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A report prepared by the Panel of Experts for the
Steering Committee which is based on the Interim
Report, six Sub Committee Reports, the Report of
the ad hoc Sub Committee set up by the Steering
Committee to look into the relationship between
the Parliament and the Provincial Councils. The
Chapters on Fundamental Rights and Freedom,
Language Rights and Directive Principles of State
Policy contained in the report are those proposed
by the Sub Committee on Fundamental Rights.
Chapter on Citizenship is reproduced from the
present Constitution.
• Political party representations in the
Interim Report of the Steering Committee
- as Schedule I to the above Report
• Comments and letters submitted by
Members of the Panel of Experts. - as
Schedule II to the above Report.

(English version)
THE CONSTITITUIONAL ASSEMBLY
OF SRI LANKA
CONFIDENTIAL – NOT FOR CIRCULATION
(DISCUSSION PAPER FOR INTERNAL DISCUSSION ONLY)

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 I - THE PEOPLE, THE STATE AND SOVEREIGNTY

CHAPTER II - RELIGION

CHAPTER III - FUNDAMENTAL RIGHTS AND FREEDOMS

CHAPTER IV - LANGUAGE

CHAPTER V - CITIZENSHIP

CHAPTER VI - PRINCIPLES OF STATE POLICY AND
FUNDAMENTAL DUTIES

CHAPTER VII - THE CENTRAL EXECUTIVE - THE PRESIDENT
OF THE REPUBLIC

CHAPTER VIII - THE CENTRAL EXECUTIVE - THE
PRESIDENT AND CABINET OF MINISTERS

CHAPTER IX - THE CENTRAL LEGISLATURE

CHAPTER X - PARLIAMENT

CHAPTER XI – THE SECOND CHAMBER

CHAPTER XII – THE CENTRAL LEGISLATURE -
LEGISLATIVE POWER

CHAPTER XIII – CONSTITUTIONAL AMENDMENTS

CHAPTER XIV – ELECTION OF MEMBERS OF PARLIAMENT

CHAPTER XV – ELECTION AND APPOINTMENT OF
MEMBERS OF THE SECOND CHAMBER

CHAPTER XVI – THE REFERENDUM

CHAPTER XVII – THE FRANCHISE AND ELECTIONS

CHAPTER XVIII – THE JUDICIARY

CHAPTER XIX – THE CONSTITUTIONAL COURT

CHAPTER XX – THE SUPREME COURT

CHAPTER XXI – THE COURT OF APPEAL

CHAPTER XXII – THE JUDICIAL SERVICE COMMISSION

CHAPTER XXIII – THE HIGH COURT

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CHAPTER– THE CONSTITUTIONAL COUNCIL

CHAPTER– PROVINCIAL COUNCILS

CHAPTER– LOCAL AUTHORITIES

CHAPTER– LAW & ORDER

CHAPTER– NATIONAL POLICE COMMISSION

CHAPTER - PROVINCIAL POLICE COMMISSION

CHAPTER– PROVINCIAL POLICE SERVICE

CHAPTER– PUBLIC SECURITY

CHAPTER– PUBLIC FINANCE

CHAPTER– THE FINANCE COMMISSION

CHAPTER– THE AUDITOR GENERAL

CHAPTER– THE AUDIT SERVICE COMMISSION

CHAPTER– THE ELECTIONS COMMISSION

CHAPTER– THE DELIMITATION COMMISSION

CHAPTER– THE NATIONAL PUBLIC SERVICE

CHAPTER– THE PROVINCIAL PUBLIC SERVICES

CHAPTER– THE ADMINISTRATIVE APPEALS TRIBUNAL

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CHAPTER I - THE PEOPLE, THE STATE AND SOVEREIGNTY

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

Sovereignty 2. In Sri Lanka sovereignty is in the People and is inalienable, and
of the includes the powers of government, fundamental rights and the
People franchise.

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.

Territory of 4. The territory of Sri Lanka is constituted of its geographical territory,
Sri Lanka including the Provinces as set out in the AAA Schedule of the
Constitution, and including its territorial waters and airspace,
together with such additional territory as may be acquired in future.
Sri Lanka shall have all rights recognized by law, custom and usage,
pertaining to its territory.
No Provincial Council or other authority may declare any part of the
territory of Sri Lanka to be a separate State or advocate or take steps
towards the secession of any Province or part thereof, from 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).

ALTERNATE FORMULATION FOR ARTICLE 8.

The Republic of 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.

CHAPTER III - FUNDAMENTAL RIGHTS AND FREEDOMS

9. (1) Every person shall have the inherent right to life, dignity,
equality, freedom and security of the human person.

(2) Every person shall have the right to recognition as a person
before the law.

(3) No person shall be arbitrarily deprived of his or her life or
punished with death.

10. (1) No person shall be arrested, detained or otherwise deprived of his
or her personal liberty except according to procedure established by
law.

(2) Every person so arrested, detained or otherwise deprived of his
or her personal liberty, shall be treated with respect for the
inherent dignity of the human person.

(3) Save as otherwise provided by law, no person shall be arrested
except under a warrant issued by a judicial officer causing such
person to be apprehended and brought before a competent court
in accordance with procedure prescribed by law.

(4) Every person arrested shall be informed, in a language which the
person appears to understand, of the reason for the arrest and of
the person’s rights under paragraphs (5) and (6) of this Article.

(5) Every person arrested shall have the right to communicate with

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any relative or friend of the person’s choice, and, if the person so
requests, such person shall be afforded means of communicating
with such relative or friend.

(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.

(7) No person arrested shall be detained in custody or confined for a
longer period than under all the circumstances of the case is
reasonable, and shall, in any case, be brought before the judge of
a competent court within twenty-four hours of the arrest,
exclusive of the time necessary for the journey from the place of
arrest to such judge. No person shall be detained in custody
beyond such period except upon, and in terms of, the order of
such judge made in accordance with procedure established by
law.

(8) Every person detained in custody or confined, has the right to be
released on bail or upon the execution of a bond unless otherwise
provided by law. The amount of bail and the amount of every
such bond shall be fixed with due regard to the circumstances of
the case and shall not be excessive.

(9) Every person suspected of committing an offence shall be
charged or indicted or released without unreasonable delay,
having regard to the facts and circumstances of the case.

(10) Every person charged with or indicted for an offence shall
be entitled to be heard in person or by an attorney-at-law of the
person’s own choosing and shall be so informed by the judge.

(11) (a) Every person charged with or indicted for an
offence shall be entitled to be tried –
(i) without undue delay;
(ii) by a competent court;
(iii) at a fair trial; and
(iv) subject to sub-paragraph (b) of this paragraph, at a
public hearing.

(b) A judge may, at the judge’s discretion, whenever the judge
considers it necessary, in proceedings relating to sexual
matters or where the interests of juveniles so require or for
the protection of national security or public safety
necessary in a democratic society or in the interests of
order and security within the precincts of such court,
exclude there from, persons who are not necessary for the
purposes of those proceedings.

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(12) (a) Every person shall be presumed innocent until the
person is proved guilty.

(b) Nothing contained in any law shall be held to be
inconsistent with sub-paragraph (a) of this
paragraph to the extent that such law imposes upon
an accused the burden of proving particular facts.

(13) No person shall be compelled to testify against himself or
herself or to confess guilt.

(14) No person shall be held guilty of an offence on account of
any act or omission which did not, at the time of such act or
omission, constitute such an offence, and no penalty shall
be imposed for any offence more severe than the penalty in
force at the time such offence was committed.

It shall not be a contravention of this Article to require the
imposition of a minimum penalty for an offence provided
that such penalty does not exceed the maximum penalty
prescribed for such offence at the time such offence was
committed.

Nothing in this article shall prejudice the trial and
punishment of any person for any act or omission which, at
the time when it was committed, was criminal according to
the general principles of law recognized by the community
of nations.

(15) Every person who has been convicted or acquitted of an
offence in accordance with law by a competent court shall
not be liable to be tried for the same offence save on the
order of a court exercising appellate or revisionary
jurisdiction.

(16) (a) No person shall be punished with imprisonment
except by order of a competent court and in
accordance with procedure established by law.

(b) The arrest, holding in custody, detention or other
deprivation of personal liberty of a person –

(i) pending investigation or trial shall, if not unreasonable
having regard to the circumstances, not constitute
punishment;

(ii) by reason of a removal order or a deportation order
made under the provisions of the Immigrants and
Emigrants Act or other such law as may be enacted in
substitution therefor, shall not be a contravention of this

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paragraph.

(17) (a) No restrictions shall be placed on the rights
declared and recognized by paragraph (2), paragraph
(10), items (ii) and (iii) of sub-paragraph (a) of paragraph
(11), paragraph (14), paragraph (15) and paragraph (16)
of this Article.

(b) No restriction shall be placed on the rights declared
and recognized by paragraphs (1), (3), (4), (5), (6), (7),
(8), (9), items (i) and (iv) of sub-paragraph (a) of
paragraph (11) and paragraphs (12) and (13) of this
Article other than such restrictions prescribed by law
as are necessary in a democratic society for the
protection of national security, law and order, or for
the purpose of securing due recognition and respect
for the rights and freedoms of others.

11. (1) No person shall be subjected to enforced disappearance.

(2) No circumstances whatsoever, including a state of war or a
threat of war, internal political instability or any other public
emergency, shall be invoked as a justification for enforced
disappearance.

12. (1) No person shall be subject to torture or to cruel, inhuman or
degrading treatment or punishment.

(2) No restrictions shall be placed on the exercise of the
fundamental right declared and recognized by this Article.

13. (1) No person shall be arbitrarily deprived of his or her bodily
integrity.

(2) No person shall be subjected to medical or scientific experiment
without such person’s informed consent.

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.

(3) (a) No person shall be arbitrarily discriminated against
on any ground including race, gender, sex, sexual orientation,
gender identity, maternity, marital status, parental status, caste,
ethnic or social origin, age, disability, religion, conscience or belief,
political or other opinion, culture, language, place of birth, or place
of residence.

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Nothing in this paragraph shall prevent discrimination between
citizens and non-citizens provided that such discrimination is not
arbitrary.

(b) Every citizen shall have the right of equality of opportunity
in public employment.

(c) It shall be lawful to require a person to acquire within a
reasonable time sufficient knowledge of any national language as a
qualification for any employment or office in the service of the State
or in the service of any Public Service, Provincial Public Service,
local government service or public corporation, where such
knowledge is reasonably necessary for the discharge of the duties of
such employment or office.

(d) It shall be lawful to require a person to have sufficient
knowledge of any language as a qualification for any such
employment of office where no function of that employment or
office can be discharged otherwise than with knowledge of that
language.

(4) No person shall, on any of the grounds referred to in
subparagraph (a) of paragraph (2) (a) of this Article, be arbitrarily
subject to any disability, liability, restriction or condition with regard
to access to shops, public restaurants, hotels, places of public
entertainment and places of public worship of the person’s own
religion.

(5) Nothing in this Article shall prevent special measures being
taken by law, subordinate legislation or executive action where
necessary for the sole purpose of the protection or advancement of,
or ensuring substantive equality for, disadvantaged or
underprivileged individuals or groups including those that are
disadvantaged or underprivileged because of ethnicity, gender, sex,
age, mental or physical disability or historical marginalization or of
individuals and communities affected by war and conflict,
disturbances and disasters.

(6) No restriction shall be placed on the exercise of the rights
declared and recognized by this Article other than such restrictions
prescribed by law as are necessary in a democratic society for the
protection of national security, law and order or the protection of
public health or for the purpose of securing due recognition and
respect for the rights and freedoms of others.

15. (1) Every person is entitled to freedom of thought, conscience
and religion, including the freedom to have or to adopt a religion or
belief of the person’s choice.

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(2) No restrictions shall be placed on the exercise of the
fundamental right declared and recognized by this Article.

16. (1) Every person is entitled to the freedom, either alone or in
association with others, and either in public or in private, to manifest
the person’s religion or belief in worship, observance, practice,
propagation and teaching.

(2) No one shall be subject to coercion which would impair the
freedom to have or to adopt a religion or belief of his or her choice.

(3) No restriction shall be placed on the rights declared and
recognized by paragraph (1) of this Article other than such
restrictions prescribed by law as are necessary in a democratic
society for the protection of national security, law and order, or for
the purpose of securing due recognition and respect for the rights and
freedoms of others including the freedom declared by paragraph (2)
of this Article.\

17. (1) Every person shall have the right to hold opinions without
interference.

(2) No restriction shall be placed on the rights declared and
recognized by paragraph (1) of this Article.

18. (1) Every person is entitled alone or in association with others
to enjoy and promote such person’s culture and, to use the language
of such person’s choice.

(2) Persons belonging to a cultural or linguistic community
shall not be denied the right, with other members of that community,
to enjoy their own culture or to use their own language.

(3) No restriction shall be placed on the exercise of the rights
declared and recognized by this Article other than such restrictions
prescribed by law as are necessary in a democratic society for the
protection of law and order, racial or religious harmony, the
protection of public health or morality, the protection of the
environment or for the purpose of securing due recognition and
respect for the rights and freedoms of others.

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.

(2) The right in subsection (1) does not extend to
(a) propaganda for war,
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(b) incitement to violence, or

(c) advocacy of racial, ethnic, gender based or religious hatred
or disaffection among communities.

(3) No restrictions shall be placed on the right declared and
recognized by this Article other than such restrictions
prescribed by law as are necessary in a democratic society
for the protection of national security, law and order, the
protection of public health or morality, racial and religious
harmony or in relation to parliamentary privilege, contempt
of court, defamation or incitement to an offence or for the
purpose of securing due recognition and respect for the rights
and freedoms of others.

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:

(a) the State, a Ministry or any Government Department or any
statutory body established or created by or under any law;

(b) any Ministry of a Minister of the Board of Ministers of a
Province or any Department or any statutory body established or
created by a statute of a Provincial Council;

(c) any local authority; and

(d) any other person, who is in possession of such information
relating to any institution referred to in sub- paragraphs (a)
(b) or (c) of this paragraph.

(2) No restrictions shall be placed on the right declared and recognized
by this Article, other than such restrictions prescribed by law as are
necessary in a democratic society, in the interests of national
security, territorial integrity or public safety, for the prevention of
disorder or crime, for the protection of health or morals and of the
reputation or the rights of others, for the protection of the national
economy, privacy, prevention of contempt of court, protection of
parliamentary privilege, for preventing the disclosure of
information communicated in confidence, or for maintaining the
authority and impartiality of the judiciary.

