(4)(i), stands nominated as acandidate for election for any electoral district;(c) if he is the President of the Republic ;(d) if he is -(i) a judicial offier,(ii) the Parliamentary Commissioner forAdministration,(iii) the Secretary-General of Parliament or amember of his staff,(iv) a member of the Public Service Commission,50[(iva) a member of a Provincial Public ServiceCommission, ]51[(v) a member of the Constitutional Council,referred to in sub-paragraph(e) of paragraph(1) of Article 41A other than any Member ofParliament;(va) a member of any Commission specifid in theSchedule to Article 41B;(vb) the Commissioner General of Elections;](vi) the Auditor-General,52[(vii) 53[a public offier or a member of the SriLanka State Audit Service holding any offie]created prior to November 18, 1970, the initialof the salary scale of which was, on November18, 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,50 – Inserted by the Seventeenth Amendment to the Constitution Sec.7(1)51 – Substituted by the Nineteenth Amendment to the Constitution Sec.2052- Substituted for (vii), (viii), (ix), (x) by Sec. (2) of the Ninth Amendment to the Constitution.53 – Substituted by the Nineteenth Amendment to the Constitution Sec.20 for “a public offier holding any offie”The Constitution of the Democratic Socialist Republic of Sri Lanka70(viii) 54[a public offier or a member of the SriLanka State Audit Service holding any offie]created after November 18, 1970, the initial ofthe salary scale of which is, on the date of thecreation of that offie, not less than the initialof the salary scale applicable, on that date,to an offie referred to in item (vii) or suchother amount per annum as would, under anysubsequent revision of salary scales, correspondto the fist-mentioned initial,]55[(viiia) an offier of a Provincial Public Serviceholding any offie created after February 01,1988, the initial of the salary scale of which is,on the date of the creation of that offie, not lessthan such amount as determined by resolutionof Parliament, or such other amount per annumas would, under any subsequent revision ofsuch salary scales, correspond to such initial,]56[(ix) an offier in any public corporation holdingany offie created prior to November 18, 1970,the initial of the salary scale of which was, onNovember 18, 1970, not less than Rs. 7,200per annum or such other amount per annum aswould, under any subsequent revision of salaryscales, correspond to such initial,(x) an offier in any public corporation holdingany offie created after November 18, 1970,the initial of the salary scale of which is, onthe date of creation of that offie, not less thanthe initial of the salary scale applicable on thatdate to an offie referred to in item (ix) or suchother amount per annum as would, under anysubsequent revision of salary scales, correspondto the fist mentioned initial, (xi) a member of the Regular Force of the Army,Navy or Air Force ; or(xii) a police offier or a public offier exercisingpolice function ;]54 – Substituted by the Nineteenth Amendment to the Constitution Sec.20 for “a public offier holding any offie”55 – Inserted by Sec. 7(4) of the Seventeenth Amendment to the Constitution56 – Substituted for (vii), (viii), (ix), (x) by Sec. (2) of the Ninth Amendment to the Constitution.The Constitution of the Democratic Socialist Republic of Sri Lanka7157[(xiii) a citizen of Sri Lanka who is also a citizen of anyother country;(e) if he has any such interest in any such contract madeby or on behalf of the State or a public corporation asParliament shall by law prescribe ; (f) if he is an undischarged bankrupt or insolvent, havingbeen declared bankrupt or insolvent; (g) if during the preceding seven years he has beenadjudged by a competent court or by a SpecialPresidential Commission of Inquiry to have accepteda bribe or gratifiation offered with a view toinflencing his judgment as a Member of Parliamentor as a member of the legislature prior to thecommencement 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 anyallowance or other payment made to him by any trade union orother organization solely for the purpose of his maintenance shallbe deemed not to be the acceptance of a bribe or gratification.92. Every person who is qualified to be an elector shall bequalified to be elected to the office of President unless he issubject to any of the following disqualifications –(a) if he has not attained the age of 58[thirty fie] years ;(b) if he is not qualifid to be elected as a Member ofParliament under sub-paragraph (d), (e), (f) or (g) ofparagraph (1) of Article 91 ; and59[(c) if he has been twice elected to the offie of Presidentby the People. ](d) if he has been removed from the offie of Presidentunder the provisions of sub-paragraph (e) ofparagraph (2) of Article 38.93. The voting for the election of the President of the Republicand of the Members of Parliament and at any Referendum shallbe free, equal and by secret ballot.57 – Substituted by the Nineteenth Amendment to the Constitution Sec.2058 – Substituted by the Nineteenth Amendment to the Constitution Sec.20 for “thirty”59 – Article 92(c) repealed by the Eighteenth Amendment to the Constitution Sec 15; and inserted by theNineteenth Amendment to the Constitution Sec.20.Disqualification forelection as PresidentElection to be free,equal and secret.The Constitution of the Democratic Socialist Republic of Sri Lanka7294. (1) At the election of the President every voter whilecasting his vote for any candidate may -(a) where there are three candidates for election, specifyhis second preference; and(b) where there are more than three candidates forelection, specify his second and third preferences.(2) The candidate, if any, who receives more than one-halfof 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 thecandidates who received the highest and second highest numberof such votes, shall be eliminated from the contest, and –(a) the second preference of each voter whose vote hadbeen for a candidate eliminated from the contest,shall, if it is for one or the other of the remaining twocandidates, be counted as a vote for such candidateand be added to the votes counted in his favour underparagraph (2) ; and(b) the third preference of each voter referred to in subparagraph (a) whose second preference is not countedunder that sub paragraph shall, if it is for one or theother of the remaining two candidates, be counted asa vote for such candidate and be added to the votescounted in his favour under sub-paragraph (a) andparagraph (2),and the candidate who receives the majority of the votes socounted shall be declared elected as President.(4) Where an equality is found to exist between the votesreceived by two or more candidates and the addition of one votewould determine –(a) which candidate is to be declared elected under thisArticle ; or(b) which candidate is not to be eliminated under thisArticle,then the determination of the candidate to whom suchadditional vote shall be deemed to have been given for thepurpose of such determination shall be made by lot.Election of thePresidentThe Constitution of the Democratic Socialist Republic of Sri Lanka7395. (1) Within three months of the commencement of theConstitution the President shall for the delimitation of ElectoralDistricts, establish a Delimitation Commission consistingof three persons appointed by him who he is satisfied are notactively engaged in politics. The President shall appoint one ofsuch persons to be the Chairman.(2) If any member of the Delimitation Commission shall dieor resign or if the President is satisfied that any such memberhas become incapable of discharging his functions as such, thePresident shall, in accordance with the provisions of paragraph(1) of this Article, appoint another person in his place.96. (1) The Delimitation Commission shall divide Sri Lankainto not less than twenty and not more than 60[twenty-five]Electoral Districts and shall assign names thereto.(2) Each Province of Sri Lanka may itself constitute anelectoral district or may be divided into two or more electoraldistricts.(3) Where a Province is divided into a number of electoraldistricts the Delimitation Commission shall have regard tothe existing administrative districts so as to ensure as far as ispracticable that each electoral district shall be an administrativedistrict or a combination of two or more administrativedistricts or two or more electoral districts together constitute anadministrative district.(4) The electoral districts of each Province shall together beentitled to return four members, (independently of the numberof members which they are entitled to return by reference tothe number of electors whose names appear in the registersof electors of such electoral districts) and the DelimitationCommission shall apportion such entitlement equitably amongsuch electoral districts.(5) In the event of a difference of opinion among the membersof the Delimitation Commission, the opinion of the majoritythereof shall prevail and shall be deemed to be the decision ofthe Commission. Where each member of the Commission is of adifferent opinion, the opinion of the Chairman shall be deemedto be the decision of the Commission. Any dissentient membermay state his reasons for such dissent.DelimitationCommissionElectoral Districts60 – Substituted by the Seventh Amendment to the Constitution Sec.3 for “Twenty Four”‘The Constitution of the Democratic Socialist Republic of Sri Lanka74(6) The Chairman of the Delimitation Commission shallcommunicate the decisions of the Commission together with thereasons, if any, stated by a dissentient member to the President.61[ 96A repealed ]97. The President shall by proclamation publish the names andboundaries of the electoral districts and the number of members,which each such electoral district is entitled to return by virtueof the provisions of paragraph (4) of Article 96 in accordancewith the decision of the Delimitation Commission. The electoraldistricts specified in the Proclamation shall come into operation atthe next ensuing General Election of Members of Parliament andshall thereafter be the electoral districts of Sri Lanka for all thepurposes of the Constitution and of any law for the time being inforce relating to the election of Members of Parliament.98. (1) The several electoral districts shall together beentitled to return one hundred and ninety-six members.(2) The apportionment of the number of members that eachelectoral district shall be entitled to return shall, in the caseof thirty-six members, be determined in accordance with theprovisions of paragraph (4) of Article 96.(3) The apportionment of the number of members that eachelectoral district shall be entitled to return out of the balancenumber of one hundred and sixty members shall be determinedin accordance with the succeeding provisions of this Article.(4) The total number of electors whose names appear in theregisters of electors of all the electoral districts shall be dividedby one hundred and sixty. The whole number, resulting fromsuch division (any fraction not being taken into account) ishereinafter referred to as the “qualifying number”.(5) The total number of electors whose names appear in theregister of electors of each electoral district shall be divided bythe qualifying number and each electoral district shall be entitledto return such number of members as is equivalent to the wholenumber resulting from the division of the total number of suchelectors in that electoral district by the qualifying number andthe balance number of such electors, if any, after such divisionshall be dealt with, if necessary, in accordance with paragraph(6) of this Article.Proclamationof Names &c. ofElectoral DistrictsNumber of membersto be returned bythe several electoraldistricts and theirapportionmentamong suchelectoral districts61 – Inserted by the Fourteenth Amendment to the Constitution Sec.5; and repealed by the FourteenthAmendment to the Constitution Sec.2The Constitution of the Democratic Socialist Republic of Sri Lanka75(6) Where the total number of members to be returned by allthe electoral districts ascertained by reference to the qualifyingnumber in accordance with paragraph (5) of this Article is lessthan one hundred and sixty members, the apportionment of theentitlement among the electoral districts of the balance numberof members shall be by reference to the balance number of suchelectors and in the case of any electoral district not entitled toreturn a single member according to the determination madeunder paragraph (5), the total number of electors whose namesappear in the register of electors of such electoral district, theelectoral district having the highest of such balance number ofsuch electors or such total number of such electors, being entitledto return one more member and so on until the total number ofmembers 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 morebalance number of such electors or two or more total numberof such electors or any combination of them and the additionof one such elector would entitle one electoral district to returnan additional member, the determination of the electoral districtto which one such elector shall be deemed to be added shall bedetermined by lot.62(8) [The Commissioner of Elections, as soon as possibleafter the certification of the registers of electors for all theelectoral districts, shall by Order published in the Gazette,certify the number of members which each electoral district isentitled to return by virtue of the Proclamation under Article 97and this Article.](9) For the purposes of this Article “the register of electors”means the register of electors for the time being in operation onthe basis of which an election is being held.63[(99.) (1) At any election of Members of Parliament, thetotal number of members which an electoral district is entitledto return shall be the number specified by the Commissionerof Elections in the Order published in accordance with theprovisions of paragraph (8) of Article 98.(2) Every elector at an election of Members of Parliamentshall, in addition to his vote, be entitled to indicate hisProportionalRepresentation62 – Amended by the Fourteenth Amendment to the Constitution Sec. (b) and by the Fifteenth Amendment to theConstitution Sec. (3).63 – Original Article 99 repealed and replaced by the Fourteenth Amendment to the Constitution Sec. (7).The Constitution of the Democratic Socialist Republic of Sri Lanka76preferences for not more than three candidates nominated by thesame recognized political party or independent group.(3) Any recognized political party or any group of personscontesting as independent candidates (hereinafter referred to asan “independent group”) may for the purpose of any electionof Members of Parliament for any electoral district, submitone nomination paper setting out the names of such numberof candidates as is equivalent to the number of members to beelected for that electoral district, increased by three.(4) Each elector whose name appears in the register ofelectors shall be entitled to only one vote notwithstanding thathis name appears in the electoral register in more than oneelectoral district.(5) The recognized political party or independent groupwhich polls the highest number of votes in any electoral districtshall be entitled to have the candidate nominated by it, who hassecured the highest number of preferences, declared elected.(6) (a) Every recognized political party and independentgroup polling 64[less than one twentieth of the total votes] polledat any election in any electoral district shall be disqualified fromhaving any candidates of such party or group being elected forthat electoral district.(b) The votes polled by the disqualified parties andindependent groups, if any, shall be deducted from the total votespolled at the election in that electoral district and the number ofvotes resulting from such deduction is hereinafter referred to asthe “relevant numbers of votes.”(7) The relevant number of votes shall be divided by thenumber of members to be elected for that electoral districtreduced by one, if the number resulting from such division is aninteger, that integer, or if that number is an integer and fraction,the integer immediately higher to that integer and fraction ishereinafter referred to as the “resulting number.”(8) The number of votes polled by each recognized politicalparty and independent group (other than those parties or groupsdisqualified under paragraph (6) of this Article) beginning withthe party or group which polled the highest number of votesshall then be divided by the resulting number and the returning64 – Substituted by the Fifteenth Amendment to the Constitution Sec. 4(1) for “less than one eighth of the totalvotes”.The Constitution of the Democratic Socialist Republic of Sri Lanka77officer shall declare elected from each such party or group, inaccordance with the preferences secured by each of the candidatesnominated by such party or group (the candidate securing thehighest number of preferences being declared elected first, thecandidate securing the next highest number of preferences beingdeclared elected 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 resultingfrom the division by the resulting number of the votes polledby such party or group. The remainder of the votes, if any, aftersuch division, shall be dealt with if necessary, under paragraph(9) of this Article.(9) Where after the declaration of the election of membersas provided in paragraph (8) of this Article there are one or moremembers yet to be declared elected, such member or membersshall be declared elected by reference to the remainder of thevotes referred to in paragraph (8) to the credit of each partyor group after the declaration made under that paragraph andthe votes polled by any party or group not having any of itscandidates declared elected under paragraph (8), the candidatenominated by the party or group having the highest of suchvotes, who has secured the highest or next highest number ofpreferences being declared elected a member and so on until allthe members to be elected are declared elected.(10) (a) Where the number of votes polled by each recognizedpolitical party or independent group is less than the resultingnumber referred to in paragraph (7) of this Article the party orgroup which has polled the highest number of votes shall beentitled to have the candidate, nominated by that party or group(excluding the candidate declared elected under paragraph (5) ofthis Article) who has secured the highest number of preferencesdeclared elected and if there are one or more members yet tobe declared elected, the party or group having the next highestnumber of votes polled shall be entitled to have the candidatenominated by that party or group who has secured the highestnumber of preferences declared elected and so on, until all themembers to be elected for that electoral district are declaredelected under the provisions of this paragraph.(b) After the determination under paragraph (a) if thereare one or more members yet to be declared elected in respect,of that electoral district the provisions of that paragraph shallmutatis mutandis, apply to the election of such members.The Constitution of the Democratic Socialist Republic of Sri Lanka78(11) Where under paragraph (5) or (9) or (10) of this Articlean equality is found to exist between the votes polled by two ormore recognized political parties or two or more independentgroups or any combination of them and the addition of a votewould entitle the candidate of one such party or group to beelected, the determination of the party or group to which suchadditional vote shall be deemed to have been given shall bemade by lot.(12) For the purposes of this Article the number of votespolled shall deemed to be the number of votes counted otherthan rejected votes.(13) (a) Where a Member of Parliament ceases, by resignation,expulsion or otherwise, to be a member of a recognized politicalparty or independent group on whose nomination paper (hereinafterreferred to as the “relevant nomination paper”) his name appearedat the time of his becoming such Member of Parliament, his seatshall become vacant upon the expiration of a period of one monthfrom the date of his ceasing to be such member :Provided that in the case of the expulsion of a Memberof Parliament his seat shall not become vacant if prior to theexpiration of the said period of one month he applies to theSupreme Court by petition in writing, and the Supreme Courtupon such application determines that such expulsion wasinvalid. Such petition shall be inquired into by three Judges ofthe Supreme Court who shall make their determination withintwo months of the filing of such petition. Where the SupremeCourt determines that the expulsion was valid the vacancy shalloccur from the date of such determination.(b) Where the seat of a Member of Parliament becomesvacant as provided in Article 66 (other than paragraph (g) of thatArticle) or by virtue of the preceding provisions of this paragraphthe candidate from the relevant recognized political party orindependent group who has secured the next highest number ofpreferences shall be declared elected to fill such vacancy.]65[(14) repealed]66[99A. After the one hundred and ninety six membersreferred to in Article 98 have been declared elected at a GeneralElection of Members of Parliament, the Commissioner ofElections shall forthwith apportion the balance twenty nine seats65 – 99(14) Repealed by the Fifteenth Amendment to the Constitution Sec. 4(2).66 – Inserted by the Fourteenth Amendment to the Constitution Sec. 8.Election ofMembers ofParliament on thebasis of the totalnumber of votespolled at a GeneralElectionThe Constitution of the Democratic Socialist Republic of Sri Lanka79among the recognized political parties and independent groupscontesting such General Election in the same proportion as theproportion which the number of votes polled by each such partyor group at such General Election bears to the total number ofvotes polled at such General Election and for the purposes ofsuch apportionment, the provisions of paragraph (4), (5), (6) and(7) of Article 98 shall, mutatis mutandis, apply.Every recognized political party or independent groupcontesting a General Election shall submit to the Commissionerof Elections within the nomination period specified for suchelection a list of persons qualified to be elected as Membersof Parliament, from which it may nominate persons to fill theseats, if any, which such party or group will be entitled to, onsuch apportionment. The Commissioner of Elections shall causeevery list submitted to him under this Article to be publishedforthwith in the Gazette and in one Sinhala, Tamil and Englishnewspaper upon the expiry of the nomination period.Where a recognized political party or independent groupis entitled to a seat under the apportionment referred to above,the Commissioner of Elections shall by a notice, require thesecretary of such recognized political party or group leader ofsuch independent group to nominate within one week of suchnotice, persons qualified to be elected as Members of Parliament(being persons whose names are included in the list submittedto the Commissioner of Elections under this Article or in anynomination paper submitted in respect of any electoral districtby such party of group at that election) to fill such seats andshall declare elected as Members of Parliament, the persons sonominated.67[The Commissioner of Elections shall before issuing theaforesaid notice determine whether the number of membersbelonging to any community, ethnic or otherwise, elected toParliament under Article 98 is commensurate with the nationalpopulation ratio and request the Secretary of such recognizedpolitical party or group leader of such independent group in sonominating persons to be elected as Members of Parliamentto ensure as far as practicable, that the representation of allcommunities is commensurate with its national population ratio.For the purposes of this Article the number of votes polledat a General Election shall be deemed to be the number of votes67 – Inserted by the Fifteenth Amendment to the Constitution Sec. 5.The Constitution of the Democratic Socialist Republic of Sri Lanka80actually counted and shall not include any votes rejected asvoid.]100. Any person who –(a) having been elected a Member of Parliament but nothaving been at the time of such election qualifid tobe so elected, shall sit or vote in Parliament ; or(b) shall sit or vote in Parliament after his seat thereinhas become vacant or he has become disqualifidfrom sitting or voting therein;knowing or having reasonable grounds for knowing that hewas so disqualified or that his seat has become vacant, as thecase may be, shall be liable to a penalty of Five Hundred Rupeesfor every day upon which he so sits or votes to be recovered as adebt due to the Republic by an action instituted by the AttorneyGeneral in the District Court of Colombo.101. (1) Parliament may by law make provision for –(a) the registration of electors ;(b) the prescribing of a qualifying date on which a personshould be resident in any Electoral District to be enteredin the register of electors of that Electoral District ;(c) the prescribing of a qualifying date on which a personshould have attained the age of eighteen years toqualify 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 ofParliament;(f) the creation of offences relating to such elections andthe punishment therefor ;(g) the ground for avoiding such elections, and where anelection has been held void the manner of holdingfresh elections ;(h) the form and manner in which vacancies shall be filedwhen all the candidates whose names appearing inthe nomination paper of a recognized political partyor independent group have been exhausted 68[byelection or otherwise or where a recognized political68 – Substituted by the Sixth Amendment to the Constitution Sec. 2 for “by election or otherwise”.Penalty for sittingand voting inParliament whendisqualifiedParliament maymake provision inrespect of electionsThe Constitution of the Democratic Socialist Republic of Sri Lanka81party or independent group has been proscribedunder Article 157A ;] and(i) the manner of determination of disputed elections andsuch other matters as are necessary or incidental to the electionof Members of Parliament :Provided that no such law shall add to the disqualificationsspecified in Articles 89 and 91.(2) Until Parliament by law makes provision for such mattersthe Ceylon (Parliamentary Elections) Order in Council, 1946 asamended from time to time, shall subject to the provisions of theConstitution, mutatis mutandis, apply.102. When a public officer or an officer of a publiccorporation is a candidate at any election, he shall be deemedto be on leave from the date on which he stands nominated asa candidate until the conclusion of the election. Such a publicofficer or an officer of a public corporation shall not during suchperiod exercise, perform or discharge any of the powers, dutiesor functions of his office.69[103. Repealed104. Repealed ]69 – Repealed by the Seventeenth Amendment to the Constitution Sec. 8 and a new Chapter XIVA containingArticle Nos. 103 and 104 in respect of “Election Commission” is inserted by the Seventeenth Amendmentto the Constitution Sec. 9.Public officer or anofficer of a publiccorporation not tofunction duringperiod of electionThe Constitution of the Democratic Socialist Republic of Sri Lanka8270[CHAPTER XIV AELECTION COMMISSION103. 71[(1) There shall be an Election Commission (in thisChapter referred to as the “Commission”) consisting of threemembers appointed by the President on the recommendationof the Constitutional Council, from amongst persons who havedistinguished themselves in any profession or in the fields ofadministration or education. One of the members so appointedshall be a retired officer of the Department of Elections, who hasheld office as a Deputy Commissioner of Elections or above.The President shall on the recommendation of the ConstitutionalCouncil, appoint one member as its Chairman. ](2) The object of the Commission shall be to conduct freeand fair elections and Referenda.(3) No person shall be appointed as a member of theCommission or continue to hold office as such member if he isor becomes a member of Parliament, a Provincial Council or aLocal Authority, or is or appointed a judicial officer or publicofficer, or is or enters into the employment of the State in anycapacity whatsoever.(4) The provisions of the Constitution and any other lawrelating to the removal of judges of the Supreme Court and theCourt of Appeal from office shall, mutatis mutandis, apply to theremoval of a member of the Commission from office.(5) A member of the Commission who without obtainingprior leave of the Commission, absents himself from threeconsecutive meetings of the Commission, shall be deemed tohave vacated office with effect from the date of the third of suchmeetings.(6) A member of the Commission shall hold office for aperiod of five years from the date of appointment, unless hebecomes subject to any disqualification under paragraph (3) ofthis Article or earlier resigns from office by writing addressedto the President or is removed from office under paragraph (4)of this Article, or is convicted by a court of law of any offenceinvolving moral turpitude, or if a resolution for the imposition70 – New Chapter XIVA inserted by the Seventeenth Amendment to the Constitution Sec. 9.71 – substituted by the Nineteenth Amendment to the Constitution Sec. 22ElectionCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka83of civic disability upon him has been passed in terms of Article81 or is deemed to have vacated office under paragraph (5) ofthis Article.72[ (7) The President may grant a member leave from theperformance of his duties relating to the Commission for a periodnot exceeding two months, and may appoint a person qualifiedto be a member of the Commission to be a temporary memberfor the period of such leave. Every such appointment shall bemade on the recommendation of the Constitutional Council.](8) A member of the Commission shall be paid suchemoluments as may be determined by Parliament. Theemoluments paid to a member of the Commission shall becharged on the Consolidated Fund and shall not be diminishedduring the term of office of the member.(9) All members of the Commission shall be deemed tobe public servants within the meaning and for the purposes ofChapter IX of the Penal Code.104. (1) The quorum for any meetings of the Commissionshall be three members.(2) (a) The Chairman of the Commission shall preside at allmeetings of the Commission and in the absence of the Chairmanfrom any meeting of the Commission, a member elected by themembers present from amongst themselves shall preside at suchmeeting.(b) Decisions of the Commission shall be by a majority ofthe members present and voting at the meeting at which thedecision is taken, and in the event of an equality of votes, theChairman or the member presiding at the meeting shall have acasting vote.(3) The Commission shall have power to act notwithstandingany vacancy in the membership of the Commission, and no actor proceeding or decision of the Commission shall be invalid orbe deemed to be invalid by reason only of such vacancy or anydefect in the appointment of a member.104A. Subject to the jurisdiction conferred on the SupremeCourt under paragraph (1) of Article 126, Article 104H andArticle 130 and on the Court of Appeal by Article 144 and72 – substituted by the Nineteenth Amendment to the Constitution Sec. 22Meetings of theCommissionFinality of decisionsand immunity fromsuitThe Constitution of the Democratic Socialist Republic of Sri Lanka84the jurisdiction conferred on any court by any law to hear anddetermine election petitions or Referendum petitions -(a) no court shall have the power or jurisdiction toentertain or hear or decide or call in question on anyground and in any manner whatsoever, any decision,direction or act of the Commission, made or doneor purported to have been made or done under theConstitution or under any law relating to the holdingof an election or the conduct of a Referendum as thecase may be, which decisions, directions or acts shallbe fial and conclusive ; and(b) no suit or prosecution or other proceeding shall lieagainst any member or offier of the Commissionfor any act or thing which in good faith is done orpurported to be done by him in the performance ofhis duties or the discharge of his functions under theConstitution or under any law relating to the holdingof an election or the conduct of a Referendum as thecase may be.104B. (1) The Commission shall exercise, perform anddischarge all such powers, duties and functions conferred orimposed on or assigned to –(a) the Commission ; or(b) the Commissioner-General of Elections,by the Constitution, and by the law for the time beingrelating to the election of the President, the election of Membersof Parliament, the election of members of Provincial Councils,the election of members of Local Authorities and the conduct ofReferenda, including but not limited to all the powers, duties andfunctions relating to the preparation and revision of registers ofelectors for the purposes of such elections and Referenda and theconduct of such elections and Referenda.