Expert Panel Report Tabled at The Constitutional Assembly On 11 January 2019
Expert Panel Report Tabled at The Constitutional Assembly On 11 January 2019
Expert Panel Report Tabled at The Constitutional Assembly On 11 January 2019
(English version)
THE CONSTITITUIONAL ASSEMBLY
OF SRI LANKA
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PREAMBLE
WHEREAS it is the will of the People of Sri Lanka to enact and adopt a Supreme Law in
the form of a new Constitution which:
− affirms the republican principles of representative democracy, accountability and
constitutionalism;
− guarantees the dignity and freedom of individuals;
− assures to all Sri Lankans freedom, equality, justice, fundamental human rights;
− ensures good governance in accordance with the rule of law;
− facilitates economic, social and cultural advancement;
− promotes peace and harmony among all people;
− preserves the unity and territorial integrity of Sri Lanka;
NOW THEREFORE,
WE THE PEOPLE OF SRI LANKA
celebrating our rich ethnic, religious, linguistic and cultural diversity,
in the exercise of our sovereignty,
hereby give ourselves, and the future generations of Sri Lankans,
this
CONSTITUTION
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CHAPTER II - RELIGION
CHAPTER IV - LANGUAGE
CHAPTER V - CITIZENSHIP
CHAPTER X - PARLIAMENT
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The State 1. Sri Lanka (Ceylon) is a free, sovereign and independent Republic
which is an aekiya rajyaya / orumiththa nadu, consisting of the
institutions of the Centre and of the Provinces which shall exercise
power as laid down in the Constitution.
In this Article aekiya rajyaya / orumiththa nadu means a State which
is undivided and indivisible, and in which the power to amend the
Constitution, or to repeal and replace the Constitution, shall remain
with the Legislature and the People of Sri Lanka as provided in this
Constitution
Exercise of 3. The legislative, executive and judicial power of the People shall be
powers of exercised as provided for by the Constitution, which is the Supreme
Government Law of Sri Lanka.
National 5. The National Flag of Sri Lanka shall be the Lion Flag depicted in the
Flag AAA Schedule.
National 6. The National Anthem of Sri Lanka shall be “Sri Lanka Matha/ Sri
Anthem Lanka Thaaye”, the words and music of which are set out in the
AAA Schedule.
National 7. The National Day of Sri Lanka shall be the fourth day of February.
Day
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CHAPTER II - RELIGION
Religion 8. Sri Lanka shall give to Buddhism the foremost place and accordingly
it shall be the duty of the State to protect and foster the Buddha
Sasana, while assuring to all religions the rights granted by Article
10 and 14(1)(e).
9. (1) Every person shall have the inherent right to life, dignity,
equality, freedom and security of the human person.
(5) Every person arrested shall have the right to communicate with
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(6) Every person arrested shall, from the time of his or her arrest,
have the right to choose and consult an attorney-at-law of his or
her choice. The State shall afford all reasonable facilities to
enable the effective representation of the arrested person.
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paragraph.
14. (1) All persons are equal before the law and have the right to the
equal protection of the law.
(2) Women and men shall have equal rights and duties in all
areas of public, family, political, economic, social and cultural life.
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17. (1) Every person shall have the right to hold opinions without
interference.
19. (1) Every citizen is entitled to the freedom of speech and expression
including publication and this right shall include the freedom to
express opinions and to seek, receive and impart information and
ideas in any form, including orally, in writing, in print, in the form of
art, or through any other medium, freedom of the media, freedom of
artistic creativity, and academic freedom.
20. (1) Every citizen shall have the right of access to any
information as provided for by law, being information that is
required for the exercise or protection of a citizen's right held by:
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25. (1) Every citizen has the right to the enjoyment of just and favorable
conditions of work that ensures, in particular:
26. (1) Every person is entitled to the freedom to form and join a trade
union of the person’s choice and for such trade union to function
without undue hindrance.
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(2) Forced labour as used in paragraph (1) of this Article shall not
include performance of labour pursuant to a sentence of a court of
competent jurisdiction or any work or service which forms a part of
normal civic obligations.
(b) the right not to have the person’s home or property searched or
the person’s possessions seized, except according to procedure
established by law;
29. (1) Every person of marriageable age shall be entitled to marry and
to found a family. The rights of spouses within the family shall be
equal.
(2) No marriage shall be entered into without the free and full
consent of the intending spouses.
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(3) Tertiary education shall be provided free by the State to all on the
basis of capacity and equitable opportunity, which shall be
progressively realized.
32. (1) Every citizen has the right to enjoy the highest attainable
standard of physical and mental health and to have access to
preventive and curative health-care services through free health
services provided by the State.
(3) The State shall take reasonable legislative and other measures
with a view to achieving the progressive realization of the rights
guaranteed by paragraph (1).
33. (1) Every citizen shall have the right to participate in, contribute to
and enjoy the benefits of sustainable economic, social, cultural and
political development equally and without discrimination.
(3) The State shall take reasonable legislative and other measures
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(4) No person shall be evicted from the person’s home or have the
home demolished, except as permitted by law.
34. (1) All persons have the right to a healthy environment that is not
harmful to their health or well- being and that can sustain all forms
of life.
(2) All persons have the right to have the environment protected
through reasonable legislative and other measures that -
(3) All persons have the right to benefit equally from the natural
resources of Sri Lanka and the State shall hold such resources in
trust for present and future generations.
35. (1) Every child shall have the right to special protection by the
family, the community and the State, particularly against all forms of
abandonment, maltreatment, neglect, discrimination, violence,
oppression, abuse including sexual abuse and exploitation.
(a) to have his or her birth registered and to have a name from
his or her date of birth;
(b) to acquire nationality;
(c) to family care or parental care or to appropriate alternative
care when removed from the family environment;
(d) to basic nutrition, shelter, basic health care services and
social services;
(e) to have legal assistance provided by the State at State’s
expense in criminal proceedings affecting the child, if
substantial injustice would otherwise result;
(f) not to be detained except as a measure of last resort, in
which instance, the child may be detained only for the
shortest appropriate period of time, and has the right to be –
(i) kept separately from detained persons over the age
of 18 years; and
(ii) treated in a manner, and kept in conditions, that
take account of the child's age; and
(g) not to be used in armed conflict and to protection in times
of armed conflict.
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(5) Every child shall have the right to free education provided by the
State.
(7) The rights recognized by this Article shall be in addition to and not
in derogation of any other right to which a child is entitled as a
citizen or person under this Chapter.
(8) For the purposes of this Article "child" means a person under the
age of eighteen years.
36. Every senior citizen shall have the right to special protection by the
State to social security.
37. (1) Citizens with a disability or special needs shall enjoy the same
rights as all other citizens.
(3) The State shall recognize and respect the inherent dignity and
autonomy of persons with disabilities and their freedom to make
their own choices.
(4) In order to ensure the right to equal opportunity for persons with
disabilities in all aspects of life, the State shall promote persons with
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(7) Every citizen who has a disability or special needs shall have the
right:
(a) To be protected by his or her family and by the State.
38. (1) Every person has the right of access to justice through courts or
any other tribunal.
(2) Legal aid shall be made available by the State to those who lack
sufficient resources in so far as such aid is necessary to ensure
effective access to justice.
39. Every person has the right to State action that is lawful, reasonable,
procedurally fair and proportionate.
40. (1) Every person shall have the right to goods and services of good
quality, to truthful information and protection of their health and
safety, fair prices and to reparation for damages.
41. All organs of State shall take all necessary measures including the
enactment and implementation of necessary legislation and the
adoption and implementation of appropriate policies and
programmes for the full realization of the rights declared and
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42. (1) Where a Proclamation has been duly made pursuant to the
provisions of [the Chapter on Public Security], and subject to
paragraphs (2) and (3) of this Article, measures may be prescribed by
law derogating from the exercise and operation of the fundamental
rights declared and recognized in this Chapter to the extent strictly
required by the exigencies of the situation and necessary in a
democratic society, provided that such measures do not involve
discrimination on grounds recognized under paragraph (2) of Article
XXX [Equality] and for the purpose of this Article "law" includes
regulations made under the law for the time being in force relating to
public security.
43. (1) All written and unwritten laws in force at the time of coming into
force of this Constitution including the Chapter on Fundamental
Rights shall be read subject to the provisions of the [new]
Constitution and in the event of a court declaring that any such law is
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(2) The provisions of paragraph (1) of this Article shall not apply to
personal laws (provide an appropriate definition of ‘personal laws’)
in force at the time of coming into force of this Constitution.
(4) For the purposes of this Article and Article XXX, "State action"
includes legislative action, executive or administrative action and
judicial action.
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45. A person who, not being a citizen of any country, has been
permanently and legally resident in the Republic on the date on
which the Constitution comes into force and continues to be so
resident, shall be entitled to all the rights declared and recognized by
this Chapter, to which a citizen of Sri Lanka is entitled.
47. (1) The Court of Appeal shall have sole and exclusive jurisdiction to
hear and determine any question relating to the infringement or
imminent infringement by State action or non-State action of any
fundamental right or language right declared and recognised by
Chapter XXX or Chapter XXX.
(2) The jurisdiction of the Court of Appeal under this Article may be
invoked by any person or body of persons referred to in Article XXX
in accordance with such rules of Court as may be in force. Any such
person or body of persons may apply to the Court of Appeal by way
of petition in writing addressed to such Court praying for relief or
redress in respect of such infringement or imminent infringement of
any fundamental right or language right declared and recognised by
Chapters XXX. Such application may be proceeded with only with
leave to proceed first had and obtained from the Court of Appeal,
which leave may be granted or refused as the case may be by not less
than two Judges of such Court. Where leave is refused, the Court of
Appeal shall record the reasons therefor.
(3) The Court of Appeal shall have power to grant such relief or
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(5) The Court of Appeal shall hear and finally dispose of any petition
or reference under this Article as expeditiously as possible and in
any event, not later than three months of the filing of the petition or
the making of the reference, as the case may be. In computing the
period of three months, any period taken for inquiry and report by
the Human Rights Commission of Sri Lanka, the Official Languages
Commission or any other body or person referred to in paragraph (4)
shall be excluded.
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of invalidity; and
XX. The Constitution would require that every treaty, along with a
memorandum explaining its implications, be tabled in Parliament at
least one month before ratification. Parliament may adopt a
resolution recommending ratification, reservations or even non-
ratification. The executive would be bound by the terms of such
resolution.
CHAPTER IV - LANGUAGE
48. (1) Sinhala and Tamil be the national and official languages of the
Republic. Citizens who use the national languages have equal rights
in learning, practicing and promoting their languages.
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49. Every citizen has the right to seek information of public importance
from the government institutions or private or non-profit
organization in either of the national languages or link language
(2) Sinhala and Tamil shall be used as the languages for the
maintenance of public records in any Divisional Secretary area
where the Sinhala or Tamil linguistic minority, as the case may be, in
such area exceeds one eighth of the total population of that area and
is declared as such by the President.
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56. (1) Sinhala and Tamil shall be the languages of the courts throughout
the Republic. Sinhala shall be used as the language of the record and
proceedings in the courts situated in all the areas of the Republic
except in the Northern and Eastern Provinces, wherein Tamil shall
be used.
(2) The Minister of Justice may direct that the record of any court
shall also be maintained and the proceedings conducted in a national
language other than the language of the court.
(5) The Minister of Justice may permit the use of English in any
court.
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58. The State shall provide adequate facilities for the persons with
disabilities or special needs to exercise the right to communicate and
seek information through all forms of communication of their choice
including augmentative and alternative means and modes of
communication such as Braille, large print, sign language, visual
media as well as simplified versions when exercising the
administrative, educational or judicial function stated in this chapter.
Sign Language shall be recognized as the language of
communication for the deaf community and its use should be
promoted.
CHAPTER V - CITIZENSHIP
60. (1) There shall be one status of citizenship known as “the status of a
citizen of Sri Lanka”.
(2) A citizen of Sri Lanka shall for all purposes be described only as
a “citizen of Sri Lanka”, whether such person became entitled to
citizenship by descent or by virtue of registration in accordance with
the law relating to citizenship.
62. These Directive Principles shall guide all organs of government and
all public officers at national, provincial and local government levels
and all persons whenever any of them,
(a) Applies or interprets the Constitution;
(b) Enacts, applies or interprets any law, or
(c) Makes or implements public policy decisions.
63. The State shall safeguard the independence, sovereignty, unity and
the territorial integrity of Sri Lanka.
64. (1) It shall be the duty of the State and all persons to ensure peaceful
coexistence and harmony among all ethnic, religious and social
groups while maintaining the plural character of Sri Lanka ;
(2) The State shall safeguard and strengthen the democratic structure
of government and the democratic rights of the People and promote a
peaceful, just and inclusive society.
65. (1) The State shall establish a just, equitable and moral social order,
the objectives of which include-
66. (1) The State shall ensure the full and equal participation of women
and men as agents and beneficiaries of people-centred sustainable
development which includes:
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(2) The natural heritage of Sri Lanka including its rich biodiversity
shall be considered a public good and the state and all citizens
shall ensure that it is protected and used sustainably.
(3) The state and all citizens shall take all possible measures to
mitigate climate change and address its adverse impacts on people
and all living systems
(4) It shall be the duty of the State and every person to treat all
nonhuman living creatures with compassion and subject to the
interests of human health, welfare and security to ensure that they
are protected from unnecessary pain and suffering.
(5) The State and every person shall preserve and protect the cultural
and archaeological heritage of Sri Lanka for present and future
generations.
(6) The State and every person shall protect and preserve the
indigenous knowledge of Sri Lanka and prevent its
misappropriation.
67. (1) The State shall take adequate measures to prevent transnational
organized crime, human trafficking, forced labor, consumption of
addictive substance while providing sufficient safeguards to victims
of trafficking of persons.
(2) The State shall take all appropriate means to prohibit corrupt
practices whether undertaken by public officials or private actors
and identify and indemnify victims of corruption, both individuals
and groups, and establish appropriate means by which to secure
compensation for identifiable victims from disgorged funds.
(3) The State shall promote international peace, security and co-
operation, and the establishment of a just and equitable
international economic and social order and shall foster respect for
international law.
68. (1) It is the primary duty of the State, all State institutions and
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70. The provisions of this Chapter are not enforceable in any court or
tribunal
71. There shall be a President of the Republic of Sri Lanka, who shall be
the Head of State and the Commander-in-Chief of the Armed Forces.
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___, and who is not subject to any of the disqualifications set out in
Article ____ shall be qualified to be elected as the President.
(4) Upon the assumption of office, the President shall cease to hold
any other office created or recognized by the Constitution or any
other law, and if the President is a Member of Parliament or a
Provincial Council, shall vacate the seat in, Parliament or Provincial
Council, as the case may be, and shall not hold any other office or
place of profit whatsoever.