(3) In this Article, "citizen" includes a body whether incorporated or
unincorporated, if not less than three-fourths of the members of
such body are citizens.

21. (1) Every citizen is entitled to the freedom of peaceful assembly.

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(2) No restrictions shall be placed on the exercise of the right
declared and recognized by this Article other than such restrictions
prescribed by any law as are necessary in a democratic society for
the protection of national security, law and order, racial or religious
harmony, the protection of public health or for the purpose of
securing the due recognition and respect for the rights and freedoms
of others.

22. (1) Every citizen is entitled to the freedom of association.

(2) No restrictions shall be placed on the exercise of the rights
declared and recognized by this Article other than such restrictions
prescribed by law as are necessary in a democratic society for the
protection of national security, law and order, racial or religious
harmony, national economy the protection of public health or morals
or for the purpose of securing due recognition and respect for the
rights and freedoms of others.

23. (1) Every person lawfully resident within the Republic is
entitled to the freedom of movement within the Republic and of
choosing such person’s residence within the Republic.

(2) Every person shall be free to leave the Republic unless
detained in accordance with the law.

(3) No restrictions shall be placed on the exercise of the rights
declared and recognized by paragraphs (1) and (2) this Article other
than such restrictions prescribed by law as are necessary in a
democratic society for the protection of national security or law and
order or national economy or the protection of public health or
morality or for the purpose of securing due recognition and respect
for the rights and freedoms of others or for the extradition of persons
from the Republic.

(4) Every citizen shall be entitled to return to the Republic.

(5) No restrictions shall be placed on the exercise of the right
declared and recognized by paragraph (4) of this Article.

24. (1) Every citizen is entitled to the freedom to engage alone or in
association with others in any lawful livelihood, trade, occupation,
profession, business or enterprise.

(2) Every citizen shall be entitled to exercise the right declared in
paragraph (1) of this Article within or outside Sri Lanka.

(3) No restrictions shall be placed on the exercise of the rights
declared and recognized by this Article other than such restrictions

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prescribed by law as are necessary in a democratic society for the
protection of the national economy, national security, law and order,
protection of public health or morality, the protection of the
environment or for the purpose of securing due recognition and
respect for the rights and freedoms of others or in relation to –

(a) the professional, technical, academic, financial and other
qualifications necessary for practising any profession or
carrying on any occupation, trade, business or enterprise,
and the licensing and disciplinary control of a person
practising a profession or carrying on an occupation, trade,
business or enterprise in the exercise of such fundamental
right; and

(b) the carrying on by the State, a State agency, a company
fully owned by the State or a public corporation of any
trade, business, industry, service or enterprise, whether to
the exclusion, complete or partial, of citizens or otherwise.

25. (1) Every citizen has the right to the enjoyment of just and favorable
conditions of work that ensures, in particular:

(2) remuneration which provides fair wages and equal remuneration
for work of equal value without distinction of any kind

(3) decent work and safe and healthy working conditions;

(4) equal opportunity for everyone to be promoted in employment to
an appropriate higher level, subject to no considerations other than
those of competence and appropriate qualifications including
seniority and experience where relevant; and

(5) rest, leisure and reasonable limitation of working hours and
periodic holidays with pay.

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.

(2) Every person is entitled to the right to participate in trade union
action, provided that the right is exercised in conformity with law.

(3) No restrictions shall be placed on the exercise of the rights
declared and recognized by this Article other than such restrictions
prescribed by law as are necessary in a democratic society for the
protection of national security, law and order, racial or religious
harmony or for the purpose of securing due recognition and respect
for the rights and freedoms of others.

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27. (1) No person shall be subjected to trafficking, slavery, practices
similar to slavery, or forced labour.

(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.

28. (1) Every person has the right to privacy, including

(a) the right to be protected from arbitrary interference with family
life or the inviolability of the home,

(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;

(c) the right not to have privacy of the person’s correspondence
and communications infringed.

(2) No restriction shall be placed on the exercise of the rights
declared and recognized by this Article other than such
restrictions prescribed by law as are necessary in a democratic
society for the protection of national security, law and order
or the protection of public health or morality or for the
purpose of securing due recognition and respect for the rights
and freedoms of others or for the enforcement of a judgment
or order of a competent court.

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.

30. (1) Every citizen is entitled to own property alone or in association
with others subject to the preservation and protection of the
environment and the rights of the community.

(2) No person shall be deprived of property except as permitted by
law.

(3) (a) No property shall be compulsorily acquired save for a clearly
described public purpose and except by authority of law which
provides for the payment of fair compensation having regard to the
prevalent market value of the property at the time of such
acquisition.

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(b) No property shall be requisitioned save for reasons of
public utility or law and order and except by authority of
law.

(c) Property requisitioned by the State shall be restored to their
lawful owners without undue delay.

31. (1) Every person has the right to education.

(2) Primary and secondary education shall be compulsory and shall
be provided free by the State.

(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.

(4) Nothing in this Article shall exclude the right of a lawful
guardian of a child, acting on that child’s behalf, or of any adult to
select an education provided by a private institution of education
whether denominational or otherwise.

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.

(2) No person may be denied emergency medical treatment.

(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.

(2) Every citizen has the right of access to –
(a) sufficient food and nutrition;
(b) clean water and sanitation;
(c) adequate housing and shelter;
(d) appropriate social protection including social security when
unable to support the citizen and the citizen’s dependents;
and
(e) decent employment

(3) The State shall take reasonable legislative and other measures

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with a view to achieving the progressive realization of the rights
guaranteed by paragraph (2).

(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 -

(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development and use of
natural resources

(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.

(2) Every child shall have the right –

(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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(3) No child shall be discriminated against on the ground of the
child's or his or her parent's or legal guardian's race, colour, sex,
sexual orientation, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other
status including the marital status of parents.

(4) Every child shall have the right to grow up in an environment
protected from the negative consequences of the consumption of
addictive substances harmful to the health of the child and, to the
extent possible, from the promotion of such substances.

(5) Every child shall have the right to free education provided by the
State.

(6) A child shall not be employed in any hazardous activity, shall be
protected from exploitative labour practices and shall not be
required or permitted to perform work or provide services that-
(a) are inappropriate for a person of that child’s age;
(b) places at risk, the child’s wellbeing, education, physical or
mental health or spiritual, moral or social development..

(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.

(9) In all matters concerning children, whether undertaken by
institutions of state or public or private social welfare institutions,
the best interest of the child shall be of paramount importance.

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.

(2) Persons with disabilities have the right to recognition everywhere
as persons before the law and shall enjoy legal capacity on an equal
basis with others in all aspects of life.

(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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disabilities access to the built environment, transportation,
information and communication, and all other facilities and services
open to and used by the public in urban and rural areas. Accordingly,
the State shall ensure the progressive identification and elimination
of all barriers to accessibility.

(5) Persons with disabilities have a right to seek and receive
information through all forms of communication of their choice
including augmentative and alternative means and modes of
communication

(6) The State shall promote the protection of citizens with a
disability or special needs as may be practicable and in accordance
with the law.

(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.

(b) To work in appropriate conditions, consistent with his or
her possibilities and capacities, with fair remuneration that
assures a dignified life.

(c) To the development of his or her individual potential.

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.

(2) Public services shall be provided to all persons without
discrimination and in a manner that is reasonable and without undue
delay.

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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recognized by this Chapter.

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.

(2) In prescribing measures under paragraph (1) of this Article, there
shall be no derogation -

(a) from [any of the rights declared and recognized by Articles
XXX] freedom of thought, conscience and religion, right to human
dignity, inherent rights of the person, right to recognition as a
person before the law, freedom from torture, security of the
person, right of freedom from enforced disappearance, freedom to
hold opinions, family rights, rights of the child and freedom from
exploitation;

(b) from the right declared and recognized by paragraph
(XXX) of the rights of arrested, detained and accused
persons [Article number to be inserted]unless at the same
time legal provision is made requiring –

(i) the Magistrate of the area in which such arrest was
made to be notified of the arrest; and

(ii) the person arrested to be produced before any
Magistrate, within such time as is reasonable in all
the circumstances of the case.

(3) In prescribing measures under paragraph (1) of this Article, the
State shall have a minimum core obligation to ensure the
satisfaction of minimum essential levels of the rights recognized
by Articles XXX [right to education, labour rights, right to health,
social rights and right to environment] and in discharging such
obligation the State shall not discriminate solely on any of the
grounds set out in Article XXX (prohibited grounds of
discrimination).

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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inconsistent with any such provision, such law shall be deemed to be
void to the extent of such inconsistency.

(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.

(3) (a) Within three months of the commencement of the
Constitution, the President shall establish a Commission consisting
of not more than five persons, appointed under the hand of the
President, who have distinguished themselves in the fields of law or
human rights, of whom one shall be appointed Chairperson, to
examine all existing written or unwritten (personal laws) and report
to the President as to whether any such law is inconsistent with the
provisions of the Constitution.

(b) In appointing the members of such Commission, the
President shall have due regard to the necessity of ensuring
the representation of the major communities on the
Commission.

(c) The Commission shall submit its report to the President
within a period of one year from the date of its
establishment and the President shall, as soon as
practicable, cause such report to be placed before
Parliament.

44. (1) Subject to following paragraphs of this Article, every person
shall be entitled to apply to the Court of Appeal as provided by
Article XXX in respect of the infringement or imminent
infringement by State action or non-State action of a fundamental
right to which such person is entitled under the provisions of this
Chapter;

(2) Where the person aggrieved is unable to make an application
under Article XXX owing to reasonable cause, an application may
be made on behalf of such a person, by any relative or friend of such
person, if the person aggrieved raises no objection to such
application.

(3) An application may also be made in respect of any individual,
group or class of persons affected or in the public interest, by any
person or by any incorporated or unincorporated body of persons,
acting bona fide.

(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.

46. (1) In interpreting the rights declared and recognized by this
Chapter , a court, tribunal or other body -
(a) shall take cognizance of the Directive Principles of State
Policy contained in Chapter XXX;

(b) shall promote the values that underlie an open and
democratic society based on human dignity, equality and
freedom;

(d) shall have regard to the international legal obligations of the
Republic and other sources of international law; and

(d) may have regard to foreign law.

(2) When interpreting any written or customary law, every court,
tribunal or other body shall promote the spirit, aims and objects of
this Chapter.

(3) The rights declared and recognized in this Chapter do not
derogate from any other rights or freedoms that are recognised or
conferred by common law, customary law or legislation, to the
extent that they are consistent with this Chapter.

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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make such directions as it may deem just and equitable in the
circumstances in respect of any petition or reference referred to in
this Article or refer the matter back to the Court making the
reference if, in its opinion, there is no infringement of a fundamental
right or language right declared and recognised by Chapters XXX.

Provided that in the case of an infringement or imminent
infringement of a fundamental right or language right by judicial
action, no order for compensation or costs shall be made against a
judicial officer who had acted bona fide and the Court of Appeal
may, in lieu thereof, order the State to pay any compensation or
costs.

(4) Where at the hearing of a petition or reference referred to in this
Article there are any disputed questions of fact, the Court of Appeal
may refer such questions to the Human Rights Commission of Sri
Lanka, the Official Languages Commission or other appropriate
body or person for inquiry and report.

(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.

(6) Where the State action complained of is that of a Judge or Judges
of the Supreme Court or Court of Appeal, the case will be heard in
the Supreme Court. Leave to proceed shall be granted or refused and
the matter shall be heard, if leave to proceed is granted, by a Bench
comprising all the Judges of the Supreme Court save those whose
action is complained of and any Judge who does not wish to
participate.

XX. Notwithstanding anything to the contrary in the Constitution, the
Supreme Court/Constitutional Court shall have sole and exclusive
jurisdiction and power to make-

(a) a declaration that any law made by Parliament, any statute
made by a Provincial Council or provision thereof that is
inconsistent with any provision of the Constitution is invalid
to the extent of the inconsistency; and

(b) any order that is just and equitable, including –

(i) an order limiting the retrospective effect of the declaration

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of invalidity; and

(ii) an order suspending the declaration of invalidity for such
period and subject to such conditions as would enable
Parliament or a Provincial Council to take steps to make
the impugned law or statute cease to be inconsistent with
the provisions of the Constitution.

Note: Provision to be made for a case to be referred to the Supreme
Court/ Constitutional Court when a question of interpretation of the
Constitution arises.

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.

Parliament shall be informed of the ratification of every such treaty
forthwith.

The provisions of a human rights treaty shall become a part of the
domestic law on the expiry of a period of two years reckoned from
the date of ratification. Parliament may by resolution extend such
period by one year or reduce such period. Any further extension of
the period, not exceeding one year at a time, would require a two-
thirds majority. Where Parliament passes a law incorporating a part
but not the entirety of a treaty before automatic incorporation, the
unincorporated provisions would become domestic law at the end of
the period concerned.

In relation to human rights treaties to which Sri Lanka is a party at
the time the new constitutional provisions come into effect, the two-
year period shall begin to run from such time.

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.

(2) The link language of the Republic shall be English.

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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

50. A Member of Parliament or a Member of a Provincial Council or a
member of a local authority shall be entitled to perform the duties
and discharge his/her functions in any of the national languages or
link language.

51. (1) Sinhala and Tamil shall be the languages of administration
throughout the Republic. Sinhala shall be the language used for the
maintenance of public records by national and provincial public
institutions and local authorities in all the Provinces other than the
Northern and Eastern Provinces, wherein Tamil shall be used.

(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.

52. (1) A person shall be entitled to communicate or transact business
with any official in Sinhala, Tamil or English and to receive a
response from such official in the language in which the person
communicated. The right to obtain a copy of a document in Sinhala,
Tamil or English or a translation thereof shall be guaranteed.

(2) The right to give information as regards any birth, death or
marriage in Sinhala, Tamil or English and to receive the original
certificate of such birth, death or marriage in such language and the
right to give information with regard to the commission of an
offence in Sinhala, Tamil or English shall also be guaranteed.

53. A Provincial Council or local authority which maintains its public
records in Sinhala or Tamil, shall be entitled to receive
communications from and to communicate and transact business
with, any official, in his or her official capacity, in Sinhala or Tamil,
as the case may be.

54. (1) A person shall be entitled to be examined through the medium of
either Sinhala or Tamil or English at any examination for the
admission of persons to any national or provincial service or any
public institution, subject to the condition that the person may be
required to acquire a sufficient knowledge of Tamil or Sinhala, as the
case may be, within a reasonable time.

(2) A person may be required to have a sufficient knowledge of
Sinhala or Tamil or English as a condition for admission when a
sufficient knowledge of such language is required for such office or
employment.