(2) It shall be the duty of the Commission to secure theenforcement of all laws relating to the holding of any suchelection or the conduct of Referenda and it shall be the dutyof all authorities of the State charged with the enforcement ofsuch laws, to co-operate with the Commission to secure suchenforcement.(3) The Commission shall be responsible and answerable toParliament in accordance with the provisions of the StandingPowers, functionsand duties of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka85Orders of Parliament for the exercise, performance anddischarge of its powers, duties and functions and shall forwardto Parliament for each calendar year a report of its activities forsuch year.73[ (4) (a) The Commission shall have the power duringthe period of an election, to prohibit the use of any movableor immovable property belonging to the State or any publiccorporation -(i) for the purpose of promoting or preventing theelection or any candidate of any political party orindependent group contesting at such election;(ii) by any candidate or any political party or anyindependent group contesting at such election,by a direction in writing by the Chairman of the Commissionor of the Commissioner General of Elections on the instructionsof the Commission.(b) It shall be the duty of every person or officer in whosecustody or under whose control such property is for the timebeing, to comply with, and give effect to, such direction.(5) (a) The Commission shall have the power to issue fromtime to time, in respect of the holding of any election or theconduct of a Referendum, such guidelines as the Commissionmay consider appropriate, to any broadcasting or telecastingoperator or any proprietor or publisher of a newspaper, as thecase may be, as the Commission may consider necessary toensure a free and fair election.(b) It shall be the duty of the Chairman of the Sri LankaBroadcasting Corporation, the Chairman of the Sri LankaRupavahini Corporation and the Chairman of the IndependentTelevision Network and the Chief Executive Officer of everyother broadcasting or telecasting enterprise owned or controlledby the State to take all necessary steps to ensure compliance withsuch guidelines as are issued to them under sub-paragraph (a).(c) (i) The Commission shall cause the directions andguidelines referred to in paragraphs 4(a) andparagraph 5(a) to be published in at least onenewspaper widely circulated, in the Sinhala,Tamil and English languages.73 – substituted by the Nineteenth Amendment to the Constitution Sec. 23The Constitution of the Democratic Socialist Republic of Sri Lanka86(ii) Every direction and guideline shall be publishedin the Gazette and shall come into operation onthe date of such publication or on such laterdate as may be specifid in such direction andguideline.(iii) Every such direction and guideline shall, withinthree months from the date of publication inthe Gazette, be brought before Parliament forapproval. Any direction or guideline whichis not so approved shall be deemed to berescinded as from the date of such disapproval,but without prejudice to anything previouslydone thereunder. ]104C. (1) Upon the making of an Order for the holding of anelection or the making of a Proclamation requiring the conductof a Referendum, as the case may be, the Commission shallnotify the Inspector-General of Police of the facilities and thenumber of police officers required by the Commission for theholding or conduct of such election or Referendum, as the casemay be.(2) The Inspector-General of Police shall make available tothe Commission the facilities and police officers specified in anynotification made under paragraph (1) of this Article.(3) The Commission may deploy the police officers andfacilities made available to the Commission in such manner asis calculated to promote the conduct of a free and fair election orreferendum, as the case may be.(4) Every police officer made available to the Commissionunder paragraph (2) of this Article, shall be responsible to andact under the direction and control of the Commission during theperiod of an election.(5) No suit, prosecution or other proceeding, shall lie againstany police officer made available to the Commission under thisArticle for any lawful act or thing in good faith done by suchpolice officer, in pursuance of a direction of the Commission orhis functioning under the Commission.104D. It shall be lawful for the Commission, upon themaking of an Order for the holding of an election or the makingof a Proclamation requiring the conduct of a Referendum, asthe case may be, to make recommendations to the PresidentDeployment ofPolice by theCommissionDeployment ofArmed ForcesThe Constitution of the Democratic Socialist Republic of Sri Lanka87regarding the deployment of the armed forces of the Republicfor the prevention or control of any actions or incidents whichmay be prejudicial to the holding or conducting of a free and fairelection or Referendum, as the case may be.104E. 74[(1) There shall be a Commissioner General ofElections who shall, subject to the approval of the ConstitutionalCouncil, be appointed by the Commission on such terms andconditions as may be determined by the Commission.](2) The Commissioner-General of Elections shall be entitledto be present at meetings of the Commission, except where anymatter relating to him is being considered by the Commission.He shall have no right to vote at such meetings.(3) The Commission may appoint such other officers to theCommission on such terms and conditions as may be determinedby the Commission.(4) The salaries of the Commissioner-General of Electionsand the other officers of the Commission, shall be determined bythe Commission and shall be charged on the Consolidated Fund.(5) The Commissioner-General of Elections shall, subjectto the direction and control of the Commission, implement thedecisions of the Commission and exercise supervision over theofficers of the Commission.(6) The Commission may delegate to the CommissionerGeneral of Elections or other officer of the Commission, anypower, duty or function of the Commission and the CommissionerGeneral of Elections or such officer shall exercise, perform anddischarge such power, duty or function, subject to the directionand control of the Commission.(7) The office of the Commissioner-General of Electionsshall become vacant -(a) upon his death ;(b) on his resignation in writing addressed to theCommission;(c) on his attaining the age of Sixty Five years ;(d) on his removal by the Commission on account of illhealth or physical or mental infimity ; orCommissionerGeneral of Electionsand other officers ofthe Commission74 – substituted by the Nineteenth Amendment to the Constitution Sec. 24The Constitution of the Democratic Socialist Republic of Sri Lanka88(e) on his removal by the Commission on the presentationof an address of Parliament in compliance with theprovisions of paragraph (8), for such removal on theground of proved misbehaviour or incapacity.(8) (a) The address referred to in sub-paragraph (e) ofparagraph (7) of this Article shall be required to be supportedby a majority of the total number of Members of Parliament(including those not present) and no resolution for thepresentation of such an address shall be entertained by theSpeaker or placed on the Order Paper of Parliament, unlessnotice of such resolution is signed by not less than one-thirdof the total number of Members of Parliament and sets out fullparticulars of the alleged misbehaviour or incapacity.(b) Parliament shall by law or by Standing Orders, providefor all matters relating to the presentation of such an address,including the procedure for the passing of such resolution, theinvestigation and proof of the alleged misbehaviour or incapacityand the right of the Commissioner-General of Elections to appearand to be heard in person or by representatives.104F. (1) The Commission shall from time to time by noticepublished in the Gazette appoint by name or by office a person tobe a Returning Officer to each electoral district, and may appointby name or by office one or more persons to assist the ReturningOfficer in the performance of his duties.(2) Every Officer appointed under paragraph (1) shall in theperformance and discharge of such duties and functions as areassigned to him, be subject to such directions as may be issuedby the Commission and shall be responsible and answerable tothe Commission therefor.104G. All public officers performing duties and functionsat any election or Referenda shall act in the performance anddischarge of such duties and functions under the directions ofthe Commission and shall be responsible and answerable to theCommission therefor.75[ 104GG. (1) Any public officer, any employee of anypublic corporation, business or other undertaking vested in theGovernment under any other written law and any companyregistered or deemed to be registered under the CompaniesReturning OfficersPublic OfficersFailure to complywith directions to bean offence75 – Inserted by the Nineteenth Amendment to the Constitution Sec. 25The Constitution of the Democratic Socialist Republic of Sri Lanka89Act, No. 7 of 2007, in which the Government or any publiccorporation or local authority holds fifty per centum or more ofthe shares of that company, who -(a) refuses or fails without a reasonable cause toco-operate with the Commission, to secure theenforcement of any law relating to the holding of anelection or the conduct of a Referendum; or(b) fails without a reasonable cause to comply with anydirections or guidelines issued by the Commissionunder sub-paragraph (a) of paragraph (4) or subparagraph (a) of paragraph (5), respectively, ofArticle 104B,shall be guilty of an offence and shall on conviction beliable to a fine not exceeding one hundred thousand rupees orto imprisonment for a term not exceeding three years or to bothsuch fine and imprisonment.(2) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1).]104H. (1) The jurisdiction conferred on the Court of Appealunder Article 140 of the Constitution shall, in relation to anymatter that may arise in the exercise by the Commission of thepowers conferred on it by the Constitution or by any other law,be exercised by the Supreme Court.(2) Every application invoking the jurisdiction referred toin paragraph (1), shall be made within one month of the date ofthe commission of the act to which the application relates. TheSupreme Court shall hear and finally dispose of the applicationwithin two months of the filing of the same.104J. In this Chapter “during the period of an election” shallmean the period commencing on the making of a Proclamationor Order for the conduct of a Referendum or for the holding ofan election, as the case may be, and ending on the date on whichthe result of poll taken at such Referendum or election, as thecase may be, is declared.]Powers of SupremeCourt to issue writsInterpretationThe Constitution of the Democratic Socialist Republic of Sri Lanka90CHAPTER XVTHE JUDICIARY105. (1) Subject to the provisions of the Constitution, theinstitutions 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 andsuch other Courts of First Instance, tribunals or suchinstitutions as Parliament may from time to timeordain and establish.(2) All courts, tribunals and institutions created andestablished by existing written law for the administration ofjustice and for the adjudication and settlement of industrial andother disputes, other than the Supreme Court, shall be deemedto be courts, tribunals and institutions created and establishedby Parliament. Parliament may replace or abolish, or amendthe powers, duties, jurisdiction and procedure of, such courts,tribunals and institutions.(3) The Supreme Court of the Republic of Sri Lanka andthe Court of Appeal of the Republic of Sri Lanka shall eachbe a superior court of record and shall have all the powersof such court including the power to punish for contempt ofitself, whether committed in the court itself or elsewhere, withimprisonment or fine or both as the court may deem fit. Thepower of the Court of Appeal shall include the power to punishfor contempt of any other court, tribunal or institution referredto in paragraph (1)(c) of this Article, whether committed in thepresence of such court or elsewhere :Provided that the preceding provisions of this Article shallnot prejudice or affect the rights now or hereafter vested byany law in such other court, tribunal or institution to punish forcontempt of itself.(4) Parliament may by law provide for the creationand establishment of courts, tribunals or institutions for theadjudication and settlement of matters relating to the disciplineof bhikkus or any dispute between bhikkus or any other disputerelating to the performance of services, in, or in relation to,Establishment ofCourts &c.The Constitution of the Democratic Socialist Republic of Sri Lanka91temples. Such law may, notwithstanding anything to the contraryin this Chapter or Chapter XVI, make provision –(a) for the appointment, transfer, dismissal anddisciplinary control of the member or members ofsuch courts, tribunals or institutions by the Presidentor by such other person or body of persons as may beprovided for in such law;(b) for the exclusion of the jurisdiction of any otherinstitution referred to in paragraph (1) of this Articlein relation to such matters and disputes.In this paragraph the expressions “bhikku” and “temple”shall have the same meanings as in the Buddhist TemporalitiesOrdinance, as at the commencement of the Constitution.106. (1) The sittings of every court, tribunal or otherinstitution, established under the Constitution or ordained andestablished by Parliament shall subject to the provisions of theConstitution be held in public, and all persons shall be entitledfreely to attend such sittings.(2) A judge or presiding officer of any such court, tribunalor other institution may, in his discretion, whenever he considersit 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 theprecincts of such court, tribunal or other institution,exclude therefrom such persons as are not directly interestedin the proceedings therein.Independence of the Judiciary107. 76[ (1) The Chief Justice, the President of the Courtof Appeal and every other judge of the Supreme Court andof the Court of Appeal shall, subject to the approval of theConstitutional Council, be appointed by the President by warrantunder his hand. ]Public sittings76 – Substituted by the Nineteenth Amendment to the Constitution Sec. 26Appointment andremoval of Judgesof the SupremeCourt and Court ofAppealThe Constitution of the Democratic Socialist Republic of Sri Lanka92(2) Every such Judge shall hold office during good behaviourand shall not be removed except by an order of the Presidentmade after an address of Parliament supported by a majority ofthe total number of Members of Parliament (including those notpresent) has been presented to the President for such removal onthe ground of proved misbehaviour or incapacity :Provided that no resolution for the presentation of such anaddress shall be entertained by the Speaker or placed on theOrder Paper of Parliament, unless notice of such resolution issigned by not less than one-third of the total number of Membersof Parliament and sets out full particulars of the allegedmisbehaviour or incapacity.(3) Parliament shall by law or by Standing Orders providefor all matters relating to the presentation of such an address,including the procedure for the passing of such resolution, theinvestigation and proof of the alleged misbehaviour or incapacityand the right of such Judge to appear and to be heard in personor 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 Courtor Court of Appeal shall not enter upon the duties of his officeuntil he takes and subscribes or makes and subscribes beforethe President, the oath or the affirmation set out in the FourthSchedule.(5) The age of retirement of Judges of the Supreme Courtshall be Sixty-five years and of Judges of the Court of Appealshall be Sixty-three years.108. 1) The salaries of the Judges of the Supreme Court andof the Court of Appeal shall be determined by Parliament andshall be charged on the Consolidated Fund.(2) The salary payable to, and the pension entitlement of aJudge of the Supreme Court and a Judge of the Court of Appealshall not be reduced after his appointment.77 [ 109. (1) If the Chief Justice or the President of theCourt of Appeal is temporarily unable to exercise, perform anddischarge the powers, duties and functions of his office, byreason of illness, absence from Sri Lanka or any other cause,the President shall, subject to the approval of the ConstitutionalSalaries of theJudges of theSupreme Court andCourt of AppealActingappointments77 – Substituted by the Nineteenth Amendment to the Constitution Sec. 27The Constitution of the Democratic Socialist Republic of Sri Lanka93Council, appoint another Judge of the Supreme Court, or of theCourt of Appeal, as the case may be, to act in the office of ChiefJustice, or President of the Court of Appeal, during such period.(2) If any Judge of the Supreme Court or of the Court ofAppeal is temporarily unable to exercise, perform and dischargethe powers, duties and functions of his office, by reason of illness,absence from Sri Lanka or any other cause, the President may,subject to the approval of the Constitutional Council, appointanother Judge to act as a Judge of the Supreme Court or Court ofAppeal, during such period. ]110. (1) A Judge of the Supreme Court or Court of Appealmay be required by the President of the Republic to perform ordischarge any other appropriate duties or functions under anywritten law.(2) No Judge of the Supreme Court or Court of Appealshall perform any other office (whether paid or not) or acceptany place of profit or emolument, except as authorized by theConstitution or by written law or with the written consent of thePresident.(3) No person who has held office as a permanent Judge ofthe Supreme Court or of the Court of Appeal may appear, plead,act or practise in any court, tribunal or institution as an Attorneyat-law at any time without the written consent of the President.111. 78[(1) There shall be a High Court of Sri Lanka, whichshall exercise such jurisdiction and powers as Parliament mayby law vest or ordain.]79[(2) The Judges of the High Court shall -(a) on the recommendation of the Judicial ServiceCommission, be appointed by the President bywarrant under his hand and such recommendationshall be made after consultation with the AttorneyGeneral ;(b) be removable and be subject to the disciplinarycontrol of the president on the recommendation ofthe Judicial Service Commission.] ;(3) Subject to the provisions of paragraph (2) of this Article,Parliament may by law provide for matters relating to theretirement of the Judge of such High Court.78 – Original para. (1) substituted by Sec. 2 of the Eleventh Amendment to the Constitution.79 – Original para. (2) substituted by Sec 12(1) of the Seventeenth Amendment to the Constitution.Performance ordischarge of otherduties or functionsby JudgesAppointment,removal anddisciplinary controlof Judges of theHigh Court.The Constitution of the Democratic Socialist Republic of Sri Lanka9480 [(4) Any Judge of the High Court may resign his office bywriting under his hand addressed to the President.]81 [111A. (1) Where the Minister in charge of the subjectof Justice represents to the President that it is expedient that thenumber of the Judges exercising the jurisdiction and powersof the High Court in any judicial zone should be temporarilyincreased 82[the President may, on the recommendation of theJudicial Service Commission, by warrant, appoint], one or moreCommissioners of the High Court to exercise the jurisdictionand powers of the High Court within such judicial zone as isspecified in the warrant of appointment of such Commissionerof the High Court.(2) Every Commissioner of the High Court appointed underparagraph (1) shall hold office for the period specified in hiswarrant of appointment and shall be removable, and be subjectto disciplinary control, by the President, on the recommendationof the Judicial Service Commission.(3) Every Commissioner of the High Court appointedunder 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 beinvested with all the rights, powers privileges and immunities(except such rights and privileges as relate to tenure of office) ofa Judge of the High Court, and for this purpose, a reference toa “Judge of the High Court” in the Constitution or other writtenlaw shall, unless the context otherwise requires, be deemed toinclude a reference to a “Commissioner of the High Court”.]83[111B. There shall be a Fiscal, who shall be the Fiscal forthe whole Island and who shall exercise supervision and controlover Deputy Fiscals attached to all Courts of First Instance.]84[111C.] (1) Every judge, presiding officer, public officer orother person entrusted by law with judicial powers or functionsor with functions under this Chapter or with similar functionsunder any law enacted by Parliament shall exercise and performsuch powers and functions without being subject to any directionCommissioners ofthe High CourtFiscal for the wholeIslandInterference withjudiciary an offence80 – Inserted by the Seventeenth Amendment to the Constitution Sec 12(2)81 – Inserted by Sec. 4 of the Seventh Amendment to the Constitution82 – Substituted for the words “the president may, by warrant, appoint.” by the Seventh Amendment to theConstitution which was inserted by Seventh Amendment to the Constitution Sec. 1383 – Inserted by Sec. 14 of the Seventeenth Amendment to the Constitution84 – Orginal Article 116 renumbered as Article 111C by the Seventeenth Amendment to the Constitution.Sec. 15The Constitution of the Democratic Socialist Republic of Sri Lanka95or other interference proceeding from any other person except asuperior court, tribunal, institution or other person entitled underlaw to direct or supervise such judge, presiding officer, publicofficer or such other person in the exercise or performance ofsuch powers or functions.(2) Every person who, without legal authority, interferesor attempts to interfere with the exercise or performance of thejudicial powers or functions of any judge, presiding officer, publicofficer or such other person as is referred to in paragraph (1) ofthis Article, shall be guilty of an offence punishable by the HighCourt on conviction after trial without a jury with imprisonmentof either description for a term which may extend to a period ofone year or with fine or with both such imprisonment and fineand may, in addition, be disqualified for a period not exceedingseven years from the date of such conviction from being anelector and from voting at a Referendum or at any election ofthe President of the Republic or at any election of a Memberof Parliament or any local authority or from holding any publicoffice and from being employed as a public officer.The Constitution of the Democratic Socialist Republic of Sri Lanka9685[ CHAPTER XV AJUDICIAL SERVICE COMMISSION86[ 111D. (1) There shall be a Judicial Service Commission(in this Chapter referred to as the “Commission”) consisting ofthe Chief Justice and the two most senior Judges of the SupremeCourt appointed by the President, subject to the approval of theConstitutional Council.(2) Where the Chief Justice and the two most senior Judgesof the Supreme Court are Judges who have not had any judicialexperience serving as a Judge of a Court of First Instance, theCommission shall consist of the Chief Justice, the senior mostJudge of the Supreme Court and the next most senior Judge ofsuch Court, who has had experience as a Judge of a Court ofFirst Instance.(3) The Chief Justice shall be the Chairman of theCommission. ]111E. (1) The quorum for any meeting of the Commissionshall be two members of the Commission.(2) A Judge of the Supreme Court appointed as a memberof the Commission shall, unless he earlier resigns his office oris removed therefrom as hereinafter provided or ceases to be aJudge of the Supreme Court, hold office for a period of threeyears from the date of his appointment, but shall be eligible forre-appointment.(3) All decisions of the Commission shall be made by amajority of the members present, and in the event of an equalityof votes, the Chairman of the meeting shall have a casting vote.(4) The Commission shall have power to act notwithstandingany vacancy in its membership and no act or proceeding of theCommission shall be, or be deemed to be invalid by reason onlyof such vacancy or any defect in the appointment of a member.87[ (5) The President may grant to any member of theCommission leave from duties and may appoint subject to theapproval of the Constitutional Council, a person qualified to bea member of the Commission to be a temporary member for theperiod of such leave.85 – Chapter XVA, Articles 111D to 111M, inserted by the Seventeenth Amendment to the Constitution Sec.1686 – Substituted by the Nineteenth Amendment to the Constitution Sec.2887 – Articles 111E(5) and (6) substituted by the Nineteenth Amendment to the Constitution Sec.29Constitution of theJudicial ServiceCommissionMeetings of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka97(6) The President may, with the approval of the ConstitutionalCouncil, and for cause assigned, remove from office any memberof the Commission. ]111F. A member of the Commission shall be paid suchallowances as may be determined by Parliament. Suchallowances shall be charged on the Consolidated Fund and shallnot be reduced during the period of office of a member and shallbe in addition to the salary and other allowances attached to andreceived from, the substantive appointment :Provided that until the amount to be paid as allowances isdetermined under the provisions of this Article, the members ofthe Commission shall continue to receive as allowances, suchamount as they were receiving on the day immediately precedingthe date on which this Chapter comes into operation.111G. There shall be a Secretary to the Commission whoshall be appointed by the Commission from among seniorjudicial officers of the Courts of First Instance.111H. (1) The Judicial Service Commission is hereby vestedwith the Power to -(a) transfer judges of the High Court ;(b) appoint, promote, transfer, exercise disciplinarycontrol and dismiss judicial offiers and scheduledpubilc offiers.(2) The Commission may make -(a) rules regarding training of Judges of the HighCourt, the schemes for recruitment and training,appointment, promotion and transfer of judicialoffiers and scheduled public offiers ;(b) provision for such matters as are necessary orexpedient for the exercise, performance anddischarge of the powers, duties and functions of theCommission.(3) The Chairman of the Commission or any Judge of theSupreme Court or Judge of the Court of Appeal as the casemay be, authorized by the Commission shall have power andauthority to inspect any Court of First Instance, or the records,registers and other documents maintained in such Court, or holdsuch inquiry as may be necessary.Allowances ofmembers of theCommissionSecretary to theCommissionPowers of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka98(4) The Commission may by Order published in the Gazettedelegate to the Secretary to the Commission the power tomake transfers in respect of scheduled public officers, otherthan transfers involving increase of salary, or to make actingappointments in such cases and subject to such limitations asmay be specified in the Order.111J. Any judicial officer or scheduled public officer mayresign his office by writing under his hand addressed to theChairman of the Commission.111K. No suit or proceeding shall lie against the Chairman,Member or Secretary or Officer of the Commission for anylawful act which in good faith is done in the performance ofhis duties or functions as such Chairman, Member, Secretary orOfficer of the Commission.111L. (1) Every person who otherwise than in the courseof such persons lawful duty, directly or indirectly, alone or byor with any other person, in any manner whatsoever, influencesor attempts to influence any decision or order made by theCommission or to so influence any member thereof, shall beguilty of an offence and shall on conviction be liable to a finenot exceeding one hundred thousand rupees or to imprisonmentfor a term not exceeding three years or to both such fine andimprisonment :Provided however that the giving of a certificate ortestimonial to any applicant or candidate for any judicial officeor scheduled public office shall not be an offence.(2) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1).111M. (a) In this Chapter –“Appointment” includes the appointment to act in any officereferred to in this Chapter.“Judicial officer” means any person who holds officeas judge, presiding officer or member of any Court of FirstInstance, tribunal or institution created and established for theadministration of Justice or for the adjudication of any labour orother dispute, but does not include a Judge of the Supreme Courtor of the Court of Appeal or of the High Court or a person whoJudicial officers andscheduled publicofficers may resignImmunity fromlegal proceedingsInterference withthe Commission anoffenceInterpretationThe Constitution of the Democratic Socialist Republic of Sri Lanka99performs arbitral functions or a public officer whose principalduty is not the performance of functions of a judicial nature; and“Scheduled public officer” means the Registrar of theSupreme Court, the Registrar of the Court of Appeal, theRegistrar, Deputy Registrar or Assistant Registrar of the HighCourt or any Court of First Instance, the Fiscal, the DeputyFiscal of the Court of Appeal or High Court and any Court ofFirst Instance, any public officer employed in the Registry ofthe Supreme Court, Court of Appeal or High Court or any Courtof First Instance included in a category specified in the FifthSchedule or such other categories as may be specified by Ordermade by the Minister in charge of the subject of Justice andapproved by Parliament and published in the Gazette.(b) No court, tribunal or institution shall have jurisdictionto entertain or to determine the question whether or not a personis a judicial officer within the meaning of the Constitution, butsuch question shall be determined solely by the Commission,whose decision thereon shall be final and conclusive.(c) No act of such person or proceeding held before suchperson, prior to such determination as is referred to in subparagraph (b), shall be deemed to be invalid by reason of suchdetermination.]88 [ 112. Repealed113. Repealed113 A. Repealed114. Repealed115. Repealed ]89 [116. Renumbered as Article 111C ]88 [117. Repealed ]88 – Repealed by the Seventeenth Amendment to the Constitution Sec.1789 – Renumbered as Article 111C by the Seventeenth Amendment to the Constitution Sec.15The Constitution of the Democratic Socialist Republic of Sri Lanka100CHAPTER XVITHE SUPERIOR COURTSThe Supreme Court118. The Supreme Court of the Republic of Sri Lanka shallbe the highest and final superior Court of record in the Republicand 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) fial appellate jurisdiction ;(d) consultative jurisdiction ;(e) jurisdiction in election petitions ;(f) jurisdiction in respect of any breach of the privilegesof Parliament ; and(g) jurisdiction in respect of such other matters whichParliament may by law vest or ordain.119. (1) The Supreme Court shall consist of the Chief Justiceand of not less than six and not more than ten other Judges whoshall be appointed as provided in Article 107.