(5) During his tenure of office as President, the President shall not be
an office bearer of member of any political party, and shall not be
involved in party politics.
(c) to appoint the Prime Minister, the other Ministers of the Cabinet
of Ministers, Deputy Ministers and Governors of Provinces, as
provided by the Constitution ;
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(e) to keep the Public Seal of the Republic, and to make and execute
under the Public Seal, as provided by the Constitution, the acts of
appointment of the Prime Minister and other Ministers of the Cabinet
of Ministers, the Deputy Ministers, the Governors of Provinces, the
Chief Justice of the Supreme Court, the President of the
Constitutional Court, and the President of the Court of Appeal, the
other Judges of the Supreme Court, Constitutional Court and the
Court of Appeal and the Judges of the High Courts, such grants and
dispositions of lands and immovable property vested in the Republic
as the President is by law required or empowered to do, and to use
the Public Seal for sealing all things whatsoever that shall require
that Seal;
(i) to do all such acts and things, not being inconsistent with the
provisions of the Constitution or written law as by international law,
custom or usage a Head of State is required or authorized to do.
75. (1) The President may, in the case of any offender convicted of any
offence in any court within the Republic-
(b) grant any respite either indefinite or for such period as the
President may think fit, of the execution of any sentence passed on
such offender;
(d) remit the whole or any part of any punishment imposed, or of any
penalty or forfeiture otherwise due to the Republic, on account of
such offence.
(2) The President shall exercise power under paragraph (1) of this
Article in consultation with a committee consisting of the Chief
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(3) The President may in the case of any person who is or has become
subject to any disqualification specified in any law relating to the
election of Members of Parliament and Members of Provincial
Councils, subject to the approval of his recommendation by the
Prime Minister-
76. (1) While any person holds office as President of the Republic of Sri
Lanka, no civil or criminal proceedings shall be instituted or
continued against the President in respect of anything done or
omitted to be done by the President, either in his official or private
capacity:
(2) Where provision is made by law limiting the time within which
proceedings of any description may be instituted against any person,
a period of time during which such person holds the office of
President of the Republic of Sri Lanka shall not be taken into
account in calculating any period of time prescribed by that law.
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(3) Parliament may by resolution increase, but shall not reduce, the
salary, allowances or pension entitlement respectively, of the holder
of the office of President.
78. (1) Subject to the provisions of paragraph (2) of this Article, the
President shall hold office for a period of five years commencing
with the date on which the President assumes office
Provided that, notwithstanding the expiration of this period, the
President shall remain in office until the next President assumes
office.
Provided further that, notwithstanding that a period of five years has
not lapsed, such person shall cease to hold office upon the next
Parliament appointing a President.
(2) Any person who has been twice elected to the office of President
in accordance with the provisions of this Chapter and / or in
accordance with any previous Constitution, shall not be qualified
thereafter to be elected to such office by Parliament.
(3) The office of President of the Republic of Sri Lanka shall become
vacant –
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79. The President shall always, except in the case of the appointment of
the Prime Minister or as otherwise required by the Constitution, act
on the advice of the Prime Minister.
80. (1) Whenever the President is prevented by illness or any other cause
from performing the duties of the office of President, or is absent
from the Republic, or during any period in which the office of
President is otherwise vacant, Parliament may appoint a person to act
in the office of President for such period.
81. (1) There shall be a Cabinet of Ministers charged with the direction
and control of the Government of the Republic.
Provided that where a political party has obtained more than fifty
percent of the total number of seats in Parliament, and where such
party had nominated its Prime Ministerial candidate at the time of
tendering of nominations, and where such Prime Ministerial
candidate is a Member of Parliament, the President shall appoint
such person as Prime Minister without the requirement of an election
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by Parliament.
(5) The Prime Minister shall, unless he ceases to hold office earlier,
hold office until a Prime Minister is appointed pursuant to the
declaration of results pursuant to the General Election held for the
election of the succeeding Parliament.
82. (1) The Prime Minister shall specify the number of Ministers of the
Cabinet of Ministers and the Ministries and the assignment of
subjects and functions to such Ministers.
(2) The President shall, acting on the advice of the Prime Minister,
which advice may be given at any time, appoint from among
Members of Parliament, Ministers, to be in charge of the Ministries
so determined.
(3) The President shall, acting on the advice of the Prime Minister,
which advice may be given at any time, change the assignment of
subjects and functions and the composition of the Cabinet of
Ministers. Such changes shall not affect the continuity of the Cabinet
of Ministers and the continuity of its responsibility to Parliament.
83. (1) The President shall, acting on the advice of the Prime Minister,
appoint from among Members of Parliament, Ministers who shall not
be members of the Cabinet of Ministers.
(2) The President shall, acting on the advice of the Prime Minister,
specify the assignment of subjects and functions to Ministers
appointed under paragraph (1) of this Article and the Ministries, if
any, which are to be in charge of, such Ministers.
(3) The President shall, acting on the advice of the Prime Minister
which advice may be given at any time, change any assignment
made under paragraph (2).
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84. (1) The President shall, acting on the advice of the Prime Minister,
appoint from among Members of Parliament, Deputy Ministers to
assist Ministers of the Cabinet of Ministers in the performance of
their duties.
(2) The President shall, acting on the advice of the Prime Minister,
which advice may be given at any time, change any assignment
made under paragraph (1) of this Article.
(2) The Prime Minister shall continue to hold office throughout the
period during which the Cabinet of Ministers continues to function
under the provisions of the Constitution unless he –
(a) resigns his office by a writing under his hand addressed to the
President; or
(b) ceases to be a Member of Parliament.
87. In the event of the Prime Minister ceasing to hold office by death,
resignation or otherwise, except during the period intervening
between the dissolution of Parliament and the conclusion of the
General Election, the Cabinet of Ministers shall, unless the President
has in the exercise of his powers under Article AAA, dissolved
Parliament, stand dissolved and the President shall appoint a Prime
Minister, Ministers of the Cabinet of Ministers, Ministers who are
not members of the Cabinet of Ministers and Deputy Ministers in
terms of Articles AAA:
Provided that if after the Prime Minister so ceases to hold office,
Parliament is dissolved, the Cabinet of Ministers shall continue to
function with the other Ministers of the Cabinet as its members, until
the conclusion of the General Election. The President may appoint
one such Minister to exercise, perform and discharge the powers,
duties and functions of the Prime Minister, and the provisions of
Article AAA shall, mutatis mutandis, apply.
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90. (1) There shall be a Secretary to the Cabinet of Ministers who shall
be appointed by the Prime Minister.
91. (1) There shall be a Secretary to the Prime Minister who shall be
appointed by the Prime Minister.
(2) The Secretary shall have charge of the office of the Prime
Minister and shall perform and discharge the duties and functions of
his office, subject to the directions of the Prime Minister.
92. (1) There shall be a Secretary for every Ministry of a Minister of the
Cabinet of Ministers, who shall be appointed by the Prime Minister.
(4) The Secretary to a Ministry shall cease to hold office upon the
dissolution of the Cabinet of Ministers under the provisions of the
Constitution or upon a determination by the President under Article
AAA which results in the Ministry ceasing to exist.
(5) For the purposes of this Article, the office of the Secretary to the
President, the office of the Secretary to the Cabinet of Ministers, the
office of the Auditor-General, the office of the Parliamentary
Commissioner for Administration (Ombudsman), the office of the
Secretary-General of Parliament, the Constitutional Council, and the
Commissions referred to in the Schedule to Article AAA shall be
deemed not to be departments of Government.
93. Every person appointed to any office referred to in this Chapter shall
not enter upon the duties of his office until he takes and subscribes
the oath, or makes and subscribes the affirmation, set out in the
_________________ Schedule.
94. (1) The Cabinet of Ministers may formulate National Policy on any
subject.
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95. The Legislature shall comprise of the Parliament and the Second
Chamber.
CHAPTER X - PARLIAMENT
96. There shall be a Parliament which shall consist of two hundred and
thirty three Members elected in accordance with the provisions of the
Constitution.
98. Except for the purpose of electing the Speaker, no Member shall sit
or vote in parliament until he has taken and subscribed the following
oath, or made and subscribed the following affirmation, before
Parliament
“I …… do solemnly declare and affirm / swear that I will uphold
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99. (1) Parliament shall, at its first meeting after a General Election,
elect three Members to be respectively the Speaker, the Deputy
Speaker and Chairman of Committees (hereinafter referred to as the
“Deputy Speaker”) and the Deputy Chairman of Committees thereof.
101. (1) Immediately after the election of the Speaker, Deputy Speaker
and Deputy Chairman of Committees, resolution of confidence in the
Member appointed as Prime Minister shall be moved.
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President, and in the event of his not been sworn in within seven
days of such election, shall be deemed to have been sworn in as
Prime Minister, at the end of such period of seven days.
Provided further that where a political party has obtained more than
fifty percent of the total number of seats in Parliament, and where
such party had nominated its Prime Ministerial candidate at the time
of tendering of nominations, and where such Prime Ministerial
candidate is a Member of Parliament, the President shall appoint
such person as Prime Minister, and in such event a resolution of
confidence in such Prime Minister shall not be required.
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(3) In the first two years of the Parliament, in the event that the
government is unable to secure the passage of an annual
Appropriation Bill after three attempts, the President shall dissolve
Parliament.
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(4) After the first two years of the Parliament, in the event that the
government is unable to secure the passage of an annual
Appropriation Bill after two attempts, the President shall dissolve
Parliament.
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111. There shall be a Second Chamber which shall consist of fifty five
Members appointed and elected in accordance with the provisions of
the Constitution.
112. The term of every Member of the Second Chamber shall, in the case
of a Member nominated by a Provincial Council, unless recalled by
the Provincial Council, correspond to his term of the relevant
Provincial Council from which he is nominated, and in the case of
Members nominated by Parliament, correspond to the term of the
respective Parliament.
113. Except for the purpose of electing the Speaker, no Member shall sit
or vote in the Second Chamber until he has taken and subscribed the
following oath, or made and subscribed the following affirmation,
before the Second Chamber
“I …… do solemnly declare and affirm / swear that I will uphold
and defend the Constitution of the Democratic Socialist Republic of
Sri Lanka.”
114. (1) The Second Chamber shall, at its first meeting elect two
Members to be respectively the Speaker and the Deputy Speaker
thereof.
117. The seat of a Member of the Second Chamber shall become vacant –
(a) upon his death ;
(b) If, by a writing under his hand addressed to the Secretary-
General of the Second Chamber, he resigns his seat ;
(c) upon his assuming the office of President;
(d) if he becomes subject to any disqualification specified in Article
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AAA ;
(e) if he ceases to be a Member of the Provincial Council from
which he was nominated;
(f) if, without the leave of the Second Chamber first obtained, he
absents himself from the sittings of the Second Chamber during
a continuous period of three months ;
(g) if, in the case of Members nominated by a Provincial Council,
the entire delegation of nominees of such Provincial Council is
recalled by such Provincial Council, by a resolution adopted by
a simple majority of the whole number of Members of such
Provincial Council (including those not present and voting)
118. (1) Members, including the Speaker, and the Deputy Speaker shall
be paid such remuneration or allowance corresponding to that
provided by Parliament, by law or by resolution, to the remuneration
or allowance payable to the Speaker, Deputy Speaker and Members
of Parliament, and the receipt thereof shall not disqualify the
recipient from sitting or voting in the Second Chamber.
119. The Second Chamber shall have power to act notwithstanding any
vacancy in its membership and its proceedings shall be valid
notwithstanding that it is discovered subsequently that a person who
was not entitled so to do sat or voted or otherwise took part in the
proceedings.
120. The Second Chamber may adjourn from time to time as it may
determine by resolution or Standing Order, until it is dissolved.
122. If at any time during a meeting of the Second Chamber the attention
of the person presiding is drawn to the fact that there are fewer than
seven Members present, the person presiding shall, subject to any
Standing Order, adjourn the sitting without question put.
124. The Second Chamber shall exercise such other oversight and other
functions as may be provided by the Constitution, by law, or by the
Standing Orders of Parliament.
125. The Legislature has exclusive power to make laws, for the whole or
any part of the territory of the Republic, including laws having
retrospective effect, with respect to any of the matters enumerated in
List I of the AAAXX Schedule (referred to as the “National List”.).
126. (1) The Legislature shall not abdicate or in any manner alienate its
legislative power and shall not set up any authority with any
legislative power.
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(b) to make by order any law or any part thereof applicable to any
locality or to any class of persons ; and
(c) to create a legal person, by an order or an Act.
in sub-paragraphs (a) and (b) of this paragraph, “law” includes
existing law.
(4) Any existing law containing any such provision as aforesaid shall
be valid and operative.
127. (1) Every Bill shall be published in the Gazette at least fourteen days
before it is placed on the Order Paper of Parliament.
128. Forthwith upon a Bill being tabled in Parliament, such Bill shall be
referred to the Second Chamber, and placed on the Order Paper of
the Second Chamber, at the next sitting of the Second Chamber.
129. The Second Chamber shall consider such Bill, and shall return such
Bill back to Parliament within one month of such Bill having being
referred to the Second Chamber .
130. When the Second Chamber returns such Bill to Parliament, it may
specify areas which, in its opinion, reconsideration is necessary.
131. Prior to enacting the Bill into law, Parliament shall give due
consideration to the views of the Second Chamber.
132. The Legislature may make laws, for the whole or any part of the
territory of the Republic, including laws having retrospective effect,
with respect to any of the matters enumerated in List II of the
AAAXX Schedule (referred to as the “Provincial List”), provided
that:
(a) All Provincial Councils agree to the enactment of such law; or
(b) Such law is enacted upon approval by the People at a
Referendum, in addition to obtaining the approval of a two-thirds
majority of the whole number of Members (including those not
present) of Parliament and the Second Chamber.
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133. All laws of Parliament with respect to any matter enumerated in the
Provincial List, in force on the date immediately prior to the coming
into operation of this Constitution shall continue to remain in force
in respect of each Province, until amended or repealed by the
enactment of a Provincial Statute on any such matter by such
Provincial Council.
134. The Legislature may make laws, for the whole or any part of the
territory of the Republic, including laws having retrospective effect,
with respect to any of the matters enumerated in List III of the
AAAXX Schedule (referred to as the “Concurrent List”), after such
consultation with all Provincial Councils.
Provided that the enactment of legislation under this Article shall not
deprive the respective Provinces of their legislative and executive
competence.
135. All laws of Parliament with respect to any matter enumerated in the
Concurrent List, in force on the date immediately prior to the coming
into operation of this Constitution shall continue to remain in force
in respect of each Province.