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55. All Acts of Parliament, Statutes of Provincial Councils and
subordinate legislation shall be enacted or made in Sinhala, Tamil
and English. Each such text shall be regarded as equally authoritative
unless the authority enacting or making such written law shall
otherwise provide.

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.

(3) Proceedings may be instituted and pleadings and other
documents be submitted in Sinhala, Tamil or English.

(4) The State shall provide interpretations and translations into
Sinhala, Tamil or English to enable the judge, juror, party or
applicant or other person to understand and participate in the
proceedings before a court.

(5) The Minister of Justice may permit the use of English in any
court.

57. (1) A person shall be entitled to be educated through the medium of
either Sinhala or Tamil and if facilities are available, through the
medium of English.

(2) A person shall be entitled to be instructed in any institution of
higher education in any national language of the person’s choice if
instruction in such language at such University is reasonably
practicable.
Provided that these provisions shall not apply to an institution of
higher education where the medium of instruction is a language other
than a national language.

(3) Where one national language is a medium of instruction for or in
any course, department or faculty of any institution of higher
education financed by the State, the other national languages shall
also be made the media of instruction for students who were
educated in the other national language prior to their admission,
unless such other national language is the medium of instruction for
or in any like course, department or faculty either at any other
campus or branch of such institution of higher education or of any
other like institution of higher education.

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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.

59. The State shall provide facilities to preserve or foster a language
used by any numerically small linguistic community if the grant of
such facilities has been recommended by the Official Language
Commission.

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.

(3) No distinction shall be drawn between citizens of Sri Lanka for
any purpose by reference to the mode of acquisition of such status,
as to whether acquired by descent or by virtue of registration.

(4) No citizen of Sri Lanka shall be deprived of his status of a citizen
of Sri Lanka, except under and by virtue of the provisions of sections
19, 20, 21 and 22 of the Citizenship Act :

Provided that the provisions of sections 23 and 24 of that Act shall
also be applicable to a person who became entitled to the status of a
citizen of Sri Lanka by virtue of registration under the provisions of
section 11, 12 or 13 of that Act.

(5) Every person who immediately prior to the commencement of the
Constitution was a citizen of Sri Lanka, whether by descent or by
virtue of registration in accordance with any law relating to
citizenship, shall be entitled to the status and to the rights of a citizen
of Sri Lanka as provided in the preceding provisions of this Article.

(6) The provisions of all existing written laws relating to citizenship
and all other existing written laws wherein reference is made to
citizenship shall be read subject to the preceding provisions of this
Article.
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CHAPTER VI - PRINCIPLES OF STATE POLICY AND
FUNDAMENTAL DUTIES

61. The Directive Principles of State Policy herein contained are
fundamental in the governance of the country and it shall be the duty
of the State to follow them for the establishment of a just, democratic
and free society.

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-

• The full realization of the fundamental rights and freedoms of
all persons;

• The promotion of the welfare of the People by securing and
protecting as effectively as it may, a social order in which
social, economic and political justice shall guide all
institutions of national life

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:

(a) promoting inclusive and sustainable economic growth,
employment and decent work for all

(b) eradicating poverty and illiteracy and reducing inequalities

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(c) ensuring access to affordable, reliable and sustainable
energy for all

(d) ensuring sustainable food production systems and support
for small farmers.

(e) ensuring the equitable distribution of natural and material
resources, and the social product, so as best to serve the
common good

(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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representatives/ officials to recognize the Constitution as the
supreme and the fundamental law of the country and obey its
provisions.

(2) It is the fundamental duty of the State, to refrain from promoting in
any manner ethno-nationalism in the country directly or indirectly.
The State shall promote civic nationalism and liberal patriotism
based on most enlightened religious and secular principles,
fundamental human rights and cosmopolitanism.

69. It shall be the duty of every citizen to-

a) Uphold and protect the independence, sovereignty, unity and
territorial integrity of Sri Lanka;
b) Uphold and defend the Constitution and its ideals and institutions;
c) Foster national unity and promote harmony amongst all the People
of Sri Lanka;
d) Respect the rights and freedoms of others;
e) Refrain from hate speech or expressions that could lead to
incitement or social disharmony
f) Value and preserve the rich heritage of our composite culture;
g) Protect and improve the environment, conserve its riches, and the
value of all forms of life;
h) Safeguard and preserve artistic or historical objects and places of
national importance;
i) Safeguard and protect public property and combat its waste and
misuse;
j) Refrain from directly and indirectly participating in bribery or
corruption;
k) Uphold the rule of law and renounce all forms of violence;
l) Work conscientiously in that citizen’s chosen occupation.

70. The provisions of this Chapter are not enforceable in any court or
tribunal

CHAPTER VII - THE CENTRAL EXECUTIVE - THE PRESIDENT
OF THE REPUBLIC

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.

72. The President shall be responsible to Parliament for the due
execution and performance of the powers and functions of the office
of President under the Constitution and under any other law,
including the law for the time being relating to public security.

73. (1) Any citizen who is qualified to be an elector under the
Constitution, and who possesses the qualifications set out in Article

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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.

(2) A citizen qualified under paragraph (1) of this Article shall be
elected at a joint sitting of Parliament and the Second Chamber as
the President if not less than one-half of the total of the whole
number of Members of Parliament and the Second Chamber
(including those not present) vote in favour of the citizen, in terms of
such procedure as shall be prescribed by Parliament by law / on the
basis of the exhaustive ballot system. (OPTIONS – IF LATTER, TO
BE DEFINED)

(3) The person elected as President shall assume office, as the
President upon making and subscribing the following affirmation or
taking and subscribing the following oath before the Chief Justice or;
in the absence of the Chief Justice, any other Judge of the Supreme
Court:-

“I , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do solemnly declare and
affirm/swear that I will be faithful and bear true allegiance to the
Republic of Sri Lanka, that I will uphold the Constitution of Sri
Lanka and that I shall faithfully perform the duties and functions of
the office of President of the Republic of Sri Lanka in accordance
with the Constitution and with the law.”

(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.

74. In addition to the powers and functions expressly conferred on or
assigned to the President by the Constitution or by any written law,
the President shall have the power -

(a) to preside at ceremonial sittings of Parliament;

(b) to summon and dissolve Parliament as provided by the
Constitution;

(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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(d) to receive and recognize, appoint and accredit, Ambassadors,
High Commissioners, Plenipotentiaries and other diplomatic agents;
Provided that this power shall be exercised on the advise of the
Cabinet of Ministers as communicated to him by the Prime Minister.

(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;

(f) to declare war and peace ;

(g) to appoint as President’s Counsel, attorneys-at-law who have
achieved eminence in the profession and have maintained high
standards of conduct and professional rectitude;

(h) to declare a state of emergency within a Province and to dissolve
a Provincial Council, in accordance with the provisions of the
Constitution ; and

(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-

(a) grant a pardon either free or subject to lawful conditions ;

(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;

(c) substitute, a less severe form of punishment, for any punishment
imposed on any 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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Justice or a Judge of the Supreme Court nominated by the Chief
Justice, the Minister of the Cabinet of Ministers in charge of the
subject of Justice or an official nominated by the Minister and the
Attorney-General or an officer of the Attorney-General’s
Department nominated by the Attorney-General, and subject to the
approval of his recommendation by the Prime Minister.

(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-

(a) grant a pardon, either free or subject to lawful conditions; or

(b) reduce the period of such disqualification.

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:

Provided that nothing in this paragraph shall be read and construed
as restricting the right of any person to make an application under
Article AAA (FR) and AAA (Writ) against the Attorney-General, in
respect of anything done or omitted to be done by the President, in
his official capacity:

Provided further that the Supreme Court shall have no jurisdiction to
pronounce upon the exercise of the powers of the President under
Article AAA.

(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.

(3) The immunity conferred by the provisions of paragraph (1) shall
not apply to proceedings in the Constitutional Court or Supreme
Court or Court of Appeal under Article AAA, AAA, AAA

77. (1) (a) Parliament shall by resolution determine the salary,
allowances and pension entitlement of the holder of the office of
President.

(b) The pension entitlement determined under sub-paragraph (a) of

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this paragraph shall be in addition to any other pension to which such
person is entitled by virtue of any prior service.

(2) The salary, allowances and pension of the President shall be
charged on the Consolidated Fund of Sri Lanka.

(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 –

(a) upon the death of the President ; or

(b) on the President resigning from the office of President by writing
addressed to the Speaker; or

(c) on a unanimous decision by a committee consisting of the
Speaker, Prime Minister and Leader of the Opposition that the
President is permanently incapable of discharging the functions of
the office of President by reason of mental or physical infirmity ; or

(d) on Parliament passing, by at least two-thirds of the whole number
of members of Parliament (including those not present) voting in its
favour, a resolution of no-confidence against the President,
introduced by any Member by a written notice addressed to the
Speaker and signed by such Member and by at least half the total
number of Members of Parliament, AND such resolution of no-
confidence being approved by at least two thirds of the whole
number of members of the Second Chamber (including those not
present).

(4) If the office of President becomes vacant prior to the expiration

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of the term of office of the President, Parliament and the Second
Chamber shall elect a successor to the President vacating office,
within one month of the occurrence of the vacancy, and the person
so succeeding to the office of President shall hold office only for the
unexpired period of the term of office of the President vacating
office.
Provided that, where Parliament is dissolved at the time such
vacancy occurs, the Speaker who held office immediately prior to
such dissolution shall summon Parliament and the Second Chamber,
for the purpose of electing a President.

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.

(2) The provisions of Article AAA shall mutatis mutandis apply to
any such appointment set out in paragraph (1) of this Article.

(3) The provisions of the Constitution relating to the President shall
apply, in so far as they can be applied, to an acting President.

CHAPTER VIII - THE CENTRAL EXECUTIVE - THE
PRESIDENT AND CABINET OF MINISTERS

81. (1) There shall be a Cabinet of Ministers charged with the direction
and control of the Government of the Republic.

(2) The Cabinet of Ministers shall be collectively responsible and
answerable to Parliament.

(3) The President shall appoint as Prime Minister the Member of
Parliament, the Member of Parliament who is in his opinion enjoys
the confidence of Parliament.

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.

(4) The Prime Minister shall be a member of the Cabinet of
Ministers and shall be the Head of the Cabinet of Ministers.

(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).

(4) Every Minister appointed under paragraph (1) shall be
responsible to the Cabinet of Ministers and to Parliament.

(5) Any Minister of the Cabinet of Ministers may, by Notification
published in the Gazette, delegate to any Minister who is not a
member of the Cabinet of Ministers, any power or duty pertaining to
any subject or function assigned to such cabinet Minister, or any
power or duty conferred or imposed on him by any written law, and
it shall be lawful for such other Minister to exercise and perform any
power or duty delegated notwithstanding anything to the contrary in
the written law by which that power or duty is conferred or imposed

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on such Minister of the Cabinet of Ministers.

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.

(3) Any Minister of the Cabinet of Ministers may by Notification
published in the Gazette, delegate to his Deputy Minister, any power
or duty pertaining to any subject or function assigned to him or any
power or duty conferred or imposed on him by any written law, and
it shall be lawful for such Deputy Minister to exercise and perform
any power or duty delegated notwithstanding anything to the
contrary in the written law by which that power or duty is conferred
or imposed on such Minister.

85. (1) The total number of–
(a) Ministers of the Cabinet of Ministers shall not exceed thirty; and
(b) Ministers who are not members of the Cabinet of Ministers and
Deputy Ministers shall not, in the aggregate, exceed thirty.

(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.

(3) A Minister of the Cabinet of Ministers, a Minister who is not a
member of the Cabinet of Ministers and a Deputy 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) is removed from office under the hand of the President, who shall
act on the advice of the Prime Minister;
(b) resigns from office by a writing under his hand addressed to the
President; or
(c) ceases to be a Member of Parliament.

86. (1) The Cabinet of Ministers functioning immediately prior to the
dissolution of Parliament shall, notwithstanding such dissolution,
continue to function and shall cease to function upon the conclusion
of the General Election and accordingly, the Prime Minister and the
Ministers of the Cabinet of Ministers, shall continue to function
unless they cease to hold office as provided in Article AAA and shall
comply with the criteria set out by the Elections Commission and
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shall not cause any undue influence on the General Election.

(2) Notwithstanding the death or resignation of the Prime Minister,
during the period intervening between the dissolution of Parliament
and the conclusion of the General Election, the Cabinet of Ministers
shall continue to function with the other Ministers of the Cabinet of
Ministers 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.

(3) On the death, removal from office or resignation, during the
period intervening between the dissolution of Parliament and the
conclusion of the General Election, of a Minister of the Cabinet of
Ministers, the President shall, acting on the advice of the Prime
Minister, appoint any other Minister to be the Minister in charge of
the Ministry of such Minister or to exercise, perform and discharge
the powers, duties and functions of such Minister.

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.

88. Whenever a Minister of the Cabinet of Ministers, a Minister who is
not a members of the Cabinet of Ministers or a Deputy Minister is
unable to discharge the functions of his office, the President shall,
acting on the advice of the Prime Minister, which advice may be
given at any time, appoint any Member of Parliament to act in the
place of such Minister of the Cabinet of Ministers, Minister who is
not a member of the Cabinet of Ministers or a Deputy Minister.

89. Where Parliament passes a motion of no confidence against the
Government, by a simple majority of the whole number of Members
of Parliament (including those not present), the Cabinet of Ministers
shall stand dissolved, and a Prime Minister and Cabinet of Ministers
shall be appointed in terms of Articles ____________

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90. (1) There shall be a Secretary to the Cabinet of Ministers who shall
be appointed by the Prime Minister.

(2) The Secretary shall, subject to the direction of the Prime
Minister, have charge of the office of the Cabinet of Ministers, and
shall discharge and perform such other functions and duties as may
be assigned to him by the Prime Minister or the Cabinet of Ministers.

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.

(2) The Secretary to a Ministry shall, subject to the direction and
control of his Minister, exercise supervision over the departments of
government and other institutions in charge of the Minister, falling
within the purview of the Minister, and shall be accountable for their
performance.

(3) Every Cabinet Minister shall be accountable for the directives
given by such Minister to the Secretary of such Ministry

(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.

Provided that National Policy on a subject contained in the
Provincial List shall only be formulated if:

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(a) such matter cannot be effectively dealt with by the legislation
or policy of an individual Province, or
(b) the maintenance of legal or economic unity, especially the
maintenance of equivalent living conditions beyond the territory
of a Province, necessitates it.