(2) The Supreme Court shall have power to actnotwithstanding any vacancy in its membership and no actor proceeding of the Court shall be, or shall be deemed to be,invalid by reason only of any such vacancy or any defect in theappointment of a Judge.120. The Supreme Court shall have sole and exclusivejurisdiction to determine any question as to whether any Bill orany provision thereof is inconsistent with the Constitution :Provided that –(a) in the case of a Bill described in its long title asbeing for the amendment of any provision of theConstitution, or for the repeal and replacement of theConstitution, the only question which the SupremeCourt may determine is whether such Bill requiresapproval by the People at a Referendum by virtue ofthe provisions of Article 83;General jurisdictionof Supreme CourtConstitution ofSupreme CourtConstitutionalJurisdiction of theSupreme CourtThe Constitution of the Democratic Socialist Republic of Sri Lanka101(b) where the Cabinet of Ministers certifis that a Bill,which is described in its long title as being for theamendment of any provisions of the Constitution ;or for the repeal and replacement of the Constitution,intended to be passed with the special majorityrequired by Article 83 and submitted to the Peopleby Referendum, the Supreme Court shall have andexercise no jurisdiction in respect of such Bill;(c) where the Cabinet of Ministers certifis that a Billwhich is not described in its long title as being forthe amendment of any provision of the constitution,or for the repeal and replacement of the Constitution,is intended to be passed with the special majorityrequired by Article 84, the only question which theSupreme Court may determine is whether such Billrequires approval by the People at a Referendum byvirtue of the provisions of Article 83 or whether suchBill is required to comply with paragraphs (1) and (2)of Article 82 ; or(d) where the Cabinet of Ministers certifis that anyprovision of any Bill which is not described in its longtitle as being for the amendment of any provision ofthe Constitution or for the repeal and replacementof the constitution is intended to be passed with thespecial majority required by Article 84, the onlyquestion which the Supreme Court may determineis whether any other provision of such Bill requiresto be passed with the special majority required byArticle 84 or whether any provision of such Billrequires the approval by the People at a Referendumby virtue of the provisions of Article 83 or whethersuch Bill is required to comply with the provisions ofparagraphs (1); and (2) of Article 82.121. (1) The jurisdiction of the Supreme Court to ordinarilydetermine any such question as aforesaid may be invoked by thePresident by a written reference addressed to the Chief Justice, orby any citizen by a petition in writing addressed to the SupremeCourt. Such reference shall be made, or such petition shall befiled, within one week of the Bill being placed on the OrderPaper of the Parliament and a copy thereof shall at the same timebe delivered to the Speaker. In this paragraph “citizen” includesa body, whether incorporated or unincorporated, if not less thanOrdinary exerciseof constitutionaljurisdiction inrespect of BillsThe Constitution of the Democratic Socialist Republic of Sri Lanka102three-fourths of the members of such body are citizens.(2) Where the jurisdiction of the Supreme Court has been soinvoked no proceedings shall be had in Parliament in relation tosuch Bill until the determination of the Supreme Court has beenmade, or the expiration of a period of three weeks from the dateof such reference or petition, whichever occurs first.(3) The Supreme Court shall make and communicate itsdetermination to the President and to the Speaker within threeweeks of the making of the reference or the filing of the petition,as the case may be.90[ 122. Repealed ]123. (1) The determination of the Supreme Court shall beaccompanied by the reasons therefor and shall state whether theBill or any provision thereof is inconsistent with the Constitutionand if so, which provision or provisions of the Constitution.(2) Where the Supreme Court determines that the Bill or anyprovision thereof is inconsistent with the Constitution, it shallalso state -(a) whether such Bill is required to comply with theprovisions of paragraphs (1) and (2) of Article 82 ; or(b) whether such Bill or any provision thereof may onlybe passed by the special majority required under theprovisions of paragraph (2) of Article 84 ; or(c) whether such Bill or any provision thereof requiresto be passed by the special majority required underthe provisions of paragraph (2) of Article 84 andapproved by the People at a Referendum by virtueof the provisions of Article 83, and may specify thenature of the amendments which would make theBill or such provision cease to be inconsistent.91[ (3) Repealed ](4) Where any Bill, or the provision of any Bill, hasbeen determined or is deemed to have been determined,to be inconsistent with the Constitution, such Bill or suchprovision shall not be passed except in the manner stated in thedetermination of the Supreme Court :90 – Article 122 repealed by the Nineteenth Amendment to the Constitution Sec.3091 – Article 123(3) repealed by the Nineteenth Amendment to the Constitution Sec.31Determination ofSupreme Court inrespect of BillsThe Constitution of the Democratic Socialist Republic of Sri Lanka103Provided that it shall be lawful for such Bill to be passed aftersuch amendment as would make the Bill cease to be inconsistentwith the Constitution.124. Save as otherwise 92[provided in Articles 120 and121], no court or tribunal created and established for theadministration of justice or other institution, person or body ofpersons shall in relation to any Bill, have power or jurisdictionto inquire into, or pronounce upon, the constitutionality of suchBill or its due compliance with the legislative process, on anyground whatsoever.125. (1) The Supreme Court shall have sole and exclusivejurisdiction to hear and determine any question relating to theinterpretation of the Constitution and accordingly, wheneverany such question arises in the course of any proceedings inany other court or tribunal or other institution empowered bylaw to administer justice or to exercise judicial or quasi-judicialfunctions, such question shall forthwith be referred to theSupreme Court for determination. The Supreme Court may directthat further proceedings be stayed pending the determination ofsuch question.(2) The Supreme Court shall determine such questionwithin two months of the date of reference and make any suchconsequential order as the circumstances of the case may require.126. (1) The Supreme Court shall have sole and exclusivejurisdiction to hear and determine any question relating tothe infringement or imminent infringement by executive oradministrative action of any fundamental right or language rightdeclared and recognized by Chapter III or Chapter IV.(2) Where any person alleges that any such fundamentalright or language right relating to such person has been infringedor is about to be infringed by executive or administrative action,he may himself or by an attorney-at-law on his behalf, withinone month thereof, in accordance with such rules of court asmay be in force, apply to the Supreme Court by way of petitionin writing addressed to such Court praying for relief or redress inrespect of such infringement. Such application may be proceededwith only with leave to proceed first had and obtained from theSupreme Court, which leave may be granted or refused, as thecase may be, by not less than two judges.92 – Substituted by the Nineteenth Amendment to the Constitution Sec.32 for the words “provided in Articles120, 121 and 122″Constitutionaljurisdiction in theinterpretation of theConstitutionValidity of Bills andlegislative processnot to be questionedFundamental rightsjurisdiction and itsexerciseThe Constitution of the Democratic Socialist Republic of Sri Lanka104(3) Where in the course of hearing in the Court of Appeal intoan application for orders in the nature of a writ ofhabeas corpus,certiorari, prohibition, procedendo, mandamus or quo warranto,it appears to such Court that there is prima facie evidence ofan infringement or imminent infringement of the provisions ofChapter III or Chapter IV by a party to such application, suchCourt shall forthwith refer such matter for determination by theSupreme Court.(4) The Supreme Court shall have power to grant such reliefor make such directions as it may deem just and equitable in thecircumstance in respect of any petition or reference referred toin paragraphs (2) and (3) of this Article or refer the matter backto the Court of Appeal if in its opinion there is no infringementof a fundamental right or language right.(5) The Supreme Court shall hear and finally dispose of anypetition or reference under this Article within two months of thefiling of such petition or the making of such reference.127. (1) The Supreme Court shall, subject to the Constitution,be the final Court of civil and criminal appellate jurisdiction forand within the Republic of Sri Lanka for the correction of allerrors in fact or in law which shall be committed by the Court ofAppeal or any Court of First Instance, tribunal or other institutionand the judgements and orders of the Supreme Court shall in allcases 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 anyorder, judgement, decree, or sentence made by the Court ofAppeal, where any appeal lies in law to the Supreme Court and itmay affirm, reverse or vary any such order, judgement, decree orsentence of the Court of Appeal and may issue such directions toany Court of First Instance or order a new trial or further hearingin any proceedings as the justice of the case may require andmay also call for and admit fresh or additional evidence if theinterests of justice so demands and may in such event, direct thatsuch evidence be recorded by the Court of Appeal or any Courtof First Instance.l28. (1) An appeal shall lie to the Supreme Court from anyfinal order, judgement, decree or sentence of the Court of Appealin any matter or proceedings, whether civil or criminal, whichinvolves a substantial question of law, if the Court of AppealAppellatejurisdictionRight of appealThe Constitution of the Democratic Socialist Republic of Sri Lanka105grants leave to appeal to the Supreme Court ex mero motu or atthe instance of any aggrieved party to such matter or proceedings.(2) The Supreme Court may, in its discretion, grantspecial leave to appeal to the Supreme Court from any finalor interlocutory order, judgement, decree, or sentence madeby the Court of Appeal in any matter or proceedings, whethercivil or criminal, where the Court of Appeal has refused to grantleave to appeal to the Supreme Court or where in the opinionof the Supreme Court, the case or matter is fit for review by theSupreme Court : Provided that the Supreme Court shall grantleave to appeal in every matter or proceedings in which it issatisfied that the question to be decided is of public or generalimportance.(3) Any appeal from an order or judgement of the Court ofAppeal, made or given in the exercise of its jurisdiction underArticle 139, 140, 141, 142 or 143 to which the President, aMinister, a Deputy Minister or a public officer in his officialcapacity is a party, shall be heard and determined within twomonths of the date of filing thereof.(4) An appeal shall lie directly to the Supreme Court on anymatter and in the manner specifically provided for by any otherlaw passed by Parliament.129. (1) If at any time it appears to the President of theRepublic that a question of law or fact has arisen or is likely toarise which is of such nature and of such public importance thatit is expedient to obtain the opinion of the Supreme Court uponit, he may refer that question to that Court for consideration andthe Court may, after such hearing as it thinks fit, within the periodspecified in such reference or within such time as may be extendedby the President, report to the President its opinion thereon.(2) Where the Speaker refers to the Supreme Court forinquiry and report all or any of the allegation or allegations, asthe case may be, contained in any such resolution as is referredto in Article 38(2)(a), the Supreme Court shall in accordancewith Article 38(2)(d) inquire into such allegation or allegationsand shall report its determination to the Speaker within twomonths of the date of reference.(3) Such opinion, determination and report shall be expressedafter consideration by at least five Judges of the Supreme Court,of whom, unless he otherwise directs, the Chief Justice shall beone.ConsultativejurisdictionThe Constitution of the Democratic Socialist Republic of Sri Lanka106(4) Every proceeding under paragraph (1) of this Articleshall be held in private unless the Court for special reasonsotherwise directs.130. The Supreme Court shall have the power to hear anddetermine and make such orders as provided for by law on –(a) any legal proceeding relating to 94[election of thePresident or the validity of a referendum];(b) any appeal from an order or judgement of the Courtof Appeal in an election petition case :Provided that the hearing and determination of a proceedingrelating to the 95[election of the President or the validity of areferendum shall be] by at least five Judges of the SupremeCourt of whom, unless he otherwise directs, the Chief Justiceshall be one.131. The Supreme Court shall have according to law thepower to take cognizance of and punish any person for thebreach of the privileges of Parliament.132. (1) The several jurisdictions of the Supreme Court shallbe ordinarily exercised at Colombo unless the Chief Justiceotherwise directs.(2) The jurisdiction of the Supreme Court may be exercisedin different matters at the same time by the several Judges of thatCourt sitting apart :Provided that its jurisdiction shall, subject to the provisionsof the Constitution, be ordinarily exercised at all times bynot less than three Judges of the Court sitting together as theSupreme Court.(3) The Chief Justice may –(i) of his own motion ; or(ii) at the request of two or more Judges hearing anymatter ; or(iii) on the application of a party to any appeal,Jurisdiction in93[election andreferendumpetitions]Jurisdiction inrespect of thebreaches ofParliamentaryprivilegesSittings of theSupreme Court93 – Substituted by the Fourteenth Amendment to the Constitution Sec.9(3) for “election petitions”94 – Substituted by the Fourteenth Amendment to the Constitution Sec.9(1) for “election of the President”95 – Substituted by the Fourteenth Amendment to the Constitution Sec.9(3) for “election of the President shall be”The Constitution of the Democratic Socialist Republic of Sri Lanka107proceeding or matter if the question involvedis in the opinion of the Chief Justice one ofgeneral and public importance, direct that suchappeal, proceeding or matter be heard by aBench comprising fie or more Judges of theSupreme Court.(4) The judgement of the Supreme Court shall, when it is notan unanimous decision, be the decision of the majority.133. (1) If at any time there should not be a quorum of theJudges of the Supreme Court available to hold or continue anysittings of the Court, the Chief Justice may with the previousconsent of the President request in writing the attendance at thesittings of the Court as an ad hoc Judge, for such period as maybe necessary, of the President of the Court of Appeal or anyJudge of the Court of Appeal.(2) It shall be the duty of such a Judge who had been sorequested, in priority to other duties of his office, to attend thesittings of the Supreme Court at the time and for the periodfor which his attendance is required and while so attending heshall have all the jurisdictions, powers and privileges and shallperform the duties of a Judge of the Supreme Court.134. (1) The Attorney-General shall be noticed and have theright to be heard in all proceedings in the Supreme Court in theexercise of its jurisdiction under Articles 120, 96[121, 125], 126,129(1) and 131.(2) Any party to any proceedings in the Supreme Court inthe exercise of its jurisdiction shall have the right to be heardin such proceedings either in person or by representation by anattorney-at-law.(3) The Supreme Court may in its discretion grant to any otherperson or his legal representative such hearing as may appear tothe Court to be necessary in the exercise of its jurisdiction underthis Chapter.135. The Registry of the Supreme Court shall be in chargeof an officer designated the Registrar of the Supreme Court whoshall be subject to the supervision, direction and control of theChief Justice.96 – Substituted by the Nineteenth Amendment to the Constitution Sec.9(3) for ” 121, 122, 125″Appointment ofad hoc JudgesRegistry of theSupreme Court andoffice of RegistrarRight to be heard bythe Supreme CourtThe Constitution of the Democratic Socialist Republic of Sri Lanka108136. (1) Subject to the provisions of the Constitution and ofany law the Chief Justice with any three Judges of the SupremeCourt nominated by him, may, from time to time, make rulesregulating generally the practice and procedure of the Courtincluding -(a) rules as to the procedure for hearing appeals and othermatters pertaining to appeals including the termsunder which appeals to the Supreme Court and theCourt of Appeal are to be entertained and provisionfor the dismissal of such appeals for non-compliancewith such rules ;(b) rules as to the proceedings in the Supreme Courtand Court of Appeal in the exercise of the severaljurisdictions conferred on such Courts by theConstitution or by any law, including the time withinwhich such matters may be instituted or broughtbefore such Courts and the dismissal of such mattersfor 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 anyappeal or any other matter before such Court by petitionor otherwise, which appears to the Court to be frivolousand vexatious or brought for the purpose of delay ;(f) the preparation of copies of records for the purpose ofappeal or other proceedings in the Supreme Court andCourt of Appeal ;(g) the admission, enrolment, suspension and removal ofattorneys-at-law 97[ …. ] and the rules of conduct andetiquette for such attorneys-at-law ;(h) the attire of Judges, attorneys-at-law, offiers ofCourt and persons attending the Courts in Sri Lankawhether established by the Constitution, or byParliament or by existing law ;(i) the manner in which panels of jurors may beprepared and the mode of summoning, empanellingand challenging of jurors ;Rules of theSupreme Court97 – Words “and the appointment of senior attorneys-at-law” omitted by the Eighth Amendment to theConstitution Sec.3The Constitution of the Democratic Socialist Republic of Sri Lanka109(j) proceedings of Fiscals and other ministerial offiersof such courts and the process of such courts and themode of executing the same ;(k) the binding effect of the decisions of the SupremeCourt(l) all matters of practice and procedure including thenature and extent of costs that may be awarded, themanner in which such costs may be taxed and thestamping of documents in the Supreme Court, Courtof Appeal, High Court and Courts of First Instancenot specially provided by or under any law.(2) Every rule made under this Article shall be published inthe Gazette and shall come into operation on the date of suchpublication or on such later date as may be specified in such rule.(3) All rules made under this Article shall as soon asconvenient after their publication in the Gazette be broughtbefore Parliament for approval. Any such rule which is not soapproved shall be deemed to be rescinded as from the date it wasnot so approved, but without prejudice to anything previouslydone thereunder.(4) The Chief Justice and any three Judges of the SupremeCourt nominated by him may amend, alter or revoke any suchrules of court and such amendment, alteration or revocation ofthe rules will operate in the like manner as set out in the precedingparagraph with reference to the making of the rules of court.The Court of Appeal137. The Court of Appeal shall consist of the President of theCourt of Appeal and not less than six and not more than elevenother Judges who shall be appointed as provided in Article 107.138. (1) The Court of Appeal shall have and exercisesubject to the provisions of the Constitution or of any law, anappellate jurisdiction for the correction of all errors in fact orin law which shall be 98[committed by the High Court, in theexercise of its appellate or original jurisdiction or by any Courtof First Instance], tribunal or other institution and sole andexclusive cognizance, by way of appeal, revision and restitutioin integrum, of all causes, suits, actions, prosecutions, matters98 – Substituted by the Thirteenth Amendment to the Constitution Sec.3(a) for “committed by any Court of FirstInstance.”The Court of AppealJurisdiction ofCourt of AppealThe Constitution of the Democratic Socialist Republic of Sri Lanka110and things 99[of which such High Court, Court of First Instance]tribunal or other institution may have taken cognizance :Provided that no judgement, decree or order of any courtshall be reversed or varied on account of any error, defect orirregularity, which has not prejudiced the substantial rights ofthe parties or occasioned a failure of justice.(2) The Court of Appeal shall also have and exercise all suchpowers and jurisdiction, appellate and original, as Parliamentmay by law vest or ordain.139. (1) The Court of Appeal may in the exercise of itsjurisdiction, affirm, reverse, correct or modify any order,judgement, decree or sentence according to law or it may givedirections to such Court of First Instance, tribunal or otherinstitution or order a new trial or further hearing upon such termsas the Court of Appeal shall think fit.(2) The Court of Appeal may further receive and admitnew evidence additional to, or supplementary of, the evidencealready taken in the Court of First Instance touching the mattersat issue in any original case, suit, prosecution or action, as thejustice of the case may require.140. Subject to the provisions of the Constitution, the Courtof Appeal shall have full power and authority to inspect andexamine the records of any Court of First Instance or tribunalor other institution and grant and issue, according to law, ordersin the nature of writs of certiorari, prohibition, procedendo,mandamus and quo warranto against the judge of any Court ofFirst Instance or tribunal or other institution or any other person :100[provided that Parliament may by law provide that inany such category of cases as may be specified in such law, thejurisdiction conferred on the Court of Appeal by the precedingprovisions of this Article shall be exercised by the SupremeCourt and not by the Court of Appeal].141. The Court of Appeal may grant and issue orders in thenature of writs of habeas corpus to bring up before such Court –(a) the body of any person to be dealt with according tolaw ; or99 – Substituted by the Thirteenth Amendment to the Constitution Sec.3(b) for “of which such Court of First Instance”100 -Inserted by the First Amendment to the Constitution Sec.2 w.e.f. 7th September 1978.Powers in appealPower to issue writs,other than writs ofhabeas corpusPower to issue writsof habeas corpusThe Constitution of the Democratic Socialist Republic of Sri Lanka111(b) the body of any person illegally or improperlydetained in public or private custody,and to discharge or remand and person so brought up orotherwise deal with such person according to law :Provided that it shall be lawful for the Court of Appeal torequire the body of such person to be brought up before the mostconvenient Court of First Instance and to direct the judge ofsuch court to inquire into and report upon the acts of the allegedimprisonment or detention and to make such provision for theinterim custody of the body produced as to such court shall seemright ; and the Court of Appeal shall upon the receipt of suchreport, make order to discharge or remand the person so allegedto be imprisoned or detained or otherwise deal with such personaccording to law and the Court of First Instance shall conformto and carry into immediate effect, the order so pronounced ormade by the Court of Appeal :Provided further that if provision be made by law for theexercise by any court, of jurisdiction in respect of the custody andcontrol of minor children, then the Court of Appeal, if satisfiedthat any dispute regarding the custody of any such minor childmay more properly be dealt with by such court, direct the partiesto make application in that court in respect of the custody ofsuch minor child.142. The Court of Appeal may direct –(i) that a prisoner detained in any prison be brought beforea court-martial or any Commissioners acting under the authorityof any Commission from the President of the Republic for trialor to be examined relating to any matters pending before anysuch court-martial or Commissioners respectively ; or(ii) that a prisoner detained in prison be removed from onecustody to another for purposes of trial.143. The Court of Appeal shall have the power to grant andissue injunctions to prevent any irremediable mischief whichmight ensure before a party making an application for suchinjunction could prevent the same by bringing an action in anyCourt of First Instance :Provided that it shall not be lawful for the Court of Appealto grant an injunction to prevent a party to any action in anycourt from appealing to or prosecuting an appeal to the CourtPower to bringup and removeprisonersPower to grantinjunctionThe Constitution of the Democratic Socialist Republic of Sri Lanka112of Appeal or to prevent any party to any action in any courtfrom insisting upon any ground of action, defence or appeal, orto prevent any person from suing or prosecuting in any court,except where such person has instituted two separate actionsin two different courts for and in respect of the same cause ofaction, in which case the Court of Appeal shall have the powerto intervene by restraining him from prosecuting one or other ofsuch actions as to it may seem fit.144. The Court of Appeal shall have and exercisejurisdiction to try election petitions in respect of the election tothe membership of Parliament in terms of any law for the timebeing applicable in that behalf.145. The Court of Appeal may, ex mero motu or on anyapplication made, call for, inspect and examine any record ofany Court of First Instance and in the exercise of its revisionarypowers may make any order thereon as the interests of justicemay require.146. (1) The Court of Appeal shall ordinarily exercise itsjurisdiction at Colombo :Provided however that the Chief Justice may from timeto time when he deems it so expedient direct that the Court ofAppeal shall hold its sittings and exercise its jurisdiction in anyjudicial zone or district, specified in the direction.101[(2) The jurisdiction of the Court of Appeal may beexercised in different matters at the same time by the severaljudges of the Court sitting apart :Provided that –(i) its jurisdiction in respect of –(a) judgements and orders of the High Courtpronounced at a trial at Bar, shall be exercisedby at least three Judges of the Court ; and(b) other judgement and orders of the High Court,shall be exercised by at least two Judges of theCourt ;101 -Original para (2) repealed and substituted by the Eleventh Amendment to the Constitution Sec.6Parliamentaryelection petitionsInspection ofrecordsSittings of the Courtof AppealThe Constitution of the Democratic Socialist Republic of Sri Lanka113(ii) its jurisdiction in respect of its powers under Article144 shall be exercised by the President of the Court ofAppeal or any judge of that Court nominated by thePresident or one or more of such Judges nominatedby the President of whom such President may be one;(iii) its jurisdiction in respect of other matters, shall beexercised by a single Judge of the Court, unless thePresident of the Court of Appeal by general or specialorder otherwise directs.](3) In the event of any difference of opinion between twoJudges constituting the Bench, the decision of the Court shallbe suspended until three Judges shall be present to review suchmatter.(4) The judgment of the Court of Appeal, shall when it is notan unanimous decision, be the decision of the majority.147. The Registry of the Court of Appeal shall be in chargeof an Officer designated as the Registrar of the Court of Appealwho shall be subject to the supervision, direction and control ofthe President of the Court of Appeal.Registry of theCourt of Appeal andoffice of RegistrarThe Constitution of the Democratic Socialist Republic of Sri Lanka114CHAPTER XVIIFINANCE148. Parliament shall have full control over public finance.No tax, rate or any other levy shall be imposed by any localauthority or any other public authority, except by or under theauthority of a law passed by Parliament or of any existing law.149. (1) The funds of the Republic not allocated by law tospecific purposes shall form one Consolidated Fund into whichshall be paid the produce of all taxes, imposts, rates and dutiesand all other revenues and receipts of the Republic not allocatedto 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 suchother expenditure as Parliament may determine shall be chargedon the Consolidated Fund.150. (1) Save as otherwise expressly provided in paragraphs(3) and (4) of this Article, no sum shall be withdrawn from theConsolidated Fund except under the authority of a warrant underthe hand of the Minister in charge of the subject of Finance.(2) No such warrant shall be issued unless the sum hasby resolution of Parliament or by any law been granted forspecified public services for the financial year during which thewithdrawal is to take place or is otherwise lawfully, charged onthe Consolidated Fund.(3) Where the President dissolves Parliament before theAppropriation 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 theexpenditure of such sums as he may consider necessary for thepublic services until the expiry of a period of three months fromthe date on which the new Parliament is summoned to meet.(4) Where the President dissolves Parliament and fixes adate or dates for a General Election the President may, unlessParliament has already made provision in that behalf, authorizethe issue from the Consolidated Fund and the expenditure ofsuch sums as he may, after consultation with the Commissionerof Elections, consider necessary for such elections.Control ofParliament overpublic financeConsolidated FundWithdrawal of sumsfrom ConsolidatedFundThe Constitution of the Democratic Socialist Republic of Sri Lanka115151. (1) Notwithstanding any of the provisions of Article149, Parliament may by law create a Contingencies Fund forthe purpose of providing for urgent and unforeseen expenditure.(2) The Minister in charge of the subject of Finance, ifsatisfied –(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 provisionto be made therefor by an advance from the Contingencies Fund.(3) As soon as possible after every such advance, aSupplementary Estimate shall be presented to Parliament for thepurpose of replacing the amount so advanced.152. No Bill or motion, authorizing the disposal of, or theimposition of charges upon, the Consolidated Fund or otherfunds of the Republic, or the imposition of any tax or the repeal,augmentation or reduction of any tax for the time being in forceshall be introduced in Parliament except by a Minister, and unlesssuch Bill or motion has been approved either by the Cabinet ofMinisters or in such manner as the Cabinet of Ministers mayauthorize.153. 102[(1) There shall be an Auditor-General who shallbe a qualified Auditor, and subject to the approval of theConstitutional Council, be appointed by the President and shallhold office during good behaviour. ](2) The salary of the Auditor-General shall be determined byParliament, shall be charged on the Consolidated Fund and shallnot 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 thePresident ;(c) on his attaining the age of sixty years ;(d) on his removal by the President on account of illhealth or physical or mental infimity ; or(e) on his removal by the President upon an address ofParliament.Contingencies FundSpecial provisionsas to Bills affectingpublic revenueAuditor-General102 -Substituted by the Nineteenth Amendment to the Constitution Sec.34The Constitution of the Democratic Socialist Republic of Sri Lanka116103[(4) Whenever the Auditor-General is unable to dischargefunctions of his office, the President may, subject to the approvalof the Constitutional Council, appoint a person to act in the placeof the Auditor-General. ]104[ 153A.(1) There shall be an Audit Service Commission(in this Chapter referred to as “Commission”), which shallconsist of the Auditor-General who shall be the Chairman ofthe Commission, and the following members appointed by thePresident on the recommendation of the Constitutional Council:-(a) two retired offiers of the Auditor-General’sDepartment, who have held offie as a DeputyAuditor- General or above;(b) a retired judge of the Supreme Court, Court of Appealor the High Court of Sri Lanka; and(c) a retired Class I offier of the Sri Lanka AdministrativeService. (2) (a) A person appointed as a member of the Commissionshall hold office for three years, unless he,–(i) earlier resigns from his offie, by letteraddressed to the President;(ii) is removed from offie as hereinafter provided;or(iii) becomes a Member of Parliament or a memberof a Provincial Council or any local authority.(b) A person appointed as a member of the Commissionshall be eligible to be appointed for a further term of office, onthe recommendation of the Constitutional Council.(3) The President may for cause assigned and with theapproval of the Constitutional Council, remove from officeany person appointed as a member of the Commission underparagraph (1).(4) The Chairman and the members of the commission shallbe paid such allowances as are determined by Parliament. Suchallowances shall be charged on the Consolidated Fund and shallnot be diminished during the term of office of the Chairman ormembers.103 -Substituted by the Nineteenth Amendment to the Constitution Sec.34104 -New Articles 153A to 153H inserted by the Nineteenth Amendment to the Constitution Sec.35Constitution ofthe Audit ServiceCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka117(5) The Chairman and the members of the Commission shallbe deemed to be public servants within the meaning and for thepurposes of Chapter IX of the Penal Code.(6) There shall be a Secretary to the Commission who shallbe appointed by the Commission.153B. (1) The quorum for any meeting of the Commissionshall be three members of the Commission.