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138. (1) Where a Bill becomes law upon the Certificate of the Speaker of
Parliament, and / or the Speaker of the Second Chamber, and / or the
certificate of the President, as the case may be, being endorsed
thereon, no court or tribunal, other than the Constitutional Court,
shall inquire into, pronounce upon or in any manner call in question,
the validity of such Act on any ground whatsoever.
(2) The provisions of this Article shall not affect the jurisdiction of
the Constitutional Court to determine, whether or not any Act of
Parliament (or any provision thereof), other than a Constitutional
Amendment, passed prior to, or after, the commencement of the
Constitution is inconsistent with any provision of the Constitution.
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the Court, operate prospectively, and not affect any accrued rights of
parties, other than parties before Court.
141. (1) Any Bill for the amendment of any provision of the Constitution
shall not be placed on the Order Paper of Parliament unless the
provision to be repealed, altered or added, and consequential
amendments, if any, are expressly specified in the Bill and is
described in the long title thereto as being an Act for the amendment
of the Constitution.
(2) Any Bill for the repeal of the Constitution shall not be placed on
the Order Paper of Parliament unless the Bill contains provisions
replacing the Constitution and is described in the long title thereof as
being an Act for the repeal and replacement of the Constitution.
this Article, the Speaker shall direct that such Bill be not proceeded
with, unless it is amended so as to comply with those requirements.
142. (1) Forthwith upon any Bill for the amendment of the Constitution
being placed on the Order Paper of Parliament, the Speaker of
Parliament shall refer such Bill to the Constitutional Court.
(2) The Constitutional Court shall, within six weeks of the said
reference, and after such hearing as it shall deem necessary, make a
determination as to whether, in addition to the special majorities of
Parliament and the Second Chamber, required for the enactment of
the Bill, it also requires to be approved by the People at a
Referendum prior to being enacted into law, and communicate such
determination to the Speaker of Parliament and the Speaker of the
Second Chamber.
(4) Where the Constitutional Court has determined that such Bill
also requires to be approved by the People at a Referendum prior to
being enacted into law, such Bill shall not be enacted into law unless
so approved by the People at a Referendum.
(5) Where the Cabinet of Ministers has certified that any Bill or any
provision thereof is intended to be submitted for approval by the
People at a Referendum, in addition to obtaining the approval of a
two-thirds majority of the whole number of Members (including
those not present) of Parliament and the Second Chamber, it shall
not be necessary to refer such Bill to the Constitutional Court in
terms of this Article.
143. A Bill for the amendment of any provision of the Constitution or for
the repeal and replacement of the Constitution shall only become law
if:
(a) the number of votes cast in favour thereof in Parliament amounts
to not less than two thirds of the whole number of Members of
Parliament (including those not present) and upon a certificate to
such effect being endorsed thereon in accordance with the
provisions of Article AAA by the Speaker of Parliament; and
(b) the number of votes cast in favour thereof in the Second
Chamber amounts to not less than two thirds of the whole
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144. Any provision in any law shall not, or shall not be deemed to,
amend, repeal or replace the Constitution or any provision thereof, or
be so interpreted or construed, unless enacted in accordance with the
requirement of Article AAA.
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addition.
147. (1) The President shall, once every fifteen years, for the delimitation
of electoral districts and electoral constituencies, establish a
Delimitation Commission consisting of five persons appointed by
him, on the recommendation of the Constitutional Council, who he is
satisfied are not actively engaged in politics. The President, on the
recommendation of the Constitutional Council, shall appoint one of
such persons to be the Chairman.
Provided that the first such Delimitation Commission shall be
established within three months of the coming into operation of this
Article.
148. The Delimitation Commission shall divide the nine Provinces into
Electoral Constituencies, and shall assign names, thereto.
Provided that the total number of Electoral Constituencies shall be
not less than __________ and not more than one hundred and forty
(140).
150. (1) In the event of a difference of opinion among the members of the
Delimitation Commission, the opinion of the majority thereof shall
prevail and shall be deemed to be the decision of the Commission.
Where each member of the Commission is of a different opinion, the
opinion of the Chairman shall be deemed to be the decision of the
Commission.
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154. (1) The total number of electors whose names appear in the registers
of electors of all the Provinces shall be divided by two hundred and
sixteen (216). The whole number resulting from such division (any
fraction not being taken into account) is hereinafter referred to in this
Article as the "qualifying number"
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(6) For the purposes of this Article "the register of electors" means
the register of electors for the time being in operation on the basis of
which an election is being held.
155. (1) The total number of Members which each individual Province is
entitled to return shall comprise of:
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(a) the names of each candidate, or the candidates, as the case may
be, nominated in respect of each Electoral Constituency, and
(4) Each elector whose name appears in the register of electors shall
be entitled to vote in respect of only one Electoral Constituency
notwithstanding that his name appears in the electoral register in
more than one Province and / or electoral constituency as the case
may be.
(5) The total valid votes cast from the Province shall be divided by
the total number of members to be elected for that Province as set
out in sub-paragraph (1) of this Article. If the number resulting from
such division is an integer, that integer, or if that number is an
integer and fraction, the integer immediately higher to that integer
and fraction is hereinafter referred to in this Article as the" resulting
number".
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(8) Each recognized political party and independent group within the
Province shall be entitled to return such number of Members to
Parliament as declared in terms of sub-Articles (6) and (7) of this
Article.
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(11) For the purposes of this Article the number of valid votes cast
shall be deemed to be the number of votes counted other than
rejected votes.
157. (1) After the two hundred and sixteen (216) Members referred to in
Article AAA have been declared elected at a General Election of
Members of Parliament, the Election Commission shall forthwith
apportion a further seventeen (17) seats among the recognized
political parties and independent groups contesting such General
Election as set out in this Article.
(2) A further twelve (12) seats shall be divided among the parties
and independent groups, and the number of seats to which each such
party or group is entitled shall be obtained in the following manner:
(a) The total valid votes polled in all Provinces by all recognized
political parties and independent groups shall be divided by two
hundred and twenty eight (228). If the number resulting from
such division is an integer, that integer, or if that number is an
integer and fraction, the integer immediately higher to that
integer and fraction is hereinafter in this Article referred to as the
"resulting number".
Provided that in the event that in the event that any party has
secured more seats than its entitlement in terms of this sub-
paragraph, due to being the beneficiary of overhanging seats in
any Provinces, the total amount of seats it has received in all
Provinces shall be recorded as the amount of such party’s
entitlement.
(c) The total valid votes polled in all Provinces by all recognized
political parties and independent groups shall be divided by a
sum equivalent to two hundred and twenty eight (228) reduced
by a number corresponding to the number by which the
entitlement of any such party or groups specified in the first
proviso to sub-paragraph (b) have received in excess of their
entitlement. If the number resulting from such division is an
integer, that integer, or if that number is an integer and fraction,
the integer immediately higher to that integer and fraction is
hereinafter in this Article referred to as the "resulting number".
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(g) The Elections Commission shall declare that each such political
party or independent group is entitled to return an additional
number of Members equivalent to the total number of Members
calculated in terms of this Article, less the number of Members
already declared elected from the lists of such party or group in
the Provinces.
(4) The party or independent group which secured the most valid
votes throughout the country shall be entitled to an additional five
(5) seats (hereinafter referred to as ‘Bonus Seats’);
The Elections Commission shall declare elected five Members from
the list furnished by such recognized political party or independent
group in terms of Article AAA in the numerical order in which such
names appear in the said list, after accounting for any Members
already declared elected from such list.
158. (1) A candidate shall not be entitled to have contest from more than
one party or independent group.
(2) A candidate shall not be entitled to contest on the lists of more
than one Province;
(3) A candidates may contest an Electoral Constituency while also
appearing on the list submitted by such Party or group in terms of
Article AAA in respect of the same Province, and may also appear
on the National List of such Party or independent group.
159. (1) Parliament shall by law make provision for the conduct of the
election of Members of Parliament.
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vacancy.
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161. (1) Each Provincial Council shall be entitled to return five (5)
Members (including the Chief Minister) from and out of the
Members of such Provincial Council, to the Second Chamber
(hereinafter referred to as the ‘Provincial Delegation’).
(2) Four Members other than the Chief Minister shall be elected by
each such Provincial Council on the basis of a single transferable
vote of the Members of such Provincial Council / procedure
provided by Parliament by law.
Provided that, the four members other than the Chief Minister so
elected should not be members of the Board of Ministers.
(4) The persons nominated in terms of this Article shall function for
the duration of the respective Provincial Council, unless they cease
to hold such office by virtue of death, resignation, vacation of their
seats in the relevant Provincial Council, or recall by the Provincial
Council, as specified in Article AAA.
Provided that the Provincial Delegation shall continue to function as
Members of the Second Chamber until the next Provincial Council
shall determine its delegation in terms of this Article.
162. (1) Ten (10) Members (who shall not be Members of Parliament of
Members of any Provincial Council) shall be elected to the Second
Chamber, by the Members of Parliament on the basis of a single
transferable vote of the Members of Parliament.
(4) The persons elected in terms of this Article shall hold office for
the duration of the Parliament which elected them, unless they cease
to hold such office by virtue of death or resignation.
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Provided further that at least one week’s notice shall be given to all
Members of such Provincial Council prior to a vote on any such
resolution.
164. (1) The President shall submit to the People by Referendum every
Bill or any provision in any Bill which the Cabinet of Ministers has
certified as being intended to be submitted to the People by
Referendum, or which the Constitutional Court has determined as
requiring the approval of the People at a Referendum if the number
of votes cast in favour of such Bill amounts to not less than two-
thirds of the whole number of Members of Parliament (including
those not present) and not less than two-thirds of the whole number
of Members of the Second Chamber (including those not present).
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(2) Any Bill or any provision in any Bill submitted to the People by
Referendum shall be deemed to be approved by the People if
approved by an absolute majority of the valid votes cast at such
Referendum :
Provided that when the total number of valid votes cast does not
exceed two-thirds of the whole number of electors entered in the
register of electors, such Bill shall be deemed to be approved only if
approved by not less than one-third of the whole number of such
electors.
165. The President may, subject to the provisions of Article AAA, submit
to the People by Referendum any matter which in the opinion of the
President is of national importance.
166. The President shall submit to the People by Referendum any matter
which he is requested by the Prime Minister, pursuant to a decision
of the Cabinet of Minister, to submit to the People by Referendum.
(2) Parliament shall by law provide for all matters relating to the
procedure for the submission of Bills and of matters of national
importance to the People by Referenda, the register of electors to be
used at a Referendum, the creation of offences relating thereto and
the punishment therefor and, all other matters necessary or incidental
thereto, and until Parliament so provides, the provisions of the
Referendum Act, No. 7 of 1981 shall, mutatis mutandis, apply.
(d) subject to paragraph (2), if the person is serving or has during the
period of seven years immediately preceding completed the serving
of a sentence of imprisonment (by whatever name called) for a term
not less than six months imposed after conviction by any court for an
offence punishable with imprisonment for a term not less than two
years, or is under sentence of death, or is serving or has during the
period of seven years immediately preceding completed the serving
of a sentence of imprisonment for a term not less than six months
awarded in lieu of execution of such sentence;
(e) if a period of seven years has not elapsed since –
(i) the last of the dates, if any, of the person being convicted of
any offence under sections ________ of the Parliamentary
Elections Act, No. 1 of 1981, or of such offence under the
law for the time being relating to Referenda or to the election
of, the President, or of Members of Parliament or of
Members of Provincial Councils, as would correspond to an
offence under either of the said two sections;
(ii) the last of the dates, if any, of the person being convicted of a
corrupt practice under the Parliamentary Elections Act, No. 1
of 1981, or of such offence under the law for the time being
relating to Referenda or the election of, the President, or of
Members of Parliament or of Members of Provincial
Councils, as would correspond to the said corrupt practice;
(iii) the last of the dates, if any, being a date after the
commencement of the Constitution, of a report made by a
Judge finding the person guilty of any corrupt practice under
the Parliamentary Elections Act, No. 1 of 1981, or under any
law for the time being relating to Referenda, or the election
of, Members of Parliament or of Members of Provincial
Councils; or
(iv) the last of the dates, if any, of the person being convicted or
being found guilty of bribery under the provisions of the
Bribery Act or of any future Act, as would correspond to the
Bribery Act;
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1 of 1981, or of such offence under the law for the time being
relating to Referenda, or the election of, Members of
Parliament or of Members of Provincial Councils, as would
correspond to the said illegal practice;
(ii) the last of the dates, if any, being a date after the
commencement of the Constitution, of a report made by a
Judge finding the person guilty of any illegal practice under
the Parliamentary Elections Act, No. 1 of 198 1, or under any
law for the time being relating to Referenda, or the election
of,
Members of Parliament or of Members of Provincial Councils;
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paragraph (2).
(c) if the person is a citizen of Sri Lanka who has, at any time
during the period of twelve months preceding the first date
specified for tendering of nominations in respect of such election,
been a citizen of any other country (regardless of whether or not
such person was also a citizen of Sri Lanka at the time of being a
citizen of another country);
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(i) if the person has any interest in any such contract made by or on
behalf of the State or a public corporation as Parliament shall by
law prescribe;
(k) if during the preceding seven years the person has been
adjudged by a competent court or by a Special Presidential
Commission of Inquiry to have accepted a bribe or gratification
offered with a view to influencing the person’s judgement as a
Member of Parliament or as a Member of a Provincial Council;
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173. (1) Subject to paragraph (2) of this Article, Parliament may by law
make provision for
(a) the registration of electors;
(b) the prescribing of a qualifying date on which a person should be
resident in any Province to be entered in the register of electors
of that Province;
(c) the prescribing of a qualifying date on which a person should
have attained the age of eighteen years to qualify for the
purposes of registration as an elector;
(d) the preparation and revision of registers of electors;
(e) the procedure for the election of Members of Parliament and of
Members of Provincial Councils;
(f) the creation of offences relating to such elections and the
punishment therefore;
(g) the grounds for avoiding such elections, and where an election
has been held void, the manner of holding fresh elections,
(h) the form and manner in which vacancies shall be filled; or
(i) the manner of determination of disputed elections and such other
matters as are necessary or incidental to the election of Members
of Parliament and of Members of Provincial Councils.
(2) Any law referred to in paragraph (1) of this Article shall not add to
the disqualifications specified in Articles AAA and AAA.
(3) Until Parliament by law makes provision for such matters, the
Parliamentary Elections Act, No. I of 1981 and the Provincial Councils
Elections Act, No. 2 of 1988, as amended from time to time, shall,
subject to the provisions of the Constitution, mutatis mutandis, apply
to the election of Members of Parliament and to the election of
Members of Provincial Councils.