Provided further that in formulating National Policy on any matter
contained in the Provincial List, the Cabinet of Ministers shall adopt
a participatory process with the Provincial Boards of Ministers.

(2) Notwithstanding the formulation of National Policy by the
Cabinet of Ministers on a matter contained in the Provincial List, the
respective Provinces shall continue to retain competence with regard
to the exercise of the relevant executive or administrative powers in
respect thereof.

(3) The formulation of National Policy shall not override statutes
enacted by a Provincial Council in respect of matters in the
Provincial List.
Provided that in the event that Parliament enacts legislation to give
effect to such national policy, in accordance with the Constitutional
provisions relating to the enactment of legislation on subjects
contained in the Provincial List, such legislation shall prevail over
such Provincial statutes to the extent of inconsistency.

CHAPTER IX - THE CENTRAL LEGISLATURE

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.

97. Unless Parliament is sooner dissolved, every Parliament shall
continue for five years from the date appointed for its first meeting
and no longer, and the expiry of the said period of five years shall
operate as a dissolution of Parliament.

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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and defend the Constitution of the Democratic Socialist Republic of
Sri Lanka.”

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.

(2) A member holding office as the Speaker or the Deputy Speaker
or the Deputy Chairman of Committees shall, unless he earlier
resigns his office by a writing under his hand addressed to the
President or ceases to be a Member, vacate his office on the
dissolution of Parliament.

(3) Whenever the office of Speaker, Deputy Speaker or Deputy
Chairman of Committees becomes vacant otherwise than as a result
of a dissolution of Parliament, Parliament shall at its first meeting
after the occurrence of the vacancy elect another Member to be the
Speaker, the Deputy Speaker or the Deputy Chairman of
Committees, as the case may be.

(4) The Members holding office respectively as Speaker, Deputy
Speaker and Deputy Chairman of Committees immediately prior to
the dissolution of Parliament shall, unless they vacate office earlier
and notwithstanding such dissolution, continue to hold such office
until the conclusion of the General Election.

(5) The Speaker, or in the Speaker’s absence the Deputy Speaker, or
in their absence the Deputy Chairman of Committees, shall preside
at sittings of Parliament and if none of them is present, a Member
elected by Parliament for the sitting shall preside at that sitting of
Parliament.

100. Where the Speaker is unable to discharge the functions of the
Speaker’s office, the powers, duties and functions conferred on or
assigned to the Speaker by any provision of the Constitution may be
exercised, performed or discharged by the Deputy Speaker.

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.

Provided that, if the vote of confidence shall not be passed by a
majority of the Members of Parliament, the Member already
appointed as Prime Minister shall cease to hold office, and
Parliament shall elect one of its Members to be Prime Minister.

Provided further that if a Member of Parliament is elected as Prime
Minister by Parliament, such Member shall be sworn in by the

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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.

(2) Any election of the Prime Minister by Parliament shall be on the
exhaustive ballot system.

102. (1) There shall be a Secretary-General of Parliament who shall,
subject to the approval of the Constitutional Council, be appointed
by the President and who shall hold office during good behaviour.

(2) The salary of the Secretary-General shall be determined by
Parliament, shall be charged on the Consolidated Fund and shall not
be diminished during his term of office.

(3) The members of the staff of the Secretary-General shall be
appointed by him with the approval of the Speaker.

(4) The salaries of the members of the staff of the Secretary-General
shall be charged on the Consolidated Fund.

(5) The office of the Secretary-General shall become vacant –
(a) upon his death ;
(b) on his resignation in writing addressed to the President ;
(c) on his attaining the age of sixty years, unless Parliament
otherwise provides by law ;
(d) on his removal by the President on account of ill health or
physical or mental infirmity ; or
(e) on his removal by the President upon an address of
Parliament.

(6) Whenever the Secretary-General is unable to discharge the
functions of his office, the President may, subject to the approval of
the Constitutional Council, appoint a person to act in the place of the
Secretary-General.

103. The seat of a Member of Parliament shall become vacant –
(a) upon his death ;
(b) If, by a writing under his hand addressed to the Secretary-
General of Parliament, he resigns his seat ;
(c) upon his assuming the office of President consequent to his

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election to such office;
(d) if he was subject to any disqualification specified in Article
AAA at the time of being nominated as a candidate for the
election in question, or at the date of the election in question, or
at the time he took oaths as such Member;
(e) if he becomes subject to any disqualification specified in Article
AAA ;
(f) if, without the leave of Parliament first obtained, he absents
himself from the sittings of Parliament during a continuous
period of three months ;
(g) if his election as a Member is declared void under the law in
force for the time being ;
(h) upon the dissolution of Parliament ; or
(i) upon a resolution for his expulsion being passed in terms of
Article AAA.

104. (1) Ministers, Deputy Ministers and Members, including the
Speaker, the Deputy Speaker and the Deputy Chairman of
committees, shall be paid such remuneration or allowance as may be
provided by Parliament, by law or by resolution, and the receipt
thereof shall not disqualify the recipient from sitting or voting in
Parliament.

(2) Until Parliament so provides, the remuneration payable to
Ministers, Deputy Ministers and Members, including the Speaker,
the Deputy Speaker and the Deputy Chairman of Committees, shall
be the same as the remuneration paid to Ministers, Deputy Ministers
and Members including the Speaker, the Deputy Speaker and the
Deputy Chairman of Committees of the Parliament immediately
prior to the commencement of the Constitution.

105. Parliament 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.

106. (1) The President may by Proclamation, summon Parliament:

(2) The President may dissolve Parliament if Parliament requests the
President to do so by a resolution passed by not less than two-thirds
of the whole number of Members (including those not present),
voting in its favour.

(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.

(5) (a) A Proclamation dissolving Parliament shall fix a date or dates
for the election of Members of Parliament, and shall summon the
new Parliament to meet on a date not later than three months after
the date of such Proclamation.

(b) Upon the dissolution of Parliament by virtue of the provisions of
Article AAA, the President shall forthwith by Proclamation fix a
date or dates for the election of Members of Parliament, and shall
summon the new Parliament to meet on a date not later than three
months after the date of such Proclamation.

(c) The date fixed for the first meeting of Parliament by a
Proclamation under sub-paragraph (a) or sub-paragraph (b) may be
varied by a subsequent Proclamation, provided that the date so fixed
by the subsequent Proclamation shall be a date not later than three
months after the date of the original Proclamation.

(6) If at any time after the dissolution of Parliament, the President is
satisfied that an emergency has arisen of such a nature that an earlier
meeting of Parliament is necessary, the President may by
Proclamation summon the Parliament which has been dissolved to
meet on a date not less than three days from the date of such
Proclamation and such Parliament shall stand dissolved upon the
termination of the emergency or the conclusion of the General
Election, whichever is earlier.

107. Parliament may adjourn from time to time as it may determine by
resolution or Standing Order, until it is dissolved.

108. (1) Save as otherwise provided in the Constitution any question
proposed for decision by Parliament shall be decided by the majority
of votes of the Members present and voting.
(2) The person presiding shall not vote in the first instance but shall
have and exercise a casting vote in the event of an equality of votes,
or in the case of a question or resolution requiring a special majority
of the whole number of the Members, where the number of votes is
one less than two-thirds of the whole number of Members.

109. If at any time during a meeting of Parliament the attention of the
person presiding is drawn to the fact that there are fewer than twenty
Members present, the person presiding shall, subject to any Standing
Order, adjourn the sitting without question put.

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110. (1) Subject to the provisions of the Constitution, Parliament may by
resolution or Standing Order provide for –
(i) the election and retirement of the Speaker, the Deputy
Speaker and the Deputy Chairman of Committees, and
(ii) the regulation of its business, the preservation of order at its
sittings and any other matter for which provision is required
or authorized to be so made by the Constitution.

(2) Until Parliament otherwise provides by law or by resolution, the
Standing Orders of the Parliament, operative immediately prior to
the commencement of the Constitution, shall, mutatis mutandis, be
the Standing Orders of Parliament.

CHAPTER XI – THE SECOND CHAMBER

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.

(2) A member holding office as the Speaker or the Deputy Speaker
shall, unless he earlier resigns his office by a writing under his hand
addressed to the President or ceases to be a Member, vacate his
office on the dissolution of Second Chamber or upon the Second
Chamber electing any other Member to be the Speaker or Deputy
Speaker as the case may be.

(3) Whenever the office of Speaker or Deputy Speaker becomes
vacant otherwise than as a result of a dissolution of the Second
Chamber, the Second Chamber shall at its first meeting after the
occurrence of the vacancy elect another Member to be the Speaker or
the Deputy Speaker as the case may be.
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(4) The Speaker, or in the Speaker’s absence the Deputy Speaker
shall preside at sittings of the Second Chamber and if neither of them
is present, a Member elected by the Second Chamber for the sitting
shall preside at that sitting of the Second Chamber.

115. Where the Speaker is unable to discharge the functions of the
Speaker’s office, the powers, duties and functions conferred on or
assigned to the Speaker by any provision of the Constitution may be
exercised, performed or discharged by the Deputy Speaker.

116. (1) There shall be a Secretary-General of the Second Chamber who
shall, subject to the approval of the Constitutional Council, be
appointed by the President and who shall hold office during good
behaviour.

(2) The salary of the Secretary-General of the Second Chamber shall
correspond to that determined by Parliament in respect of the
Secretary General of Parliament, shall be charged on the
Consolidated Fund, and shall not be diminished during his term of
office.

(3) The members of the staff of the Secretary-General shall be
appointed by him with the approval of the Speaker.

(4) The salaries of the members of the staff of the Secretary-General
shall be charged on the Consolidated Fund.

(5) The office of the Secretary-General shall become vacant –
(a) upon his death ;
(b) on his resignation in writing addressed to the President ;
(c) on his attaining the age of sixty years, unless Parliament
otherwise provides by law ;
(d) on his removal by the President on account of ill health or
physical or mental infirmity ; or
(e) on his removal by the President upon an address of the
Second Chamber.

(6) Whenever the Secretary-General is unable to discharge the
functions of his office, the President may, subject to the approval of
the Constitutional Council, appoint a person to act in the place of the
Secretary-General.

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.

(2) Until Parliament so provides, the remuneration so payable to
Members, including the Speaker, and the Deputy Speaker, shall be
the same as the remuneration paid to Members, including the
Speaker, and the Deputy Speaker of the Parliament immediately
prior to the commencement of the Constitution.

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.

THERE WILL HAVE TO BE A DECISION WHETHER THIS
BODY CAN RESOLVE TO DISSOLVE ITSELF, THEREBY
TRIGGERING THE REQUIREMENT THAT ALL THE
PROVINCIAL COUNCILS AND PARLIAMENT REAPPOINT
DELEGATES, OR WHETHER THAT PROVISION SHOULD
NOT APPLY TO THE SECOND CHAMBER

121. (1) Save as otherwise provided in the Constitution any question
proposed for decision by the Second Chamber shall be decided by
the majority of votes of the Members present and voting.
(2) The person presiding shall not vote in the first instance but shall
have and exercise a casting vote in the event of an equality of votes,
or in the case of a question or resolution requiring a special majority
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of the whole number of the Members, where the number of votes is
one less than two-thirds of the whole number of Members.

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.

123. (1) Subject to the provisions of the Constitution, the Second
Chamber may by resolution or Standing Order provide for –
(i) the election and retirement of the Speaker and the Deputy
Speaker, and
(ii) the regulation of its business, the preservation of order at its
sittings and any other matter for which provision is required
or authorized to be so made by the Constitution.

(2) Until the Second Chamber otherwise provides by law or by
resolution, the Standing Orders of the Parliament, operative
immediately prior to the commencement of the Constitution, shall,
mutatis mutandis, be the Standing Orders of the Second Chamber.

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.

CHAPTER XII – THE CENTRAL LEGISLATURE -
LEGISLATIVE POWER

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.

(2) It shall not be a contravention of the provisions of paragraph (1)
of this Article for the Legislature to make, in any law relating to
public security, provision empowering the President, on the advise of
the Prime Minister, to make emergency regulations in accordance
with such law.

(3) It shall not be a contravention of the provisions of paragraph (1)
of this Article for Legislature to make any law containing any
provision empowering any person or body to make subordinate
legislation for prescribed purposes, including the power –
(a) to appoint a date on which any law or any part thereof shall
come into effect or cease to have effect;

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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.

(2) The passing of a Bill or a resolution by Parliament shall be in
accordance with the Constitution and the Standing Orders of
Parliament. Any one or more of the Standing Orders may be
suspended by Parliament in the circumstance and in the manner
prescribed by the Standing Orders.

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.

Provided that the enactment of legislation under this Article shall
not deprive the respective Provinces of their legislative and
executive competence.

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Provided that in the event that a law is passed in terms of paragraph
(a) of this Article, it shall be competent for any Provincial Council to
thereafter legislate with regard to the same matter, and to the extent
of inconsistency between the law and a Provincial Statute, the
provisions of the Provincial Statute shall prevail.

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.

For the avoidance of doubt it is specifically provided that this Article
shall not preclude the calling into question of any such law, or any
provision thereof, in terms of Article AAA (CONSTITUTIONAL
COURT JURISDICTION) for inconsistency with any other
provision of the Constitution.

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.

Provided that if any provision in a Statute of a Provincial Council is
inconsistent with the provisions of any law enacted by Parliament in
terms of this Article, the provisions of the law shall prevail, and to
the limited extent of such inconsistency the provision in the statute
shall be deemed to be void.

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.

For the avoidance of doubt it is specifically provided that this Article
shall not preclude the calling into question of any such law, or any
provision thereof, in terms of Article AAA (CONSTITUTIONAL
COURT JURISDICTION) for inconsistency with any other
provision of the Constitution.

136. (1) Notwithstanding the provisions of Articles ______ Parliament
may by law prescribe National Standards, where minimum standards
are necessary to ensure:

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a) the enjoyment by citizens of a reasonable minimum standard of
living throughout the country;
b) the enjoyment by citizens of a reasonable minimum standard of
state service delivery throughout the country; or
c) a reasonable minimum standard of environmental protection
throughout the country.
Provided that the power to prescribe National Standards shall not
deprive the respective Provinces of their legislative and executive
competence except the prescription of National Standards.

(2) The central government may also prescribe national standards by
way of regulations under authority of law, in the circumstances
specified above.
Provided that such regulations shall not be valid unless approved by
both Houses of Parliament.
Provided further that the substantive and procedural validity of such
regulations may be challenged in the Constitutional Court.

137. The Speaker of Parliament shall endorse on every Bill passed by
Parliament a certificate in the following form :–
“This Bill (here state the short title of the Bill) has been duly passed
by Parliament.”