(2) Parliament shall, subject to paragraph (1), provide bylaw for meetings of the Commission, the establishment of theSri Lanka State Audit Service and such other matters connectedwith and incidental thereto.153C. (1) The power of appointment, promotion, transfer,disciplinary control and dismissal of the members belongingto the Sri Lanka State Audit Service, shall be vested in theCommission.(2) The Commission shall also exercise, perform anddischarge the following powers, duties and functions:-(a) make rules pertaining to schemes of recruitment,the appointment, transfer, disciplinary control anddismissal of the members belonging to the Sri LankaState Audit Service, subject to any policy determinedby the Cabinet of Ministers pertaining to the same;(b) prepare annual estimates of the National Audit Offieestablished by law; and(c) exercise, perform and discharge such other powers,duties and functions as may be provided for by law.(3) The Commission shall cause the rules made underparagraph (2) to be published in the Gazette.(4) Every such rule shall come into operation on the dateof such publication or on such later date as may be specified insuch rules.(5) Every such rule shall, within three months of suchpublication in the Gazette be brought before Parliament forapproval. Any rule which is not so approved shall be deemed tobe rescinded as from the date of such disapproval, but withoutprejudice to anything previously done thereunder.Meeting of theCommissionPowers andfunctions of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka118153D. (1) A person who otherwise than in the course ofhis duty, directly or indirectly, by himself or through any otherperson, in any manner whatsoever, influences or attempts toinfluence any decision of the Commission, any member thereofor any officer of the Sri Lanka State Audit Service, shall beguilty of an offence and shall on conviction be liable to a finenot exceeding one hundred thousand rupees or to imprisonmentfor a term not exceeding three years or to both such fine andimprisonment.(2) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1).153E. Subject to the jurisdiction conferred on the SupremeCourt under Article 126 and to the powers granted to theAdministrative Appeals Tribunal under Article 153g, no courtor tribunal shall have the power or jurisdiction to inquire into,pronounce upon or in any manner whatsoever call in questionany order or decision made by the Commission, in pursuance ofany function assigned on such Commission under this Chapteror under any law.153F. The costs and expenses of the Commission shall be acharge on the Consolidated Fund.153G. Any officer of the Sri Lanka State Audit Service whois aggrieved by any order relating to the appointment, promotionor transfer of such officer or any order on a disciplinary matteror dismissal made by the Commission, in respect of such officer,may appeal therefrom to the Administrative Appeals Tribunalestablished under Article 59, which shall have the power toalter, vary, rescind or confirm any order or decision made bythe Commission.153H. The Commission shall be responsible and answerableto Parliament in accordance with the provisions of the StandingOrders of Parliament for the discharge of its functions andshall forward to Parliament in each calendar year a report of itsactivities in such year. ]154. 105[(1) The Auditor-General shall audit all departmentsof the Government, the Office of the Secretary to the President,the Office of the Secretary to the Prime Minister, the Officesof the Cabinet of Ministers, the Judicial Services Commission,Influencing orattempting toinfluence decision ofthe Commission orany officer of the SriLanka State AuditService, to be anoffence.Immunity fromlegal proceedings.Costs and expenses.Appeals to theAdministrativeAppeals Tribunal.Commission tobe answerable toParliament.Duties and functionsof Auditor-General105 -Substituted by the Nineteenth Amendment to the Constitution Sec.36The Constitution of the Democratic Socialist Republic of Sri Lanka119the Constitutional Council, the Commissions referred to in theSchedule to Article 41B, the Parliamentary Commissioner forAdministration, the Secretary-General of Parliament, localauthorities, public corporations, business and other undertakingsvested in the Government under any written law and companiesregistered or deemed to be registered under the Companies Act,No. 7 of 2007 in which the Government or a public corporationor local authority holds fifty per centum or more of the shares ofthat company including the accounts thereof. ](2) Notwithstanding the provisions of paragraph (1) ofthis Article, the Minister in charge of any such 106[ publiccorporation, business or other undertaking or a company referredto in paragraph (1)] may, with the concurrence of the Ministerin charge of the subject of Finance and in consultation with theAuditor-General, appoint a qualified auditor or auditors to auditthe accounts of such 106[public corporation, business or otherundertaking or a company referred to in paragraph (1)]. Wheresuch appointment has been made by the Minister, the AuditorGeneral may, in writing, inform such auditor or auditors thathe proposes to utilize his or their services for the performanceand discharge of the Auditor-General’s duties and functionsin relation to such 106[ public corporation, business or otherundertaking or a company referred to in paragraph (1)] andthereupon such auditor or auditors shall act under the directionand control of the Auditor-General.(3) The Auditor-General shall also perform and dischargesuch duties and functions as may be prescribed by Parliamentby law.(4) (a) The Auditor-General may for the purpose of theperformance and discharge of his duties and functions engagethe services of a qualified auditor or auditors who shall act underhis direction and control.(b) If the Auditor-General is of opinion that it is necessaryto obtain assistance in the examination of any technical,professional or scientific problem relevant to the audit, he mayengage the services of –(i) a person not being an employee of the department,body or authority the accounts of which are beingaudited, or106 -Substituted by the Nineteenth Amendment to the Constitution Sec.36 for the words “public corporation orbusiness or other undertaking”The Constitution of the Democratic Socialist Republic of Sri Lanka120(ii) any technical or professional or scientifi institutionnot being an institution which has any interest in themanagement of the affairs of such department, bodyor authority.and such person or institution shall act under his directionand control.(5) (a) The Auditor-General or any person authorized byhim shall in the performance and discharge of his duties andfunctions be entitled –(i) to have access to all books, records, returns and otherdocuments ;(ii) to have access to stores and other property ; and(iii) to be furnished with such information andexplanations as may be necessary for the performanceof such duties and functions.(b) Every qualified auditor appointed to audit the accountsof 107[any public corporation, business or other undertaking or acompany referred to in paragraph (1)], or any person authorizedby such auditor shall be entitled to like access, information andexplanations in relation to such public corporation, or businessor other undertaking.(6) The Auditor-General shall within ten months after theclose of each financial year and as and when he deems it necessaryreport to Parliament on the performance and, discharge of hisduties and functions under the Constitution.(7) Every qualified auditor appointed under the provisionsof paragraph (2) of this Article shall submit his report to theMinister 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 ofChartered Accountants of Sri Lanka, or of any otherInstitute established by law, possesses a certifiate topractise as an Accountant issued by the Council ofsuch Institute ; or107 -Substituted by the Nineteenth Amendment to the Constitution Sec.36 for the words “any public corporationor business or other undertaking”The Constitution of the Democratic Socialist Republic of Sri Lanka121(b) a fim of Accountants each of the resident partners ofwhich, being a member of the Institute of CharteredAccountants of Sri Lanka or of any other Instituteestablished by law, possesses a certifiate to practiseas an Accountant issued by the Council of suchInstitute.108[ (9) The provisions of sub-paragraph (a) of paragraph(8) shall apply to the Auditor-General appointed under Article153(1).]108 -Inserted by the Nineteenth Amendment to the Constitution Sec.36The Constitution of the Democratic Socialist Republic of Sri Lanka122109[ CHAPTER XVII A154A. (1) Subject to the provisions of the Constitution, aProvincial Council shall be established for every Province specifiedin the Eighth Schedule with effect from such date or dates as thePresident may appoint by Order published in the Gazette. Differentdates 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 ofsuch Council in accordance with the law relating to ProvincialCouncil elections.(3) Notwithstanding anything in the preceding provisionsof this Article, Parliament may by, or under, any law providefor two or three adjoining Provinces to form one administrativeunit with one elected Provincial Council, one Governor, oneChief Minister and one Board of Ministers and for the mannerof determining whether such Provinces should continue to beadministered as one administrative unit or whether each suchProvince should constitute a separate administrative unit withits own Provincial Council, and a separate Governor, ChiefMinister and Board of Ministers.154B. (1) There shall be a Governor for each Province forwhich a Provincial Council has been established in accordancewith Article 154A.(2) The Governor shall be appointed by the President bywarrant under his hand and shall hold office, in accordance withArticle 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 ofthe Governor on the ground that the Governor –(i) has intentionally violated the provisions of theConstitution ;(ii) is guilty of misconduct or corruption involving theabuse of the powers of his offie ; or(iii) is guilty of bribery or an offence involving moralturpitude,Establishment ofProvincial CouncilsGovernor109 -Chapter XVIIA Articles 154A to 154T inserted by the Thirteenth Amendment to the Constitution Sec.4The Constitution of the Democratic Socialist Republic of Sri Lanka123if a resolution for the presentation of such address is passedby not less than two-thirds of the whole number of members ofthe Council (including those not present).(b) No resolution for the presentation of an address to thePresident advising the removal of the Governor on the groundsreferred to in sub-paragraph (a) shall be entertained by theChairman of the Provincial Council or discussed at the Council,unless notice of such resolution is signed by not less than onehalf of the whole number of members present.(5) Subject to the preceding provisions of this Article, theGovernor shall hold office for a period of five years from thedate he assumes office.(6) Every person appointed as Governor shall assume officeupon taking or subscribing, the oath or making or subscribing theaffirmation, set out in the Fourth Schedule, before the President.(7) Upon such assumption of office a Governor shall cease tohold any other office created or recognized by the Constitution,and if he is a Member of Parliament, shall vacate his seat inParliament. The Governor shall not hold any other office orplace of profit.(8) (a) The Governor may, from time to time, summonthe Provincial Council to meet at such time andplace as he thinks fi, but two months shall notintervene between the last sitting in one sessionand the date appointed for the fist sitting in thenext session.(b) The Governor may, from time to time, proroguethe Provincial Council.(c) The Governor may dissolve the ProvincialCouncil.(d) The Governor shall exercise his powers underthis paragraph in accordance with the adviceof the Chief Minister, so long as the Boardof Ministers commands, in the opinion of theGovernor, the support of the majority of theProvincial Council.(9) Without prejudice to the powers of the President underArticle 34 and subject to his directions the Governor of a Provinceshall have the power to grant a pardon to every person convictedThe Constitution of the Democratic Socialist Republic of Sri Lanka124of an offence against a statute made by the Provincial Council ofthat Province or a law made by Parliament on a matter in respectof which the Provincial Council has power to make statutes andto grant a respite or remission of punishment imposed by Courton any such person :Provided that where the Governor does not agree with theadvice of the Board of Ministers in any case and he considers itnecessary to do so in the public interest, he may refer that caseto the President for orders.(10) (a) The Governor may address the Provincial Counciland may for that purpose require the attendance of members.(b) The Governor may also send messages to the Councileither with respect to a statute then pending with the Council,or otherwise and when a message is so sent the Council shallwith all convenient despatch consider any matter required by themessage to be taken into consideration.(11) It shall be the duty of the Chief Minister of everyProvince –(a) to communicate to the Governor of the Province alldecisions of the Board of Ministers relating to theadministration of the affairs of the Province and theproposals for legislation ;(b) to furnish such information relating to theadministration of the affairs of the Province andproposals for legislation as the Governor may callfor ; and(c) if the Governor so requires, to submit forconsideration of the Board of Ministers any matteron which a decision has been taken by a Minister butwhich has not been considered by the Board.(12) Parliament shall by law or resolution make provision forthe salary, allowances, age of retirement and pension entitlementof holders of the office of Governor.154C. Executive power extending to the matters withrespect to which a Provincial Council has power to makestatutes shall be exercised by the Governor of the Province forwhich that Provincial Council is established, either directly orthrough Ministers of the Board of Ministers, or through officerssubordinate to him, in accordance with Article 154F.Exercise ofexecutive powers bythe GovernorThe Constitution of the Democratic Socialist Republic of Sri Lanka125154D. (1) A Provincial Council shall consist of such numberof members as may be determined by or under law, havingregard to the area and population of the Province for which thatProvincial Council is established.(2) (a) A Provincial Council may at the commencementof the term of office of its members, decide, by resolution, togrant Members of Parliament elected for electoral districts, thelimits of which fall within the Province for which that ProvincialCouncil is established, the right to participate in proceedings ofthat Council.(b) So long as a resolution passed under sub-paragraph (a) is inforce, a Member of Parliament elected for an electoral district, thelimits of which fall within the Province for which that provincialCouncil is established, shall have the right, during the term ofoffice of that Council, to speak in and otherwise take part in, theproceedings of the Provincial Council and to speak in and otherwisetake part in, any committee of the Provincial Council of which hemay be named a member but shall be entitled to vote thereat onlyif the resolution passed under sub-paragraph (a) so provides.(c) The provisions of this paragraph shall cease to operate onthe date of dissolution of the first Parliament.154E. A Provincial Council shall, unless sooner dissolved,continue for a period of five years from the date appointed for itsfirst meeting and the expiration of the said period of five yearsshall operate as a dissolution of the Council.154F. (1) There shall be a Board of Ministers with the ChiefMinister at the head and not more than four other Ministers toaid and advise the Governor of a Province in the exercise of hisfunctions. The Governor shall, in the exercise of his functions,act in accordance with such advice, except in so far as he is by orunder the Constitution required to exercise his functions or anyof them in his discretion.(2) If any question arises whether any matter is or is nota matter as respects which the Governor is by or under thisConstitution required to act in his discretion, the decision ofthe Governor in his discretion shall be final and the validity ofanything done by the Governor shall not be called in question inany Court on the ground that he ought or ought not have actedon his discretion. The exercise of the Governor’s discretion shallbe on the President’s directions.Membership ofProvincial CouncilTerm of officeBoard of MinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka126(3) The question whether any, and if so what, advice wastendered by the Ministers to the Governor shall not be, inquiredinto in any Court.(4) The Governor shall appoint as Chief Minister, themember of the Provincial Council constituted for that Province,who, in his opinion, is best able to command the support of amajority of the members of that Council :Provided that where more than one-half of the memberselected to a Provincial Council are members of one politicalparty, the Governor shall appoint the leader of that political partyin the Council, as Chief Minister.(5) The Governor shall, on the advice of the Chief Minister,appoint from among the members of the Provincial Councilconstituted for that Province, the other Ministers.(6) The Board of Ministers shall be collectively responsibleand answerable to the Provincial Council.(7) A person appointed to the office of Chief Minister ormember of the Board of Ministers shall not enter upon the dutiesof his office until he takes and subscribes the oath, or makes andsubscribes the affirmation, set out in the Fourth Schedule.154G. (1) Every Provincial Council may, subject to theprovisions of the Constitution, make statutes applicable to theProvince for which it is established, with respect to any matterset 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 provisionsof this Chapter or the Ninth Schedule shall become law unlesssuch Bill has been referred by the president, after its publicationin the Gazette and before it is placed on the Order Paper ofParliament, to every Provincial Council for the expression ofits views thereon, within such period as may be specified in thereference, and -(a) where every such Council agrees to the amendmentor repeal, such Bill is passed by a majority of theMembers of Parliament present and voting ; or(b) where one or more Councils do not agree to theamendment or repeal such Bill is passed by thespecial majority required by Article 82.Statutes ofProvincial CouncilsThe Constitution of the Democratic Socialist Republic of Sri Lanka127(3) No Bill in respect of any matter set out in the ProvincialCouncil List shall become law unless such Bill has been referredby the President, after its publication in the Gazette and before itis placed on the Order Paper of Parliament, to every ProvincialCouncil for the expression of its views thereon, within suchperiod as may be specified in the reference, and –(a) where every such Council agrees to the passing ofthe Bill, such Bill is passed by a majority of theMembers of Parliament present and voting ; or(b) where one or more Councils do not agree to thepassing of the Bill, such Bill is passed by the specialmajority required by Article 82:Provided that where on such reference, some but not allthe Provincial Councils agree to the passing of a Bill, such Billshall become law applicable only to the Provinces for which theProvincial Councils agreeing to the Bill have been established,upon such Bill being passed by a majority of the Members ofParliament present and voting.(4) Where one or more Provincial Councils requestParliament, by resolution, to make law on any matter set outin the Provincial Council List, Parliament may make law onthat matter, applicable only to the Provinces for which thoseProvincial Councils are established, by a majority of Membersof Parliament present and voting.(5) (a) Parliament may make laws with respect to any matterset out in List III of the Ninth Schedule (hereinafter referredto as “the Concurrent List”) after such consultation with allProvincial Councils as Parliament may consider appropriate inthe circumstances of each case.(b) Every Provincial Council may, subject to the provisionsof the Constitution, make statutes applicable to the Provincefor which it is established, with respect to any matter on theConcurrent List, after such consultation with Parliament as itmay consider appropriate in the circumstances of each case.(6) If any provision of any statute made by a ProvincialCouncil is inconsistent with the provisions of any law made inaccordance with the preceding provisions of this Article, theprovisions of such law shall prevail and the provisions of suchstatute shall, to the extent of such inconsistency, be void.The Constitution of the Democratic Socialist Republic of Sri Lanka128(7) A Provincial Council shall have no power to makestatutes 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 onthe Provincial Council List in force on the date on which thisChapter comes into force and a Provincial Council establishedfor a Province subsequently makes a statute on the same matterand which is described in its long title as being inconsistent withthat law, then, the provisions of the law shall, with effect fromthe date on which that statute receives assent and so long onlyas that statute is in force, remain suspended and be inoperativewithin that Province.(9) Where there is a law with respect to a matter on theConcurrent List on the date on which this Chapter comes intoforce and a Provincial Council established for a Provincesubsequently makes a statute on the same matter inconsistentwith that law, the provisions of that law shall, unless Parliament,by resolution, decides to the contrary, remain suspended and beinoperative within that Province, with effect from the date onwhich that statute receives assent and so long only as that statuteis in force.(10) Nothing in this Article shall be read or construed asderogating from the powers conferred on Parliament by theConstitution to make laws, in accordance with the Provisions ofthe Constitution (inclusive of this Chapter), with respect to anymatter, for the whole of Sri Lanka or any part thereof.(11) Notwithstanding anything in paragraph (3) of thisArticle, Parliament may make laws, otherwise than in accordancewith the procedure set out in that paragraph, in respect of anymatter set out in the Provincial Council List for implementingany treaty, agreement or convention with any other country orcountries or any decisions made at an international conference,association, or other body.154H. (1) Every statute made by a Provincial Council shallcome into force upon such statute receiving assent as hereinafterprovided.(2) Every statute made by a Provincial Council shall bepresented to the Governor for his assent, forthwith upon themaking thereof and the Governor shall either assent to the statuteor he may as soon as possible after the statute is presented toAssentThe Constitution of the Democratic Socialist Republic of Sri Lanka129him for assent return it to the Provincial Council together witha message requesting the Council to reconsider the statute orany specified provision thereof and in particular, requesting itto consider the desirability of introducing such amendments asmay be recommended in the message.(3) Where a statute is returned to a Provincial Council bythe Governor under paragraph (2), the Provincial Council shallreconsider the statute having regard to the Governor’s messageand may pass such statute with or without amendment andpresent it to the Governor for his assent.(4) Upon presentation of a statute to the Governor underparagraph (3), the Governor may assent to the statute or reserveit for reference by the President to the Supreme Court, withinone month of the passing of the statute for the second time, fora determination that it is not inconsistent with the provisions ofthe Constitution. Where upon such reference, the Supreme Courtdetermines that the statute is consistent with the provisions of theConstitution, the Governor shall, on receipt by him of the Court’sdetermination, assent to the statute. Where upon such reference,the Supreme Court determines that the statute is inconsistentwith the provisions of the Constitution, the Governor shallwithhold assent to the statute.154J. (1) Upon the making of a proclamation under thePublic Security Ordinance or the law for the time being inforce relating to public security, bringing the provisions ofsuch Ordinance or law into operation on the ground that themaintenance of essential supplies and services is, threatened orthat the security of Sri Lanka is threatened by war or externalaggression or armed rebellion, the President may give directionsto any Governor as to the manner in which the executive powerexercisable by the Governor is to be exercised. The directionsso given shall be in relation to the grounds specified in suchProclamation for the making thereof.Explanation : A Proclamation under the Public SecurityOrdinance declaring that the maintenance of essential suppliesand services is threatened or that the security of Sri Lanka or anypart of the territory thereof is threatened by war, or by externalaggression, or by armed rebellion may be made before the actualbreakdown of supplies and services, or the actual occurrence ofwar, or of any such aggression or rebellion, if the President issatisfied that there is imminent danger thereof :Public SecurityThe Constitution of the Democratic Socialist Republic of Sri Lanka130Provided that where such Proclamation is in operationonly in any part of Sri Lanka, the power of the President togive directions under this Article, shall also extend to anyProvince other than the Province in which the Proclamation is inoperation if, and in so far as it is expedient so to do for ensuringthe maintenance of essential supplies and services or the securityof Sri Lanka.(2) A Proclamation under the Public Security Ordinance orthe law for the time being relating to public security, shall beconclusive for all purposes and shall not be questioned in anyCourt, and no Court or Tribunal shall inquire into, or pronounceon, or in any manner call in question, such Proclamation, thegrounds for the making thereof, or the existence of those groundsor any direction given under this Article.154K. Where the Governor or any Provincial Council hasfailed to comply with, or give effect to any directions givento such Governor or such Council under this Chapter of theConstitution, it shall be lawful for the President to hold that asituation has arisen in which the administration of the Provincecannot carried on in accordance with the provisions of theConstitution.154L. (1) If the President, on receipt of a report from theGovernor of the Province or otherwise, is satisfied that a situationhas arisen in which the administration of the Province cannot becarried 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 theadministration of the Province and all or any of thepowers vested in, or exercisable by, the Governor orany body or authority in the Province other than theProvincial Council;(b) declare that the powers of the Provincial Councilshall be exercisable by, or under the authority ofParliament;(c) make such incidental and consequential provisions asappear to the President to be necessary or desirablefor giving effect to the objects of the Proclamation :Provided that nothing in this paragraph shall authorize thePresident to assume to himself any of the powers vested in, orexercisable, by any Court.Failure ofadministrativemachineryFailure to complywith directionsThe Constitution of the Democratic Socialist Republic of Sri Lanka131(2) Any such Proclamation may be revoked or varied by asubsequent Proclamation.(3) Every Proclamation under this Article shall be laid beforeParliament and shall, except where it is a Proclamation revokinga previous Proclamation, cease to operate at the expiration offourteen days unless before expiration of that period it has beenapproved by a resolution of Parliament :Provided that if any such Proclamation (not being aProclamation revoking a previous Proclamation) is issued at atime when Parliament is dissolved or the dissolution of Parliamenttakes place during the period of fourteen days referred to in thisparagraph but no resolution with respect to such proclamationhas been passed by Parliament before the expiration of thatperiod, the proclamation shall cease to operate at the expirationof fourteen days from the date on which Parliament first sitsafter its reconstitution, unless before the expiration of the saidperiod of fourteen days a resolution approving the Proclamationhas been passed by Parliament.(4) A Proclamation so approved shall, unless earlier revoked,cease to operate on the expiration of a period of two monthsfrom the date of issue of the Proclamation :Provided that if and so often as a resolution approvingthe continuance in force of such a Proclamation is passed byParliament, the Proclamation shall, unless revoked continue inforce for a further period of two months from the date on whichunder this paragraph is, would otherwise have ceased to operate,but no such Proclamation shall in any case remain in force formore than one year:Provided further that if the dissolution of Parliament takesplace during any such period of two months but no resolutionwith respect to the continuance in force of such Proclamationhas been passed by Parliament during the said period, theProclamation shall cease to operate at the expiration of fourteendays from the date on which Parliament first sits after itsreconstitution unless before the expiration of the said period offourteen days a Proclamation approving the continuance in forceof the Proclamation has been passed by Parliament.(5) Notwithstanding anything in this Article, the Presidentmay within fourteen days of his making a Proclamation underparagraph (1) and for the purpose of satisfying himself withThe Constitution of the Democratic Socialist Republic of Sri Lanka132regard to any of the matters referred to in that paragraph, appointa retired Judge of the Supreme Court to inquire into and reportupon such matters within a period of sixty days. A Judge soappointed shall in relation to such inquiry have the powers ofa Commissioner appointed under the Commissions of InquiryAct. Upon receipt of the report of such Judge, the President mayrevoke the Proclamation made under paragraph (1).(6) A Proclamation under this Article shall be conclusive forall purposes and shall not be questioned in any Court, and noCourt or Tribunal shall inquire into, or pronounce on, or in anymanner call in question, such Proclamation or the grounds formaking thereof.154M. (1) Where by a Proclamation issued under paragraph(1) of Article 154L, it has been declared that the powers of theProvincial Council shall be exercisable by or under the authority,of Parliament, it shall be competent –(a) for Parliament to confer on the President, the powerof the Provincial Council to make statutes and toauthorize the President to delegate, subject to suchconditions as he may think fi to impose, the powerso conferred, on any other authority specifid by himin that behalf ;(b) for the President to authorize, when Parliament is notin session, expenditure from the Provincial Fund ofthe Province pending sanction of such expenditureby Parliament.(2) A statute made by Parliament or the President or otherauthority referred to in sub-paragraph (a) of paragraph (1),during the continuance in force of a Proclamation issued underparagraph (1) of Article 154L, shall continue in force untilamended or repealed by the Provincial Council.154N. (1) If the President is satisfied that a situation hasarisen whereby the financial stability or credit of Sri Lankaor of any part of the territory thereof is threatened, he may byProclamation make a declaration to that effect.(1) A Proclamation issued under paragraph (1) –(a) may be revoked or varied by a subsequentProclamation;(b) shall be laid before Parliament ;Parliament to conferpowers of ProvincialCouncil to PresidentFinancial instabilityThe Constitution of the Democratic Socialist Republic of Sri Lanka133(c) shall cease to operate at the expiration of two months,unless before the expiration of that period it has beenapproved by a resolution of Parliament :Provided that if any such Proclamation is issued at atime when Parliament has been dissolved or the dissolutionof Parliament takes place during the period of two monthsreferred to in sub-paragraph (c), but no resolution with respectto such Proclamation has been passed by Parliament beforethe expiration of that period, the Proclamation shall cease tooperate at the expiration of thirty days from the date on whichParliament first sits after its reconstitution, unless before theexpiration of the said period of thirty days a resolution approvingthe Proclamation has been passed by Parliament.