THIRD AMENDMENT TO THE CONSTITUTION

THIRD AMENDMENT TO THE CONSTITUTION

AN ACT TO AMEND THE CONSTITUTION OF THE ‘DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

[27^th August
, 1982 ]

Short title.

1. This Act may be cited as the Third Amendment to the Constitution.

Amendment of Article 31 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

2. Article 31 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the ” Constitution “) is hereby amended as follows :-

(1) by the insertion, immediately after paragraph (3) of that Article, of the following paragraph : –

” (3A)

(a)

(i) Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the President may, at any time after the expiration of four years from the commencement of his first term of office, by Proclamation, declare his intention of appealing to the People for a mandate to hold office, by election, for a further term.

(ii) Upon the making of a Proclamation under sub-paragraph (i) the Commissioner of Elections shall be required to take a poll for the election of the President.

(b) If, at any time after the date of Proclamation referred to in paragraph (a) and before the close of the poll at the election held in pursuance of such Proclamation, the President in office dies, such Proclamation shall be deemed to have been revoked with effect from the date of Such death and the election to be held in pursuance of such Proclamation shall be deemed to be cancelled. Toe vacancy in the office of President caused by such death shall be filled in accordance with the provisions of Article 40.

(c)

(i) If, at any time between the close of the poll at an election held under this paragraph and the declaration of the result of such election a candidate at such election dies, the Commissioner of Elections shall proceed with the count and declare the result of such election, notwithstanding the death of such candidate.

(ii) If the person entitled. to be declared elected as President is dead at the time of the declaration of the result of such. election. the Commissioner of Elections shall not declare the result of such election but shall take a fresh poll for the election of the President.

(iii) If by reason of the death referred to in sub-paragraph (i) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by, the new President and shall appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister :

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.

(d) The person declared elected as President at an election held under this paragraph shall, if such person-

(i) is the President in office, hold office for a term of six years commencing on such date in the year in which that election is held (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier ; or

(ii) is not the President in office, hold office for a term of six years commencing on the date on which the result of such election is declared.

(e) A person succeeding to the office of President under the provisions of Article 40 shall not be entitled to exercise the right conferred on a President by sub-paragraph (a) of this paragraph. (f) For the purposes of this paragraph, the first term of office of the first President referred to in Article 160 shall be deemed to have commenced on February 4,1978. ” ;

(2) by the repeal of paragraph (4) of that Article and the substitution of the following paragraph therefor : –

” (4) Where a poll for the election of a President is taken, the term of office of the person elected as President at such election shall commence on the expiration of the term of office of the President in office :

Provided that notwithstanding anything to the contrary in Article 40 –

(a) if any person declared elected as President at a poll for the election of a President dies at any time after his being declared elected as President, and before the date on which his term of office would, but for his death, have commenced, the Commissioner of Elections shall take a fresh poll for the election of a President. If the date fixed for such fresh poll is a date later than such first-mentioned date, the term of office of the person declared elected at such poll shall, notwithstanding the preceding provisions of this Article, be deemed to have commenced on such first-mentioned date. For the purposes only of Article 38 (1) (d), the date of commencement of the term of office of the new President shall be the date of his election;

(b) where the President in office is not a candidate or is not re-elected, at a poll for the election of a President, his term of office shall be deemed to have expired on the date on which the result of such election is declared. The person elected as President at such election shall assume office forthwith, but. not later than two weeks from such date :

Provided that the President in office, notwithstanding anything to the contrary in Article 30, shall continue to exercise, perform and discharge. the powers, duties and functions of the office of, President until the assumption of office by the person declared elected as President. If the office of President becomes vacant, by reason of the person declared elected as President failing to assume office, the President in office shall continue to exercise, perform and discharge the powers, duties and func-tions of the office of President, until the Prime Minister or if the office of Prime Minister be then vacant or if the Prime Minister be unable to act, the Speaker commences to act in the office of President in terms of Article 40;

(c) if by reason of the death referred to in sub-paragraph (a) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by- the new President and shall appoint one of the other Ministers of the Cabinet to act as Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.”.

Amendment of Article 38 of the Constitution.

3. Article 38 of the Constitution is hereby amended in sub-paragraph (d) of paragraph (1) of that Article by the substitution, for the words ” one month”, of the words ” two weeks “.

Amendment of Article 160 of the Constitution.

4. Article 160 of the Constitution is hereby amended by the substitution, for the words ” shall hold office “, of the words and figures “shall, subject to the provisions of Article 31, hold office “..