174. (1) Subject to the provisions of the Constitution, the institutions for
the administration of justice, and which protect, vindicate and enforce
the rights of the People shall be -
(a) the Constitutional Court of the Republic Sri Lanka
(b) the Supreme Court of the Republic of Sri Lanka,
(c) the Court of Appeal of the Republic of Sri Lanka,
(d) the High Court of the Republic of Sri Lanka and such other
Courts of First Instance, tribunals or such institutions as
Parliament may from time to time ordain and establish.
(2) All courts, tribunals and institutions created and established by
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existing written law for the administration of justice and for the
adjudication and settlement of industrial and other disputes, other than the
Constitutional Court and the Supreme Court, shall be deemed to be courts,
tribunals and institutions created and established by Parliament.
Parliament may by law replace or abolish, or, amend the powers, duties,
jurisdiction and procedure of such courts, tribunals and institutions.
(3) The Constitutional Court of the Republic of Sri Lanka, the Supreme
Court of the Republic of Sri Lanka and the Court of Appeal of the
Republic of Sri Lanka shall each be a superior court of record and shall
have all the powers of such court including the power to punish for
contempt of itself, whether committed in the court itself or elsewhere,
with imprisonment or fine or both as the court may deem fit. The power of
the Court of Appeal shall include the power to punish for contempt of any
other court, tribunal or institution referred to in paragraph (1) (d) of this
Article, whether committed in the presence of such court or elsewhere:
Provided that the preceding provisions of this Article shall not prejudice
or affect the rights now or hereafter vested by any law in such other court,
tribunal or institution to punish for contempt of itself.
176. (1) All Courts shall be independent and subject only to the
Constitution and the law, which shall be applied impartially and
without fear, favour or prejudice.
(2) The President of the Constitutional Court, the Chief Justice, the
President of the Court of Appeal and every other Judge, of the
Constitutional Court, Supreme Court and Court of Appeal shall be
appointed by the President of the Republic by warrant under his hand on
the recommendation of the Constitutional Council.
(3) The Constitutional Council shall, within three months of this
Constitution coming into operation, formulate and publish in the Gazette
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(3) In the event the Constitutional Council finds a prima facie case to have
been established, the Constitutional Council shall refer the allegations to a
Panel of three former Judges of the Constitutional Court, Supreme Court
or Court of Appeal appointed by the Constitutional Council for that
purpose, who shall inquire into the allegations. In the case of an inquiry
into the President of the Constitutional Court or the Chief Justice, the
Panel shall comprise sitting or former Judges of the highest court in any
other Commonwealth state.
(4) The Constitutional Council shall formulate Rules pertaining to the
procedure to be followed at the said inquiry.
(5) The Panel shall have the power to summon any person or document
relevant to the inquiry, and may, subject to a person’s fundamental rights,
compel a person to provide testimony on oath.
(6) The willful failure to comply with a summons issued in terms of sub-
paragraph (5) above shall amount to contempt against the authority of the
Panel, and be punishable by the Supreme Court, as for contempt of the
Supreme Court.
(7) The Panel shall pursuant to its inquiry, forward a Report to the
Constitutional Council, and where it has reached a finding of misconduct,
incapacity or intentional violation of the Constitution warranting removal
by the Judge concerned, shall communicate such finding to the
Constitutional Council with a recommendation that the Judge be removed.
(8) Where the Panel does not recommend that a Judge be removed, the
Constitutional Council shall not take any further action with respect to the
Judge.
(9) Where the Panel recommends the removal of the Judge, the
Constitutional Council shall refer such case to Parliament and Parliament
may thereafter, by a resolution passed by a simple majority of the whole
number of Members of Parliament (including those not present) request
the President to remove the Judge. Upon receipt of such a resolution the
President shall remove such Judge.
178. (1) The salaries of the Judges of the Constitutional Court, Supreme
Court and of the Court of Appeal shall be determined by Parliament
and shall be charged on the Consolidated Fund.
(2) The salary payable to, and the Pension entitlement of, a Judge of the
Constitutional Court, the Supreme Court and a Judge of the Court of
Appeal shall not be reduced after his appointment.
179. (1) If the President of the Constitutional Court, the Chief Justice or
the President of the Court of Appeal is temporarily unable to exercise,
perform and discharge the powers, duties and functions of his office,
by reason of illness, absence from Sri Lanka or any other cause, the
President shall on the recommendation of the Constitutional Council
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(2) No person who has held office as a permanent Judge of the Supreme
Court or of the Court of Appeal may appear, plead, act or practise in any
court, tribunal or institution as an attorney-at-law at any time, other than in
exceptional circumstances with the approval of the Constitutional Council.
(3) No retired Judge of the Supreme Court or Court of Appeal may accept
any paid or unpaid function in the State sector within two years of his
retirement or resignation as a Judge, other than in the training of other
Judges or academia.
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(9) The Constitutional Court may in its discretion grant to any other
person or his legal representative such hearing as may appear to the
Court to be necessary in the exercise of its jurisdiction.
183. (1) The Constitutional Court shall have sole and exclusive
jurisdiction to hear and determine any question relating to
(a) the interpretation of the Constitution;
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(2) The Constitutional Court shall determine such question within two
months of the date of reference and make any such consequential order as
the circumstances of the case may require.
184. The Constitutional Court shall have sole and exclusive jurisdiction
to determine any question as to whether any provision of a Bill for the
amendment of any provision of the Constitution, or for the repeal and
replacement of the Constitution; requires to be approved by the People
at a Referendum; in addition to being passed by Parliament in the
manner specified in Article AAA:
Provided that –
(a) in the case of a Bill described in its long title as being for the
amendment of any provision of the Constitution, or for the repeal
and replacement of the Constitution, the only question which the
Constitutional Court may determine is whether such Bill requires
approval by the People at a Referendum in addition to being
passed by Parliament and the Second Chamber, in the manner
specified in Article AAA;
(b) where the Cabinet of Ministers certifies that a Bill, which is
described in its long title as being for the amendment of any
provisions of the Constitution ; or for the repeal and replacement
of the Constitution, is intended to be passed by Parliament and the
Second Chamber, in the manner specified in Article AAA and
submitted to the People by Referendum, the Constitutional Court
shall have and exercise no jurisdiction in respect of such Bill.
185. The Constitutional Court shall have sole and exclusive jurisdiction
to determine any question as to whether any Act of Parliament, or
Statute of a Provincial Council, or any provision of such Act or
Statute, is inconsistent with the Constitution.
(2) There shall be no limitation on the time period within which such a
reference shall be made, or such petition shall be filed.
(2) Where the Constitutional Court determines that the Act, Statute, or
any provisions thereof are inconsistent with any provision of the
Constitution, it shall make order as specified in Article AAA or AAA
as the case may be.
188. (1) The Constitutional Court may review its own decisions.
(2) The Constitutional Court shall not be bound by its own previous
decisions, but shall in dealing with any matter, have regard to the
previous jurisprudence of the Court.
191. (1) The President of the Constitutional Court with any two other
judges of the Constitutional Court nominated by him, may, from time
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(2) Every rule made under this Article shall be published in the
Gazette and shall come into operation on the date of such
publication or on such later date as may be specified in such rule.
(3) All rules made under this Article shall as soon as convenient after
their publication in the Gazette be brought before Parliament for
approval. Any such rule which is not so approved shall be deemed
to be rescinded as from the date it was not so approved, but
without prejudice to anything previously done thereunder.
(4) The President and any two Judges of the Constitutional Court
nominated by him may amend, alter or revoke any such rules of
court and such amendment, alteration or revocation of the rules
will operate in the like manner as set out in the preceding
paragraph with reference to the making of the rules of court.
192. The Supreme Court of the Republic of Sri Lanka shall, subject to
the jurisdiction of the Constitutional Court, be the highest and final
superior Court of record in the Republic and shall subject to the
provisions of the Constitution exercise –
(a) final appellate jurisdiction;
(b) jurisdiction in referendum petitions;
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193. The Supreme Court shall consist of the Chief Justice and of not
less than ten and not more than fifteen other Judges who shall be
appointed as provided in Article AAA
194. The Supreme Court shall have power to act notwithstanding any
vacancy in its membership, and no act or proceeding of the Court shall
be, or shall be deemed to be, invalid by reason only of any such
vacancy or any defect in the appointment of a Judge.
195. (1) The Supreme Court shall, subject to the Constitution, be the
final Court of civil and criminal appellate jurisdiction for and within
the Republic of Sri Lanka for the correction of all errors in fact or in
law which shall be committed by the Court of Appeal or any Court of
First Instance, tribunal or other institution, except the Constitutional
Court, and the judgments and orders of the Supreme Court shall in all
cases be final and conclusive in all such matters.
(2) The Supreme Court shall, in the exercise of its jurisdiction, have
sole and exclusive cognizance by way of appeal from any order,
judgment, decree, or sentence made by the Court of Appeal, where any
appeal lies in law to the Supreme Court and it may affirm, reverse or
vary any such order, judgment, decree or sentence of the Court of
Appeal and may issue such directions to any Court of First Instance or
order a new trial or further hearing in any proceedings as the justice of
the case may require, and may also call for and admit fresh or
additional evidence if the interests of justice so demands and may in
such event, direct that such evidence be recorded by the Court of
Appeal or any Court of First Instance.
196. (1) An appeal shall lie to the Supreme Court from any final order,
Judgment, decree or sentence of the Court of Appeal in any matter or
proceedings, whether civil or criminal, which involves a substantial
question of law, if the Court of Appeal grants leave to appeal to the
Supreme Court ex mero motu or, at the instance of any aggrieved party
to such matter or proceedings;
(2) The Supreme Court may, in its discretion, grant special leave to
appeal to the Supreme Court from any final or interlocutory order,
judgment, decree, or sentence made by the Court of Appeal in any
matter or proceedings, whether civil or criminal, where the Court of
Appeal has refused to grant leave to appeal to the Supreme Court, or
where in the opinion of the Supreme Court, the case or matter is fit for,
review by the Supreme Court: Provided that the Supreme Court shall
grant leave to appeal in every matter or proceedings in which it is
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(3) An appeal shall lie directly to the Supreme Court on any matter and
in the manner specifically provided for by any other law passed by
Parliament.
197. The Supreme Court shall have the power to hear and determine
and make such orders as provided for by law on –
198. The Supreme Court shall have according to law the power to take
cognizance of and punish any person for the breach of the privileges of
Parliament.
200. (1) If at any time there should not be a quorum of the Judges of the
Supreme Court available to hold or continue any sittings of the Court,
the Chief Justice may with the previous consent of the Constitutional
Council request in writing the attendance at the sittings of the Court as
an ad hoc Judge, for such period as may be necessary, of the President
of the Court of Appeal or any Judge of the Court of Appeal.
(2) It shall be the duty of such a Judge who had been so requested, in
priority to other duties of his office, to attend the sittings of the
Supreme Court at the time and for the period for which his attendance
is required, and while so attending he shall have all the jurisdictions,
powers and privileges, and shall perform the duties, of a Judge of the
Supreme Court:
201. (1) The Attorney-General shall be noticed and have the right to be
heard in all proceedings in the Supreme Court in the exercise of its
jurisdiction under Articles AAA
(2) Any party to any proceedings in the Supreme Court in the exercise
of its jurisdiction shall have the right to be heard in such proceedings
either in person or by representation by an attorney-at-law.
(3) The Supreme Court may in its discretion grant to any other person
or his legal representative such hearing as may appear to the Court to
be necessary in the exercise of its jurisdiction under this Chapter.
203. (1) Subject to the provisions of the Constitution and of any law the
Chief Justice with any three Judges of the Supreme Court nominated
by him, may, from time to time, make rules regulating generally the
practice and procedure of the Court including –
(a) rules as to the procedure for hearing appeals and other matters
pertaining to appeals including the terms under which appeals to the
Supreme Court and the Court of Appeal are to be entertained and
provision for the dismissal of such appeals for non-compliance with
such rules ;
(b) rules as to the proceedings in the Supreme Court and Court of Appeal
in the exercise of the several jurisdictions conferred on such Courts by
the Constitution or by any law, including the time within which such
matters may be instituted or brought before such Courts and the
dismissal of such matters for non-compliance with such rules ;
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(e) rules providing for the summary determination of any appeal or any
other matter before such Court by petition or otherwise, which appears
to the Court to be frivolous and vexatious or brought for the purpose
of delay ;
(f) the preparation of copies of records for the purpose of appeal or other
proceedings in the Supreme Court and Court of Appeal ;
(i) the manner in which panels of jurors may be prepared, and the mode
of summoning, empanelling and challenging of jurors ;
(j) proceedings of Fiscals and other ministerial officers of such courts and
the process of such courts and the mode of executing the same ;
(l) all matters of practice and procedure including the nature and extent of
costs that may be awarded, the manner in which such costs may be
taxed and the stamping of documents in the Supreme Court, Court of
Appeal, High Court and Courts of First Instance not specially provided
by or under any law.
(3) All rules made under this Article shall as soon as convenient after their
publication in the Gazette be brought before Parliament for approval. Any
such rule which is not so approved shall be deemed to be rescinded as
from the date it was not so approved, but without prejudice to anything
previously done thereunder.
(4) The Rules of the Supreme Court existing at the time of the
commencement of the Constitution shall mutatis mutandis apply until
such time as the Supreme Court formulates Rules under the provisions of
this Chapter.
(5) The Chief Justice and any three Judges of the Supreme Court
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nominated by him may amend, alter or revoke any such rules of court and
such amendment, alteration or revocation of the rules will operate in the
like manner as set out in the preceding paragraph with reference to the
making of the rules of court.
204. (1) The Court of Appeal shall consist of the President of the Court
of Appeal and not less than thirty-five and not more than forty-five
other Judges who shall be appointed as provided in Article AAA
(2) The Court of Appeal shall sit in Colombo and in each of the other
Provinces. Each such Division of the Court of Appeal sitting in the
Provinces shall be known as the respective Provincial Court of Appeal.
(3) The President of the Court of Appeal may establish within the
Court of Appeal distinct Divisions of the Court to deal with specific
subject areas.
(4) The President of the Court of Appeal shall from time to time
appoint Judges of the Court of Appeal to each Division.
(5) The President of the Court of Appeal shall, in consultation with the
Chief Justice, within two months of this Constitution coming into
operation, formulate Rules pertaining to the division and allocation of
work between the Divisions of the Court of Appeal and incidental
matters thereto. The President of the Court of Appeal may at any time
alter or amend the said Rules in consultation with the Chief Justice.
205. (1) The Court of Appeal shall have and exercise subject to the
provisions of the Constitution or of any law, an appellate jurisdiction
for the correction of all errors in fact or in law which shall be
committed by the High Court, in the exercise of its appellate or
original jurisdiction or by any Court of First Instance, tribunal or other
institution and sole and exclusive cognizance, by way of appeal,
revision and restitutio in integrum, of all causes, suits, actions,
prosecutions, matters and things of which such High Court, Court of
First Instance tribunal or other institution may have taken cognizance :
(2) The Court of Appeal shall also have and exercise all such powers,
and jurisdiction, appellate and original, as Parliament may by law vest
or ordain.