(3) During the period and such Proclamation as is mentionedin paragraph (1) is in operation, the President may give directionsto any Governor of a Province to observe such canons offinancial propriety as may be specified in the directions, and togive such other directions as the President may deem necessaryand adequate for the purpose.(4) Notwithstanding anything in the Constitution any suchdirection may include –(a) a provision requiring the reduction of salaries andallowances of all or any class of persons serving inconnection with the affairs of the Province ;(b) a provision requiring all statutes providing forpayments into or out of, a Provincial Fund to bereserved for the consideration of the President afterthey are passed by the Provincial Council.154P. (1) There shall be a High Court for each Province witheffect from the date on which this Chapter comes into force.Each such High Court shall be designated as the High Court ofthe relevant Province.(2) The Chief Justice shall nominate, from among Judges ofthe High Court of Sri Lanka, such number of Judges as may benecessary to each such High Court. Every such Judge shall betransferable by the Chief Justice.(3) Every such High Court shall –(a) exercise according to law, the original criminaljurisdiction of the High Court of Sri Lanka in respectof offences committed within the Province ;High CourtThe Constitution of the Democratic Socialist Republic of Sri Lanka134(b) notwithstanding anything in Article 138 and subjectto any law, exercise, appellate and revisionaryjurisdiction in respect of convictions, sentences andorders entered or imposed by Magistrates Courts andPrimary Courts within the Province ;(c) exercise such other jurisdiction and powers asParliament 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 ofpersons illegally detained within the Province ; and(b) order in the nature of writs of certiorari, prohibition,procedendo, mandamus and quo warranto againstany person exercising, within the Province, anypower under –(i) any law ; or(ii) any statutes made by the Provincial Councilestablished for that Province,in respect of any matter set out in the Provincial Council List.(5) The Judicial Service Commission may delegate to suchHigh Court, the power to inspect and report on, the administrationof 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, judgement or sentenceof any such Court, in the exercise of its jurisdiction underparagraphs (3)(b) or (3)(c) or (4) may appeal there from to theCourt of Appeal in accordance with Article 138.154Q. Parliament shall by law provide for –(a) the election of members of Provincial Councils andthe qualifiations for membership of such Councils ;(b) the procedure for transaction of business by everysuch Council ; (c) the salaries and allowances of members of ProvincialCouncils ; and(d) any other matter necessary for the purpose of givingeffect to the principles of provisions of this Chapter,and for any matters connected with or incidental to,the provisions of this Chapter.Functions, powers,election &c. ofProvincial CouncilsThe Constitution of the Democratic Socialist Republic of Sri Lanka135154R. (1) There shall be a Finance Commission consistingof –-(a) the Governor of the Central Bank of Sri Lanka ;(b) the Secretary to the Treasury ; and110[(c) three other members appointed by the President onthe recommendation of the Constitutional Council,to represent the three major communities, eachof whom shall be a person who has distinguishedhimself or held high offie, in the fild of fiance,law, administration, business or learning. ](2) Every member of the Commission shall, unless he earlierdies, resigns or is removed from office, hold office for a periodof three years.(3) The Government shall, on the recommendation of, andin consultation with, the Commission, allocate from the AnnualBudget, such funds as are adequate for the purpose of meetingthe needs of the Provinces.(4) It shall be the duty of the Commission to makerecommendations to the President as to –(a) the principles on which such funds as are grantedannually by the Government for the use of Provinces,should be apportioned between the various Provinces;and(b) any other matter referred to the Commission by thePresident relating to Provincial Finance.(5) The Commission shall formulate such principles withthe objective of achieving balanced regional development in thecountry, 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 andeconomic disparities ; and(d) the need, progressively, to reduce the differencebetween the per capita income of each Province andthe highest per capita income among the Provinces.FinanceCommission110 – Substituted by the Nineteenth Amendment to the Constitution Sec.37The Constitution of the Democratic Socialist Republic of Sri Lanka136(6) The Commission shall determine its own procedureand shall have such powers in the performance of its duties asParliament may, by law, confer on it.(7) The President shall cause every recommendation madeby the Finance Commission under this Article to be laid beforeParliament, and shall notify Parliament as to the action takenthereon.(8) No Court or Tribunal shall inquire into, or pronounce on,or in any manner entertain, determine or rule upon, any questionrelating to the adequacy of such funds, or any recommendationmade, or principle formulated by, the Commission.154S. (1) A Provincial Council may, by resolution, decidenot to exercise its powers under Article 154G with respect to anymatter or part thereof set out in the Provincial Council List or theConcurrent List of the Ninth Schedule.(2) Where a resolution has been passed by a ProvincialCouncil under paragraph (1) and the terms of such resolutionhave been accepted by Parliament, by resolution, the powers ofsuch Provincial Council under Article 154G shall be deemednot to extend to the matter specified in such resolution andParliament may make law, with respect to that matter, applicableto the province for which that Provincial Council is established,otherwise than in accordance with the provisions of Article154G.154T. The President may by Order published in the Gazette,take such action, or give such directions, not inconsistent with theprovisions of the Constitution, as appears to him to be necessaryor expedient, for the purpose of giving effect to the provisionsof this Chapter, or for the administrative changes necessarytherefor, or for the purpose of removing any difficulties.]Special provisionenabling ProvincialCouncils not toexercise powersunder this ChapterTransitionalmeasuresThe Constitution of the Democratic Socialist Republic of Sri Lanka137CHAPTER XVIIIPUBLIC SECURITY155. (1) The Public Security Ordinance as amended and inforce immediately prior to the commencement of the Constitutionshall be deemed to be a law enacted by Parliament.(2) The power to make emergency regulations under thePublic Security Ordinance or the law for the time being inforce relating to public security shall include the power to makeregulations having the legal effect of over-riding, amending orsuspending the operation of the provisions of any law, except theprovisions of the Constitution.(3) The provisions of any law relating to public security,empowering the President to make emergency regulations whichhave the legal effect of over-riding, amending or suspendingthe operation of the provisions of any law, shall not come intooperation, except upon the making of a Proclamation under suchlaw, bringing such provisions into operation.111[(3A) Nothing in the preceding provisions of thisConstitution shall be deemed to prohibit the making of emergencyregulations, under the Public Security Ordinance or the law forthe time being in force relating to public security, with respectto any matter set out in the Ninth Schedule or having the effectof over-riding amending or suspending the operation of a statutemade by a Provincial Council.](4) Upon the making of such a Proclamation, the occasionthereof shall, subject to the other provisions of this Article, beforthwith communicated to Parliament and accordingly –(i) if such Proclamation is issued after the dissolutionof Parliament such Proclamation shall operate as asummoning of Parliament to meet on the tenth dayafter such Proclamation, unless the Proclamationappoints an earlier date for the meeting which shallnot be less than three days from the date of theProclamation; and the Parliament so summonedshall be kept in session until the expiry or revocationof such or any further Proclamation or until the111 – Inserted by the Thirteenth Amendment to the Constitution Sec.5Public SecurityThe Constitution of the Democratic Socialist Republic of Sri Lanka138conclusion of the General Election whichever eventoccurs earlier and shall thereupon stand dissolved ;(ii) if Parliament is at the date of the making of suchProclamation, separated by any such adjournmentor prorogation as will not expire within ten days,a Proclamation shall be issued for the meeting ofParliament within ten days.(5) Where the provisions of any law relating to publicsecurity have been brought into operation by the making of aProclamation under such law, such Proclamation shall, subjectto the succeeding provisions of this Article, be in operation fora period of one month from the date of the making thereof, butwithout prejudice to the earlier revocation of such Proclamationor to the making of a further Proclamation at or before the endof that period.(6) Where such provisions as are referred to in paragraph(3) of this Article, of any law relating to public security, havebeen brought into operation by the making of a Proclamationunder such law, such Proclamation shall expire after a period offourteen days from the date on which such provisions shall havecome into operation, unless such Proclamation is approved by aresolution of Parliament:Provided that if -(a) Parliament stands dissolved at the date of the makingof such Proclamation ; or(b) Parliament is at such date separated by any suchadjournment or prorogation as is referred to inparagraph (4)(ii) of this Article ; or(c) Parliament does not meet when summoned to meetas provided in paragraphs (4)(i) and (4)(ii) of thisArticle,then such Proclamation shall expire at the end of ten daysafter the date on which Parliament shall next meet and sit, unlessapproved by a resolution at such meeting of Parliament.(7) Upon the revocation of a Proclamation referred to inparagraph (6) of this Article within a period of fourteen daysfrom the date on which the provisions of any law relating topublic security shall have come into operation or upon theexpiry of such a Proclamation in accordance with the provisionsThe Constitution of the Democratic Socialist Republic of Sri Lanka139of paragraph (6), no Proclamation made within thirty days nextensuring shall come into operation until the making thereof shallhave been approved by a resolution of Parliament.112[ Repealed ]113(8) If Parliament does not approve any Proclamationbringing such provisions as are referred to in paragraph (3) ofthis Article into operation, such Proclamation shall, immediatelyupon such disapproval, cease to be valid and of any force in lawbut without prejudice to anything lawfully done thereunder.(9) If the making of a Proclamation cannot be communicatedto and approved by Parliament by reason of the fact thatParliament does not meet when summoned, nothing 114[containedin paragraph (6) or (7), of this Article], shall affect the validity oroperation of such Proclamation :Provided that in such event, Parliament shall again besummoned to meet as early as possible thereafter.112 – Paras (8) and (9) repealed by the Tenth Amendment to the Constitution Sec.2(1).113 – Paras (10) and (11) renumbered as (8) and (9) by the Tenth Amendment to the Constitution Sec. 2(2).114 – Substituted by the Tenth Amendment to the Constitution Sec. 2(3) for“contained in paragraph (6), (7), (8)or (9) of this Article.”The Constitution of the Democratic Socialist Republic of Sri Lanka140115[CHAPTER XVIII ANATIONAL POLICE COMMISSION155A. 116[(1) There shall be a National Police Commission(in this Chapter referred to as the “Commission”) consistingof seven members appointed by the President on therecommendation of the Constitutional Council, of whom atleast one member shall be a retired police officer who has heldoffice as a Deputy Inspector-General of Police or above. TheConstitutional Council may in making its recommendation,consult the Public Service Commission. The President shall onthe recommendation of the Constitutional Council appoint onemember as the Chairman.](2) No person shall be appointed as a member of theCommission or continue to hold office as such member if he isor becomes a member of Parliament, a Provincial Council or alocal authority.(3) Every person who immediately before his appointment asa member of the Commission, was a public officer in the serviceof the State or a judicial officer, shall upon such appointmenttaking effect, cease to hold such office and shall be ineligiblefor further appointment as a public officer or a judicial officer :Provided that any such person shall, until he ceases to be amember of the Commission, or while continuing to be a member,attains the age at which he would, if he were a public officer ora judicial officer, as the case may be, be required to retire, bedeemed to be a public officer or a judicial officer and to holda pensionable office in the service of the State, for the purposeof any provision relating to the grant of pensions, gratuities andother allowances in respect of such service.117[ (4) Every member of the Commission shall hold officefor a period of three years from the date of appointment, unlesssuch member becomes subject to any disqualification underparagraph (2) or earlier resigns from office by writing addressedto the President or is removed from office by the President forreasons assigned and with the approval of the ConstitutionalCouncil or is convicted by a Court of law of any offence115 – New Chapter XVIIIA inserted by the Seventeenth Amendment to theConstitution Sec. 20.116 – Substituted by the Nineteenth Amendment to the Constitution Sec.38(1)117 – Substituted by the Nineteenth Amendment to the Constitution Sec.38(2)Constitution of theNational PoliceCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka141involving moral turpitude or if a resolution for the impositionof civic disability upon such member has been passed in termsof Article 81 or is deemed to have vacated his office underparagraph (6) of this Article. ](5) A member of the Commission shall be eligible forreappointment as a member, but shall not be eligible forappointment as a public officer or a judicial officer after theexpiry of his term of office as a member. No member shall beeligible to hold office as a member of the Commission for morethan two terms.(6) In the event of the Chairman or a member of theCommission absenting himself from three consecutive meetingsof the Commission without the prior leave of the Commission,he shall be deemed to have vacated his office from the date of thethird of such meetings and shall not be eligible to be reappointedas a member or as Chairman of the Commission.(7) The Chairman and members of the Commission shallbe paid such allowances as are determined by Parliament. Suchallowances shall be charged on the Consolidated Fund and shallnot be diminished during the term of office of the Chairman ormember.(8) The Chairman and members of the Commission shallbe deemed to be public servants within the meaning and for thepurposes of Chapter IX of the Penal Code.155B. (1) The quorum for a meeting of the Commissionshall be four members.(2) The Chairman shall preside at all meetings of theCommission and in his absence a member elected by themembers present from amongst the members shall preside atsuch meeting.(3) Decisions of the Commission shall be by a majority ofmembers present and voting at the meeting at which the decisionis taken and in the event of an equality of votes the Chairman orthe person presiding shall have a casting vote.(4) The Commission shall have power to act notwithstandingany vacancy in its membership, and any act or proceeding ordecision of the Commission shall not be invalid or deemed tobe invalid by reason only of such vacancy or any defect in theappointment of the Chairman or member.Meetings of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka142118[ (5) The Inspector-General of Police shall be entitled tobe present at meetings of the Commission, except where anymatter relating to him is being considered. He shall have noright to vote at such meetings.]155C. Subject to the jurisdiction conferred on the SupremeCourt 119[under Article 126 and the powers granted to theAdministrative Appeals Tribunal under Article 155L ], no courtor tribunal shall have the power or jurisdiction to inquire into, orpronounce upon or in any manner call in question any order ordecision made by the Commission or a Committee, in pursuanceof any power or duty, conferred or imposed on such Commissionor Committee under this Chapter or under any other law.155D. There shall be a Secretary to the Commission andsuch other officers appointed by the Commission on such termsand conditions as may be determined by the Commission.155E. The costs and expenses of the Commission shall be acharge on the Consolidated Fund.155F. (1) Every person who, otherwise than in the course ofsuch person’s lawful duty, directly or indirectly by himself or byor with any other person, in any manner whatsoever influencesor attempts to influence or interferes with 120[any decision of theCommission or a Committee or any police officer to whom theCommission has delegated any power under this Chapter or toso influence any member of the Commission or a Committee orany police officer to whom any power has been delegated], shallbe guilty of an offence and shall on conviction be liable to a finenot exceeding one hundred thousand rupees or to imprisonmentfor a term not exceeding seven years, or to both such fine andimprisonment.(2) A High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1).Immunity fromLegal ProceedingsSecretary to theCommissionCosts and expensesInterference withthe Commission118 – Inserted by the Nineteenth Amendment to the Constitution Sec.39119 – Substituted by the Nineteenth Amendment to the Constitution Sec.40. for “under paragraph (1) of Article 126″120 -Substituted by the Nineteenth Amendment to the Constitution Sec.41 for “any decision of the Commission ora Committee, or to so inflence any member of the Commission or a Committee”The Constitution of the Democratic Socialist Republic of Sri Lanka143121[ 155FF Repealed ]155FFF. The Commission shall from time to time, makerules for such matters which require rules to be made. Everysuch rule shall be published in the Gazette.]122[ 155G. (1) (a) The appointment, promotion, transfer,disciplinary control and dismissal of police officers other than theInspector-General of Police, shall be vested in the Commission.The Commission shall exercise its powers of promotion,transfer, disciplinary control and dismissal in consultation withthe Inspector-General of Police.(b) The Commission shall not in the exercise of its powersunder this Article, derogate from the powers and functionsassigned to the Provincial Police Service Commissions as andwhen such Commissions are established under Chapter XVlIAof the Constitution.(2) The Commission shall establish procedures to entertainand investigate public complaints and complaints of anyaggrieved person made against a police officer or the policeservice, and provide redress as provided by law. In the eventof the Commission providing redress, the Commission shallforthwith inform the Inspector-General of Police.(3) The Commission shall, in consultation with theInspector-General of Police, provide for and determine allmatters regarding police officers, including:-(a) the formulation of schemes of recruitment, promotionand transfers, subject to any policy determined by theCabinet of Ministers pertaining to the same;(b) training and the improvement of the effiiency andindependence of the police service;(c) the nature and type of the arms, ammunition andother equipment necessary for the use of the NationalDivision and the Provincial Divisions; and(d) codes of conduct and disciplinary procedures.(4) The Commission shall exercise all such powers anddischarge and perform all such functions and duties as are vestedin it under Appendix I of List I contained in the Ninth Scheduleto the Constitution.Commission tomake rulesPowers of theCommission121 -Repealed by the Nineteenth Amendment to the Constitution Sec.42122 -Inserted by the Nineteenth Amendment to the Constitution Sec.43The Constitution of the Democratic Socialist Republic of Sri Lanka144155H. (1) The Commission may delegate to a Committee ofthe Commission (not consisting of members of the Commission)as shall be nominated by the Commission, the powers ofappointment, promotion, transfer, disciplinary control anddismissal of such categories of police officers as are specifiedby the Commission.(2) The Commission shall cause to be published in theGazette, the appointment of any such Committee. (3) The procedure and quorum for meetings of a Committeenominated under paragraph (1) shall be according to rules madeby the Commission. The Commission shall cause such rules tobe published in the Gazette.155J. (1) The Commission may, subject to such conditionsand procedures as may be prescribed by the Commission,delegate to the Inspector-General of Police or in consultationwith the Inspector-General of Police to any Police Officer, itspowers of appointment, promotion, transfer, disciplinary controland dismissal of any category of police officers.(2) The Commission shall cause any such delegation to bepublished in the Gazette.155K. (1)Where the Commission has delegated underArticle 155J to any police officer its powers of appointment,promotion, transfer, disciplinary control and dismissal of anycategory of police officers, the Inspector-General of Police shallhave a right of appeal to the Commission against any order madeby such Police officer in the exercise of his delegated powers.(2) A police officer aggrieved by any order relating topromotion, transfer or any order on a disciplinary matter ordismissal made by the Inspector-General of Police or a Committeeor a Police Officer referred to in Article 155H and 155J inrespect of such officer may, appeal to the Commission againstsuch order in accordance with rules made by the Commissionfrom time to time regulating the procedure and the period fixedfor the making and hearing of an appeal by the Commission.(3) The Commission shall have the power to alter, vary,rescind or confirm such order upon an appeal made underparagraph (1) or paragraph (2), or to give directions in relationthereto or to order such further or other inquiry, as to theCommission shall deem fit.Delegation ofcertain powers ofthe Commission to aCommitteeDelegation ofcertain functions bythe CommissionRight of AppealThe Constitution of the Democratic Socialist Republic of Sri Lanka145(4) The Commission shall from time to time cause to bepublished in the Gazette, rules made by it under paragraph (2)of this Article.(5) Upon any delegation of its powers to the InspectorGeneral of Police or a Committee or police officer under Article155H and 155J, the Commission shall not, whilst such delegationis in force, exercise, perform or discharge its powers, duties orfunctions in respect of the categories of police officers in respectof which such delegation is made, subject to the right of appealhereinbefore provided.155L. Any police officer aggrieved by any order relatingto promotion, transfer, or any order on a disciplinary matter ordismissal made by the Commission, in respect of such officer,may appeal therefrom to the Administrative Appeals Tribunalestablished under Article 59, which shall have the power toalter, vary, rescind or confirm any order or decision made by theCommission. ]123[155M. Until the Commission otherwise provides, allrules, regulations and procedures relating to the Police Forceas are in force on the date of the coming into operation of thisArticle, shall continue to be operative and in force.]155N. The Commission shall be responsible and answerableto Parliament in accordance with the provisions of the StandingOrders of Parliament for the exercise, performance anddischarge of its powers, duties and functions and shall forwardto Parliament in each calendar year a report of its activities insuch year.]Appeals to theAdministrativeAppeals TribunalSaving of existingrules andregulations.123 -Substituted by the Nineteenth Amendment to the Constitution Sec.44CommissionAnswerable toParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka146CHAPTER XIXTHE PARLIAMENTARY COMMISSIONER FORADMINISTRATION156. (1) Parliament shall by law provide for theestablishment of the office of the Parliamentary Commissionerfor Administration (Ombudsman) charged with the duty ofinvestigating and reporting upon complaints or allegations of theinfringement of fundamental rights and other injustices by publicofficers and officers of public corporations, local authorities andother like institutions, in accordance with and subject to theprovisions of such law.124[ (2) The Parliamentary Commissioner for Administration(Ombudsman) shall, subject to the approval of the ConstitutionalCouncil, be appointed by the President and shall hold officeduring good behaviour. ](3) The salary of the Parliamentary Commissioner forAdministration shall be determined by Parliament and shall notbe diminished during his term of office.(4) The office of the Parliamentary Commissioner forAdministration shall become vacant –(a) upon his death;(b) on his resignation in writing addressed to thePresident;(c) on his attaining the age fied by law;(d) on his removal by the President on account of illhealth or physical or mental infimity; or(e) on his removal by the President on an address ofParliament.125[ (5) Whenever the Parliamentary Commissioner forAdministration is unable to perform or discharge the dutiesand functions of his office, the President shall, subject to theapproval of the Constitutional Council, appoint a person to actin his place. ]ParliamentaryCommissioner forAdministration124 -Substituted by the Nineteenth Amendment to the Constitution Sec.45125 -Substituted by the Nineteenth Amendment to the Constitution Sec.45The Constitution of the Democratic Socialist Republic of Sri Lanka147126[ CHAPTER XIX ACOMMISSION TO INVESTIGATE ALLEGATIONS OFBRIBERY OR CORRUPTION156A. (1) Parliament shall by law provide for theestablishment of a Commission to investigate allegations ofbribery or corruption. Such law shall provide for–(a) the appointment of the members of the Commissionby the President on the recommendation of theConstitutional Council;(b) the powers of the Commission, including the powerto direct the holding of a preliminary inquiry or themaking of an investigation into an allegation ofbribery or corruption, whether of its own motion oron a complaint made to it, and the power to instituteprosecutions for offences under the law in forcerelating to bribery or corruption;(c) measures to implement the United NationsConvention Against Corruption and any otherinternational Convention relating to the preventionof corruption, to which Sri Lanka is a party.(2) Until Parliament so provides, the Commission toinvestigate Allegations of Bribery or Corruption Act, No. 19of 1994 shall apply, subject to the modification that it shall belawful for the Commission appointed under that Act, to inquireinto, or investigate, an allegation of bribery or corruption,whether on its own motion or on a written complaint made to it.Commissionto investigateallegationsof bribery orcorruption126 -New Chapters XIXA and XIXB inserted by the Nineteenth Amendment to the Constitution Sec.46The Constitution of the Democratic Socialist Republic of Sri Lanka148CHAPTER XIX BNATIONAL PROCUREMENT COMMISSION156B. (1) There shall be a National Procurement Commission(in this Chapter referred to as the “Commission”) consisting offive members appointed by the President on the recommendationof the Constitutional Council, of whom at least three membersshall be persons who have had proven experience in procurement,accountancy, law or public administration. The President shall,on the recommendation of the Constitutional Council, appointone member as the Chairman of the Commission.(2) Every member of the Commission shall hold office for aperiod of three years from the date of appointment, unless suchmember earlier resigns from office by a writing addressed tothe President or is removed from office by the President forcauses assigned with the approval of the Constitutional Councilor is convicted by a court of law for an offence involving moralturpitude or is elected as a member of Parliament or as a memberof a Provincial Council or of a local authority or if a resolutionfor the imposition of a civic disability on him is passed in termsof Article 81.(3) The Chairman and every member of the Commissionshall be paid such allowances as may be determined by aresolution of Parliament. Such allowances shall be charged onthe Consolidated Fund and shall not be diminished during theterm of office of such Chairman or the member.156C. (1) It shall be the function of the Commission toformulate fair, equitable, transparent, competitive and costeffective procedures and guidelines, for the procurement ofgoods and services,works, consultancy services and informationsystems by government institutions and cause such guidelinesto be published in the Gazette and within three months of suchpublication, to be placed before Parliament.(2) Without prejudice to the generality of paragraph (1), itshall be the function of the Commission to,–(a) monitor and report to the appropriate authorities,on whether all procurement of goods and services,works, consultancy services and information systemsby government institutions are based on procurementplans prepared in accordance with previouslyapproved action plans;NationalProcurementCommissionFunctions of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka149(b) monitor and report to the appropriate authoritieson whether all qualifid bidders for the provisionof goods and services, works, consultancy servicesand information systems by government institutionsare afforded an equal opportunity to participatein the bidding process for the provision of thosegoods and services, works, consultancy services andinformation systems;(c) monitor and report to the appropriate authoritieson whether the procedures for the selection ofcontractors, and the awarding of contracts for theprovision of goods and services, works, consultancyservices and information systems to governmentinstitutions, are fair and transparent;(d) report on whether members of procurementCommittees and Technical Evaluation Committeesrelating to the procurements, appointed bygovernment institutions are suitably qualifid; and(e) investigate reports of procurements made bygovernment institutions outside establishedprocedures and guidelines, and to report the offiersresponsible for such procurements to the relevantauthorities for necessary action.156D. (1) The Commission may, by Notice in writing,require any person to,–(a) attend before the Commission, to be questioned bythe Commission;(b) produce to the Commission, any document or thing inthe possession or control of that person and specifidin such Notice.(2) Every person who–(a) fails, without reasonable cause to appear before theCommission when required to do so by a Notice sentto him under paragraph (1);(b) appears before the Commission in compliancewith such a Notice, but refuses without reasonablecause, to answer any questions put to him by theCommission; orPowers of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka150(c) fails or refuses, without reasonable cause, to produceany document or thing which he was required toproduce by a Notice sent to him under paragraph (1),shall be guilty of an offence and shall on conviction beliable to a fine not exceeding one hundred thousand rupees or toimprisonment for a term not exceeding seven years, or to bothsuch fine and imprisonment.(3) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (2).156E. (1) The Commission shall meet as often as may benecessary for the discharge of its functions.(2) The Chairman shall preside at all meetings of theCommission. In the absence of the Chairman from any meetingof the Commission, the members present shall elect a Chairmanfor that meeting, from among themselves.(3) The quorum for any meeting of the Commission shallbe three.(4) Decisions of the Commission shall be by the majorityvote of the members present and voting at the meeting at whichthe decision is taken, and in the event of an equality of votes,the Chairman or member presiding at the meeting shall have acasting vote.(5) Subject to the preceding provisions of this Article, theCommission may determine the procedure with regard to itsmeetings and the transaction of business at such meetings.(6) The Commission shall have the power to actnotwithstanding any vacancy in the membership of theCommission, and no act, proceeding or decision of theCommission shall be invalid or deemed to be invalid, by reasononly of such vacancy or defect in the appointment of a member.156F. (1) the Commission shall appoint a Secretary-Generaland such other officers as it may consider necessary for theproper discharge of its functions, on such terms and conditionsas may be determined by the Commission.