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.

(3) Where the Constitutional Court determines that any Act of
Parliament (or any provision thereof) other than a Constitutional
Amendment, is inconsistent with any provision of the Constitution, it
may declare such Act or provision void to the extent of such
inconsistency.

Provided that the determination of the Constitutional Court shall,
save for exceptional reasons to be recorded in the determination of

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the Court, operate prospectively, and not affect any accrued rights of
parties, other than parties before Court.

Provided further that the Constitutional Court may in its
determination provide a specified period within which the
Legislature may remedy the inconsistency, and upon the expiry of
such period the specified provisions of the impugned law shall cease
to have effect.

Provided further that where a specified period is granted as
aforesaid, Court shall also specify whether the determination or any
part thereof shall have immediate application to the parties before
Court.

(4) The Constitutional Court may, pending a determination under
paragraph (3) of this Article, make appropriate interim orders.

139. Notwithstanding anything to the contrary in the provisions of Article
AAA a Bill which is inconsistent with any of the provisions of
Articles AAA (DEVOLVED POWERS) shall not become law unless
approved in the manner specified in Articles AAA respectively.

CHAPTER XIII – CONSTITUTIONAL AMENDMENTS

140. (1) Notwithstanding anything in this Constitution but subject to
paragraph (2) of this Article, the Legislature shall have exclusive
power to make law repealing or amending any provision of the
Constitution, or adding any provision to the Constitution.

(2) The Legislature shall not make any law:
(a) suspending the operation of the Constitution or any part
thereof; or
(b) repealing the Constitution as a whole unless such law also
enacts a new Constitution to replace it.

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.

(3) If in the opinion of the Speaker of Parliament, a Bill does not
comply with the requirements of paragraph (1) or paragraph (2) of
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this Article, the Speaker shall direct that such Bill be not proceeded
with, unless it is amended so as to comply with those requirements.

(4) Notwithstanding anything in the preceding provisions of this
Article, it shall be lawful for a Bill which complies with the
requirements of paragraph (1) or paragraph (2) of this Article to be
amended by Parliament provided that the Bill as so amended shall
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.

(3) No proceedings shall be taken on such Bill by the Parliament or
the Second Chamber, until the receipt of the Determination of the
Constitutional Court, or the expiry of the said period of six weeks,
whichever occurs first.

(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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number of Members of the Second Chamber (including those not
present) and upon a certificate to such effect being endorsed
thereon in accordance mutatis mutandis with the provisions of
Article AAA by the Speaker of the Second Chamber; and
(c) Where the Constitutional Court has determined that such Bill
also requires to be approved by the People at a Referendum (or
where the Cabinet of Ministers has certified that such Bill will be
submitted to the People at a Referendum) prior to being enacted
into law, such Bill is thereafter approved by the People at a
Referendum, and upon a certificate to such effect being endorsed
thereon in accordance with the provisions of Article AAA by the
Speaker.

The Speaker shall endorse on every Bill so approved a certificate
in the following form:
“This Bill/provision has been duly approved by the People at a
Referendum.”
Provided that no such certificate shall be endorsed by the
Speaker on a Bill –
(i) in any case where no petition is filed challenging the validity
of the Referendum at which such Bill was approved by the
People, until after the expiration of the period within which a
petition may be filed, under the law applicable in that behalf,
challenging the validity of such referendum ;
(ii) in any case where a petition is filed challenging the validity
of the Referendum at which such Bill was approved by the
People, until after the Constitutional Court determines that such
Referendum was valid.

Provided that every such certificate shall be final and conclusive
and shall not be called in question in any court, except on the
ground of inconsistency with the provisions of sub-articles (i)
and (ii) of the first proviso to this Article.

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.

145. Notwithstanding anything to the contrary in the provisions of Article
AAA a Bill for the amendment or for the repeal and replacement of
the Constitution or which is inconsistent with any of the provisions
of Articles AAA (DEVOLVED POWERS) or (ENTRENCHED
PROVISIONS) shall not become law unless enacted by a two-thirds
majority of the whole number of Members (including those not
present) of Parliament and a two-thirds majority of the whole
number of Members (including those not present) of the Second
Chamber, and thereafter approved by the People at a Referendum.

146. In this Chapter, “amendment” includes repeal, alteration and

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addition.

CHAPTER XIV – ELECTION OF MEMBERS OF PARLIAMENT

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.

(2) If any member of the Delimitation Commission shall die or
resign or if the President, on the recommendation of the
Constitutional Council, is satisfied that any such member has
become incapable of discharging his functions as such, the President
shall, in accordance with the provisions of paragraph (1) of this
Article, appoint another person in his place.

(3) The Delimitation Commission may appoint such staff as are
necessary for the purpose of assisting the Delimitation Commission
in the discharge of its functions.

(4) The Delimitation Commission may, if it considers necessary, co-
opt as staff of such Commission, any officers of the Elections
Commission of the Elections Department or any officer from any
Government Department, to assist in the discharge of its functions,
and such officers shall, for the period that their services are so
required, be deemed to be seconded to the Delimitation Commission.

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).

149. (1) In the division of Provinces into Electoral Constituencies, the
following factors shall be taken into consideration by the
Delimitation Commission:
(a) Where it appears to the Delimitation Commission that there is,
in any area of a Province, a substantial concentration of
persons united by a community of interest, whether racial,
religious or otherwise, but differing in one or more of these
respects from the majority of the inhabitants of that area, the
Commission may make such division of the Province into
electoral constituencies, as may be necessary to render
possible the representation of that interest;
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(b) In making such division, the Commission shall have due
regard to-
(i) the desirability of reducing to the minimum the
disproportion in the number of persons
resident in the several electoral constituencies
of the Province;
(ii) the geographical and Physical features of the
polling divisions; and
(iii) the level of economic development and the
prevailing cultural ties within the Province or
the electoral constituency.

(2) Where the Delimitation Commission is of the view that:
(a) Having considered the factors specified in sub-paragraph (1)
of this Article, it is appropriate to create dual-member
Electoral Constituencies which are entitled to return more than
one Member; or
(b) The reasons that led to the creation of dual-member
constituencies in the past are still valid and applicable,
the Delimitation Commission shall have the power to create a
dual-member Electoral Constituency or dual-member
Electoral Constituencies, as the case may be.

Provided that the Delimitation Commission shall ensure that the
number of dual-member Electoral Constituencies created shall be
kept at a minimum.

Provided further, that the Delimitation Commission shall ensure that
the total number of Members to be returned directly from the several
Electoral Constituencies, including the dual-member Electoral
Constituencies, is 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.

(2) The Delimitation Commission shall, within such time period, or
such extended time period, as the case may be, as shall be
determined by the President, and on accomplishing its mandate,
submit a report on the same to the President, together with its
reasons, including the reasons of the dissenting members, if any.

(3) The Report of the Delimitation Commission shall, within one
month of its being submitted to the President, be published in the
Gazette.

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151. The President shall by Proclamation publish the names and
boundaries of the electoral constituencies, and the number of
members, which each such electoral constituency and Province is
entitled to return by virtue of the provisions of Article AAA in
accordance with the decision of the Delimitation Commission. The
electoral constituencies and the number of members, which each
such electoral constituency and Province is entitled to return, as
specified in the Proclamation, shall come into operation at the next
ensuing General Election of Members of Parliament and shall
thereafter be the electoral constituencies of Sri Lanka for all the
purposes of the Constitution and of any law for the time being in
force relating to the election of Members of Parliament.

152. The several Electoral Constituencies shall be entitled to directly
return a total of one hundred and forty (140) Members to Parliament.

153. In addition to the Members elected directly from each Electoral
Constituency, the Provinces together shall be entitled to return an
additional seventy six (76) Members to Parliament.

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"

(2)The total number of electors whose names appear in the register
of electors of each Province shall be divided by the qualifying
number and each Province shall be entitled to return such number of
members as is equivalent to the whole number resulting from such
division (any fraction not been taken into account), and the balance
number of such electors, if any, after such division shall be dealt
with, if necessary, in accordance with paragraph (3) of this Article.

(3)Where the total number of members to be returned by all the
Provinces ascertained by reference to the qualifying number in
accordance with paragraph (2) of this Article is less than two
hundred and sixteen (216) members, the apportionment of the
entitlement among the Provinces of the balance number of members
shall be by reference to the balance number of such electors, the
Province having the highest of such balance number of such electors
or such total number of such electors, being entitled to return one
more member and so on until the total number of members to be
returned number two hundred and sixteen (216).

(4) Where in making an apportionment under paragraph (2) or (3) of
this Article an equality is found to exist between two or more
balance number of such electors of a Province and the addition of

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one such elector would entitle one Province to return an additional
member, the determination of the Province(s) to which one such
elector shall be deemed to be added shall be determined by lot.

(5) The Election Commission, as soon as possible after the
certification of the registers of electors for all the Provinces, shall by
Order published in the Gazette certify the number of members which
each Province is entitled to return by virtue of the Proclamation
under Article AAAX and this Article.

(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.

(7) Notwithstanding anything to the contrary in the Constitution, for
the first two Parliaments to be elected under this Constitution:
(a) the Election Commission shall perform the calculations referred
to in paragraphs (1), (2) and (3) of this Article based on two hundred
and twelve (212) instead of two hundred and sixteen (216).
(b) an additional four seats shall be added to the entitlement of the
Northern Province calculated in paragraph (4) of this Article

155. (1) The total number of Members which each individual Province is
entitled to return shall comprise of:

(a) such number of Members as is equivalent to the number of
Members the Electoral Constituencies within such Province
are entitled to return; and

(b) such number of additional Members to be elected (hereinafter
in this Article referred to as the ‘additional Members’) in
order to ensure that the total number of Members elected
from such Province is equivalent to the number of Members
which such Province is entitled to return in accordance with
the Order of the Election Commission published in
accordance with the provisions of paragraph (5) of Article
AAA

(2) Every Elector at an election of Members of Parliament shall in
his vote indicate his preference:

(a) For one recognized political party or independent group
contesting within the Electoral Constituency.

(b) For such number of candidates contesting from such
recognized political party or independent group contesting
within his Electoral Constituency, as is equivalent to the
number of Members such Electoral Constituency is entitled
to directly return to Parliament.

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Provided that in the case of an Electoral Constituency which
is entitled to return only one Member, the vote shall be
deemed to be a vote for the candidate nominated by such
Party of Group in respect of such Electoral Constituency.
Provided further that, in the case of an Electoral Constituency
entitled to return more than one Member, he may cast more
than one, or all, his votes in favour of one candidate of such
Party or Group.
Provided further that the vote of an Elector shall not be
invalid merely because he does not exercise all his
preferences.

(3) Any recognized political party or any group of persons contesting
as independent candidates (hereinafter referred to as an "independent
group") may for the purpose of any election of Members of
Parliament for any electoral district, submit one nomination paper
setting out:

(a) the names of each candidate, or the candidates, as the case may
be, nominated in respect of each Electoral Constituency, and

(b) the names of additional candidates in respect of such Province
as is equivalent to the number of additional members entitled
to be elected from such Province in terms of Article AAA ,
increased by three.

(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".

(6) The total number of votes polled by each recognized political
party and independent group within the Province, out of the votes
specified in paragraph (2) of this Article, beginning with the party or
group which polled the highest number of votes, shall then be
divided by the resulting number and the returning officer shall
declare the number of Members entitled to be elected from each such
recognized political party and independent group, as is equivalent to
the whole number resulting from the division by the resulting

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number of the votes polled by such party or group. The remainder of
the votes, if any, after such division, shall be dealt with, if necessary,
under paragraph (7) of this Article.

(7) Where after the declaration of the election of such number of
members as provided in paragraph (6) of this Article there are one or
more seats to be allocated, such number of seats shall be apportioned
by reference to the remainder of the votes referred to in paragraph
(6) to the credit of each party or group after the declaration made
under that paragraph and the votes polled by any party or group not
having any of its candidates entitled to be declared elected under
paragraph (6), the party or group having the highest or next highest
number of votes being declared to be entitled to elect a member and
so on until all the number of members to be elected are declared
elected.

Provided that, where in making an apportionment under paragraph
(7) of this Article an equality is found to exist between the balance
number of votes received by two or more parties or groups and the
addition of one vote elector would entitle one party or group to
return an additional member, the determination of the party or group
to which one such vote shall be deemed to be added shall be
determined by lot.

(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.

(9) (a) Notwithstanding anything to the contrary in sub-articles (6),
(7) and (8) of this Article, if any recognized political party or
independent group has obtained more seats by virtue of winning
more Electoral Constituencies than the number of seats it would be
entitled to by virtue of the provisions of sub-articles (6), (7) and (8)
of this Article, it shall be deemed to have been allocated such
number of seats as is equal to the number of Electoral Constituencies
it has won, and shall not be allocated any further seats out of the
seats allocated to such Province.

(b) If any recognized political party or independent group has
obtained more seats by virtue of winning more Electoral
Constituencies than the number of seats it would be entitled to by
virtue of the provisions of sub-articles (6), (7) and (8) of this Article,
such number of seats as such party or group shall have obtained in
excess of the seats to which it is entitled by virtue of the provisions
of sub-articles (6), (7) and (8) of this Article shall be referred to
‘overhanging’ seats and shall be dealt with in accordance with the
provisions of Article AAA.

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(10) The Members of Parliament to be declared as elected from each
such recognized political party or independent group shall be
determined in the following manner:

(a) The candidate nominated by the recognized political party or
independent group which polls the highest number of votes in any
electoral constituency shall be declared elected as the Member of
Parliament elected from such electoral constituency,
Provided that in the case of Dual Member Electoral Constituencies,
the two candidates who poll the highest number of votes in such
electoral constituency, shall be declared elected as the Member of
Parliament elected from such electoral constituency;

(b) The balance number of members to which each recognized
political party or independent group is entitled to have as declared
elected as Members of Parliament (after subtracting the total number
of Members of Parliament elected under sub-paragraph (a) above
from the total number such recognized political party or independent
group is entitled to in terms of sub-paragraph (8) of this Article)
shall be declared elected by the Elections Commission in the
numerical order in which such names appear in the list furnished by
such recognized political party or independent group in terms of
Article AAA, having accounted for candidates already declared
elected.

OPTION FOR (b) – ‘BEST LOSER’

(b) The balance number of members to which each recognized
political party or independent group is entitled to have as declared
elected as Members of Parliament (after subtracting the total number
of Members of Parliament elected under sub-paragraph (a) above
from the total number such recognized political party or independent
group is entitled to in terms of sub-paragraph (8) of this Article)
shall be declared elected upon the names of such Members being
communicated to the Elections Commission by the Secretary of such
recognized political party or independent group.