206. (1) The Court of Appeal may in the exercise of its jurisdiction,
affirm, reverse, correct or modify any order, judgment, decreee or
sentence according to law or it may give directions to such Court of
First Instance, tribunal or other institution or order a new trial or
further hearing upon such terms as the Court of Appeal shall think fit.
(2) The Court of Appeal may further receive and admit new evidence
additional to, or supplementary of, the evidence already taken in the
Court of First Instance touching the matters at issue in any original
case, suit, prosecution or action, as the justice of the case may require.
207. (1) The Court of Appeal shall have sole and exclusive jurisdiction
to hear and determine any question relating to the infringement or
imminent infringement by executive or administrative action of any
fundamental right or language right declared and recognized by
Chapter III or Chapter IV.
(2) Where any person alleges that any such fundamental right or
language right relating to such person has been infringed or is about to
be infringed by executive or administrative action, he may himself or
by an attorney-at-law on his behalf, within one month thereof, in
accordance with such rules of court as may be in force, apply to the
Court of Appeal by way of petition in writing addressed to such Court
praying for relief or redress in respect of such infringement. Such
application may be proceeded with only with leave to proceed first had
and obtained from the Court of Appeal
(3) The Court of Appeal shall have power to grant such relief or make
such directions as it may deem just and equitable in the circumstance
in respect of any petition referred to in this Article.
(4) The Court of Appeal shall hear and finally dispose of any petition
or reference under this Article within two months of the filing of such
petition or the making of such reference.
(5) Parliament may by law provide that in any such category of cases
as may be specified in such law, the jurisdiction conferred on the
Court of Appeal by the preceding provisions of this Article shall be
exercised by the Supreme Court and not by the Court of Appeal
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Provided that Parliament may by law provide that in any such category
of cases as may be specified in such law, the jurisdiction conferred on
the Court of Appeal by the preceding provisions of this Article shall be
exercised by the Supreme Court and not by the Court of Appeal
Provided further that where in the course of any action under this
paragraph, any question of fact arises which is indispensable to the
resolution of the matter, the Court of Appeal may direct any Court of
First instance to inquire into and report upon such question of fact
subject to the directions of the Court of Appeal, or itself hear such
evidence as it considers necessary for the resolution of the matter.
209. The Court of Appeal may grant and issue orders in the nature of
writs of habeas corpus to bring up before such Court -
Provided that it shall be lawful for the Court of Appeal to require the
body of such person to be brought up before the most convenient
Court of First Instance and to direct the judge of such court to inquire
into and report upon the acts of the alleged imprisonment or detention
and to make such provision for the interim custody of the body
produced as to such court shall seem right; and the Court of Appeal
shall upon the receipt of such report, make order to discharge or
remand the person so alleged to be imprisoned or detained or
otherwise deal with such person according to law, and the Court of
First Instance shall conform to, and carry into immediate effect, the
order so pronounced or made by the Court of Appeal:
210. The Court of Appeal may grant and issue orders in the nature of
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211. The Court of Appeal shall have the power to grant and issue
injunctions to prevent any irremediable mischief which might ensure
before a party making an application for such injunction could prevent
the same by bringing an action in any Court of First Instance :
Provided that it shall not be lawful for the Court of Appeal to grant an
injunction to prevent a party to any action in any court from appealing
to or prosecuting an appeal to the Court of Appeal or to prevent any
party to any action in any court from insisting upon any ground of
action, defence or appeal, or to prevent any person from suing or
prosecuting in any court, except where such person has instituted two
separate actions in two different courts for and in respect of the same
cause of action, in which case the Court of Appeal shall have the
power to intervene by restraining him from prosecuting one or other of
such actions as to it may seem fit.
212. The Court of Appeal shall have and exercise jurisdiction to try
election petitions in respect of the election to the membership of
Parliament in terms of any law for the time being applicable in that
behalf.
Provided that -
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(3) The judgment of the Court of Appeal, shall when it is not a unanimous
decision, be the decision of the majority.
216. (1) There shall be a Judicial Service Commission (in this Chapter
referred to as the "Commission") which shall consist of the Chief
Justice who shall be the Chairman, the President of the Court of
Appeal and one other Judge of the Supreme Court appointed by the
President of the Republic on the recommendation of the Constitutional
Council.
(2) The quorum for any meeting of the Commission shall be two
members.
(5) The President may for cause assigned remove from office any
member of the Commission appointed by him on the recommendation
of the Constitutional Council.
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218. There shall be a Fiscal who shall be the Fiscal for the whole Island,
and shall exercise supervision and control over Deputy Fiscals
attached to all Courts of First Instance.
(3) Any judicial officer or scheduled public officer may resign his
office by writing under his hand addressed to the Chairman of the
Commission.
220. Every person who, otherwise than in the course of his duty,
directly or indirectly, by himself or by any other person, in any manner
whatsoever, influences or attempts to influence any decision of the
Commission or of any member thereof, shall be guilty of an offence
and shall, on conviction by the High Court after trial without a jury, be
liable to a fine not exceeding one million rupees or to imprisonment
for a term not exceeding one year or to both such fine and such
imprisonment:
Provided that nothing in this Article shall prohibit any person from
giving a certificate or testimonial to any applicant or candidate for any
judicial office.
221. (1) Every judge, presiding officer, public officer or other person
entrusted by law with judicial powers or functions or with functions
under this Chapter or with similar functions under any law enacted by
Parliament shall exercise and perform such powers and functions
without being subject to any direction or other interference proceeding
from any other person except a superior court, tribunal, institution or
other person entitled under law to direct or supervise such judge,
presiding officer, public officer or such other person in the exercise or
performance of such powers or functions.
222. There shall be a High Court of Sri Lanka, which shall exercise
such jurisdiction and powers as Parliament may by law vest or ordain.
224. (1) There shall be a division of the High Court of Sri Lanka sitting
in each Province with effect from the date on which this Chapter
comes into force. Each such High Court shall be designated as the
High Court of the relevant Province.
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(4) Every such High Court shall have jurisdiction to issue, according to
law –
(6) subject to the provisions of the Constitution and any law, any
person aggrieved by a final order, judgement or sentence of any such
Court, in the exercise of its jurisdiction under AAA may appeal there
from to the Court of Appeal in accordance with Article AAA.
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(6) The President shall, within fourteen days of the receipt of a written
communication specifying the nominations made under subparagraph
(f) and (g) of paragraph (1), appoint much persons as members of the
Council.
Provided that in the event of the President failing to make the
necessary appointments within such period of fourteen days, the
persons nominated shall be deemed to have been appointed as
members of the Council, with effect from the date of expiry of such
period.
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(f) and (g) of paragraph (1), shall hold office for a period of three years
from the date of appointment unless:
(a) the member earlier resigns his or her office by writing addressed
to the President, or
(b) is removed from office by the President on both the Prime
Minister and the Leader of the Opposition forming an opinion
that such member is physically or mentally incapacitated and is
unable to function further in office, is convicted by a court of law
for any offence involving moral turpitude or if a resolution for
the imposition of civic disability upon him has been passed in
terms of Article AAA of the Constitution or is deemed to have
vacated office in terms of Article AAA.
(12) The Council shall have the power to act notwithstanding the fact
that it has not been fully constituted or that there is a vacancy in its
membership, and no act, proceeding or decision of the Council shall be
or deemed to be invalid by reason only of the fact that the Council has
not been fully constituted or that there has been a vacancy in its
membership or that there has been any defect in the appointment of a
member.
(2) The Council may appoint such officers as it considers necessary for
the discharge of its functions, on such terms and conditions as shall be
determined by the Council.
228. (1) The Council shall meet at least twice every month, and as often
as may be necessary to discharge the functions assigned to the Council
by the provisions of this Chapter or by any other law, and such
meetings shall be summoned by the Secretary- General to the Council
on the direction of the Chairman of the Council.
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(2) The Chairman shall preside at all meetings of the Council and in
the absence of the Chairman, the Speaker of the Second Chamber, and
in the absence of the Speaker of the Second Chamber, the Prime
Minister, and in the absence of the Prime Minister, the Leader of the
Opposition of Parliament shall preside at the meetings of the Council.
When the Chairman, the Speaker of the Second Chamber, the Prime
Minister and the Leader of the Opposition are all absent from any such
meeting, the members present shall elect a member from among
themselves to preside at such meeting.
(3) The quorum for any meeting of the Council shall be six members.
(5) The Chairman or the other member presiding shall not have an
original vote, but in the event of an equality of votes on any question
for decision at any meeting of the Council, the Chairman or other
member presiding at such meeting, shall have a casting vote.
229. Any member of the Council appointed under sub-paragraphs (e), (f),
or (g) of paragraph (1) of Article AAA, who without obtaining prior
leave of the Council absents himself or herself from three consecutive
meetings of the Council, shall be deemed to have vacated office with
effect from the date of the third of such meetings.
231. (1) The Council shall, once in every three months, submit to the
President a report of its activities during the preceding three months,
such report shall also simultaneously be tabled in Parliament.
(2) The Council shall perform and discharge such other duties and
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(3) The Council shall have the power to make rules relating to the
performance and discharge of its duties and function. All such rules
shall be published in the Gazette and be placed before Parliament.
Provided that, until such time as the Council shall make rules, the
rules made by the Constitutional Council established by the
Constitution of the Democratic Socialist Republic of Sri Lanka 1978
as amended, shall mutatis mutandis apply.
(3) It shall be the duty of the Council to recommend to the President fit
and proper persons for appointment as Chairperson or members of the
Commissions specified in the Schedule to this Article, whenever the
occasion for such appointments arises, and such recommendations
shall endeavour to ensure that such recommendations reflect the
pluralistic character of Sri Lankan society, including gender.
Provided that in the case of the Chairperson of such Commissions, the
Council shall recommend three persons for appointment, and the
President shall appoint one of the persons recommended as
Chairperson.
(4) The President shall appoint the Chairperson and the members of
the Commissions specified in the Schedule to this Article, in
accordance with such recommendations, within fourteen days of
receiving the recommendations of the Council for such appointments.
Provided that in the event of the President failing to make the
necessary appointments within such period of fourteen days:-
(a) the persons recommended under paragraph (3), shall deemed to
have been appointed as the members of the Commissions; and
(b) the person whose name appears first in the list of names
recommended under paragraph (3), shall be deemed to have been
appointed as the Chairperson of the respective Commission,
with effect from the date of expiry of such period.
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(6) All the Commissions specified in the Schedule to this Article, and
the Chairpersons and Members thereof, other than the Elections
Commission and the Chairperson and Members thereof, shall be
responsible and answerable to Parliament.
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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 of Bribery or
Corruption.
(g) The Finance Commission.
(h) The Delimitation Commission.
(i) The National Procurement Commission.
(j) The University Grants Commission.
(k) The Official Languages Commission.
(l) The National Land Commission
235. (1) No person shall be appointed by the President to any of the Offices
specified in the Schedule to this Article, unless such appointment has
been approved by the Council upon a recommendation made to the
Council by the President.
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SCHEDULE
PART I
(a) The President and Judges of the Constitutional Court
(b) The Chief Justice and the Judges of the Supreme Court.
(c) The President and the Judges of the Court of Appeal.
(d) 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.
(f) The Secretary-General of the Second Chamber.
237. (1) There shall be established for every Province specified in the …
Schedule a Provincial Council.
(2) The Capital Territory of Sri Lanka shall consist of such area
within the Western Province as specified in the AAA Schedule of the
Constitution.
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241. (1) There shall be a Governor for every Province for which a
Provincial Council has been established under Article …..
(v) the removal of the Governor by the President, for any other
reason
office.
(7) The Governor may not hold office in, or be a member of any
political party, and shall refrain from engaging in party politics
during his tenure;
(8) The Governor shall dissolve the Provincial Council, if not less
than one-half of the Members of the Provincial Council (including
those not present) shall resolve that the Provincial Council be
dissolved.
(9) The Governor of a Province shall have the power to grant pardon
to any person convicted of an offence under a Statute made by the
Provincial Council of that Province or a law made by Parliament on
a matter in respect of which the Provincial Council has power to
makes Statutes, or to grant a respite or remission of punishment
imposed by court on any such person. Provided that the Governor
shall exercise the power under this paragraph only with the prior
approval of the Board of Ministers.
(10) The Governor may address the Provincial Council and may for
that purpose require the attendance of members.
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243. (1) There shall be a Board of Ministers with the Chief Minister as the
Head of the Board and not more than 6 other Ministers in respect of
each Province, to aid and advise the Governor of the Province in the
discharge of the functions of the Governor and the Governor shall, in
the discharge of those functions, act in accordance with such advice
except in so far as the Governor is by the Constitution specifically
required to discharge the functions otherwise.
(b) Where more than one half of the members elected to a Provincial
Council are members of one political party or independent group, the
Governor shall appoint the leader of that party or group in the
Council as Chief Minister, without the requirement of a vote as
specified in paragraph (a) of this Article.
(c) The Governor shall, on the advice of the Chief Minister appoint
from among members of the Provincial Council constituted for that
Province, the other Ministers;
(3) (a) Upon the death or resignation of the Chief Minister or where
the Chief Minister is deemed to have resigned, the Board of
Ministers shall stand dissolved, and the Governor shall, subject to
sub- paragraph (b) of paragraph (2) of this Article, appoint a Chief
Minister and a Board of Ministers in accordance with the provisions
of this Article.
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(7) Where there is a law with respect to any matter on the Provincial
Council List in force on the date on which this Chapter comes into
force and a Provincial Council established for a Province
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(2) The Governor shall either assent to such statute or return same
for re-consideration with his recommendations within fourteen days
of such referral.
Provided that if the Governor has failed to assent to same or return
same for re-consideration, the Statute shall be deemed to have been
assented to at the end of such period of fourteen days.
(3) If the Governor shall return the Statute for reconsideration, and
the Provincial Council enacts the statute, either with or without
incorporating such recommendations, the Governor shall assent to
same within fourteen days of the Statute being referred for his assent,
or shall refer the Statute to the Constitutional Court for a
consideration of constitutionality.
Provided that if the Governor has failed to assent to same or refer
same to the Constitutional Court, the Statute shall be deemed to have
been assented to at the end of such period of fourteen days.
246. (1) Where a Statute is assented to, no court or tribunal, other than the
Constitutional Court, shall inquire into, pronounce upon or in any
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(2) The provisions of this Article shall not affect the jurisdiction of
the Constitutional Court to determine, whether or not any Statute of
a Provincial Council (or any provision thereof) passed prior to, or
after, the commencement of the Constitution is inconsistent with any
provision of the Constitution.