(2) All members and officers of the Commission shall bedeemed to be public servants within the meaning, and for thepurposes of, Chapter IX of the Penal Code.Meetings of theCommissionStaff of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka151(3) No suit, prosecution or other proceeding shall lie againstany member or officer of the Commission for any act or thingwhich in good faith is done or purported to be done by him inthe performance of his duties or the discharge of his functions,under the Constitution.156G. The expenses of the Commission shall be charged onthe Consolidated Fund.156H. In this Chapter, “government institution” includesa Ministry, a government department, a public corporation,a local authority, any business or other undertaking vested inthe Government and a Company registered or deemed to beregistered under the Companies Act, No 7 of 2007, in which theGovernment, a public corporation or any local authority holdsmore than fifty per centum of the shares. ]Expenses of theCommission tobe charged on theConsolidated FundInterpretationThe Constitution of the Democratic Socialist Republic of Sri Lanka152CHAPTER XXGENERAL157. Where Parliament by resolution passed by not lessthan two-thirds of the whole number of Members of Parliament(including those not present) voting in its favour, approves asbeing essential for the development of the national economy,any Treaty or Agreement between the Government of Sri Lankaand the Government of any foreign State for the promotionand protection of the investments in Sri Lanka of such foreignState, its nationals, or of corporations, companies and otherassociations incorporated or constituted under its laws, suchTreaty or Agreement shall have the force of law in Sri Lankaand otherwise than in the interests of national security no writtenlaw shall be enacted or made, and no executive or administrativeaction shall be taken, in contravention of the provisions of suchTreaty or Agreement.127[157A. (1) No person shall, directly or indirectly, in oroutside Sri Lanka, support, espouse, promote, finance, encourageor advocate the establishment of a separate State within theterritory of Sri Lanka.(2) No political party or other association or organizationshall have as one of its aims or objects the establishment of aseparate State within the territory of Sri Lanka.(3) Any person who acts in contravention of the provisionsof paragraph (1) shall, on conviction by the Court of Appeal,after trial on indictment and according to such procedure as maybe prescribed by law, –(a) be subject to civic disability for such period notexceeding seven years as may be determined by suchCourt;(b) forfeit his movable and immovable property otherthan such property as is determined by an order ofsuch Court as being necessary for the sustenance ofsuch person and his family;(c) not be entitled to civic rights for such period notexceeding seven years as may be determined by suchCourt; andProhibitionagainst violation ofterritorial integrityof Sri LankaInternationalTreaties andAgreements127 -Inserted by the Sixth Amendment to the Constitution Sec.3The Constitution of the Democratic Socialist Republic of Sri Lanka153(d) if he is a Member of Parliament or a person in suchservice or holding such offie as is referred to inparagraph (1) of Article 165, cease to be such Memberor to be in such service or to hold such offie.(4) Where any political party or other association ororganization has as one of its aims or objects the establishmentof a separate State within the territory of Sri Lanka, any personmay make an application to the Supreme Court for a declarationthat such political party or other association or organization hasas one of its aims or objects the establishment of a separate Statewithin the territory of Sri Lanka. The Secretary or other officerof such political party or other association or organization shallbe made a respondent to such application.(5) Where the Supreme Court makes a declaration underparagraph (4) in relation to any political party or other associationor organization, in pursuance of an application made to it underthat paragraph –(a) that political party or other association ororganization shall be deemed, for all purposes tobe prescribed and any member of such politicalparty or other association or organization, who isa Member of Parliament shall be deemed to havevacated his seat in Parliament with effect from thedate of such declaration, and any nomination papersubmitted by such political party or other associationor organization shall be deemed for all purposes to beinvalid;(b) any person who holds offie or is a member of thatpolitical 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 andaccording to such procedure as may be prescribed bylaw –(i) be subject to civic disability for such period notexceeding seven years as may be determined bysuch Court;(ii) forfeit his movable and immovable propertyother than such property as is determined by anorder of such Court as being necessary for thesustenance of such person and his family;The Constitution of the Democratic Socialist Republic of Sri Lanka154(iii) not be entitled to civic rights for such period notexceeding seven years as may be determined bysuch Court;(iv) if he is a Member of Parliament or a person insuch service or holds such offie as is referredto in paragraph (1) of Article 165, cease to besuch Member or to be in such service or holdsuch offie.(6) The execution of any punishment imposed underparagraph (3) or sub-paragraph (b) of paragraph (5) shall notbe stayed or suspended pending the determination of any appealagainst such punishment or the conviction in consequence ofwhich such punishment was imposed.(7) Every officer or person who was or is required by, Article32 or Article 53, Article 61 or Article 107 or Article 165 orArticle 169 (12), to take and subscribe or to make and subscribean oath or affirmation, every member of, or person in theservice, of a local authority, Development Council, PradeshiyaMandalaya, Gramodaya Mandalaya or Public Corporation andevery Attorney-at-law shall –(a) if such offier or person is holding offie on the date ofcoming into force of this Article, make and subscribe,or take and subscribe, an oath or affimation in theform set out in the Seventh Schedule, before suchperson or body if any, as is referred to in that Article,within one month of the date on which this Articlecomes into force;(b) if such person or offier is appointed to such offieafter the coming into force of this Article, make andsubscribe or take and subscribe an oath or affimation,in the form set out in the Seventh Schedule, beforesuch person or body, if any, as is referred to in thatArticle, within one month of his appointment to suchoffie.The provisions of Article 165 and Article 169 (12) shallmutatis mutandis, apply to, and in relation to, any person orofficer who fails to take and subscribe, or make and subscribe anoath or affirmation as required by this paragraph.The Constitution of the Democratic Socialist Republic of Sri Lanka155(8) (a) Every person who is a Member of Parliament onthe coming into force of this Article shall not be entitled to sitand vote in Parliament unless he takes and subscribes or makesand subscribes an oath or affirmation in the form set out in theSeventh Schedule.(b) Every person who is elected or nominated as a Memberof Parliament on or after the coming into force of this Articleshall not be entitled to sit and vote in Parliament unless he takesand subscribes or makes and subscribes an oath or affirmation inthe form set out in the Seventh Schedule.(9) No person who has taken and subscribed or made andsubscribed an oath or affirmation in the form set out in theSeventh Schedule shall, notwithstanding any provision to thecontrary in the Constitution, be required to take and subscribeor make and subscribe any other oath or affirmation requiredto be taken and subscribed or made and subscribed under theConstitution.(10) Parliament may, by resolution, determine such othercategories of persons or officers to whom the provisions ofparagraph (7) shall apply and thereupon, the provisions of suchparagraph 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 ofits powers under this Article shall be exercised in the mannerprovided 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 whichrequires a licence, registration or other authorization,by or under any written law. ]The Constitution of the Democratic Socialist Republic of Sri Lanka156158. Where any person is empowered under the provisionsof the Constitution to delegate any power, duty or functionto any other person, such person delegating such power, dutyor function may, notwithstanding such delegation, exercise,perform or discharge such power, duty or function and may atany time revoke such delegation.In this Article, “person” includes any body of persons or anyauthority.159. Where the Speaker is unable to discharge the functionsof his office, the powers, duties and functions conferred orimposed on, or assigned to, the Speaker by any Provision ofthe Constitution, other than by Articles 31(4), 37, 38(2) (b),39(2) and 40, may be exercised, performed or discharged by theDeputy Speaker. DelegationDeputy Speaker toact for SpeakerThe Constitution of the Democratic Socialist Republic of Sri Lanka157CHAPTER XXITRANSITIONAL PROVISIONS160. Notwithstanding anything to the contrary in any otherprovision of the Constitution, the person holding the officeof President immediately before the commencement of theConstitution shall be the first President under the Constitutionand shall be deemed for all purposes to have been elected asthe President of the Republic, and 128[shall, subject to theprovisions of Article 31, hold office] for a period of six yearsfrom February 4, 1978.The President shall, notwithstanding the provisions ofArticle 32, be deemed to have assumed office immediately uponthe commencement of the Constitution and shall be entitledthereupon to exercise, perform and discharge all the powers,duties and functions conferred or imposed on, or assigned to, thePresident by the Constitution or otherwise. The President shall,as soon as possible thereafter at a sitting of Parliament, take andsubscribe the oath or make and subscribe the affirmation set outin the Fourth Schedule.161. Notwithstanding anything to the contrary in any otherprovision of the Constitution –(a) the fist Parliament shall consist, of one hundredand sixty-eight members and subject to thesucceeding provisions of this Article, all personswho immediately before the commencement of theConstitution were members of the National StateAssembly shall be deemed to have been elected asMembers of Parliament;(b) (i) if the election, as a Member of the NationalState Assembly, of a person deemed to havebeen elected to the fist Parliament is declaredvoid under the law for the time being in forceand no other person is determined to havebeen duly returned or elected, the seat of suchMember shall be vacant, and an election to theelectoral district as existing immediately priorto the commencement of the Constitution, shallbe held in accordance with the law relating toFirst PresidentFirst Parliament128 -Substituted by the Third Amendment to the Constitution Sec. 4, for “shall hold offie.”The Constitution of the Democratic Socialist Republic of Sri Lanka158elections to the National State Assembly inforce immediately before the commencementof the Constitution and on the basis of theregister of electors applicable to such electoraldistrict which was operative on the dayimmediately preceding the commencement ofthe Constitution;(ii) the law applicable to election petitions inrelation to an election held as provided in subparagraph (i) shall be the law in force uponthe commencement of the Constitution and inthe event of such an election being declaredvoid the provisions of sub-paragraph (i) shall,mutatis mutandis, apply;(c) if the election as a Member of the National StateAssembly of a person who is deemed to have beenelected to the fist Parliament is declared void orundue and any other person is determined to havebeen duly returned or elected such other person shallbe deemed to have been duly elected as a Member ofthe fist Parliament;(d) (i) where immediately before the commencementof th Constitution there was a vacancy in themembership of the National State Assemblyor where a vacancy in the membership of thefist Parliament occurs otherwise than under theprovisions of paragraph (b) of this Article, suchvacancy shall be filed in the manner providedin sub-paragraph (iii) hereof ;129[(ii) Where during the duration of the FirstParliament, a Member ceases, by resignation,expulsion or otherwise, to be a member ofthe recognized political party to which hebelonged upon or after the commencement ofthe Constitution, the Secretary of such partyshall, within two weeks of the date on whichsuch Member so ceased to be a member of suchparty, communicate, in writing to the SecretaryGeneral of Parliament, the fact and date thereof.The Secretary-General shall, upon receipt of129 -Original para (ii) repealed and substituted by the Second Amendment to the Constitution Sec2.The Constitution of the Democratic Socialist Republic of Sri Lanka159such communication, submit it to the Speaker. Where a Member ceases to be a member of therecognized political party to which he belongedby reason of being expelled from such party, heshall be entitled to apply, within one month ofthe date of such expulsion by petition in writing,to the Supreme Court for a determination thatsuch expulsion was invalid. In the event of anysuch application being made, the Registrar ofthe Supreme Court shall forthwith inform theSecretary-General of Parliament in writing, ofsuch application, every such application shallbe heard and determined by not less than threeJudges of the Supreme Court who shall, withintwo months of the making of such application,determine whether such expulsion was valid or not. The Speaker shall, on receiving in theaforesaid manner, a communication allegingthat a Member has ceased to be a member ofthe recognized political party to which suchMember belonged, appoint a Select Committeeconsisting of not less than fie Members ofParliament (one of whom shall be nominated asChairman thereof) to inquire into, and report toParliament on, the circumstances in which suchMember is alleged to have resigned from, or tohave been expelled from, or to have otherwiseceased to be a member of, such party, and thereasons therefor : Provided, however, that where suchcommunication alleges that a Member hasceased to be a member of the recognized politicalparty to which he belonged by reason of hisbeing expelled therefrom, no Select Committeeshall be appointed as aforesaid until after theexpiration of a period of one month from thedate of such alleged expulsion, and in any casewhere such Member has applied to the SupremeCourt for a determination that such expulsionwas invalid, unless and until the Supreme Courthas determined that such expulsion was valid.The Constitution of the Democratic Socialist Republic of Sri Lanka160 The provisions of the Parliament (Powers andPrivileges) Act shall, mutatis mutandis, applyin relation to proceedings before, and to theprivileges, immunities and powers of, a SelectCommittee appointed as aforesaid and everysuch Select Committee shall be deemed, forthe purposes of that Act, to be duly authorizedby an order of Parliament to send for persons,papers and records. After consideration of the report made bya Select Committee appointed as aforesaid,Parliament may, by resolution passed by notless than eighty-fie Members voting in itsfavour, resolve that the Member to whom suchreport relates, shall cease to be a Member ofParliament. The Speaker shall endorse onevery resolution so passed, a certifiate in thefollowing form :– “This resolution has been passed by themajority required by Article 161(d) (ii) of theConstitution”. The seat of such Member shall, with effect fromthe date of such certifiate, become vacant. Every such certifiate shall be conclusive forall purposes and shall not be questioned in anycourt, and no court or tribunal shall inquireinto, pronounce upon or in any manner call inquestion, the validity of the resolution on whichsuch certifiate is endorsed on any groundwhatsoever.](iii) Where a vacancy as is referred to in subparagraph (i) or (ii) has occurred, the SecretaryGeneral of Parliament shall forthwith informthe Commissioner of Elections of such vacancy.The Commissioner of Elections shall thereuponrequire the Secretary of the political party towhich such Member belonged to nominate amember of such party 130[to fil such vacancy.A nomination made by the Secretary of such130 -Substituted by the Sixth Amendment to the Constitution Sec4(1) for “to fil such vacancy. Upon receipt ofsuch nomination, the Commissioner”.The Constitution of the Democratic Socialist Republic of Sri Lanka161political party under this sub-paragraph shall beaccompanied by an oath or affimation, as thecase may be, in the form set out in the SeventhSchedule, taken and subscribed or made andsubscribed, as the case may be, by the personnominated to fil such vacancy. Upon the receiptof such nomination, accompanied by such oathor affimation the Commissioner] shall declaresuch person to be the Member for the electoraldistrict in respect of which the vacancy occurred: 131[Provided that where the Secretary of suchpolitical party fails to nominate a member ofsuch political party to fil such vacancy underthe preceding provisions of this sub-paragraph132[within thirty days of his being required todo so and in the aforesaid manner] or where theSecretary of a political party had been required,before the coming into force of this proviso,to nominate a member of such political partyto fil any such vacancy under such provisionsand such Secretary fails, within thirty daysof the coming into force of this proviso, tonominate a member of such political party tofil such 133[vacancy, or where such politicalparty is deemed to be prescribed under Article157(a), then, the Commissioner of Election]shall forthwith so inform the President, whoshall, within thirty days of the receipt by himof such information, by Notice published in theGazette order the Commissioner of Electionsto hold an election for the electoral district inrespect of which such vacancy has occurred.The Commissioner of Elections shall thereuponhold an election, in accordance with Part I andParts IV to VI (both inclusive) of the Ceylon(Parliamentary Elections) Order in Council,1946, for such electoral district as existedimmediately preceding the Constitution and on131- Added by the Fifth Amendment to the Constitution Sec. 2(b).132- Substituted by the Sixth Amendment to the Constitution, Sec. 4(2)(a), for“within thirty days of his beingrequired to do so.”133- Substituted by the Sixth Amendment to the Constitution Sec. 4(2)(b), for “vacancy, then the Commissionerof Elections.”The Constitution of the Democratic Socialist Republic of Sri Lanka162the basis of such part of the register, preparedunder the Registration of Electors Act, No. 44of 1980, and in operation, as corresponds tosuch electoral district. The aforesaid parts ofthe Ceylon (Parliamentary Elections) Order inCouncil, 1946, shall, for the purposes of suchelection and notwithstanding the repeal of suchOrder in Council, be deemed to be in force andshall, mutatis mutandis and except as otherwiseexpressly provided in the Constitution, apply tosuch election. The law applicable to election petitions inrelation to such electoral district shall be theaforesaid parts of such Order in Council asapplied aforesaid and in the event of suchelection being declared void and no otherperson is determined to have been duly returnedor elected, the election to fil such vacancy shallbe held in accordance with the provisions ofthis proviso.]134[(iv) where a Member nominated or elected tofil any such vacancy as is referred to in subparagraph (i) or sub-paragraph (ii), being aMember who has taken and subscribed or madeand subscribed an oath or affimation in theform set out in the Seventh Schedule, directlyor indirectly, in or outside Sri Lanka, supports,espouses, promotes, fiances, encourages oradvocates the establishment of a separate Statewithin the territory of Sri Lanka, any personmay make an application to the Court of Appealfor a declaration that such member has directlyor indirectly, in or outside Sri Lanka, supported,espoused, promoted, fianced, encouraged oradvocated the establishment of a separate Statewithin the territory of Sri Lanka. If the Court of Appeal makes, on such application,a declaration that such Member has directly orindirectly, in or outside Sri Lanka, supported,espoused, promoted, fianced, encouraged or134- Added by the Sixth Amendment to the Constitution Sec. 4(3).The Constitution of the Democratic Socialist Republic of Sri Lanka163advocated the establishment of a separate Statewithin the territory of Sri Lanka, the seat ofsuch Member shall be deemed to be vacant witheffect from the date of such declaration andsuch Member shall be disqualifid from sittingand voting in Parliament and from being electedor nominated to Parliament for a period ofseven years from the date of such declaration.The vacancy occurring in the membership ofParliament by reason of such declaration shall befiled in the manner provided in paragraph (iii). The jurisdiction of the Court of Appeal inrespect of its powers under this sub-paragraphshall be exercised in the manner provided insub-paragraph (iv) of the proviso to paragraph(2) of Article 146.]135[(e) unless sooner dissolved, the First Parliamentshall continue until August 4, 1989 and nolonger and shall thereupon stand dissolved, andthe provisions of Article 70(5)(b) shall, mutatismutandis, apply.]162. (1) The provisions of Article 98, other than paragraphs(8) and (9) thereof, and Article 99 shall not come into operationuntil the General Election held upon the dissolution of the firstParliament.(2) If at the time of such dissolution the notification ofelectoral districts has not been proclaimed as required by Article97, the electoral districts for the first General Election to be heldupon the dissolution of the first Parliament, and the number ofMembers which each such district shall be entitled to return byvirtue of the provisions of paragraph (4) of Article 96, shall beas set out in the Sixth Schedule and accordingly, registers ofelectors shall be prepared and certified for each such electoraldistrict, and unless Parliament otherwise provides, such registersshall be prepared on the basis of the register of electors in forceimmediately before the commencement of the Constitution.163. All Judges of the Supreme Court and the HighCourts established by the Administration of Justice Law, No.44 of 1973, holding office on the day immediately before the135 – Original para (e) repealed and substituted by the Fourth Amendment to the Constitution Sec. 2.Application ofcertain provisionsJudges of SupremeCourt and HighCourt to cease tohold officeThe Constitution of the Democratic Socialist Republic of Sri Lanka164commencement of the Constitution shall, on the commencementof the Constitution, cease to hold office.164. Subject to the provisions of Article 163 every personwho immediately before the commencement of the Constitution -(a) held offie in any court or tribunal deemed, by virtueof the provisions of paragraph (2) of Article 105,to be a court or tribunal created and established byParliament,(b) was in the service of the Republic, any local authorityor any Public Corporation,(c) held offie in any local authority or PublicCorporation, or(d) held any appointment under any existing written law,shall continue in such service or hold such office orappointment under the same terms and conditions.165. (1) Every public officer, judicial officer and everyother person as is required by the Constitution to take an oathor make an affirmation on entering upon the duties of his office,every holder of an office required under the existing law totake an official oath and every person in the service of everylocal authority and of every Public Corporation shall take andsubscribe the oath or make and subscribe the affirmation setout in the Fourth Schedule. Any such public officer, judicialofficer, person or holder of an office failing to take and subscribesuch oath or make and subscribe such affirmation after thecommencement of the Constitution on or before such date asmay be prescribed by the Prime Minister by Order published inthe Gazette shall cease to be in service or hold office.(2) The Minister in charge of the subject of PublicAdministration may, in his sole discretion, permit any publicofficer, judicial officer, person or holder of an office referredto in paragraph (1) of this Article, to take the to oath or makethe affirmation referred to in that paragraph after the prescribeddate if he is satisfied that the failure to take the oath or makethe affirmation within the time prescribed was occasioned byillness or some other unavoidable cause. On his taking such oathor making such affirmation, he shall continue in service or holdoffice as if he had taken such oath or made such affirmationwithin the time prescribed under paragraph (1) of this Article.Oath or affirmationto be taken or madeby public officersand othersContinuation inoffice of Judges,public officers andothersThe Constitution of the Democratic Socialist Republic of Sri Lanka165(3) The President may by Proclamation –(a) exclude the application of the provisions of paragraph(1) of this Article to any category of public offiers,(b) prescribe the persons or categories of persons whomay administer such oath or affimation in additionto the persons who are empowered under the existinglaw to administer oaths or affimations.166. Unless Parliament otherwise provides, the Republicof Sri Lanka shall continue to possess and exercise all powers,privileges, immunities and rights whatsoever possessed,exercised or exercisable immediately prior to the commencementof the Constitution.167. All rights and all duties or obligations, however arising,of the Government of Sri Lanka and subsisting immediatelyprior to the commencement of the Constitution shall be rights,duties and obligations of the Government of the Republic of SriLanka under the Constitution.168. (1) Unless Parliament otherwise provides, all laws,written laws and unwritten laws, in force immediately beforethe commencement of the Constitution, shall, mutatis mutandisand except as otherwise expressly provided in the Constitution,continue in force.(2) Save as otherwise provided in the Constitution, existinglaws, written laws and unwritten laws are not and shall not inany manner be deemed to be provisions of the Constitution.(3) Wherever the Constitution provides that any law, writtenlaw or unwritten law or any provision of the Constitution shallcontinue in force until or unless Parliament otherwise provides,any law enacted by Parliament so providing may be passed by amajority of the Member present and voting.(4) Whenever the Constitution provides that any provisionof any existing written law shall continue in force until orunless Parliament otherwise provides and the existing writtenlaw referred to consists of subordinate legislation, the provisionthat such existing written law shall continue in force until orunless Parliament otherwise provides shall not in any mannerbe deemed to derogate from the power of the person or bodyon whom the power to make and when made, to amend, vary,rescind or revoke such subordinate legislation is conferred,Powers, privileges,immunities andrights of theRepublicRights, duties andobligations of theRepublicPast operationof laws, previousActs, offences andpending actions &c.The Constitution of the Democratic Socialist Republic of Sri Lanka166to exercise the power so conferred until or unless Parliamentotherwise provides.(5) Unless the Constitution otherwise provides, the pastoperation of any law in force prior to the commencement of theConstitution or anything duly done or suffered or any offencecommitted or any right, liberty, obligation or penalty acquiredor incurred under any law in force prior to the commencementof the Constitution shall not in any manner be affected or bedeemed to be affected by the Constitution coming into force.