Provided that the Secretary of such recognized political party or
independent group shall only be entitled to nominate the names of
persons contained in the list submitted in terms of Article AAA
whether in sub-article (a) or (b) thereof.

Provided further than in nominating persons as aforesaid
immediately consequent to the declaration of the results of a General
Election, the Secretary of such recognized political party or
independent group shall alternately nominate persons as follows:
(i) as his first nomination nominate a person appearing in the list
submitted in terms of Article AAA who has secured the
highest percentage of votes among those candidates from

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such recognized political party or independent group who
were not elected,
(ii) as his second nomination nominate a person appearing in the
list submitted in terms of Article AAA, provided that in
nominating a person in terms of sub-paragraph (ii) the
Secretary shall follow the numerical order in which such
names appear in the list furnished by such recognized
political party or independent group in terms of Article AAA
as so on, until the total number of persons entitled to be nominated
have been nominated.

(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.

156. Every recognized political party or independent group contesting a
General Election shall submit to the Election Commission within the
nomination period specified for such election a list of twenty (20)
persons qualified to be elected as Members of Parliament
(hereinafter referred to as the ‘National List’), from which it may
nominate persons to fill the seats, if any, which such party or group
will be entitled to, on such apportionment.

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".

(b) The total number of votes polled by each recognized political
party and independent group within all Provinces, beginning with
the party or group which polled the highest number of votes,
shall then be divided by the resulting number and the Election
Commission shall declare the number of Members entitled to be
elected nationwide from each such recognized political party and
independent group, as is equivalent to the whole number
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resulting from the division by the resulting number of the valid
votes polled by such party or group. The remainder of the votes,
if any, after such division, shall be dealt with, if necessary, under
sub-paragraph (e).

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.

Provided further that, in such event, the entitlement of the parties
and independent groups other than those specified in the first
proviso, shall be recalculated in terms of sub-paragraph (c)

(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".

(d) The total number of votes polled by each recognized political
party and independent group within all Provinces, beginning with
the party or group which polled the highest number of votes,
other than such party or groups specified in the first proviso to
sub-paragraph (b), shall then be divided by the resulting number
and the Election Commission shall (notwithstanding the
provisions of sub-paragraph (a)) declare the number of Members
entitled to be elected nationwide from each such recognized
political party and independent group, as is equivalent to the
whole number resulting from the division by the resulting
number of the valid votes polled by such party or group. The
remainder of the votes, if any, after such division, shall be dealt
with, if necessary, under sub-paragraph (e).

(e) Where after the declaration of the election of such number of
members as provided in sub-paragraph (b) and / or (d) of this
Article, as the case may be, there are one or more seats yet to be
allocated, such seat(s) shall be allocated by reference to the
remainder of the votes referred to in paragraph (b) or (d) as the
case may be, to the credit of each party or group after the
declaration made under that paragraph and the votes polled by
any party or group not having any of its candidates entitled to be
declared elected under paragraph (b) or (d) as the case may be,

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the party or group having the highest or next highest number of
votes being declared to be entitled to elect a member and so on
until all the number of members to be elected are declared
elected.

(f) Where under sub-paragraph (b)or (d) an equality is found to exist
between the votes polled by two or more recognized political
parties or two or more independent groups or any combination of
them and the addition of a vote would entitle the allocation of an
additional member to one such party or group, the determination
of the party or group to which such additional vote shall be
deemed to have been given shall be made by lot.

(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.

(h) The Elections Commission shall declare elected such number of
Members as corresponds to the number specified in sub-
paragraph (g), 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.

(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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(2) Parliament may by law provide for the representation of
underrepresented communities and groups.

160. (1) Where a Member of Parliament ceases by death, resignation,
expulsion or otherwise, to be a member of a recognized political
party or independent group on whose nomination paper (hereinafter
referred to as the " relevant nomination paper ") his name appeared
at the time of his becoming such Member of Parliament, his seat
shall become vacant immediately, in the event of death, or upon a
vacancy occurring due to any other reasons, upon the expiration of a
period of one month from the date of his ceasing to be such member.

(2) In the case of the expulsion of a Member of Parliament elected to
Parliament in terms of Article AAA (from the additional members)
or AAA (national list) his seat shall not become vacant if prior to the
expiration of the said period of one month he applies to the
Constitutional Court by petition in writing, and the Constitutional
Court upon such application determines that such expulsion was
invalid. The Constitutional Court shall make its determination within
two months of the filing of the petition. Where the Constitutional
Court determines that the expulsion was valid the vacancy shall
occur from the date of such determination.

Provided that the Constitutional Court shall not declare any
expulsion to be invalid if there is reasonable cause to believe that
such Member of Parliament has been guilty of any act of indiscipline
against such recognized political party or independent group and / or
has violated any of the provisions of the constitution of such
recognized political party or independent group and / or failed to act
in accordance with the decisions of such recognized political party or
independent group.

Provided further that except as herein provided, no court other than
the Constitutional Court shall have jurisdiction to hear and determine
any matter relating to disciplinary action taken or proposed to be
taken by any recognized political party or independent group against
a member thereof, who is a Member of Parliament, and accordingly
no court shall have the power to grant a writ, injunction, an enjoining
order or any other relief, preventing, restraining or prohibiting any
such action or proposed action.

(3) Where the seat of a Member of Parliament becomes vacant as
provided in Article AAA or by virtue of the preceding provisions of
this paragraph:

(i) if the seat was one obtained by such Member of Parliament in
terms of Article AAA (directly elected from constituency) a
by-election shall be held in respect of such Electoral
Constituency within one month of the occurrence of such

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vacancy.

Provided that the results of such by-election shall only be
used to return a Member in respect of such Electoral
Constituency and shall not affect the allocation of other seats
made in terms of the other provisions of Article AAA.

(ii) if the seat was one obtained by such Member of Parliament in
terms of Article AAA (from the additional members) the
vacancy shall be filled by the Elections Commission
declaring as elected the person whose name appears next in
the numerical order in which such names appear in the said
list, after accounting for any Members already declared
elected from such list.

Provided further that, if all the persons named in the list
submitted in terms of Article AAA cannot be nominated due
to their death or their having being previously expelled from,
or ceasing to be members of, such recognized political party
or independent group, the Secretary of such recognized
political party or independent group shall be entitled to
nominate a person whose name does not appear in such list,
provided that the name of such person appears in the list
submitted under Article AAA in respect of any other
Province, or the list submitted under Article AAA, and the
Elections Commission shall declare such person elected.

(iii) if the seat was one obtained by such Member of Parliament in
terms of Article AAA (national list) the vacancy shall be
filled by the Elections Commission declaring as elected the
person whose name appears next in the numerical order in
which such names appear in the said list, after accounting for
any Members already declared elected from such list.

Provided that, if all the persons named in the list submitted in
terms of Article AAA (national list) cannot be nominated due
to their death or their having being previously expelled from,
or otherwise ceasing to be members of, such recognized
political party or independent group, the Secretary of such
recognized political party or independent group shall be
entitled to nominate the names of persons contained in any
list submitted in terms of Article AAA for any Province, and
the Elections Commission shall declare such person elected.

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CHAPTER XV – ELECTION AND APPOINTMENT OF
MEMBERS OF THE SECOND CHMBER

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.

(3) Each Provincial Council shall inform the Elections Commission
of the persons so nominated, and the Elections Commission shall
forthwith declare by notification in the Gazette, such persons as the
nominees of each such Provincial Council, to the Second Chamber.

(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.

(5) In the event of the death or resignation or vacation of seat in the
relevant Provincial Council, the Provincial Council shall act in terms
of paragraph (2) of this Article to fill such vacancy.

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.

(2) The persons so elected should be persons of eminence and
integrity who have distinguished themselves in public or
professional life.

(3) The Elections Commission shall be notified of such election by
the Secretary General of Parliament and shall forthwith declare by
notification in the Gazette, such persons as being elected to the
Second Chamber by 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 that the persons elected in terms of this Article shall
function until the next Parliament shall elect nominees in terms of
this Article.

(5) In the event of a vacancy arising in respect of any such Member,
such vacancy shall be filled in the manner specified in paragraph (1)
of this Article.

163. (1) A Provincial Council may, at any time, by a simple majority of
all the Members of such Provincial Council, including those not
present, exercise the option of recall of the Members nominated by
such Provincial Council to the Second Chamber.

Provided that a Provincial Council shall not be entitled to recall
individual nominees, but must exercise a recall in respect of the
entire delegation nominated by such Provincial Council.

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.

(2) A Provincial Council shall immediately upon the exercise of such
recall act in terms of Article AAA (1), (2) and (3) and return five
members to the Second Chamber.

Provided that any such Provincial Council shall be entitled to re-
nominate any one or more of the original nominees to the Second
Chamber.

(3) The Elections Commission shall forthwith simultaneously gazette
the recall and the new nominations, and such recall and fresh
nominations shall take effect immediately thereon.

CHAPTER XVI – THE REFERENDUM

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).

PROVISION FOR SPEAKER TO REFER IF THE
PRESIDENT DOES NOT DO SO WITHIN A SPECIFIED
TIME

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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.

167. (1) Every Referendum shall be conducted by the Elections
Commission who shall communicate the result thereof to the
President

(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.

CHAPTER XVII – THE FRANCHISE AND ELECTIONS

168. Every citizen shall, unless disqualified as hereinafter provided, be
qualified to be an elector at the election of Members of Parliament
and of Members of a Provincial Council, and to vote at any
Referendum.
Provided that no citizen shall be entitled to vote at such election or
Referendum unless the name of the citizen is entered in the
appropriate register of electors.

169. A person shall not be qualified to be an elector at an election of
Members of Parliament or Members of Provincial Council or to vote
at any Referendum if the person is subject to any of the following
disqualifications, namely –
(a) if the person is not a citizen of Sri Lanka;
(b) if the person has not attained the age of eighteen years on the
qualifying date specified by law under the provisions of Article
AAA;
(c) if the person is under any law in force in Sri Lanka found or
declared to be of unsound mind;
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(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;

(f) if a period of five years has not elapsed since –
(i) the last of the dates, if any, of the person being convicted of
an offence under the provisions of sections 77 to 82 (both
inclusive) of the Local Authorities Elections Ordinance or for
such offence under any future law, as would correspond to
any offence under the said sections; or
(ii) the last of the dates, if any, of the person being convicted of
an offence under the provisions of sections 2 and 3 of the
Public Bodies (Prevention of Corruption) Ordinance or of
such offence under any future law, as would correspond to
the said offence;

(g) if a period of three years has not elapsed since –
(i) the last of the dates, if any, of the person being convicted of
an illegal practice under the Parliamentary Elections Act, No.

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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;

(h) if a period of seven years has not elapsed since –
(i) the date of the person being convicted of any offence under the
provisions of sections 188 to 201 (both inclusive) of the Penal
Code or for such other offence under any future law, as would
correspond to any offence under the said sections; or
(ii) the date of the person being convicted of an offence of contempt
against, or in disrespect of, the authority of any Special
Presidential Commission of Inquiry by reason of -
(1) the failure of such person without cause which in the opinion
of such Commission is reasonable, to appear before such
Commission at the time and place mentioned in any
summons which such Commission is empowered by law to
issue;
(2) the refusal of such person to be sworn or affirmed, or the
refusal or failure of such person, without cause which in the
opinion of such Commission is reasonable, to answer any
question put to such person touching the matters directed to
be inquired into by such Commission; or
(3) the refusal or failure of such person, without cause which in
the opinion of such Commission is reasonable, to produce
and show to such Commission any document or thing which
is in the possession or power of such person and which in the
opinion of such Commission is necessary for arriving at the
truth of the matters to be inquired into by such Commission;
or

(i) if the period of the person’s disqualification imposed under Article
AAA has not elapsed.

(2) Where any person disqualified to be an elector under sub-paragraph
(d) of paragraph (1) of this Article is granted a free pardon by the
President under sub-paragraph (a) of paragraph (1) of Article AAA, such
disqualification shall cease from the date on which the pardon is granted.

170. (1) Every person who is qualified to be an elector shall be qualified
to be elected as a Member of Parliament or a Member of a Provincial
Council unless the person is disqualified under the provisions of

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paragraph (2).

(2) A person shall not be qualified to be elected as a Member of
Parliament or to sit and vote in Parliament, or to be elected as a
Member of a Provincial Council or to sit and vote in a Provincial
Council –

(a) if the person is or becomes subject to any of the
disqualifications specified in Article AAA;

(b) if the person is a citizen of Sri Lanka who is also a citizen of
any other country;

(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);

(d) in the case of a Parliamentary General Election if the person-
(i) stands nominated as a candidate for election for more than
one Province or more than one electoral constituency at a
General Election;
(ii) stands nominated as a candidate for election by more than
one recognised political party or independent group in
respect of such election

(e) in the case of a Provincial Council Election if the person-
(i) stands nominated as a candidate for election for more than
one Province or more than one electoral constituency at a
Provincial Council Election;
(ii) stands nominated as a candidate for election by more than
one recognised political party or independent group in
respect of such Provincial Council election;

(f) if the person is the President of the Republic;

(g) if the person is the Governor of a Province;

(h) if the person is
(i) a judicial officer;
(ii) the Parliamentary Commissioner for Administration
(Ombudsman);
(iii) the Secretary-General of Parliament or a member of the
staff of the Secretary-General;
(iv) the Secretary-General of the Second Chamber or a member
of the staff of the Secretary-General of the Second
Chamber;
(v) a member of any Commission specified in Article AAA

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(Appointments by the Constitutional Council, including
Provincial appointments)
(vi) the Auditor-General;
(vii) a public officer or an officer of the Provincial Public
Service;
(viii)an officer in any public corporation
(ix) a member of the Regular Force of the Army, Navy or Air
Force; or a police officer or a public officer exercising
police functions;

(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;

(j) if the person is an undischarged bankrupt or insolvent, having
been declared bankrupt or insolvent by a Court of competent
jurisdiction; or

(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;

(3) For the purposes of sub-paragraph (k) of paragraph (2) of this
Article, the acceptance by a Member of Parliament or Provincial
Council of any allowance or other payment made to the Member by
any trade union or other organisation solely for the purpose of the
maintenance of the Member shall be deemed not to be an acceptance
of a bribe or gratification.

171. The voting for the election of Members of Parliament, Members of
a Provincial Council, and at any Referendum, shall be free, fair and by
secret ballot.