247. The Governor shall forthwith upon a Statute receiving his assent,
forward copies of such Statute to the Parliament, to facilitate the
creation of a publicly accessible central database of all Acts and
Statutes.
248. (1) Where any power or function including the power to make any
decision, Order, Proclamation, Notification, regulation or rule, is
conferred on, or assigned to a Minister of the Cabinet of Ministers or
to a public officer, as the case may be, by any written law made prior
to the commencement of the Constitution on any matter enumerated
in List II of the ………. Schedule (hereinafter referred to as the
"Provincial List"), such power or function shall –
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(2) Where any such written law referred to in paragraph (1) of this
Article makes provision (a) for any Order, Proclamation,
Notification, regulation or rule made under that written law to be laid
before Parliament ; or (b) for the annulment or approval of any such
Order, Proclamation, Notification, regulation or rule, by Parliament,
such provision shall have effect in relation to a Province as if
reference in it to Parliament were a reference to the Provincial
Council established for that Province.
(3) The provisions of paragraphs (1) and (2) of this Article shall
apply, mutatis mutandis, to Statutes of the corresponding Provincial
Councils established by the 1978 Constitution and in force
immediately prior to the commencement of the Constitution.
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(b) to inquire into and discuss subjects in which all or more than
one of the Provinces have a common interest, and to make
recommendations for the better co-ordination of policy and
action in respect of such subjects ;
(4) The Conference shall meet at least once every month, unless the
Conference otherwise decides.
251. Two or more Provincial Councils may co-operate with each other in
implementing their executive functions.
252. (1) Parliament may by law provide for the constitution, election,
form, structure and powers of the Local Authorities, and the criteria
of different types of Local Authority institutions.
253. Law and order including public order and the exercise of police
powers shall be exercised as provided for in the Constitution.
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256. (1) The Sri Lanka Police shall be headed by the Inspector General of
Police.
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263. The National Police Commission may delegate the powers of the
Commission relating to disciplinary control of any category of
officers of the National Police Service, to any officer of the police
service not below the rank of a Senior Superintendent of Police.
264. Without prejudice to the exercise of judicial power by the Courts, the
National Police Commission may entertain appeals against decisions
of the Provincial Police Commissions relating to the disciplinary
control and dismissal of police officers, and alter, set aside, vary or
modify such decisions.
265. The National Police Commission may invite the Inspector General of
Police to be present at any meeting of the Commission, except where
any matter relating to the Inspector General of Police is being
considered. The Inspector General of Police shall have no right to
vote at such meetings.
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274. (1) The Provincial Police Commission shall be responsible for the
recruitment, promotion, transfer, disciplinary control and dismissal
of officers of the Provincial Police below the rank of Assistant
Superintendent.
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276. The Provincial Police Commission may delegate the powers of the
Commission relating to disciplinary control of any category of
officers of the Provincial Police Service, to any officer of the
Provincial Police Service not below the rank of a Senior
Superintendent of Police.
(2) Where the Chief Minister and the National Police Commission
agree on the nominee, the Commission shall make the appointment.
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280. The Minister shall not be entitled to issue case specific instructions
relating to the conduct of criminal investigations or prosecutions.
284. The Provincial Police shall, in the case of matters which the Sri
Lanka Police is authorized by or under law to investigate, investigate
the commission of the following offences:
(i) All offences other than offences the National Police has been
empowered by law or authorized in terms of the law to
investigate;
(ii) Any offence contained in a Statute enacted by the respective
Provincial Council;
(iii) Any offence ordinarily within the competence of the National
Police which the Inspector General of Police requests the
Provincial Police Commissioner in writing to investigate;
(iv) All offences which the National Police is empowered to
investigate, unless and until the National Police commences an
investigation into such matter. Where the National Police so
commences an investigation, the Provincial Police shall
forthwith hand over such investigation to the National Police.
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287. (1) It shall be the duty of every officer of the National Police Service
or Provincial Police Services to take all measures for the prevention,
detection and investigation of all offences.
(3) It shall be the duty of every police officer of the National Police
or a Provincial Police service to assist the police officer having
lawful authority in the conduct of an investigation in relation to any
offence and any steps taken in the proper discharge of this duty shall
be deemed to have been lawfully taken.
(4) The National Police division shall make available the service of
specialized agencies and technical assistance, to any Provincial
Police division, which shall require such services.
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290. (1) The President may, on the advice of the Prime Minister, declare a
state of emergency where there are reasonable grounds to apprehend
the existence of a clear and present danger to public security,
preservation of public order (including preservation of public order
consequent to natural disasters and epidemics) or maintenance of
supplies and services essential to the life of the community. The
declaration of emergency shall state the basis on which such a state
of emergency was declared.
(6) Where the clear and present danger arises only with respect the
confines of one or more provinces as the case may be, the
Declaration of Emergency and the Regulations promulgated
thereunder shall only be applicable within the confines of the said
Province/Provinces.
291. The President may, in consultation with the Prime Minister, where a
situation has arisen in which a provincial administration is promoting
armed rebellion or insurrection or engaging in an intentional
violation of the Constitution which constitutes a clear and present
danger to the territorial integrity and sovereignty of the Republic, by
Proclamation –
(a) Assume to the President, all or any of the functions of the
administration of the Province and all or any of the powers vested in,
or exercisable by, the Governor, the Chief Minister, the Board of
Ministers or any body or authority in the Province; and
Council.
(c) The proclamation shall include reasons for the making of such
proclamation.
294. (1) The President shall summon Parliament, forthwith upon a state of
emergency being declared, or a proclamation being issued in terms
of Article ____.
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296. The foreshore, all lands, mines, minerals and other things of value
underlying the ocean within the territorial waters, rights pertaining to
the continental shelf and rights pertaining to the exclusive economic
zone of Sri Lanka, shall continue to vest in the Republic and shall be
held by the Central Government.
297. The limits of the territorial waters, the continental shelf, the
exclusive economic zone and other maritime zones of Sri Lanka
shall be such as are specified, from time to time, by law.
299. The reclamation of land from within the territorial waters of Sri
Lanka shall be a matter reserved for the Central Government. Any
land so reclaimed shall be vested in the Republic and used by the
Central Government except as otherwise provided by law.
300. All State land, whether under the control of the Centre or Provinces,
shall be used, subject to the Constitution, and with due regard to
national land and water use policy as laid down by the National Land
Commission.
301. Alienation of State land shall be made on behalf of, and in the name
of, the Republic and shall be subject to national land and water use
policy as determined by the National Land Commission.
303. The Central Government shall be entitled to the use of State land,
situated within the Capital Territory, and the title to which continues
to be with the Republic at the commencement of the Constitution.
304. Every Province shall be entitled to the use of all other State land
within the Province and such State land shall, subject to:
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307. (1) Where the Central Government is satisfied that State land in a
Province is required for the purpose of a subject in the National List,
the Central Government may, after consultation with the relevant
Provincial Administration, require the Provincial Administration to
make available to the Central Government or to such public authority
as the Central Government may specify, such land as may
reasonably be required for such purpose and the Provincial
Administration shall comply with such requirement.
(3) A decision of such tribunal shall be binding on the Centre and the
Provincial Council, and, subject to the right of the Government and
the Provincial Council to appeal to the Constitutional Court against
such decision, no other court or tribunal shall have the power or
jurisdiction to inquire into, pronounce upon, or in any manner call in
question, such decision.
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308. (1) Where after consultation by the Central Government with the
relevant Provincial Administration, the President, on the advise of
the Prime Minister, is satisfied that State land in a Province is
necessary for National Security or Defence, the President may, on
the advise of the of the Prime Minister, direct the Provincial
Administration to make available to the Central Government or to
such public authority as the President may specify, and for reasons to
be specified in such direction, such land as may reasonably be
necessary for such purpose.
(2) Where the Central Government does not release the State land or
any portion thereof, the President shall refer the matter for arbitration
to a tribunal consisting of a member appointed by the Prime
Minister, a member appointed by the Chief Minister and a Chairman
nominated by the members so appointed. Where there is no
agreement on the nomination of Chairman, the Chairman shall be
nominated by the Constitutional Council.
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312. (1) The National Land Commission shall, subject to the Constitution
and law enacted by Parliament, be charged with:
(a) the formulation of national land use policy, taking into account
standards relating to the appropriate amount of forest cover,
exploitation of natural resources, the quality of the environment and
other relevant matters.
In formulating such policy the National Land Commission shall
afford a margin of appreciation within which the Central
Government or Provincial Administrations may pursue their
respective policies.
313. The guidelines and declarations of the Commission shall be final and
conclusive and shall not be questioned in any court or tribunal save
and except the Constitutional Court. No other court or tribunal shall
have jurisdiction to inquire into, or pronounce upon, or in any
manner call in question, the validity of such guidelines or direction,
on any ground whatsoever.
314. (1) Where, after affording the Central Government or the Provincial
Administration an opportunity to be heard, the Commission forms
the opinion that the Central Government or a Provincial
Administration is acting in deliberate non-compliance with
guidelines or directions made by the Commission, the Commission
may refer the matter to the Constitutional Court.
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316. (1) The Capital Territory of Sri Lanka shall such area within the
Western Province, including the Municipal Limits of the City of
Colombo, as specified in the ---- Schedule of the Constitution.
[The Relevant schedule could specify the relevant areas, for
example:
− The Municipal Limits of the City of Colombo,
− The Municipal Limits of Kotte – Sri Jayawardenapura
Municipal Council,
− The geographical area comprising Parliament and its
surroundings,
− Such other specified areas]
(2) The National Capital and the Seat of the Government of Sri
Lanka shall be the City of Colombo within the Capital Territory.
(3) The Capital Territory shall form part of the Western Province for
the purpose of Parliamentary and Provincial Council elections.
(4) The Provincial Council of the Western Province shall exercise its
powers as specified in the Provincial List in respect of the Capital
Territory.
(9) Parliament may by law make provision for the government of the
Capital Territory including provision for one or more elected local
government bodies. Until Parliament otherwise provides, the Central
Government will be responsible for the government of the Capital
Territory according to law made by Parliament.
317. Public Finance shall be dealt with in accordance with the provisions
of the Constitution. Subject to the provisions of the Constitution,
Parliament shall have full control over public finance.
Provided that for the purpose of this Article the Gross Domestic
Production shall be as determined by the Central Bank of Sri Lanka
320. The Central Government may not guarantee any loan exceeding a
sum equivalent to one-ten thousandth (1/10,000) of Gross Domestic
Production (of the year in which the contract is to be entered into),
unless the terms of such loan including the manner of repayment,
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Provided that for the purpose of this Article the Gross Domestic
Production shall be as determined by the Central Bank of Sri Lanka
321. Funds of the Republic not allocated by law to specific purposes shall
form one Consolidated Fund into which shall be paid the produce of
all taxes, imposts, rates, duties, fees and all other revenues and
receipts of the Republic not allocated to specific purposes.
(i) The interest on public debt, sinking fund payments, the
costs, charges and expenses incidental to the collection,
management and receipt of the Consolidated Fund and such
other expenditure as Parliament may determine shall be
charged on the Consolidated Fund.
(ii) A Fund established for a dedicated purpose can be used
only for such purpose unless so approved by Parliament.
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(ii) Such Fund shall be placed at the disposal of the Minister of the
Board of Ministers of the Province in charge of the subject of
Finance for purpose of meeting unforeseen expenditure
Provided that such Minister shall not authorise any withdrawals from
such fund, except with the approval of the Board of Ministers
331. A Provincial Council may raise revenues from sources that are not in
conflict with the revenue entitlements of the National Government or
Local Authorities, and shall accordingly be competent to borrow
money domestically and access grant funds domestically, on the
security of the Provincial Fund of the Province.
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revenue shares;
(j) the need for flexibility in responding to emergencies or
other temporary needs, and other factors based on similar
objective criteria;
(k) Population and geographic / land area of each province /
local authority area; and
(l) The need progressively to reduce social and economic
disparities between provinces / local authority areas
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346. (1) The Auditor-General may for the purpose of the performance and
discharge of his duties and functions engage the services of a
qualified auditor or auditors who shall act under his direction and
control.
and such person or institution shall act under his direction and
control
347. (1) The Auditor-General or any person authorized by him shall in the
performance and discharge of his duties and functions be entitled:
(i) to have access to all books, records, returns and other
documents;
(ii) to have access to stores and other property ; and
(iii) to be furnished with such information and explanations
as may be necessary for the performance of such duties and
functions.
349. Every qualified auditor appointed under this chapter shall submit his
report to the Minister and also submit a copy thereof to the Auditor-
General.
351. The Auditor-General shall also perform and discharge such duties
and functions as may be prescribed by Parliament by law.
355. The Chairman and the members of the commission shall be paid
such allowances as are determined by Parliament. Such allowances
shall be charged on the Consolidated Fund and shall not be
diminished during the term of office of the Chairman or members.
356. The Chairman and the members of the Commission shall be deemed
to be public servants within the meaning and for the purposes of
Chapter IX of the Penal Code.
358. (1) The quorum for any meeting of the Commission shall be three
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360. (1) The Commission shall also exercise, perform and discharge the
following powers, duties and functions:
(a) make rules pertaining to schemes of recruitment, the
appointment, transfer, disciplinary control and dismissal of the
members belonging to the Sri Lanka State Audit Service,
subject to any policy determined by the Cabinet of Ministers
pertaining to the same;
(b) prepare annual estimates of the National Audit Office and the
Audit Service Commission established by law and submit such
estimates to the Parliamentary Budget Committee;
(c) Provide guidance and directions in respect of the duties and
functions of the Auditor General
Provided that the Auditor General shall have the discretion
whether or not to follow any particular guideline or instruction
on reasonable grounds.
(d) exercise, perform and discharge such other powers, duties and
functions as may be provided for by law.
(2) The Commission shall cause the rules made under paragraph (2)
to be published in the Gazette.
(3) Every such rule shall come into operation on the date of such
publication or on such later date as may be specified in such
rules.
(4) Every such rule shall, within three months of such publication in
the Gazette be brought before Parliament for approval. Any rule
which is not so approved shall be deemed to be rescinded as from
the date of such disapproval, but without prejudice to anything
previously done thereunder
361. (1) A person who otherwise than in the course of his duty, directly or
indirectly, by himself or through any other person, in any manner
whatsoever, wrongfully influences or attempts to influence any
decision of the Commission, any member thereof or any officer of
the Sri Lanka State Audit Service, shall be guilty of an offence and
shall on conviction be liable to a fine not exceeding one hundred
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(2) Every High Court shall have jurisdiction to hear and determine
any matter referred to in this Article.