(6) All actions, prosecutions, proceedings, matters or things,including proceedings of Commissions appointed or establishedby or under any existing written law, pending or uncompletedon the commencement of the Constitution shall, subject to theprovisions of the Constitution and mutatis mutandis, be deemedto continue and may be carried on and completed after thecommencement of the Constitution.169. Unless Parliament otherwise provides –(1) any provisions of the Administration of Justice Law,No. 44 of 1973, which are inconsistent with theprovisions of the Constitution, shall, to the extent ofsuch inconsistency, be deemed to be repealed ;(2) the Supreme Court established by the Administrationof Justice Law, No. 44 of 1973, shall, on thecommencement of the Constitution, cease to existand accordingly the provisions of that Law relatingto the establishment of the said Supreme Court, shallbe deemed to have been repealed. Unless otherwiseprovided in the Constitution, every reference in anyexisting written law to the Supreme Court shall bedeemed to be a reference to the Court of Appeal ;(3) all appellate proceedings including proceedingsby way of revision, case stated and restitutio inintegrum pending in the Supreme Court establishedunder the Administration of Justice Law, No. 44of 1973, on the day preceding the commencementof the Constitution, shall stand removed to theCourt of Appeal and the Court of Appeal shall havejurisdiction to take cognizance of and to hear anddetermine the same; and the judgements and ordersof the Supreme Court aforesaid delivered or madeProvisions relatingto judiciaryThe Constitution of the Democratic Socialist Republic of Sri Lanka167before the commencement of the Constitution inappellate proceedings shall have the same force andeffect as if they had been delivered or made by theCourt of Appeal;(4) all original proceedings by way of applications forthe issue of high prerogative Writs and applicationsfor any other relief pending in the Supreme Court aswell as all applications for injunctions pending in theHigh Court established under the Administration ofJustice Law, No. 44 of 1973, on the date immediatelypreceding the commencement of the Constitutionshall stand removed to the Court of Appeal and suchCourt shall have jurisdiction to take cognizance ofhear and determine or to continue and complete thesame and the judgments and orders of the SupremeCourt established under the Administration of JusticeLaw, No. 44 of 1973, delivered or made before thecommencement of the Constitution in originalproceedings shall have the same force and effect asif they had been delivered or made by the Court ofAppeal: Provided that any proceedings in relation to anyalleged breach of privileges of Parliament pendingin the Supreme Court shall stand removed to theSupreme Court created and established by theConstitution;(5) no appeal shall lie from any judgement, order ordecree of the Supreme Court established under theAdministration of Justice Law, No. 44 of 1973, tothe Supreme Court created and established under theConstitution but such judgement, order or decree, asthe case may be, shall be fial as between the partiesto the action, application or other proceeding inwhich such judgement, order or decree was made: Provided that it shall be competent for the Court ofAppeal and all offiers of such Court to take all suchsteps as may be necessary, including the enteringof decrees if not already entered and taxation andrecovery of costs so as to ensure that such judgements,orders and decrees are completely and effectivelyThe Constitution of the Democratic Socialist Republic of Sri Lanka168complied with, as if they had been delivered or madeby the Court of Appeal created and established by theConstitution;(6) the several High Courts established under Chapter Iof the Administration of Justice Law, No. 44 of 1973,shall be deemed for all purposes to constitute a singlecourt created and established by Parliament calledthe High Court of the Republic of Sri Lanka havingjurisdiction throughout the Repubilc of Sri Lankato be exercised in the several Zones in accordancewith the law for the time being in force. Accordingly,subject to the provisions of the Constitution, and ofany existing written law, all provisions relating toHigh Courts contained in such Law shall, mutatismutandis, apply to the High Court of the Republic ofSri Lanka ;(7) all criminal and admiralty cases, proceedings ormatters, other than applications for injunctions,pending in the High Courts established under theAdministration of Justice Law, No. 44 of 1973,on the day preceding the commencement of theConstitution shall stand removed to the said HighCourt of the Repubilc of Sri Lanka and such Courtshall have jurisdiction to take cognizance of, hearand determine or to continue and complete the sameand the judgments and orders of the aforesaid HighCourts delivered or made before the commencementof the Constitution shall have the same force andeffect as if they had been delivered or made by theHigh Court of the Republic of Sri Lanka ;(8) the President of the Court of Appeal shall fromtime to time as he may deem expedient nominatethe Judges of the High Court of the Republic of SriLanka to exercise the jurisdiction of the High Courtin such zones as he may determine and the provisionsof Chapter II of the Administration of Justice Law,No. 44 of 1973, shall mutatis mutandis, apply to thehearing and disposal of all proceedings pending in orhereafter instituted in the High Court ;(9) all indictments fied hereafter in the High Court ofthe Republic of Sri Lanka shall be in the name ofthe Republic of Sri Lanka and shall be signed by theThe Constitution of the Democratic Socialist Republic of Sri Lanka169Attorney-General or any person authorized undersection 189 of the Administration of Justice Law, No.44 of 1973; (10) all election petition proceedings relating to the electionof any person to the membership of the National StateAssembly pending in the High Courts establishedunder the Administration of Justice Law, No. 44 of1973, on the day preceding the commencement ofthe Constitution shall stand removed to the Courtof Appeal and the Court of Appeal shall have thesame jurisdiction to take cognizance of, hear anddetermine or to continue and complete the same andthe judgements and orders of the Supreme Courtestablished by the Administration of Justice Law,No. 44 of 1973 and of the High Courts aforesaiddelivered or made before the commencement of theConstitution in such election petition proceedingsshall have the same force and effect as if they hadbeen delivered or made by the Supreme Court andthe Court of Appeal established by the Constitution,as the case may be. The President of the Court ofAppeal is hereby vested with the power to nominatea Judge of the Court of Appeal to hear and determineany election petition in respect of which the Court ofAppeal is vested with jurisdiction by the Constitution;(11) all attorneys-at-law admitted and enrolled or deemedto have been admitted and enrolled as attorneysat-law under the provisions of the Administrationof Justice Law, No. 44 of 1973, shall subject to theprovisions of the Constitution be deemed to havebeen admitted and enrolled as attorneys-at-law ofthe Supreme Court created and established by theConstitution;(12) after the date fied by the Minister in charge of thesubject of Justice, by Order published in the Gazette,no attorney-at-law shall be entitled to represent anyparty to a proceeding or be given the right of audiencein any court, tribunal or other institution until orunless he has taken and subscribed the oath or madeand subscribed the affimation set out in the FourthSchedule before a Judge of the Supreme Court, CourtThe Constitution of the Democratic Socialist Republic of Sri Lanka170of Appeal, High Court or any other judicial offieras defied in Article 114; and it shall be the duty ofany such Judge or judicial offier, as the case maybe, to forward such oath or affimation so taken andsubscribed or made and subscribed to the Registrarof the Supreme Court who shall cause the same to beentered in the rolls of such Court. Such entry shallbe the only proof that such attorney-at-law has takenand subscribed or made and subscribed such oath oraffimation;(13) the provisions of the Administration of Justice Law,No. 44 of 1973, relating to the Attorney-General, thelegal profession, State Attorneys and State Counsel,shall be deemed for all purposes to be in operation,and every reference to the Supreme Court in sections33 to 36 of the Administration of Justice Law, No.44 of 1973, and in the rules and regulations relatingthereto shall be deemed to be a reference to theSupreme Court established by the Constitution;(14) if any matter or question shall arise with regard toany procedure or practice to be followed in any courtin consequence of the coming into operation of theConstitution, not provided for in the Constitutionor any written law, the Chief Justice shall have thepower to give such directions as he may considernecessary to prevent injustice or as the justice of thecase may require and to ensure that the provisions ofChapters XV and XVI of the Constitution are givenfull and complete effect;(15) (i) any reference in section 2 of the SpecialPresidential Commissions of Inquiry Law,No. 07 of 1978, to the Supreme Court shall bedeemed to be a reference to the Supreme Courtestablished by the Constitution;(ii) where any person has been appointed as amember of a Special Presidential Commissionof Inquiry established under the SpecialPresidential Commission of Inquiry Law, No. 07of 1978, then, such person shall notwithstandingThe Constitution of the Democratic Socialist Republic of Sri Lanka171the provisions of the Constitution, continue tobe such member and shall be deemed for thepurposes of Article 81(1) to be a Judge of a Courtreferred to therein unless he resigns, or refusesor becomes unable to act, or is discharged by thePresident from the performance of his duties assuch member in accordance with the provisionsof the Special Presidential Commissions ofInquiry Law, No. 07 of 1978;(iii) any such member specifid in the Warrantestablishing such Special PresidentialCommission of Inquiry as Chairman, shall,subject to the provisions of sub-paragraph (ii)of this paragraph, continue to be the Chairmanof such Special Presidential Commission ofInquiry;(16) (i) any breach of the privileges of the NationalState Assembly functioning immediately priorto the commencement of the Constitution, shallbe deemed to be a breach of the privileges ofParliament and accordingly, Parliament and theSupreme Court, shall have the power to takecognizance of and punish any person for suchbreach of privileges of Parliament;(ii) where prior to the commencement of theConstitution, any step required or authorized bythe Parliament (Powers and Privileges) Act hasbeen taken in respect of, or in relation to, any actor omission alleged to constitute such a breachof the privileges of Parliament as is referredto in sub-paragraph (i) of this paragraph, suchstep shall be deemed to have been validlytaken and any further steps as are required orauthorized under such Act, may be taken, inrespect of or, in relation to, such alleged breachof the privileges of Parliament, as if the act oromission alleged to constitute such breach ofprivileges of Parliament had been committedor had occurred after the commencement of theConstitution.The Constitution of the Democratic Socialist Republic of Sri Lanka172136[169A. (1) Every –(a) Queen’s Counsel appointed prior to the coming intoforce of the Constitution ; and(b) Senior attorney-at-law appointed by the Presidentafter 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 shallcontinue to enjoy all such privileges as were hitherto enjoyed bya Queen’s Counsel.(2) Every rule made under Article 136 relating to theappointment of Senior attorneys-at-law shall, from the date onwhich this Article comes into force, be deemed to be rescinded.(3) Every reference in any written law to “Senior attorney-atlaw” shall, from the date on which this Article comes into force,be deemed to include a reference to “President’s Counsel.”]136- Inserted by the Eighth Amendment to the Constitution Sec. 4.Provision relatingto Queen’s Counseland SeniorAttorneys-at-LawThe Constitution of the Democratic Socialist Republic of Sri Lanka173CHAPTER XXIIINTERPRETATION170. In the Constitution –“civic disability” shall have the same meaning as in theSpecial Presidential Commissions of Inquiry Law,No. 7 of 1978, as on the commencement of theConstitution;“commencement of the Constitution” means the dateappointed by the Proclamation made under Article172;“conclusion of the General Election” means the time atwhich Members of Parliament for all the electoraldistricts in respect of which a poll has been takenon the date or dates specifid in the Proclamationmade under Article 70(5) have been declared electedby the respective returning offiers, or when on theresults declared more than half the total membershipof Parliament consists of Members belonging toany single recognized political party or independentgroup, whichever event occurs earlier;“existing law” and “existing written law” mean any lawand written law, respectively, in force immediatelybefore the commencement of the Constitution whichunder the Constitution continue in force;“judicial offier”, 137[other than in Article 111M], meansany person who holds offie as –(a) a Judge of the Supreme Court or a Judge of theCourt of Appeal;(b) any Judge of the High Court or any Judge,presiding offier or member of any other Courtof First Instance, tribunal or institution createdand established for the administration of Justiceor for the adjudication of any labour or otherdispute but does not include a person whoperforms arbitral functions or a public offierwhose principal duty or duties is or are not theperformance of functions of a judicial nature.137 -Substituted by the Seventeenth Amendment to the Constitution Sec. 22(1) for “Other than in Article 114”.InterpretationThe Constitution of the Democratic Socialist Republic of Sri Lanka174 No court or tribunal or institution shall havejurisdiction to determine the question whethera person is a judicial offier within the meaningof the Constitution but such question shall bedetermined by the Judicial Service Commissionwhose decision thereon shall be fial andconclusive. No act of such person or proceeding held beforesuch person, prior to such determination, shallbe, deemed to be invalid by reason of suchdetermination;“law” means any Act of Parliament and any law enacted byany legislature at any time prior to the commencementof the Constitution and includes an Order in Council;“local authority” means any Municipal Council, UrbanCouncil, Town Council or Village Council andincludes any Authority created and established byor under any law to exercise, perform and dischargepowers, duties and functions corresponding to orsimilar to the powers, duties and functions exercised,performed and discharged by any such Council ;“public corporation” means any corporation, board or otherbody which was or is established by or under anywritten law other than the Companies Ordinance,with funds or capital wholly or partly provided bythe Government by way of grant, loan or otherwise;138[ “public offier” means a person who holds any paidoffie under the Republic other than a judicial offier,but does not include –(a) the President;(b) the Prime Minister;(c) the Speaker;(d) a Minister;(e) a Deputy Minister;(f) a Member of Parliament;(g) a member of the Constitutional Council;138 -Substituted by the Nineteenth Amendment to the Constitution Sec. 47The Constitution of the Democratic Socialist Republic of Sri Lanka175(h) a member of the Judicial Service Commission;(i) a member of the Public Service Commission;(j) a member of the Election Commission;(k) a member of the National Police Commission;(l) a member of the Audit Service Commission;(m) a member of the Human Rights Commission ofSri Lanka;(n) a member of the Commission to InvestigateAllegations of Bribery or Corruption;(o) a member of the Finance Commission;(p) a member of the Delimitation Commission;(q) a member of the National ProcurementCommission;(r) the Secretary-General of Parliament;(s) a member of the staff of the Secretary-Generalof Parliament;(t) a member of the University Grants Commission;(u) a member of the Offiial LanguagesCommission; and(v) the Auditor-General. ]“recognized political party” means unless Parliamentotherwise provides, every political party whichis treated as a recognized political party under theCeylon (Parliamentary Elections) Order in Council,1946 ;“territorial waters” includes the territorial sea and thehistoric waters of Sri Lanka ;“written law” means any law and subordinate legislation139[and includes statutes made by a ProvincialCouncil, Orders], Proclamations, Rules, By-laws andRegulations made or issued by any body or personhaving power or authority under any law to make orissue the same.139 -Substituted by the Thirteenth Amendment to the Constitution Sec. 6 for the words “and includes orders.”The Constitution of the Democratic Socialist Republic of Sri Lanka176CHAPTER XXIIIREPEAL171. The Constitution adopted and enacted on the 22nd dayof May, 1972, is hereby repealed.The Constitution of the Democratic Socialist Republic of Sri Lanka177CHAPTER XXIVPROMULGATION OF THE CONSTITUTION172. (1) The provisions of Chapter I to Chapter XXIIIshall come into force on the day appointed by the President byProclamation.(2) Parliament shall meet on the day so appointed and thePresident may, in such Proclamation, specify the time at whichParliament shall so meet.Devo vassatukalenasassasampattihetu caphito bhavatu loko caraja bhavatu dhammikoSIDDHIRASTUPromulgation of theConstitutionThe Constitution of the Democratic Socialist Republic of Sri Lanka178* Other Consequential Amendments in the NineteenthAmendment to the Constitution.49. (1) For the avoidance of doubt it is hereby declared that,-(a) the Seventh Parliament in existence on the daypreceding the date on which this Act comes intooperation, shall, unless dissolved earlier, continueto function until April 21, 2016 and shall thereafterstand dissolved;(b) the persons holding offie respectively, as thePresident and Prime Minister on the day precedingApril 22, 2015 shall continue to hold such offieafter such date, subject to the provisions of theConstitution as amended by this Act; and(c) every person holding offie on the day preceding thedate on which this Act comes into operation, as,–(i) the Chief Justice;(ii) Judges of the Supreme Court;(iii) the members of the Judicial ServiceCommission;(iv) the President of the Court of Appeal;(v) Judges of the Court of Appeal;(vi) the Attorney-General;(vii) the Auditor-General;(viii) the Inspector-General of Police;(ix) the Parliamentary Commissioner forAdministration (Ombudsman);(x) the Secretary-General of Parliament;(xi) a judge of the High Court; or(xii) a judicial offier, a scheduled public offier,public offier or a police offier, shall continue to hold such offie and shall, subjectto paragraph (3) of Article 41C, continue to exercise,perform and discharge the powers, duties and* – The section numbers indicated in this section are as per the numbers assigned to the Nineteenth Amendmentto the ConstitutionTransitionalProvisionsThe Constitution of the Democratic Socialist Republic of Sri Lanka179functions of that offie, under the same terms andconditions.(2) Every person holding office on the day preceding thedate on which this Act comes into operation, as the Chairman ora member of the,–(a) Parliamentary Council;(b) Public Service Commission;(c) National Police Commission;(d) Human Rights Commission of Sri Lanka;(e) Commission to Investigate Allegations of Bribery orCorruption; or(f) Finance Commission,shall cease to hold such office with effect from the date onwhich this Act comes into operation:Provided that a person holding office on the day precedingthe date on which this Act comes into operation as a Chairmanor a member of any such Commission referred to above maycontinue to exercise and discharge powers and functions oftheir respective offices until such date on which the respectiveCommissions are constituted in accordance with Chapter VIIAof the Constitution.(3) (a) The person holding office as the Commissionerof Elections on the day preceding the date on which this Actcomes into operation, shall continue to exercise and dischargethe powers and functions of the office of the Commissioner ofElections as were vested in him on such date and of the ElectionCommission, until an Election Commission is constituted interms of Article 103, and shall from and after the date on whichthe Election Commission is so constituted, cease to hold officeas the Commissioner of Elections.(b) All suits, actions and other legal proceedings institutedby or against the Commissioner of Elections and pending on theday preceding the date on which the Election Commission isconstituted under Article 103, shall be deemed with effect fromthe date on which the Election Commission is constituted, to besuits, actions and other legal proceedings instituted by or againstthe Election Commission, and shall be continued and completedin the name of the Election Commission.The Constitution of the Democratic Socialist Republic of Sri Lanka180(c) Any decision or order made or any ruling given by theCommissioner of Elections under any written law prior to thedate on which the Election Commission is constituted underArticle 103, shall be deemed, with effect from the date on whichthe Election Commission is constituted, to be a decision or ordermade or a ruling given, by the Election Commission, and may beenforcement accordingly.(d) Upon the constitution of the Election Commission underArticle 103, unless the context otherwise requires, there shall besubstituted for the expressions “Commissioner of Elections” and“Department of the Commissioner Elections” wherever thoseexpressions occur in the Constitution and in any written law orin any contract, agreement or other document, of the expression“Election Commission”.(4) All matters relating to,–(a) the appointment, promotion, transfer, disciplinarycontrol and dismissal of police offiers; and(b) appeals by police offiers to the Public ServiceCommission,pending before the Public Service Commission on the daypreceding the date of on which this Act comes into operationshall, with effect from that date, stand transferred to the NationalPolice Commission established by Article 155A and shall bedetermined by the National Police Commission accordingly.(5) All matters relating to the appointment, promotion,transfer, disciplinary control and dismissal of members of theSri Lanka State Audit Service and pending before the PublicService Commission on the day preceding the date of on whichthis Act comes into operation shall, with effect from that date,stand transferred to the Audit Service Commission establishedby Article 153A and shall be determined by the Audit ServiceCommission accordingly.50. During the period commencing on the date on which thisAct comes into operation (other than the provisions of section9, in so far as it relates to paragraph (1) of Article 46 and theprovisions of sections 15, 28, 29, 30 and 31) and ending on thedate on which the next General Election of the Members ofParliament is concluded,:-Special provisionsrelating to theperiod commencingon the date of whichcertain Articlescomes into forceThe Constitution of the Democratic Socialist Republic of Sri Lanka181(a) the President may, with the concurrence of the PrimeMinister, assign to himself any subject or functionand may, with like concurrence, determine theMinistries to be in his charge.(b) the Cabinet of Ministers functioning immediatelyprior to the dissolution of the Seventh Parliamentshall, notwithstanding such dissolution, continueto function and shall cease to function upon theconclusion of the General Election and accordingly,the Prime Minister, Ministers of the Cabinet ofMinisters, Ministers who are not members of theCabinet of Ministers and Deputy Ministers shallcontinue to function until the conclusion of theGeneral Election unless they cease to hold offie asprovided in sub-paragraph (a) of paragraph (2) ofArticle 46 or sub-paragraph (a) or (b) of paragraph(3) of Article 46.51. Notwithstanding anything to the contrary in theConstitution, the person holding office as President on the dateof commencement of this Act, so long as he holds the Officeof President may assign to himself the subjects and functionsof Defence, Mahaweli Development and Environment anddetermine the Ministries to be in his charge for that purpose andaccordingly, any reference in any written law to the Minister towhom such subject or function is assigned, shall be read andconstrued as a reference to the President.President in officeto be in charge ofcertain subjects andfunctionsThe Constitution of the Democratic Socialist Republic of Sri Lanka182FIRST SCHEDULEARTICLE 5Names of Administrative Districts1 Colombo2 Gampaha3 Kalutara4 Kandy5 Matale6 Nuwara Eliya7 Galle8 Matara9 Hambantota10 Jaffna140[11 Kilinochchi]12 Mannar13 Vavuniya14 Mullaitivu15 Batticaloa16 Ampara17 Trincomalee18 Kurunegala19 Puttalam20 Anuradhapura21 Polonnaruwa22 Badulla23 Moneragala24 Ratnapura25 Kegalle140- Inserted by the Seventh Amendment to the Constitution Sec.5The Constitution of the Democratic Socialist Republic of Sri Lanka183SECOND SCHEDULEARTICLE 6THE NATIONAL FLAGThe Constitution of the Democratic Socialist Republic of Sri Lanka184The Constitution of the Democratic Socialist Republic of Sri Lanka185THIRD SCHEDULEARTICLE 7Words and Music of the National AnthemThe Constitution of the Democratic Socialist Republic of Sri Lanka186The Constitution of the Democratic Socialist Republic of Sri Lanka187The Constitution of the Democratic Socialist Republic of Sri Lanka188The Constitution of the Democratic Socialist Republic of Sri Lanka189FOURTH SCHEDULEARTICLE 32, 53, 61, 107, 165″I……………………………………………………………… dosolemnly declare and affirm–––––––––––––––––––––––– that I will faithfully perform the dutiesswearthe duties and discharge the functions of the office of………………………………………………… in accordance with theConstitution of the Democratic Socialist Republic of Sri Lanka and thelaw, and that I will be faithful to the Republic of Sri Lanka and that Iwill to the best of my ability uphold and defend the Constitution of theDemocratic Socialist Republic of Sri Lanka.”The Constitution of the Democratic Socialist Republic of Sri Lanka190FIFTH SCHEDULEARTICLE 114 (6)Clerks141[Deputy Fiscals]InterpretersStenographersTypistsBinders141- Substituted by the Eleventh Amendment to the Constitution Sec. 7 for “Fiscals.”The Constitution of the Democratic Socialist Republic of Sri Lanka191SIXTH SCHEDULEARTICLE 162(2)Colombo City and Dehiwela-Mount Lavinia-(Municipal Limits) …………………… 1 MemberColombo District (excluding Colombo City and Dehiwela-Mount Lavinia) ……. 2 MembersKalutara District ………………………………………………………………………………………. 1 MemberKandy District……… ………………………………………………………………………………. 2 MembersMatale District……… ………………………………………………………………………………. 1 MemberNuwara-Eliya District……… ……………………………………………………………………. 1 MemberGalle District …………………………………………………………………………………………… 2 MembersMatara District…………………………………………………………………………………………. 1 MemberHambantota District……… ………………………………………………………………………. 1 MemberJaffna District ………………………………………………………………………………………….. 3 MembersMannar and Vavuniya Districts ………………………………………………………………….. 1 MemberBatticaloa District…………………………………………………………………………………….. 1 MemberTrincomalee District…………………………………………………………………………………. 1 MemberAmpara District……………………………………………………………………………………….. 2 MembersKurunegala District ………………………………………………………………………………….. 3 MembersPuttalam District………………………………………………………………………………………. 1 MemberAnuradhapura District………………………………………………………………………………. 3 MembersPolonnaruwa District………………………………………………………………………………… 1 MemberBadulla District ……………………………………………………………………………………….. 3 MembersMoneragala District………………………………………………………………………………….. 1 MemberKegalle District ……………………………………………………………………………………….. 2 MembersRatnapura District ……………………………………………………………………………………. 2 Members“District” means the Administrative District established under the AdministrativeDistricts Act (Chapter 392) having the limits specifid thereunder as on July 21,1977.The Constitution of the Democratic Socialist Republic of Sri Lanka192142SEVENTH SCHEDULEARTICLE 157A AND ARTICLE 161(d) (iii) do solemnly declare and affirm”I,………………………………………………––––––––––––––––––––––––––– swearthat I will uphold and defend the Constitution of the Democratic SocialistRepublic of Sri Lanka and that I will not, directly or indirectly, in or outsideSri Lanka, support, espouse,promote, finance, encourage or advocate theestablishment of a separate State within the territory of Sri Lanka.”142 -Inserted by the Sixth Amendment to the Constitution Sec.5The Constitution of the Democratic Socialist Republic of Sri Lanka193143 [ EIGHTH SCHEDULEProvincesWesternNorth-WesternUvaSabaragamuwaCentralEasternSouthernNorth-CentralNorthern ]143 -Inserted by the Thirteenth Amendment to the Constitution Sec.7[ Article 154A ]The Constitution of the Democratic Socialist Republic of Sri Lanka194144 [ NINTH SCHEDULELIST 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 NationalDefence, National Security and the use of any armed forces or any other forces underthe control of the Government of Sri Lanka in aid of the civil power and not includingthe city of Colombo, Sri Jayewardenepura, Kotte, and their environs the limits ofwhich 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 inAppendix III.4. Local Government –4:1 Local authorities for the purpose of Local Government and villageadministration, such as Municipal Councils, Urban Councils andPradeshiya Sabhas, except that, the constitution, form and structureof local authorities shall be determined by law ;4:2 Supervision of the administration of Local Authorities established bylaw, including the power of dissolution (subject to such quasi-judicialinquiries into the grounds for dissolution and legal remedies in respectthereof, as may be provided by law and subject to provisions relatingto audit as may be provided by law) ;4:3 Local Authorities will have the powers vested in them under existinglaw. Municipal Councils and Urban Councils will have the powersvested in them under the Municipal Councils Ordinance and theUrban Councils Ordinance, Pradeshiya Sabha will have the powersvested in them under existing law. It will be open to a ProvincialCouncil to confer additional powers on local authorities but not totake away their powers ;4:4 Gramodaya Mandalayas will have the powers vested in GramodayaMandalayas under existing law. It will be open to a Provincial Councilto confer additional powers on Gramodaya Mandalayas.5. Provincial Housing and Construction –5:1 Implementing, co-ordinating, supervising and monitoring provincialhousing development programmes and projects (other than NationalHousing Development Authority projects) including aided selfhelp housing projects, housing loans and the provision of buildingmaterials ;144 -Inserted by the Thirteenth Amendment to the Constitution Sec.7The Constitution of the Democratic Socialist Republic of Sri Lanka1955:2 The implementation of the Protection of Tenants Act and the Rent Actwithin 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 sociallyhandicapped persons ;7:4 Relief of the disabled and unemployable.8. Regulation of road passenger carriage services and the carriage of goodsby motor vehicles within the Province and the provisions of inter-provincial roadtransport services.9. Agriculture and Agrarian Services –9:1 Agriculture, including agricultural extension, promotion andeducation for provincial purposes and agricultural services (otherthan in inter-provincial irrigation and land settlement schemes, Stateland and plantation agriculture) ;9:2 Rehabilitation and maintenance of minor irrigation works ;9:3 Agricultural research save and except institutions designated asnational agricultural research institutions.10. Rural Development11. Health –11:1 The establishment and maintenance of public hospitals, rural hospitals,maternity homes, dispensaries (other than teaching hospitals andhospitals established for special purposes) ;11:2 Public health services, health education, nutrition, family healthmaternity and child care, food and food sanitation, environmentalhealth ;The Constitution of the Democratic Socialist Republic of Sri Lanka19611:3 Formulation and implementation of Health Development Plan and ofthe Annual Health Plan for the Province ;11:4 The provision of facilities for all institutions referred to in 1 abovewithin the Province, excluding the procurement of drugs ;11:5 Awarding of Scholarships for Post-Graduate Education within SriLanka to personnel attached to the Institutions specifid in 1 above.12. Indigenous Medicine – Ayurveda, Siddha and Unani –12:1 Establishment of Ayurvedic dispensaries and hospitals, grants to suchdispensaries and hospitals ;12:2 Establishment and maintenance of herbaria.13:1 Rest houses maintained by local authorities ; and13:2 Circuit bungalows presently administered by Governmentdepartments whose functions are exclusively specifid in this List.14. Pawn brokers – Pawn brokers other than pawn brokers business carried on byBanks.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-operativeeducation and propaganda ;17:3 Provincial co-operative Employees Commission ;17:4 Matters connected with employment, promotion, retirement and otherconnected matters of employees of co-operative societies within theProvince.18. Land.– Land, that is to say, rights in or over land, land tenure, transfer andalienation of land, land use, land settlement and land improvement, to the extent set out inAppendix II.The Constitution of the Democratic Socialist Republic of Sri Lanka19719. Irrigation.– Planning, designing, implementation, supervision and maintenanceof all irrigation works, other than irrigation schemes relating to rivers running throughmore than one Province or inter provincial irrigation and land development schemes.20. Animal husbandry.– Preservation, protection and improvement of stock andprevention of animal diseases within the Province.21. Subject to the formulation and implementation of National Policy in regard todevelopment 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 PublicCorporations to have such enterprises and projects.(This would include the promotion of scientific and industrial research withinthe Province and the preparation, co-ordination and the implementation of industrialdevelopment plans for the Province).22. Reformatories, Borstal institutions and other institutions of a like natureand persons detained therein, arrangements with other Provinces for the use of suchinstitutions.23. Possession, transport, purchase and sale of intoxicating liquors.24. Burials and burial grounds, cremations and cremation grounds, other thanthose declared by or under law made by Parliament to be national memorial cemeteries.25:1 Libraries, Museums and other similar institutions controlled orfianced by a Provincial Council ;25:2 Ancient and historical monuments and records other than thosedeclared by or under law made by Parliament to be of nationalimportance.26. The regulation of mines and mineral development, to the extent permitted byor under any law made by Parliament, within the Province.27. Incorporation, regulation and judicial winding up of corporations with objectsconfined to the Province, excluding trading corporations, banking, insurance andfinancial corporations.28. Regulation of unincorporated trading, literary, scientific, religious and othersocieties and associations.29:1 Theatres and dramatic performances, music, cinemas, entertainmentsand amusements, excluding the sanctioning of cinematograph fimsfor exhibition and public performances.The Constitution of the Democratic Socialist Republic of Sri Lanka19829:2 Encouragement and development of sports (other than national sportsassociations).