172. Any person who -
(a) having been elected a Member of Parliament or a Member of a
Provincial Council but not having been at the time of such election
qualified to be so elected, shall sit or vote in Parliament or such
Provincial Council; or
(b) shall sit or vote in Parliament or a Provincial Council after the
person’s seat therein has become vacant or the person has become
disqualified from sitting or voting therein,
knowing or having reasonable grounds for knowing that the person
was so disqualified or that the person’s seat has become vacant, as the
case may be, shall be liable to a penalty of fifty thousand rupees for
every day upon which the person so sits or votes, to be recovered as a
debt due to the Republic by an action instituted by the Attorney-

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General in the District Court of Colombo.

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.

CHAPTER XVIII – THE JUDICIARY

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.

175. (1) The sittings of every court, tribunal or other institution
established under the Constitution or ordained and established by
Parliament shall subject to the provisions of the Constitution be held in
public, and all persons shall be entitled freely to attend such sittings.
(2) A judge or presiding officer of any such court, tribunal or other
institution may, in his discretion, whenever he considers it desirable -
(a) in proceedings relating to family relations,
(b) in proceedings relating to sexual matters,
(c) in the interests of national security or public safety, or
(d) in the interests of order and security within the precincts of such
court, tribunal or other institution.
exclude therefrom such persons as are not directly interested in the
proceedings therein.

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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Rules pertaining to the procedure to be followed in the making of
recommendations to the President, relevant procedures relating to
notifying members of the public of a vacancy, receiving nominations to
fill the vacancy, vetting of candidates, assessment of their qualifications
and experience, ascertaining the consent of a candidate to be
recommended for appointment and any other relevant matter. The Rules
shall not limit members of the public from nominating themselves or any
other person to fill a vacancy.
Provided that, until such time as the Constitutional Council shall
formulate such Rules, the Rules of the Constitutional Council in force
immediately prior to the coming into force of this Constitution shall
mutatis mutandis apply.
(4) In making recommendations for appointments to the office of
President of the Constitutional Court, the Chief Justice, President of the
Court of Appeal and every other Judge of the Constitutional Court,
Supreme Court and Court of Appeal, the Constitutional Council shall
consult judges of the superior courts including the judge being replaced
(except in cases of impeachment, where the outgoing judge should not be
consulted), the Attorney General, the President of the Bar Association and
any other relevant person.
(5) Every person appointed to be or to act as the President of the
Constitutional Court, Chief Justice, President of the Court of Appeal or a
Judge of the Constitutional Court, Supreme Court or Court of Appeal shall
not enter upon the duties of his office until he takes and subscribes or
makes and subscribes before the President, the oath or the affirmation set
out in the AAA Schedule.
(6) The age of retirement of Judges of the Supreme Court and Court of
Appeal shall be sixty-five years.
Provided that a retiring judge of the Court of Appeal or Supreme Court
could be provided an extension by the Constitutional Council, on the
request of the Chief Justice or President of the Court of Appeal as the case
may be, for a period not extending three months to draft and finalize
pending orders and judgments. However, the judge would not be entitled
to sit and hear cases during this limited period of extension.
(7) The Judges of the Constitutional Court shall be appointed for a period
of five years, and may be reappointed.

177. (1) No judge of the Constitutional Court, Supreme Court or Court
of Appeal shall be subject to disciplinary proceedings other than on
grounds of proved misbehaviour, incapacity or the intentional
violation of the Constitution.
(2) The Constitutional Council shall have the power to entertain
complaints regarding any judge of the Constitutional Court, Supreme
Court or Court of Appeal.

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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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appoint another Judge of the Constitutional Court, the Supreme Court,
or of the Court of Appeal, as the case may be, to act in the office of
President of the Constitutional Court, Chief Justice, or President of the
Court of Appeal, respectively, during such period.
(2) If any Judge of the Constitutional Court, Supreme Court or 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 may appoint on
recommendation of the Constitutional Council another person to act as a
Judge of the Constitutional Court, Supreme Court or Court of Appeal, as
the case may be, during such period.

180. (1) A Judge of the Constitutional Court, Supreme Court or Court
of Appeal shall not perform any other paid or unpaid function during
his tenure in office as a Judge, other than in exceptional circumstances
with the approval of the Constitutional Council.

(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.

CHAPTER XIX – THE CONSTITUTIONAL COURT

181. (1) There shall be a Constitutional Court which shall comprise a
President and six other members who shall exercise jurisdiction as
provided herein.

(2) The President and members of the Constitutional Court shall be
appointed by the President on the recommendation of the
Constitutional Council, and shall be persons who have distinguished
themselves in the judiciary, legal practice or legal education with
specialized knowledge or experience in constitutional law.

(3) The Constitutional 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.

(4) The several jurisdictions of the Constitutional Court shall be
ordinarily exercised at Colombo unless the President of the
Constitutional Court otherwise directs.

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(5) The jurisdiction of the Constitutional Court shall ordinarily be
exercise be all judges of the Court sitting together.
Provided that where all judges are unable to sit together, all available
judges shall hear and determine the matter.
Provided further that where the number of all available judges is an
even number, all remaining judges, excluding the most junior judge
shall sit, so as to ensure that the number of judges is an uneven
number.

(6) The judgement of the Constitutional Court shall, when it is not a
unanimous decision, be the decision of the majority.

(7) The Attorney-General shall be noticed and have the right to be
heard in all proceedings in the Constitutional Court

(8) Any party to any proceedings in the Constitutional 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.

(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.

(10) Members of the Constitutional Court shall be appointed for a term
of five years and shall be eligible for reappointment.

182. The Constitutional Court shall subject to the provisions of the
Constitution exercise:
a) Jurisdiction in respect of the interpretation of the
Constitution, including the authority to determine whether a
matter/issue falls within the ambit of constitutional
interpretation;
b) Jurisdiction in respect of Judicial Review of Bills;
c) Jurisdiction in respect of Judicial Review of Laws &
Statutes;
d) Jurisdiction in respect of issues arising between the Central
Government and Provinces, or between Provinces;
e) Jurisdiction in respect of reviewing its own judgments.
f) Jurisdiction in respect of such other matters in respect of
which the Constitutional Court is granted jurisdiction, by the
Constitution or by law.’

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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(b) any question pertaining to the respective competencies, powers,
duties, responsibilities, liabilities of the Centre and Provinces vis-
à-vis each other, or one or more Province and another Province or
Provinces vis-à-vis each other,

and accordingly, whenever any such question arises in the course
of any proceeding in any other court or tribunal or other institution
empowered by law to administer justice or to exercise judicial or
quasi-judicial functions, such question shall forthwith be referred
to the Constitutional Court for determination. The Constitutional
Court may direct that further proceedings be stayed pending the
determination of such question.

(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.

186. (1) The jurisdiction of the Constitutional Court to ordinarily
determine any such question in terms of Article AAA or AAA as
aforesaid may be invoked by the President or Prime Minister by a
written reference addressed to the President of the Constitutional
Court, or by any citizen by a petition in writing addressed to the
Constitutional Court.
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(2) There shall be no limitation on the time period within which such a
reference shall be made, or such petition shall be filed.

(3) A petition may be filed by a citizen:

(a) where such question arises in the course of the application or
interpretation of the Act or Statute, whether in the course of
any legal proceedings, or otherwise; or

(b) where he alleges that such Act or Statute or any provision
thereof is inconsistent with the Constitution, regardless of any
direct violation of his rights.

(4) In this Article “citizen” includes:

(a) a body, whether incorporated or unincorporated, if not less than
three-fourths of the members of such body are citizens; and

(b) a Provincial Council

187. (1) The determination of the Constitutional Court shall be
accompanied by the reasons therefor.

(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.

189. Any party to a case in court of law or any person aggrieved by a
decision by any Court shall be permitted to apply with leave of the
Constitutional Court first had and obtained to the Constitutional Court
where it appears that such court made a wrong judgment or order, on a
question over which the Constitutional Court had jurisdiction.

190. The Registry of the Constitutional Court shall be in charge of an
officer designated the Registrar of the Constitutional Court who shall
be subject to the supervision, direction and control of the President of
the Constitutional 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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to time, make rules regulating generally the practice and procedure of
the Court including but not limited to
(a) rules as to the procedure for hearing applications and other
matters pertaining to applications including the terms under
which appeals to the Constitutional Court are to be
entertained and provision for the dismissal of such
Applications for non-compliance with such rules
(b) rules as to the proceedings in the Constitutional Court in
the exercise of the several jurisdictions conferred on such
Court by the Constitution or by any law, including the time
within which such matters may be instituted or brought
before such Court and the dismissal of such matters for
non- compliance with such rules
(c) rules as to the stay of proceedings
(d) 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
(e) rules pertaining to the attire of the judges of the Court
(f) rules pertaining to 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

(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.

CHAPTER XX – THE SUPREME 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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(c) jurisdiction in respect of any breach of the privileges of
Parliament; and
(d) jurisdiction in respect of such other matters prescribed by the
Constitution, or which Parliament may by law vest or ordain.

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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satisfied that the question of law to be decided is of public or general
importance.

(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 –

(a) any legal proceeding relating to the validity of a referendum.

(b) any appeal from an order or judgment of the Court of Appeal
in an election petition case :

Provided that the hearing and determination of a proceeding relating to
the validity of a referendum shall be by at least five Judges of the Supreme
Court of whom, unless he otherwise directs, the Chief Justice shall be one.

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.

199. (1) The several jurisdictions of the Supreme Court shall be
ordinarily exercised at Colombo unless the Chief Justice otherwise
directs.

(2) The jurisdiction of the Supreme Court may be exercised in
different matters at the same time by the several Judges of that Court
sitting apart:

Provided that its jurisdiction shall, subject to the provisions of the
Constitution, be ordinarily exercised at all times by not less than three
Judges of the Court sitting together as the Supreme Court.

(3) The Chief Justice may-

(i) of his own motion ; or

(ii) at the request of two or more Judges hearing any matter; or

(iii) on the application of a party to any appeal, proceeding or matter

if the question involved is in the opinion of the Chief Justice one of
general and public importance, direct that such appeal, proceeding
or matter be heard by a Bench comprising five or more Judges of
the Supreme Court.

(4) The judgment of the Supreme Court shall, when it is not a
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unanimous decision, be the decision of the majority.

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.

202. The Registry of the Supreme Court shall be in charge of an officer
designated the Registrar of the Supreme Court who shall be subject to
the supervision, direction and control of the Chief Justice.

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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(c) rules as to the granting of bail ;

(d) rules as to the stay of proceedings ;

(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 ;

(g) the admission, enrolment, suspension and removal of attorneys-at-
law and the rules of conduct and etiquette for such attorneys-at-law ;

(h) the attire of Judges, attorneys-at-law, officers of court and persons
attending the courts in Sri Lanka whether established by the
Constitution, or by Parliament or by existing law ;

(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 ;

(k) the binding effect of the decisions of the Supreme Court ;

(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.

(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 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.

CHAPTER XXI – THE COURT OF APPEAL

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.

(6) All applications to the Court of Appeal shall be addressed to the
President of the Court of Appeal and the other Judges of the Court of
Appeal, and no application shall be dismissed on the ground that it was
not filed before the Division ordinarily hearing the case.

(7) Notwithstanding any provision in the Rules formulated by the
President of the Court of Appeal, the jurisdiction of the Court of
Appeal of any Division may be exercised by any Judge of the Court of
Appeal on a direction by the President of the Court.

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 :

Provided that no judgment, decree or order of any court shall be
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reversed or varied on account of any error, defect or irregularity,
which has not prejudiced the substantial rights of the parties or
occasioned a failure of justice.

(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

208. Subject to the provisions of the Constitution, the Court of Appeal
shall have full power and authority to inspect and examine the records

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of any Court of First Instance or tribunal or other institution, and grant
and issue, according to law, orders in the nature of writs of certiorari,
prohibition, procedendo, mandamus and quo warranto against the
judge of any Court of First Instance or tribunal or other institution or
any other person:

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 -

(a) the body of any person to be dealt with according to law ; or

(b) the body of any person illegally or improperly detained in public
or private custody,

and to discharge or remand any person so brought up or otherwise deal
with such person according to law :

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:

Provided further that if provision be made by law for the exercise by
any court, of jurisdiction in respect of the custody and control of minor
children, then the Court of Appeal, if satisfied that any dispute
regarding the custody of any such minor child may more properly be
dealt with by such court, direct the parties to make application in that
court in respect of the custody of such minor child.

210. The Court of Appeal may grant and issue orders in the nature of

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writs of habeas corpus to bring up before such Court –

(i) that a prisoner detained in any prison be brought before a court-
martial of any Commissioners acting under the authority of any
Commission from the President of the Republic for trial or to be
examined relating to any matters pending before any such court-
martial or Commissioners respectively ; or

(ii) that a prisoner detained in prison be removed from one custody to
another for purposes of trial.

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.

213. The Court of Appeal may, ex mero motu or on any application
made, call for, inspect and examine any record of any Court of First
Instance and in the exercise of its revisionary powers may make any
order thereon as the interests of justice may require.

214. (1) The jurisdiction of the Court of Appeal may be exercised in
different matters at the same time by the several judges of the Court
sitting apart

Provided that -

(i) its jurisdiction in respect of -

(a) judgments and orders of the High Court pronounced at a
trial at Bar, shall be exercised by at least three Judges of
the Court ; and

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(b) other judgments and orders of the High Court, shall be
exercised by at least two Judges of the Court ;

(ii) its jurisdiction in respect of its powers under Article
…..(Parliamentary Election Petitions) shall be exercised by not less
than three judges of the Court of Appeal, nominated by the President
of whom such President may be one ;

(iii) its jurisdiction in respect of other matters, shall be exercised by a
single Judge of the Court, unless the President of the Court of Appeal
by general or special order otherwise directs.

(2) In the event of any difference of opinion between two Judges
constituting the Bench, the decision of the Court shall be suspended until
three Judges shall be present to review such matter.

(3) The judgment of the Court of Appeal, shall when it is not a unanimous
decision, be the decision of the majority.

215. The Registry of the Court of Appeal shall be in charge of an
Officer designated as the Registrar of the Court of Appeal who shall be
subject to the supervision, direction and control of the President of the
Court of Appeal.

CHAPTER XXII – THE JUDICIAL SERVICE COMMISSION

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.

(3) The Commission shall have power to act notwithstanding any
vacancy in its membership.