363. The costs and expenses of the Commission shall be a charge on the
Consolidated Fund.
364. Any officer of the Sri Lanka State Audit Service who is aggrieved by
any order relating to the appointment, promotion or transfer of such
officer or any order on a disciplinary matter or dismissal made by the
Commission, in respect of such officer, may appeal therefrom to the
Administrative Appeals Tribunal, which shall have the power to
alter, vary, rescind or confirm any order or decision made by the
Commission.
366. (1) (a) Subject to sub-paragraph (b) of this paragraph, there shall
be an Election Commission consisting of five persons appointed by the
President, on the recommendation of the Constitutional Council, from
amongst persons who have distinguished themselves in the professions
or in the fields of administration or higher education.
TRANSITIONAL PROVISION TO CONTINUE EXISTING
COMMISSION
(c) The President shall appoint, within fourteen days of receiving the
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(3) The provisions of this Constitution and other law relating to the
removal of Judges of the Supreme Court and the Court of Appeal from
office shall mutatis mutandis apply to the removal of members of the
Election Commission from office.
Provided that in the case of the removal procedure for the removal of
the Chairman or Member of the Elections Commission, the committee
appointed mutatis mutandis in terms of Article AAA shall consist of
three persons who hold or have held office as a Judge of the Supreme
Court or the Court of Appeal created and established by this
Constitution, the 1978 Constitution or other law.
(5) Every member of the Election Commission shall hold office for a
period of five years from the date of appointment, unless the member
resigns from office by writing addressed to the President or is removed
from office in terms of paragraph ___ of this Article or is deemed to
have vacated office in terms of paragraph ____ of this Article.
(6) (a) The President may grant leave from his duties to a member of
the Election Commission and may appoint a person qualified to be a
member of the Commission to be a temporary member for the
period of such leave.
(b) The provisions of paragraph (1) of this Article shall mutatis
mutandis apply to such appointment.
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Lanka and shall not be diminished during the term of office of the
member.
(8) The quorum for any meeting of the Election Commission shall
ordinarily be three members but the quorum for any meeting at which
a decision relating to the appointment or removal of the
Commissioner-General of Elections is taken shall be four members,
and in the event of an equality of votes, the Chairperson shall have a
casting vote.
(3) The Election Commission may deploy the police officers made
available to the Commission in such manner as is necessary to
promote the conduct of a free and fair election or referendum, as the
case may be.
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373. (1) There shall be a National Public Service Commission (in this
Chapter referred to as the “Commission”) which shall consist of
eleven members appointed by the President in the manner specified
in Article AAA.
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(5) Every member of the Commission shall hold office for a period
of three years from the date of appointment, unless the member
becomes subject to any disqualification under paragraph (3) or
earlier resigns from his office by writing addressed to the President
or is removed from office in the manner provided in Article AAA,
(8) The President may grant a member leave from the performance
of his duties relating to the Commission for a period not exceeding
two months and shall in terms of Article AAA, for the duration of
such period, appoint a person qualified to be a member of the
Commission, to be a temporary member for the period of such leave.
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member.
374. (1) The Cabinet of Ministers shall provide for and determine all
matters of policy relating to public officers, including policy relating
to appointments, promotions, transfers, disciplinary control and
dismissal.
(4) The Commission shall not derogate from the powers and
functions of the Provincial Public Service Commissions as are
established by law.
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(3) The procedure and quorum for meetings of any such Committee
shall be as determined by the Commission by rules made in that
behalf.
376. (1) The Commission may delegate to a public officer, subject to such
conditions and procedure as may be determined by the Commission,
its powers of appointment, promotion, transfer, disciplinary control
and dismissal of such category of public officers as are specified by
the Commission.
(2) The Commission shall have the power upon such appeal to alter,
vary, rescind or confirm an order against which an appeal is made, or
to give directions in relation thereto, or to order such further or other
inquiry as to the Commission shall deem fit.
379. (1) The quorum for a meeting of the Commission shall be six
members.
(2) All decisions of the Commission shall be made by a majority of
votes of the members present at the meeting. The member presiding
shall not have an original vote. However, in the event of an equality
of votes, the member presiding at the meeting shall have a casting
vote.
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382. (1) Every person who, otherwise than in the course of such person’s
lawful duty or right, directly or indirectly by himself or by or with
any other person, in any manner whatsoever influences or attempts
to influence or interferes with any decision of the Commission, or a
Committee or a public officer to whom the Commission has
delegated any power under this Chapter, or to so influence any
member of the Commission or a Committee, shall be guilty of an
offence and shall on conviction be liable to a fine not exceeding one
hundred thousand Rupees or to imprisonment for a term not
exceeding seven years, or to both such fine and imprisonment.
383. A person appointed to any office referred to in this Chapter shall not
enter upon the duties of his office until he takes and subscribes the
oath or makes and subscribes the affirmation set out in the Fourth
Schedule to the Constitution.
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(3) All other public officers shall retire upon their reaching the
retirement age prescribed by any written law.
385. For the purposes of Chapter _____ AND ____ “public officer” does
not include a member of the Army, Navy, or Air Force, an officer of
the Election Commission appointed by such Commission, a police
officer appointed by the National Police Commission or a Provincial
Police Commission, a scheduled public officer appointed by the
Judicial Service Commission or a member of the Sri Lanka State
Audit Service appointed by the Audit Service Commission.
386. (1) There shall be a Provincial Public Service Commission (in this
Chapter referred to as the “Commission”) in respect of each
Province.
Provided that:
i. all such persons are fit and proper to be appointed as
members of the Commission, and
ii. at least four members shall possess at least fifteen (15)
years of experience in senior management as a public
officer, and
iii. at least three members shall have professional
qualifications, with a minimum of ten years experience in
such profession, and that at least one of such persons is a
member of the legal profession, and
(3) (a) The Chief Minister and the Leader of the Opposition of the
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(b) If the Chief Minister and the Leader of the Opposition are
unable to agree on joint nominations, the Constitutional Council
shall consider the separate nominations made by the Chief
Minister and the Leader of the Opposition.
(c) In the event that the Constitutional Council is of the view that
there are insufficient persons suitable to be appointed, out of the
joint or separate nominations so made, the Constitutional Council
shall request the Chief Minister and the Leader of the Opposition
to resubmit names for consideration.
(5) The Governor shall remove any such chairperson or member, if the
Constitutional Council recommends such removal.
Provided that, in the event that the Governor fails to remove such
person as member or chairperson, within a period of fourteen days of
such recommendation, such person will be deemed to be removed as
member and / or chairperson as the case may be, in terms of the
recommendation of the Constitutional Council.
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(3) Every member of the Commission shall hold office for a period
of three years from the date of appointment, unless the member
becomes subject to any disqualification under paragraph (1) or
earlier resigns from his office by writing addressed to the Governor
or is removed from office in the manner provided in Article AAA,
(6) The Governor may grant a member leave from the performance
of his duties relating to the Commission for a period not exceeding
two months and shall in terms of Article AAA, for the duration of
such period, appoint a person qualified to be a member of the
Commission, to be a temporary member for the period of such leave.
(8) The Commission shall have the power to act notwithstanding any
vacancy in its membership, and no act, proceeding or decision of the
Commission shall be or be deemed to be invalid by reason only of
such vacancy or any defect in the appointment of a member.
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388. (1) The Board of Ministers of the respective province shall provide
for and determine all matters of policy relating to public officers who
shall be in the Provincial Public Service of such province, including
policy relating to appointments, promotions, transfers, disciplinary
control and dismissal.
(2) (a) The Chief Secretary of the Province shall be appointed by the
President with the concurrence of the Chief Minister.
(b) The Chief Secretary of the Province shall be removed by the
President, if so requested by the Chief Minister.
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(3) The procedure and quorum for meetings of any such Committee
shall be as determined by the Commission by rules made in that
behalf.
390. (1) The Commission may delegate to a public officer, subject to such
conditions and procedure as may be determined by the Commission,
its powers of appointment, promotion, transfer, disciplinary control
and dismissal of such category of public officers as are specified by
the Commission.
(2) The Commission shall have the power upon such appeal to alter,
vary, rescind or confirm an order against which an appeal is made, or
to give directions in relation thereto, or to order such further or other
inquiry as to the Commission shall deem fit.
393. (1) The quorum for a meeting of the Commission shall be three
members.
(2) All decisions of the Commission shall be made by a majority of
votes of the members present at the meeting. The member presiding
shall not have an original vote. However, in the event of an equality
of votes, the member presiding at the meeting shall have a casting
vote.
150
CONFIDENTIAL – NOT FOR CIRCULATION
(DISCUSSION PAPER FOR INTERNAL DISCUSSION ONLY)
396. (1) Every person who, otherwise than in the course of such person’s
lawful duty or right, directly or indirectly by himself or by or with
any other person, in any manner whatsoever influences or attempts
to influence or interferes with any decision of the Commission, or a
Committee or a public officer to whom the Commission has
delegated any power under this Chapter, or to so influence any
member of the Commission or a Committee, shall be guilty of an
offence and shall on conviction be liable to a fine not exceeding one
hundred thousand Rupees or to imprisonment for a term not
exceeding seven years, or to both such fine and imprisonment.
397. A person appointed to any office referred to in this Chapter shall not
enter upon the duties of his office until he takes and subscribes the
oath or makes and subscribes the affirmation set out in the Fourth
Schedule to the Constitution.
400.
151
SCHEDULE
SCHEDULE 1I
These political party representations have been extracted from the amended “Draft for discussion”
submitted to the Steering Committee on behalf of the Panel of Experts on 08th August 2018.
[The original representations by the political parties can be found in the Interim Report of the
Steering Committee. Please see page 27 of the Interim Report dated 21st September 2017]
JOINT OPPOSITION
• Sri Lanka (Ceylon) is a Free, Sovereign, Independent and Democratic Socialist Republic and
shall be known as the Democratic Socialist Republic of Sri Lanka.
• Article 2 of the 1978 Constitution to remain unchanged – The Republic of Sri Lanka shall
be a unitary state.
• Agrees only with the principle that ‘Constitution shall be the Supreme Law of Sri Lanka’
and rejects the rest of the proposals contained in Articles 1 and 2 of the Interim Report.
• Sri Lanka to be referred to as the ‘Republic of Sri Lanka’ at all times.
EPDP
• Sri Lanka shall be a “Eksath Janarajaya”, “Aikkiya Ilangai Kudiyarasau, ‘ United Republic
of Sri Lanka”.
- The Republic of Sri Lanka shall be a unitary state – in the Tamil language and
the English language the word ‘aekiya’ shall be used and shall carry the same
interpretation given to the word in the Sinhala language.
• The Constitution is the supreme law of Sri Lanka. Any act or conduct inconsistent with
the Constitution is void.
• Any amendment or repeal and replacement of the Constitution shall only be made by
Parliament and the Second Chamber and by the People, in the manner provided for in
the Constitution.
• The Constitution should clearly lay down the elements of its ‘basic structure’ which
should be entrenched.
• Agrees with) the formulation proposed by SLMC/TPA/ACMC that Sri Lanka shall be
known as “United Republic of Sri Lanka”.
EPDP
EPDP is of the opinion that it should read “Aekiya Rajya/ Oru Nadu” instead of “Aekiya Rajya/
Orumitha Nadu”.
JOINT OPPOSITION
JOINT OPPOSITION
Territorial Integrity
• Sri Lanka shall consist of nine provinces as per territorial schedule - 1.
• Sri Lanka shall consist of 25 administrative districts as per territorial schedule – 2.
• The subdivisions of the districts and subsequent territories of the local government
entities should be declared by the president in concurrence with the provincial council
administration within which the respective territory falls.
JOINT OPPOSITION
• Article 7 and the third sub-schedule of the1978 Constitution to remain unchanged.
• The term ‘National Anthem’ therein to be changed as ‘National Anthem of Sri Lanka’.
• The National Anthem of the Republic of Sri Lanka shall be “Sri Lanka Matha” in Sinhala
language and “Sri Lanka Thaaye” in Tamil language as per the words and music set out
in the relevant Schedules.
CHAPTER II – RELIGION
JOINT OPPOSITION
EPDP
• The Republic of Sri Lanka shall give to Buddha Dharshanaya, the foremost place and
accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while
assuring to all religions the rights granted by Articles 10 and 14 (1)(e).
• Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of
the State to protect and foster the Buddha Sasana, while treating all religions and beliefs
with honour and dignity, and without discrimination, and guaranteeing to all persons the
fundamental rights guaranteed by the Constitution.
• It is also suggested that the marginal notes to Article 9 shall state “religious rights”
instead of the word “Buddhism”.
CHAPTER VII - THE CENTRAL EXECUTIVE - THE PRESIDENT OF THE
REPUBLIC
The President
JHU
ACMC
SLFP
JOINT OPPOSITION
JVP
ACMC
SLFP
• Election of the Prime Minister shall be strictly according to the Westminster model.
SLMC
• Disagrees with the proposal that Parliament passes a vote of noconfidence on the Prime
Minister and the Government by a simple majority. Recommends that a motion should
be passed only with 2/3 majority.
Cabinet of Ministers
SLFP
JOINT OPPOSITION
JOINT OPPOSITION
• Disagreed.
• The Government (Centre) should have unfettered power to enact any law in respect of a
Provincial Council (PC) or a matter falling within the PC List.
JHU
• Disagreed.
ACMC
EPDP
SLMC
Second Chamber
JOINT OPPOSITION
SLFP
• Agreed in principle.
However,
JVP
TNA
• Provincial Council should nominate persons of eminence and integrity who have
distinguished themselves in public or professional life and who are not members of the
Council.
• All Chief Ministers should be ex officio members of the Second Chamber, so that the link
between the Centre and Provinces will be more visible.
ACMC
• The Second Chamber shall consist of members of communities who would not
otherwise be represented in the Parliament;
• The provincial representatives to the Second Chamber should not be drawn from sitting
members of the Provincial Council.
• Persons of eminence and integrity who have distinguished themselves in public or
professional life in the relevant province or hails from the relevant provinces shall be
appointed to the Second Chamber.
EPDP
JHU
• JHU is of the view that a Second Chamber would not achieve the stated objectives, cause
delays in law and policy making and would result in wastage of resources.
• However, if the establishment of a Second Chamber is absolutely necessary, it must be
further discussed.
• The Second Chamber of the Parliament shall review laws passed by the First chamber of
the Parliament.
• The Second Chamber shall have a total of 36 Members and be constituted on *ethnic
basis” as follows - 18 Sinhalese, 6 Sri Lankan Tamils, 6 Muslims and 6 Malayaha Tamils.
• The Vice-President shall be the Chairperson of the Second Chamber and hold office for a
period of one year on a rotational basis.