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 thisList.33. Fees in respect of any of the matters in this List, excluding fees taken in anycourt.34. Development, conservation and management of sites and facilities in theProvince for the generation and promotion of electrical energy (other than hydroelectric power and power generated to feed the national grid).35. The borrowing of money to the extent permitted by or under any law made byParliament.36:1 Turnover taxes on wholesale and retail sales within such limits andsubject to such exemptions as may be prescribed by law made byParliament ;36:2 Betting taxes, and taxes on prize competitions and lotteries, otherthan National Lotteries and lotteries organized by the Government ofSri Lanka ;36:3 Licence taxes, arrack, toddy rents, tapping licence fees and liquorlicence fees ;36:4 Motor vehicle licence fees within such limits and subject to suchexemptions 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 Traffi Act ;36:11 Departmental fees in respect of any of the matters specifid in thisList ;The Constitution of the Democratic Socialist Republic of Sri Lanka19936:12 Fees under the Fauna and Flora Protection Ordinance ;36:13 Fees on lands alienated under the Land Development Ordinanceand 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 revenueand maintenance of land records for revenue purposes ;36:17 Taxes on lands and buildings including the property of the State tothe extent permitted by law made by Parliament ;36:18 Taxes on mineral rights within such limits and subject to suchexemptions as may be prescribed by law made by Parliament ;36:19 Licensing fees on the possession, transport, purchase and sale ofintoxicating liquors ;36:20 Other taxation within the Province in order to raise revenue forprovincial purposes to the extent permitted by or under any lawmade by Parliament.37. Protection of environment within the Province to the extent permitted by orunder any law made by Parliament.The Constitution of the Democratic Socialist Republic of Sri Lanka200APPENDIX ILaw and Order1. The subject devolved shall be described as follows :–Public Order and the exercise of Police powers as set out in this Appendix withinthe 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 theGovernment 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 LankaPolice 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. G. G., SS PP.,ASPP.,) 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 andA.S.PP., all seconded from the National Division and ProvincialAssistant 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 tothe National Division.145[3. Recruitment to the National Police Division and promotion of PoliceOfficers in the Provincial Divisions to the National Division, shall be made by theNational Police Commission.]3:1 The National Police Commission shall, before promoting any policeOffier serving in any Provincial Division to the National Division,call for a Confiential Report on such Offier from the relevantProvincial Police Commission and take the matters specifid in suchreport into consideration in deciding whether to promote such Offieror not.3:2 The Commission shall also be responsible for promotions, transfersand disciplinary control of members of the National Division otherthan the I.G.P. subject to paragraph 4:1 below.145- Inserted by the Thirteenth Amendment to the Constitution Sec.7 and substituted by the SeventeenthAmendment to the Constitution Sec.23(1) for item 3The Constitution of the Democratic Socialist Republic of Sri Lanka2013:3 It shall hear and determine appeals from offiers seconded toProvincial Divisions against whom disciplinary action has been takenby Provincial Police Commissions.3:4 It shall set standards for recruitment and promotion of Police Offiersof all Divisions and such standards shall be uniform for all ProvincialDivisions.4. Recruitment to each Provincial Division shall be made by a Provincial PoliceCommission composed of three members, namely -(a) the D. I. G. of the Province ;(b) a person nominated by the Public Service Commission in consultationwith 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 offiers in the ProvincialDivision ; for promotion of Offiers of the National Division secondedto the Provincial Division up to the rank of S.S.P. ; and for transferand disciplinary control over offiers seconded to the ProvincialDivision, except the D.I.G. : Provided that any Offier of the National Division seconded to anyProvincial Division against whom disciplinary action has been takenby a Provincial Police Commission, shall have the right to appeal tothe National Police Commission, whose decision on such appeal shallbe fial.5. The National Police Commission or a Provincial Police Commission shall beentitled to delegate such of its powers as may be prescribed to such other person orauthority as may be prescribed.6. The I.G.P. shall appoint a D.I.G. for each Province with the concurrence of theChief Minister of the Province. However, where there is non agreement between theInspector-General of Police and the Chief Minister, the matter 146[will be referredto the National Police Commission], who, after due consultations with the ChiefMinister, shall make the appointment.7. The cadres of Police Officers of all ranks of the National Division shall befixed by the Government of Sri Lanka. The cadre of Officers and other ranks of eachProvincial Division shall be fixed by the Provincial Administration 147[with theapproval of the National Police Commission], having regard to –146 -Inserted by the Thirteenth Amendment to the Constitution Sec.7 and substituted by the SeventeenthAmendment to the Constitution Sec.23(2) for “will be referred to the President”147 -Inserted by the Thirteenth Amendment to the Constitution Sec. 7, and substituted by the SeventeenthAmendment to the Constitution Sec. 23(3), for “with the approval of the President”.The Constitution of the Democratic Socialist Republic of Sri Lanka202(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 fied on ascertainedprinciples such as population, area, number of Police Stationsinvolved and other relevant considerations. These principles shall beapplied to all Provincial Divisions without distinction.7:2 The salary scales and perquisites of offie enjoyed by the variousranks in the National and Provincial Divisions shall be determinedby the Government of Sri Lanka after consultation with the ChiefMinisters of the Provinces. The salary scales and perquisites ofoffie as enjoyed by members of the Provincial Divisions shall applyuniformly to all Provincial Divisions.8. The nature, type and quantity of fire-arms and ammunition and other equipmentfor the National Division shall be determined by the National Police Commission.The nature, type and quantity of fire-arms and ammunition and other equipment forall Provincial Divisions shall be determined by the National Police Commissionafter consultation with the Provincial Police Commission and uniform standards andprinciples 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 NationalPolice Commission and recruitment to the Provincial Division shallbe made by the Provincial Police Commission having regard to thestandards of recruitment and other criteria prescribed in this behalf : Provided also that a recruit may, on appointment, set out hispreferences as to the Division in which he wishes to serve and thathe shall, if possible, be posted to the Division of his choice, with theconsent of the Division concerned.9:2 The Government of Sri Lanka shall be responsible for the training ofall recruits to and of members of all Divisions of the Sri Lanka PoliceForce.The Constitution of the Democratic Socialist Republic of Sri Lanka203 148[The National Police Commission may, where he considers itnecessary provide for alternate training for members of any ProvincialDivision].10. Members of the National Division and the Provincial Divisions shall wear thesame uniforms and insignia of rank, provided that uniforms of the members of eachDivision shall bear a distinctive shoulder flash, indicating the Division to which hebelongs.10:1 There shall be one uniformed police force in each Province, comprisingof the members of the Provincial Division and the offiers secondedthereto. Members of the National Division shall ordinarily be in plainclothes provided that they may wear uniforms when performing anyduties in respect of the maintenance or restoration of public order asset out in paragraph 12:2, 12:3 and 12:4. Provided also that the I.G.P.and such other Offiers as may be specifid shall ordinarily be attiredin uniforms.11. All Police Officers serving in units of the National Division and ProvincialDivisions 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 thecontrol of the Chief Minister thereof in respect of the maintenance ofpublic order in the Province and the exercise of police powers in theProvince as set out in this Schedule.11:2 The provisions of paragraph 11:1 above are subject to the qualifiationsthat – (a) upon the declaration of an emergency in the Province, thePresident may assume such powers and responsibilities of theChief Minister and the Provincial Administration in respectof public order within the Province as he may, by regulation,provide ; and (b) where the President is of the opinion that the security ofor public order in a Province is threatened by grave internaldisturbance, he may, without the declaration of an emergency,but in consultation with the Chief Minister of such Province andsubject to the provisions of the Public Security Ordinance, byorder, deploy in aid of the civil power, any unit of the NationalDivision, in the Province for the purpose of restoring publicorder :148 -Inserted by the Thirteenth Amendment to the Constitution Sec. 7 and substituted by the SeventeenthAmendmentto the Constitution Sec. 23(4) for “The President may, where he considers it necessaryprovide for alternatetraining for members of any Provincial Division”.The Constitution of the Democratic Socialist Republic of Sri Lanka204 Provided that every such order shall cease to be in force as soonas the President is satisfid that public order has been restoredor 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 ofpublic order within the Province and the prevention, detection andinvestigation of all offences (except the offences specifid in theSchedule) and subject to the powers of the Attorney-General in termsof the Code of Criminal Procedure Act, the institution of prosecutionsin the relevant Courts in respect of such offences. The National Division of the Sri Lanka Police Force shall beresponsible for the prevention, detection and investigation of alloffences specifid in the Schedule and subject to the powers of theAttorney-General in terms of the Code of Criminal Procedure Act,for the institution of prosecutions in the relevant Courts in respect ofsuch offences.12:2 Where the Chief Minister seeks the assistance of the NationalDivision to preserve public order within a Province, the I.G.P. shalldeploy such personnel of the National Division as are necessary forthe purpose and place them under the control of the D. I. G. of theProvince.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 necessaryin any Province for the restoration and maintenance of public orderwithin such Province.12:4 Any offence which may ordinarily be investigated by a ProvincialDivision may be investigated by the C.I.D. or any other unit of theNational Division – (a) where the Chief Minister requests, that such investigationbe undertaken by the C.I.D. or any other unit of the NationalDivision ; and (b) where the I.G.P. is of opinion that an investigation of suchoffence by the C.I.D. or any other unit of the National Divisionis necessary, in the public interest and directs, after consultationwith the Chief Minister and the approval of the AttorneyGeneral, that such offence be investigated by the C.I.D. or anyother unit of the National Division.13. The National Division shall perform all the functions vested in a ProvincialDivision, in any Province, for a period of one year or until a Provincial Division isestablished in such Province, whichever is earlier.The Constitution of the Democratic Socialist Republic of Sri Lanka20514. All Gazetted officers of the National Division and Provincial Division shall berequired to attain the prescribed standard in Sinhala and Tamil. All Officers of the rankof 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 mothertongue. For the first promotion he shall acquire proficiency in a language other thanhis mother tongue. For the next promotion he shall acquire a knowledge of the thirdlanguage. The three languages recognized for this purpose are Sinhala, Tamil andEnglish.SCHEDULEList of Offences to be investigated by the National Police1. 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 Offier, a Judicial Offier, or theSpeaker, or the Prime Minister or a Minister, or a Member of the JudicialService Commission, or a Member of the Public Service Commission ora Deputy Minister or a Member of Parliament or the Secretary General ofParliament or a Member of the President’s Staff or a Member of the Staffof the Secretary General of Parliament.7. Any Offence relating to property belonging to the State or a StateCorporation or Company or Establishment, the whole or part of the capitalwhereof has been provided by the State.8. Any Offence prejudicial to National Security or the maintenance ofEssential Services.9. Any Offence under any law relating to any matter in the Reserve List otherthan 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 havejurisdiction.11. International Crimes.The Constitution of the Democratic Socialist Republic of Sri Lanka206APPENDIX IILand and Land SettlementState land shall continue to vest in the Republic and may be disposed of inaccordance with Article 33(d) and written law governing this matter.Subject as aforesaid, land shall be Provincial Council Subject, subject to thefollowing 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 theGovernment in accordance with the laws governing the matter. TheGovernment shall consult the relevant Provincial Council with regardto the utilisation of such land in respect of such subject.1:2 Government shall make available to every Provincial Council Stateland within the Province required by such Council for a ProvincialCouncil subject. The Provincial Council shall administer, controland utilise such State land, in accordance with the laws and statutesgoverning the matter.1:3 Alienation or disposition of the State land within a Province to anycitizen or to any organisation shall be by the President, on the adviceof the relevant Provincial Council, in accordance with the lawsgoverning the matter.2. Inter-Provincial Irrigation and Land Development Projects.2:1 Such projects would comprise irrigation and land developmentschemes – (a) within the Province initiated by the State and which utilizewater from rivers flwing through more than one Province ;a Provincial Council however, may also initiate irrigation andland development schemes within its Province utilizing waterfrom such rivers ; (b) within the Province which utilize water through diversionsfrom water systems from outside the Province ; and (c) all schemes where the command area falls within two or moreProvinces such as the Mahaweli Development Project.2:2 These projects will be the responsibility of the Government of SriLanka.The Constitution of the Democratic Socialist Republic of Sri Lanka2072:3 The principles and criteria regarding the size of holdings of agriculturaland homestead lands arising out of these projects will be determinedby the Government of Sri Lanka in consultation with the ProvincialCouncils.2:4 The selection of allottees for such lands will be determined by theGovernment of Sri Lanka having regard to settler selection criteriaincluding degree of landlessness, income level, size of family andagricultural background of the applicants. The actual application ofthese principles, selection of allottees and other incidental mattersconnected thereto will be within the powers of the ProvincialCouncils.2:5 The distribution of all allotments of such land in such projects will beon the basis of national ethnic ratio. In the distribution of allotmentsaccording to such ratios, priority will be given to persons who aredisplaced by the project, landless of the District in which the projectis situated and thereafter the landless of the Province.2:6 Where the members of any community do not, or are unable to taketheir entitlements of allotments from any such project, they wouldbe entitled to receive an equivalent number of allotments in anotherInter-Provincial Irrigation or Land Development Scheme. Thisunused quota should be utilized within a given time-frame.2:7 The distribution of allotments in such projects on the basis of theaforesaid principles would be done as far as possible so as not todisturb very signifiantly the demographic pattern of the Province andin accordance with the principle of ensuring community cohesivenessin human settlements.2:8 The administration and management of such projects will be done bythe Government of Sri Lanka.3. National Land Commission.3:1 The Government of Sri Lanka shall establish a National LandCommission which would be responsible for the formulation ofnational policy with regard to the use of State land. This Commissionwill include representatives of all Provincial Councils in the Island.3:2 The National Land Commission will have a Technical Secretariatrepresenting all the relevant disciplines required to evaluate thephysical as well as the socio-economic factors that are relevant tonatural resources management.The Constitution of the Democratic Socialist Republic of Sri Lanka2083:3 National policy on land use will be based on technical aspects (not onpolitical or communal aspects), and the Commission will lay downgeneral 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 shallbe exercised by the Provincial Councils having due regard to thenational policy formulated by the National Land Commission.The Constitution of the Democratic Socialist Republic of Sri Lanka209APPENDIX IIIEducation1. Provision of facilities for all State Schools other than specifid schools(Specifid Schools will be National Schools, Special Schools for ServicePersonnel and schools for specifid development schemes).2. Supervision of the management of –(a) all pre-schools ; and(b) all State schools other than specifid schools indicated above. (In order to ensure standards the Ministry of Education will retain the rightto inspect and supervise the management of schools).3. The transfer and disciplinary control of all educational personnel, i.e. Teachers, Principals and Education Offiers, Offiers belonging toa National Service but serving the Provincial Authority on secondmentwill have the right of appeal to the Public Service Commission. Offiersbelonging to the Provincial Public Service will have a right to appeal to thePublic Service Commission against dismissal.4. Recruitment into the Teaching Service of those with diplomas and degrees,from Colleges of Education and Universities, recognised as teachingqualifiations.5. Until adequate numbers of these categories are available recruitment intothe Teaching Service will be on the results of recruitment examinationsconducted by the Public Service Commission. On the results of theseexaminations interviews and selection will be conducted together with theProvincial Authorities.6. Appointment of Principals of all schools other than those in 1A, B, Ccategories. (Criteria will be laid down by the Minister of Education).7. Appointment of Principals of 1A, B, C schools will be by the Secretary tothe Ministry of the Minister in charge of the subject of Education of thePublic Service Commission.8. Training of teachers and other educational personnel will come within thepurview of the National Institute of Education. Provincial Authorities willindicate their needs to the National Institute of Education.9. Appointment of Provincial Boards of Education which will have theadvisory functions, will be the responsibility of the Minister of Education.However, this will be done with the concurrence of the Chief Minister ofthe Provincial Authority.The Constitution of the Democratic Socialist Republic of Sri Lanka21010. Provincial Authorities will establish School Boards conforming to thespecifiations 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 annualimplementation 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 EducationOffiers.15. Conducting of in-service training programmes for which prior approval ofthe National Institute of Education has been obtained.16. Conducting of local examinations approved by the Commissioner-Generalof 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 localvariations in the primary curriculum and selected subjects in the secondarycurriculum.20. Construction and maintenance of educational buildings, libraries andplaygrounds.21. Procuring and distribution of teaching aids,visual aids and audio visualmaterials, furniture and other equipment.22. Procuring and distribution of science equipment other than certain specifiditems indicated by the Ministry.23. Production and distribution of school textbooks after approval by theMinistry.24. Organization and development of school libraries in accordance withguidelines given by the National Library Services Board.(Above based on the recommendations of Committee I of the Political PartiesConference)LIST II(Reserved List)National Policy on all Subjects and Functions.Defence and National Security : Internal Security ; Law and order and prevention anddetection of crime except do the extent specifid in item 1 of List I.This would include –(a) Defence of Sri Lanka and every part thereof including preparation fordefence and all such acts as may be conducive in times of war to itsprosecution and after its termination, to effective demobilisation ;(b) Naval, military and air forces ; any other armed forces of the Government ofSri Lanka ;(c) Deployment of any armed force of the Government of Sri Lanka or anyother force subject to the control of the Government of Sri Lanka or anycontingent or unit thereof in any Province in aid of the civil power ; powers,jurisdiction, privileges and liabilities of the members of such forces whileon such deployment ;(d) Delimitation of cantonment areas, local self-government in such areas, theconstitution and powers within such areas of cantonment authorities and theregulation of house accommodation (including the control of rents) in suchareas ;(e) Naval, military and air force works ;(f) Arms, fiearms, 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 purposeof 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 forcebelonging to any Province to any area outside that Province, but not so asto enable the police of one Province to exercise powers and jurisdictionin any area outside that Province without the consent of the ProvincialCouncil in which such area is situated ; extension of the powers andjurisdiction of members of a police force belonging to any Province torailway areas outside that Province.The Constitution of the Democratic Socialist Republic of Sri Lanka212Foreign AffairsThis would include –(a) Foreign Affairs ; all matters which bring the Government of Sri Lanka intorelation with any foreign country ;(b) Diplomatic, consular and trade representation ;(c) United Nations Organization ;(d) Participation in international conferences, associations and other bodiesand implementing of decisions made thereat ;(e) Entering into treaties and agreements with foreign countries andimplementing treaties, agreements and conventions with foreign countries;(f) War and peace ; and(g) Foreign jurisdiction.Posts and Telecommunications ; Broadcasting ; TelevisionThis would include –(a) Posts and telegraphs ; telephones ; wireless, broadcasting and other likeforms of communications ; and(b) Sanctioning of cinematograph fims for exhibition.Justice in so far as it relates to the judiciary and the courts structure.This would include –(a) Constitution, organisation, jurisdiction and powers of the Supreme Court(including contempt of such Court) and the fees taken therein ; personsentitled to practise before the Supreme Court, Court of Appeal and otherCourts ;(b) Constitution, organisation, jurisdiction and powers of the Court of Appealand the fees taken therein ; and(c) Jurisdiction and powers of all Courts, except the Supreme Court and theCourt 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 ;The Constitution of the Democratic Socialist Republic of Sri Lanka213(d) Central Bank ;(e) National Savings Bank ;(f) Lotteries organised by the Government of Sri Lanka or a ProvincialCouncil ;(g) Banking ;(h) Bills of exchange, cheques, promissory notes and other like instruments ;(i) Insurance ;(j) Stock exchanges and future 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 andcorporations ;(m) Customs duties, including import and export duties and excise duties ;(n) Turnover taxes and stamp duties, except to the extent specifid in List I ;(o) Any other tax or fee not specifid in List I.Foreign Trade ; Inter-Province Trade and CommerceThis would include –(a) Trade and commerce with foreign countries ; import and export acrosscustoms frontiers; defiition of customs frontiers; and(b) Inter-province trade and commerce.Ports and HarboursThis would include –(a) Ports declared by or under law made by Parliament or existing law to bemajor ports including their delimitation and the constitution and powers ofport authorities therein ; and(b) Port quarantine, including hospitals connected therewith ; seamen’s andmarine hospitals.Aviation and AirportsThis would include –Airways ; aircraft and air navigation ; provision of aerodromes ; regulation andorganisation of air traffi and of aerodromes ; provision for aeronauticaleducation and training and regulation of such education and trainingprovided by Provinces and other agencies.The Constitution of the Democratic Socialist Republic of Sri Lanka214National TransportThis would include –(a) Railways ;(b) Highways declared by or under law made by Parliament to be nationalhighways ; and(c) Carriage of passengers and goods by railway, land, sea or air or by nationalwaterways in mechanically propelled vessels.Rivers and Waterways ; Shipping and Navigation ; Maritime zones includingHistorical Waters, Territorial Waters, exclusive Economic zone and Continental Shelfand Internal Waters ; State Lands and Foreshore, Except to the Extent Specifid inItem 18 of List I.This would include –(a) Piracies and crimes committed on the high seas or in the air ; offences againstthe law of nations committed on land or the high seas or in the air ;(b) Shipping and navigation on inland waterways, declared by Parliament bylaw 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 ontidal waters ; provision of education and training for the mercantile marineand regulation of such education and training provided by Provinces andother agencies ;(d) Lighthouses, including lightships, beacons and other provision for thesafety of shipping and aircraft ;(e) Regulation and development of inter province rivers ; and river valleysto the extent to which such regulation and development under the controlof the Government of Sri Lanka is declared by Parliament by law to beexpedient in the public interest ;(f) Fishing and fiheries beyond territorial waters ; and(g) Property of the Government of Sri Lanka and the revenue therefrom, butas regards property situated in a province, subject to statutes made by theProvince save in so far as Parliament by law otherwise provides.Minerals and MinesThis would include –(a) Regulation and development of oil filds and mineral oil resources ;petroleum and petroleum products ; other liquids and substances declaredby Parliament by law to be dangerously inflmmable ; andThe Constitution of the Democratic Socialist Republic of Sri Lanka215(b) Regulation of mines and mineral development to the extent to whichsuch regulation and development under the control of the Government ofSri Lanka is declared by Parliament by law to be expedient in the publicinterest.Immigration and Emigration and CitizenshipThis would include –(a) Citizenship, Naturalization and Aliens ;(b) Extradition ; and(c) Admission into and emigration and expulsion from, Sri Lanka ; passportsand visas.Elections Including Presidential, Parliamentary, Provincial Councils and LocalAuthoritiesThis would include –Elections to Parliament, Provincial Councils, Local Authorities and to theOffie of President ; the Department of Elections.Census and StatisticsThis would include –(a) Census ; and(b) Inquiries, surveys and statistics for the purposes of any of the matters inthis List.Professional Occupations and TrainingThis would include –(a) Institutions, such as Universities, declared by Parliament by law to beinstitutions of national importance;(b) Institutions for scientifi or technical education by the Government of SriLanka wholly or in part and declared by Parliament by law to be institutionsof national importance ;(c) Provincial agencies and institutions for –(i) professional, vocational or technical training, including the trainingof police offiers ; or(ii) the promotion of special studies or research ; or(iii) scientifi or technical assistance in the investigation or detection ofcrime ; andThe Constitution of the Democratic Socialist Republic of Sri Lanka216(d) Co-ordination and determination of standards in institutions for highereducation or research and scientifi and technical institutions.National Archives ; Archaeological Activities and Sites and Antiquities declared by orunder any law made by Parliament to be of National Importance.This would include –Ancient and historical monuments and records and archaeological sites andremains declared by or under law made by Parliament to be of nationalimportance.All Subjects and Functions not Specifid 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 fiancial corporations but not includingco-operative societies ;(c) Incorporation, regulation and winding up of corporations, whether tradingor not, with objects not confied to one province, but not includinguniversities ;(d) Patents, inventions and designs ; copyright, trade marks and merchandisemarks ;(e) Establishment of standards of weight and measure ;(f) Establishment of standards of quality for goods to be exported out of SriLanka or transported from one province to another ;(g) Industries, the control of which by the Government of Sri Lanka is declaredby 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 Governmentof Sri Lanka ; regulation and control of manufacture, supply and distributionof 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 fianced by theGovernment of Sri Lanka wholly or in part and declared by Parliament bylaw to be institutions of national importance ;(m) The Survey of Sri Lanka, the Geological, Botanical, Zoological andAnthropological Surveys of Sri Lanka ; Meteorological organizations ;The Constitution of the Democratic Socialist Republic of Sri Lanka217(n) National Public Services ; National Public Service Commission ;(o) Pensions, that is to say, pensions payable by the Government of Sri Lankaor out of the Consolidated Fund ;(p) Salaries and allowances of Members of Parliament and the Speaker andDeputy Speaker of Parliament ;(q) Powers, privileges and immunities of Parliament and of the members andthe Committees of Parliament ; enforcement of attendance of persons forgiving evidence or producing documents before Committees of Parliamentor Commissions appointed by Parliament ;(r) Emoluments, allowances, privileges and rights in respect of leave ofabsence, of the President and Governors ; salaries and allowances of theMinisters of the Government of Sri Lanka ; the salaries, allowances andrights in respect of leave of absence and other conditions of service of theAuditor-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 feestaken in any Court.The Constitution of the Democratic Socialist Republic of Sri Lanka218LIST III(Concurrent List)1. Planning –1:1 Formulation and appraisal of plan implementation strategies at theprovincial level ;1:2 Progress control ;1:3 Monitoring progress of public and private sector investmentprogrammes ;1:4 The evaluation of the performance of institutions and enterprisesengaged 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 plantargets ;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 extentspecified in items 3 and 4 of List 1.4. Higher Education –4:1 The establishment and maintenance of new Universities.4:2 The establishment of degree awarding institutions under theUniversities (Amendment) Act, No. 07 of 1985 and other institutionsfor tertiary, technical and post-school education and training.5. National Housing and Construction.– The promotion of integrated planning andimplementation of economic, social and physical development of urban developmentareas.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 flods, droughts, epidemics or otherexceptional causes and rehabilitation and resettlement of thoseaffected ;The Constitution of the Democratic Socialist Republic of Sri Lanka2197:3 Restoration, reconstruction and rehabilitation of towns, villages,public institutions and properties, industries, business places, placesof worship and other properties destroyed or damaged, grant ofcompensation or relief to persons or institutions who have sustainedloss or damage and the reorganization of civil life.8. Agricultural and Agrarian Services –8:1 Establishment and promotion of agro-linked industries, theestablishment and maintenance of farms and supervision of privatenurseries ;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 homesand 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 matter enumerated in the Provincialor Concurrent List.17. Irrigation –17:1 Water storage and management, drainage and embankments, flodprotection, 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.The Constitution of the Democratic Socialist Republic of Sri Lanka22020. Animal Husbandry –20:1 Production, processing, distribution and sale of livestock andlivestock products ;20:2 Veterinary training services and research, inclusive of the provisionof 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 theProvince.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 theGovernment is declared by Parliament by law to be expedient in thepublic 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 anyCourt.27. Charities and charitable institutions, charitable and religious endowments andreligious institutions.28. Price control.29. Inquiries and statistics for the purpose of any of the matters in this List or inthe Provincial Council List.30. Adulteration of foodstuffs and other goods.31. Drugs and Poisons.32. Extension of electrification within the Province and the promotion andregulation of the use of electricity within the Province.The Constitution of the Democratic Socialist Republic of Sri Lanka22133. Protection of the environment.34. Archaeological sites and remains, other than those declared by or under anylaw made by Parliament to be of national importance.35. Prevention of the extension from one Province to another of infectious orcontagious diseases or pests affecting human beings, animals or plants.36. Pilgrimages.