SLMC
• The membership in the Second Chamber shall be based on merit / representative of the
provinces and reflect the ethnic diversity.
• Term of the Second Chamber should, as far as possible, be same as for Parliament.
• Representatives of the provinces should be afforded the opportunity of playing a role in
the central legislature and act as a check against legislative measures impacting on
provincial administration.
• Election and nomination procedure of members should be clearly laid down in the
constitution or in enabling legislation.
• There is concern that the Second Chamber may undermine the sovereignty of
Parliament vis-à-vis Para 5.
CHAPTER XX – THE CONSTITUTIONAL COUNCIL
JOINT OPPOSITION
• The proposed text/ formulations need to be discussed/ reviewed.
ACMC
• Constitutional Council should be the same structure as in the 19th Amendment.
SLFP
• The Composition of the Constitutional Council and the procedure for appointing its
members need to discussed after a review/study of the functioning of the current
Council.
PRINCIPLES OF DEVOLUTION:
1. Principle of Subsidiarity to apply
2. Province to be the Primary Unit of Devolution
JOINT OPPOSITION
Disagreed.
• Opposes the concept of community councils.
• Disagrees on proposed Inter-provincial corporation mechanisms.
• Suggests strengthening present Art. 157A against secession.
• No merger of provinces (Schedule – para 6).
• Provincial Councils to be subordinate to Central Legislature and Executive (Schedule–
para 9).
To maintain the unitary nature of the state, the following should be mandatorily included:
• The President should have the power to directly exercise his Executive powers within a
Provincial Council through the Governor.
• The Parliament should have unfettered power to change/override any Provincial
statutes/laws.
• The Supremacy of the Parliament must be upheld.
• The Provincial Council should not function as a body that can challenge the
state/parliament in the exercise of its executive or legislative powers.
JVP
• No provision is to be made to enable the merging of 2 Provinces.
JHU
• Disagreed.
• Articles 2, 4 (a) and 76 (1) of the 1978 Constitution to remain unchanged.
• Devolution process should be directed towards strengthening Local Authorities.
• Proposes the establishment of ‘Praja Sabha’.
EPDP
• The power to choose the name of a Province should be left to the Province.
• Provisions should be made to demarcate existing provinces by Parliament in
consultation with stakeholders.
ACMC
• Disagrees with the merger of any two provinces.
SLFP
• Agrees to the full implementation of the 13th Amendment.
• Disagreed on merger of provinces and proposed abolition prevalent provisions
permitting merger.
• COMMUNITY COUNCILS needs to be discussed further.
• INTER-PROVINCIAL CORPORATION (2.1) –Agreed. But no merger or common decision-
making by provinces.
• SAFEGUARDS – Agreed. Secession/advocating secession to be an offence punishable by
rigorous punishments.
• Provisions should also be included to prevent declaring or acting on extremist
nationalistic or religious sentiments.
SLMC
• Constitution shall also include the number of districts coming within a province in a
Schedule and provisions to include new districts that would be created in future.
• Community Councils – agreed. Two Community Councils should be set up, one for Indian
Tamils and one for Muslims, outside of North and East without territorial focus to serve
the development needs of these communities.
• Include in-built mechanisms to discourage secessionist tendencies and to preserve the
unity, sovereignty and territorial integrity of state.
• Authority should be conferred on the Centre to intervene in the Provinces in the event of
a “clear and present” danger to the unity, territorial integrity and sovereignty of the
State.
TNA
• Northern and Eastern province to constitute one province/ state.
• Adequate safeguards to ensure equal treatment of all citizens.
JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA
• Sri Lanka shall consist of nine provinces as per territorial schedule -1.
• No provincial council or any political party or any entity within or outside Sri Lanka, by
direct or indirect means, shall attempt or advocate separation or secession of any part
from Sri Lanka.
• No Provincial Council or any political party or any entity within or outside Sri Lanka, by
direct or indirect means, shall attempt or advocate an initiative towards armed activity
to achieve any political or other goals in Sri Lanka.
3. Local Authorities
JOINT OPPOSITION
• Disagree. Present constitutional provisions to remain unchanged.
JHU
• Recommends strengthening of Local Authorities through decentralization of powers
from the Centre.
EPDP
• Only two tiers should be recognized. Local government should be within the legislative
and executive control of the Province.
• Delegation of power/ functions to the Local Authorities by the Centre (as and when)
should be through the Provincial Council.
• There should be only two types of local bodies (Municipal Councils covering urban and
semi-urban areas and Pradeshiya Sabhas covering rural areas and plantation areas).
• Plantation areas should fall within the ambit of local administration.
SLMC
• Agreed. Whether Local Authorities should exercise (limited) legislative power should be
further discussed.
• Recommends that serious consideration is given to the subjects and functions allocated
to the local authorities as set out in a list named “Local Government List” in the
Constitution.
JOINT OPPOSITION
• Disagree with the suggested formulation in 4.1-4.4.
JHU
• Disagree with the abolition of the ‘Concurrent List’.
SLFP
• Agreed in principle – needs to be further discussed.
• A short Concurrent List to be maintained.
• Agreed in principle to a National List, Provincial List and Local Government List.
TNA
• The Centre and the Provinces/States shall exercise exclusive power in their areas of
competence in accordance with the provisions of the Constitution.
• The powers and functions to be assigned to the Provinces/ States shall be in conformity
with the recommendations of:
(i) The Report of the Mangala Moonesinghe Select Committee
(ii) The Constitutional Bill of 2000
(iii) The Report of the multi-ethnic Experts Committee appointed by the President
Mahinda Rajapaksa and the report of the All Party Representatives Committee
(APRC) chaired by Prof. Tissa Vitharana and approved by President Mahinda
Rajapaksa.
• The Province / State shall have the necessary powers to muster the required finances to
exercise the devolved powers.
(In the interests of reaching an acceptable consensus, the TNA will be willing to consider
agreement with the main principles articulated in the Interim Report if the same are
acceptable to the two parties).
SLMC
Agreed, subject to the following.
EPDP
• National Policy should be the function of the Cabinet of Ministers while national
standards have to be approved by both Houses of Parliament.
JOINT OPPOSITION
Disagreed.
• Provinces/ provincial units should not have the power to make decisions on any matter
stated under this sub-heading independently of the central Government.
• All decisions that need to be taken at a national level should be made by the Central
Government (Centre) and Parliament alone.
SLFP
National Policy
• The matters set out in the Interim Report under National Policy need to be discussed
further.
• The powers of Parliament pertaining to formulation of national policies should not be
restricted.
• Disagrees with adopting Article 72 of German Constitution.
• Agrees in principle with paragraph 5 (6) – “National policy shall not override statutes.”
JHU
• The proposed provisions are merely of ornamental value.
SLMC
• Parliament should have the power to enact Framework Legislation setting out National
Standards relating to clearly identified subjects.
• National Policy should be enacted by the Cabinet of Ministers who should be conferred
such authority.
• Agreed with suggestion to include an Article in the Constitution dealing with national
policy and with adopting participatory process with respective tiers and in relation to
formulating national policy on matters set out in the Provincial List.
Recommends clarifying whether aforesaid Article would confer power on Parliament or the
Executive the authority to deal with the subject matter or whether it is merely a declaratory
principle.
Provisions of the Article should not derogate powers already conferred on other tiers of
Government.
JOINT OPPOSITION
Disagreed. Provisions lack clarity – appears to be proposed under the Principle of Subsidiarity.
SLFP
Agreed in Principle.
7. Governor
JOINT OPPOSITION
Disagreed.
• The present provisions relating to the powers and functions of the Governor, introduced
by the 13th Amendment to the 1978 Constitution should remain and the Governor must
exercise powers of the government and executive at the Provincial Level.
SLFP
Powers of the Governor
• Should be formulated in accordance to the Scheme in the 13th Amendment
Determination.
• Should be determined based on the manner of electing the President and the President’s
powers.
• Governor to be appointed by the President in consultation with the Chief Minister.
• Agreed that the Governor is to be apolitical.
• Disagreed with the proposal that the Governor should play a ceremonial role and should
have power to act in the breakdown on administration in the Province/breakdown of
law and Order acting as the representative of the President.
• Governor should have power to take immediate action in the event of secession/ a CM or
a PC acts in a manner that threatens the unitary character of the State.
• Agreed that other than such special powers vested, Governor must act on advice of the
PC.
JHU
Present Constitutional Provisions relating to the powers of the Governor to remain unchanged.
JVP
• The powers of the Governor should not be weakened.
• Governor’s powers need to be adequately reinforced in a context in which the executive
presidency is abolished.
EPDP
• Governor to be appointed by the President.
• Governor to act as a link between the President and the province.
• He should not be a mere ceremonial figure but play a role in checks and balances.
TNA
• The Governor shall endeavor to ensure a smooth working relationship between the
centre and the provinces/ states and shall not have any power to interfere with the
exercise of executive power of the Province/State.
• The powers of the Governor to be clearly be defined in the Constitution.
(In the interests of reaching an acceptable consensus, the TNA will be willing to consider
agreement with the main principles articulated in the interim report if the same are
acceptable to the two parties).
SLMC
• Recommends that the executive and administrative authority in a province is vested in
the Board of Ministers.
OR in the alternative,
• Governor should act on the advice of the Board of Ministers in instances other than
where he is specifically authorized by the Constitution or act on inherent powers.
ACMC
• Governor should be accountable and answerable to both the Provincial Council and to
Parliament.
JOINT OPPOSITION
Disagreed.
• Judicial power must be in accordance with Article 4 of the present Constitution.
JVP
• Instead of a separate Constitutional Court, measures should be taken to expand the
present Supreme Court.
JHU
• Disagreed. No requirement for establishing a Constitutional Court.
SLFP
Agreed in principle.
• The proposed Constitutional Court should comprise of judges appointed from the
Supreme Court.
ACMC
• Agreed to a Constitutional Court based on the South African model.
TNA
• Constitution shall be the supreme law of the country.
• Constitutional Court to settle all disputes of Constitutional importance.
SLMC
• Provincial Statutes should also be subjected to pre-enactment reviewby the
Constitutional Court.
9. Provincial Public Service Commission (PPSC)
JOINT OPPOSITION
Disagreed.
SLFP
Agreed in principle.
• However, the President should appoint the Chief Secretary in consultation with the Chief
Minister.
• Governor to appoint heads of Departments on recommendations of the PPSC.
EPDP
• Nominations to the PPSC to be made separately by Chief Minister and the Leader of the
Opposition of a Provincial Council.
• Pluralistic nature of a given Province should be the foremost criteria for appointment.
• Secretary to Governor to be appointed at Governor’s discretion.
10. To advance co-operation between the Provinces, and the Centre and the
Provinces – a Chief Ministers’ Conference to be set up
JOINT OPPOSITION
• Any relationship between peripheral administrative units should only be through the
central government.
SLFP
Agreed in principle.
• The Conference to be chaired by the President or the Prime Minister.
SLFP
• Agreed. However, operationalizing/implementation to be discussed.
JHU
• Agreed to the setting up of a “Greater Colombo Capital Territory” as a single unit.
CHAPTER AAAII – PUBLIC SECURITY
JOINT OPPOSITION
Disagreed.
JHU
• The subjects of Law and Order should remain with the Centre.
• The 1978 Constitutional provisions relating declaration of emergency should remain
unchanged.
• In all areas where a majority are Tamil-speaking, every Police station must mandatorily
have police officers who have knowledge of the Tamil language.
JVP
SLFP
JOINT OPPOSITION
JHU
• Disagreed.
• The Subject of Land should be retained with the Center.
ACMC
• All state land shall be with the Center and in the National List.
• There shall be a mechanism to release land for the use of a Provincial Council for
provincial subjects upon request.
• The fair and equitable usage of land by the minorities, including Internally Displaced
Persons - IDPs shall be ensured
• Acquisition and requisition of the Land shall be exclusively with the Center.
SLFP
• Para 15 - the Chairman of the proposed Tribunal should be appointed by the President.
• Appeals as per para.16 to be made to the Constitutional Court which is appointed by the
Supreme Court.
• Para 17 to be amended to read as “…with or without the advice of the Prime Minster if the
President is satisfied…”
• The words “on the advice of the Prime Minster” needs to be omitted.
• Disagreed with Para 20 – land required for national security or defense must not be
subject to challenge.
• Agreed in principle to Paragraphs 21 – 30. However, further discussion is necessary.
• Agreed in principle to proposals on Inter-provincial irrigation projects. However,
further discussion on some matters is necessary.
• Further provisions to be included – relating to large scale civilization (or settlement)
schemes and river valley and settlements to be done after studying the inter-provincial
relationship among them. These should be “Central subjects” in the Constitution.
SLMC
• Agree with proposals contained in paragraphs No.1-7 subject to the inclusion of clear
provisions regarding land rights relating to reserved subjects.
• Paragraph 11: The phrase “all other State Land” refers to residual state land, which
would be very negligible.
• Paragraph No.12 : National Land Commission should be empowered to formulate new
allotment criteria based on existing conditions such as population, land availability and
equitable distribution among citizens based on a rational basis.
• Paragraph 13: List of priority identified in the Draft in relation to Land Settlement
Schemes to grant land to landless persons serves to disadvantage certain groups.
Recommends that National Land Commission should be empowered to formulate new
criteria based on existing conditions such as population, land availability and equitable
distribution among citizens based on rational basis.
• Dispute resolution – Land - Paragraph 15 may lead to protracted legal conflicts between
the Centre and Province concerned.
• Disagreed with paragraph 16.
• Land required for national security or defense - Agreed subject to conditions relating to
strict proof of necessity and after prior consultations with the relevant tiers of
government. In such situations the Centre should provide alternative land to the
relevant Provincial Council by way of compensation from their land bank.
• National Land Commission – Agreed. Recommends the inclusion of mandatory
constitutional provisions compelling the President to appoint the Commission (similar
to other independent Commissions).
• Powers and functions of the National Land Commission - Agree in principle with the
proposals contained in paragraphs 23 – 30 and suggest further discussions on the
content.
Recommendations
• Provisions should be made that “Every Province shall succeed to all other State land
within the province, subject to the rights of persons in lawful possession or occupation of
such land. A Provincial Government shall be entitled to exercise right in or over such land,
including land tenure, transfer and alienation of land, use, land settlement and land
improvement”.
EPDP
• State Land -Dispute Resolution (Item 15) – total number in the arbitration panel is
confusing.
SCHEDULE II
Letter submitted to the Steering Committee by Prof. Kapila Perera and Prof.
Camena Guneratne (Members of the Panel of Experts) on 08th August 2018.
Separate comments by Prof. Austin Pulle (Member of the Panel of Experts) on
the “Draft for Discussion” submitted to the Steering Committee on 08th August
2018.
CHAPTER X – PARLIAMENT