(4) A Judge of the Supreme Court appointed as a member of the
Commission shall, unless he earlier resigns his office, or is removed
therefrom as hereinafter provided or ceases to be a Judge of the
Supreme Court, hold office for a period of five years from the date of
his appointment, but shall be eligible for reappointment.

(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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(6) The President may on the recommendation of the Constitutional
Council grant to any member of the Commission leave from his duties,
and may appoint a person qualified to be a member of the Commission
to be a temporary member for the period of such leave.

(7) A member of the Commission may be paid such salary or
allowance as may be determined by Parliament. Any salary or
allowance payable to a member shall be charged on the Consolidated
Fund and shall not be diminished during his term of office. The salary
so payable shall be in addition to the salary or other emoluments
attached to, and received from his substantive appointment.

(8) The Judicial Service Commission may make-
(a) rules regarding schemes for recruitment and procedure for the
appointment of judicial officers (including High Court Judges) and
scheduled public officers and,
(b) provision for such matters as are necessary or expedient for the
exercise, performance and discharge of the powers, duties and
functions of such Commission.

217. There shall be a Secretary to the Commission who shall be
appointed by Commission.

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.

219. (1) The appointment, transfer, dismissal and disciplinary control of
judicial officers, and of scheduled public officers, is vested in the
Commission.

(2) It shall be competent to the Judicial Service Commission by Order
published in the Gazette, to delegate its powers under paragraph (1) of
this Article in respect of such class or category of judicial officers or
scheduled public officers as may be specified, to a Committee of not
less than three persons, each of whom shall be a sitting or retired Judge
of the Supreme Court or of the Court of Appeal, and one of whom
shall be nominated by the Chief Justice as Chairman.

(3) Any judicial officer or scheduled public officer may resign his
office by writing under his hand addressed to the Chairman of the
Commission.

(4) The Commission may, by Order published in the Gazette, delegate
to the Secretary to the Commission the power to make transfers in
respect of scheduled public officers, other than transfers involving
increase of salary, or to make acting appointments in such cases and
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subject to such limitations as may be specified in the Order.

(5) The Chairman of the Judicial Service Commission or any Judge of
the Supreme Court authorized by the Chairman of the Commission
shall have full power and authority to inspect any Court of First
Instance or the records, registers or other documents maintained in
such court and to hold such inquiry as may be necessary.

(6) In this Article –

“appointment" includes an acting or temporary appointment;

"judicial officer" does not include a Judge of the Constitutional Court,
Supreme Court or of the Court of Appeal;

"scheduled public officer" means the Registrar of the Constitutional
Court, Registrar of the Supreme Court, the Registrar of the Court of
Appeal, the Fiscal, the Registrar of any High Court, the Registrar of
any Court of First Instance or any public officer employed in the
Registry of the Supreme Court, the Court of Appeal or any Court of
First Instance, or such other categories as may be specified by Order
made by the Minister in charge of the subject of Justice, and approved
by Parliament, and published in the Gazette.

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.

(2) Every person who, without legal authority, interferes or attempts to
interfere with the exercise or performance of the judicial powers or
functions of any judge, presiding officer, public officer or such other
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person as is referred to in paragraph (1) of this Article, shall be guilty
of an offence punishable by the High Court on conviction after trial
without a jury with imprisonment of either description for a term
which may extend to a period of one year or with fine or with both
such imprisonment and fine and may, in addition, be disqualified for a
period not exceeding seven years from the date of such conviction
from being an elector and from voting at a Referendum or at any
election of a Member of Parliament or any local authority or from
holding any public office and from being employed as a public officer.

CHAPTER XXIII – THE HIGH COURT

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.

223. (1) The Judges of the High Court shall -
(a) be appointed by the President by warrant under his hand on the
recommendation of the Judicial Service Commission, which
recommendation shall be made after consultation with the
Attorney-General ;
(b) be removable and be subject to the disciplinary control of the
President who shall act on the recommendation of the Judicial
Service Commission;
(c) be transferable by the Judicial Service Commission

(2) Subject to the provisions of paragraph (1) of this Article,
Parliament may by law provide for matters relating to the
retirement of the Judge of such High Court.

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.

(2) The Judicial Services Commission shall nominate, from among
Judges of the High Court of Sri Lanka, such number of Judges as may
be necessary to each such High Court.

(3) Every such High Court shall –

(a) exercise according to law, the original criminal jurisdiction of the
High Court of Sri Lanka in respect of offences committed within the
Province ;

(b) notwithstanding anything in Article AAA and subject to any law,
exercise, appellate and revisionary jurisdiction in respect of
convictions, sentences and orders entered or imposed by Magistrates
Courts and Primary Courts within the Province ;

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(c) exercise such other jurisdiction and powers as Parliament may, by
law, provide.

(4) Every such High Court shall have jurisdiction to issue, according to
law –

(a) orders in the nature of habeas corpus, in respect of persons illegally
detained within the Province ; and

(b) order in the nature of writs of certiorari, prohibition, procedendo,
mandamus and quo warranto against any person exercising, within the
Province, any power under –
(i) any law ; or
(ii) any statutes made by the Provincial Council established for that
Province,
in respect of any matter set out in the Provincial Council List.

(5) The Judicial Service Commission may delegate to such High
Court, the power to inspect and report on, the administration of any
Court of First Instance within the Province.

(6) subject to the provisions of the Constitution and any law, any
person aggrieved by a final order, judgement or 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.

225. Parliament may by law provide for the establishment of special
divisions of the High Court of Sri Lanka, and their jurisdiction,
procedures, powers and composition.

CHAPTER XX – THE CONSTITUTIONAL COUNCIL

226. (1) There shall be a Constitutional Council (in this Chapter
referred to as the “Council”) which shall consist of the following
members:–
(a) the Prime Minister;
(b) the Speaker of Parliament;
(c) the Leader of the Opposition in Parliament;
(d) the Speaker of the Second Chamber;
(e) one person appointed by the President;
(f) five persons appointed by the President, on the nomination of both
the Prime Minister and the Leader of the Opposition in Parliament;
and
(g) one person nominated by agreement of the majority of the
Members of Parliament belonging to political parties or
independent groups, other than the respective political parties or
independent groups to which the Prime Minister and the Leader of
the Opposition belong, and appointed by the President.

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(2) The Speaker of Parliament shall be the Chairman of the Council.

(3) It shall be the duty of the Speaker of Parliament to ensure that
nominations for appointments under sub-paragraph (f) or sub-
paragraph (g) of paragraph (1) are made, whenever an occasion for
such nominations arises.

(4) In nominating the five persons referred to in sub paragraph (f) of
paragraph (1), the Prime Minister and the Leader of the Opposition
shall consult the leaders of political parties and independent groups
represented in Parliament so as to ensure that the Constitutional
Council reflects the pluralistic character of Sri Lankan society,
including professional and social diversity.

(5) The persons to be appointed or nominated under sub-paragraphs
(e), (f) and (g) of paragraph (1) shall be persons of eminence and
integrity who have distinguished themselves in public or professional
life and who are not Members of Parliament, Members of the Second
Chamber, Members of a Provincial Council, or members of any
political party.

(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.

(7) On the dissolution of Parliament or the Second Chamber, as the
case may be, notwithstanding anything to the contrary in the
Constitution:
(a) the Speaker shall continue to hold office as a member of the
Council, until a Member of Parliament is elected to be the
Speaker in terms of the Constitution;
(b) the Prime Minister and the Leader of the Opposition in
Parliament shall continue to hold office as members of the
Council, until such time after a General Election following such
dissolution, a Member of Parliament is appointed as Prime
Minister or recognized as the Leader of the Opposition in
Parliament, as the case may be;
(c) the Speaker of the Second Chamber shall continue to hold office
as a member of the Council, until a Member of the Second
Chamber is elected to be the Speaker of the Second Chamber in
terms of the Constitution.

(8) Every member of the Council appointed under sub-paragraphs (e),

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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.

(9) In the event of there being a vacancy among the members
appointed under subparagraphs (e), (f) or (g)) of paragraph (1), the
President shall, within two weeks of the occurrence of such vacancy
and having regard to the provisions of the aforementioned sub-
paragraphs, appoint another person to succeed such member. Any
person so appointed, shall hold office during the unexpired part of the
period of office of the member whom he or she succeeds.

(10) A member appointed under subparagraphs (e), (f) or (g) of
paragraph (1), shall be eligible for re-appointment.

(11) The appointments made by the President under sub-paragraphs
(e), (f) and (g) of paragraph (1), shall be communicated to the Speaker.

(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.

227. (1) There shall be a Secretary-General to the Council who shall be
appointed by the Council for a term of five years. Upon the expiration
of his or her term of office, the Secretary General shall be eligible for
reappointment.

(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.

(4) The Council shall endeavour to make every recommendation,
approval or decision it is required to make by unanimous decision of
the members present and voting and in the absence of an unanimous
decision, no recommendation, approval or decision made by the
Council shall be valid, unless supported by not less than five members
of the Council present at such meeting.

(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.

(6) The procedure in regard to meetings of the Council and the
transaction of business at such meetings shall be determined by the
Council, including procedures to be followed in regard to the
recommendation or approval of persons suitable for any appointment
under Articles AAA

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.

230. Notwithstanding the expiration of the term of office of the members
of the Council or of the members of any Commission specified in the
Schedule to Article AAA, the members of the Council or of such
other Commission shall continue in office until the assumption of
office by the new members of the Council or of such other
Commission.

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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functions as may be imposed or assigned to the Council by the
Constitution, or by any other written law.

(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.

232. A member of the Council shall be paid such allowance as may be
determined by Parliament. The salary payable to such member of the
Council shall be charged on the Consolidated Fund of Sri Lanka and
shall not be diminished during the term of office of the member.

233. The expenses incurred by the Council shall be charged on the
Consolidated Fund.

234. (1) No person shall be appointed by the President as the Chairperson
or a member of any of the Commissions specified in the Schedule to
this Article, except on a recommendation of the Council.

(2) The provisions of paragraph (1) of this Article shall apply in
respect of any person appointed to act as the Chairperson or as a
member of any such Commission.

(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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(5) No person appointed under paragraph (1) or a person appointed to
act as the Chairperson or a member of any such Commission, shall be
removed except as provided for in the Constitution or in any written
law.
Provided that where there is no such provision, such person shall be
removed by the President only with the prior approval of the Council.
Provided further that where the Council recommends that any such
person be removed, the President shall forthwith remove such person
in accordance with such recommendation. In the event that such
person is not removed by the President within fourteen days, such
person will be deemed to have been removed from office upon the
expiry of the said period of fourteen days.

(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.

(7) Any person appointed, whether as chairperson or member, to any
of the Commissions specified in the Schedule to this Article shall only
be removed as chairperson or member, in the manner specified in
paragraph (8) of this Article.

(8) The President shall remove the chairperson or member of any
commission specified in the Schedule to this Article, if the
Constitutional Council recommends such removal.
Provided that, in the event that the President 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.

(9) Without prejudice to the generality of its powers under paragraph
(8), the Constitutional Council shall recommend the removal of any
member of a commission specified in the Schedule to this Article, if
such person is convicted by a court of law of any offence involving
moral turpitude, or if a resolution for the imposition of civic disability
upon the member has been passed in terms of Article AAA.

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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.

(2) The provisions of paragraph (1) of this Article shall apply in
respect of any person appointed to act for a period exceeding fourteen
days, in any Office specified in the Schedule to this Article:
Provided that no person shall be appointed to act in any such office for
successive periods collectively exceeding fourteen days, unless such
acting appointment has been approved by the Council on a
recommendation by the President.

(3) No person appointed to any Office specified in the Schedule to this
Article or to act in any such Office, shall be removed from such Office
except as provided for in the Constitution or in any law.

(4) In the discharge of its function relating to the appointment of the
President of the Constitutional Court, Judges of the Supreme Court
and the President and Judges of the Court of Appeal, the Council shall
obtain the views of the Chief Justice, the Minister in charge of the
subject of Justice, the Attorney-General and the President of the Bar
Association of Sri Lanka.

(5) In the discharge of its function relating to the appointment of the
Judges of the Constitutional Court, and the Chief Justice of the
Supreme Court, the Council shall obtain the views of the President of
the Constitutional Court, the Minister in charge of the subject of
Justice, the Attorney-General and the President of the Bar Association
of Sri Lanka.

TRANSITIONAL CLAUSE TO DELAY THE OPERATION OF
THIS CLAUSE UNTIL THE CONSTITUTIONAL COURT IS
APPOINTED –

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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.

236. (1) Subject to the provisions of Articles AAA (FUNDAMENTAL
RIGHTS / WRIT / AND CONSTITUTIONAL COURT) no court
shall have the power or jurisdiction to entertain, hear or decide or call
in question, on any ground whatsoever, or in any manner whatsoever,
any decision of the Council or any approval or recommendation made
by the Council, which decision, approval or recommendation shall be
final and conclusive for all purposes.
Provided that, with regard to decisions, acts or omissions of the
Constitutional Council, the jurisdiction conferred on the Court of
Appeal by Articles AAA and AAA shall be exercised by the Supreme
Court and not by the Court of Appeal.

CHAPTER XXVI – PROVINCIAL COUNCILS

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.

(3) Parliament may by law, [subject to the approval of such law at a
referendum of the people of each of the Provinces concerned]
provide for two or three adjoining Provinces to form one
administrative unit with one elected Provincial Council, one
Governor, one Chief Minister and one Board of Ministers and for the
manner of determining whether such Provinces should continue to be
administered as one administrative unit or whether each such
Province should constitute a separate administrative unit with its
own Provincial Council, and a separate Governor, Chief Minister
and Board of Ministers.

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OPTION FOR (3)
(3) Parliament may by law [subject to the approval of such law at a
referendum of the people of each of the Provinces concerned]
declare that two or three adjoining and specified Provinces shall
form one administrative unit with one Provincial Council, and
one Governor, Chief Minister and Board of Ministers.

238. A Provincial Council shall consist of such number of members as
may be determined by or under law, as provided for by Parliament
by law.

239. The Members of a Provincial Council shall be elected in such
manner as may be provided for by Parliament by law.

240. A Provincial Council shall, unless sooner dissolved, continue for a
period of five years from the date appointed for its first meeting, and
the expiry of the said period of five years shall operate as the
dissolution of the Council.

241. (1) There shall be a Governor for every Province for which a
Provincial Council has been established under Article …..

(2) The Governor shall be appointed by the President by warrant
under his hand.

(3) The office of Governor shall become vacant upon-
i. the expiry of the term of office of the Governor;

ii. the death of the Governor;

iii. the resignation of office by the Governor in writing to the
President;

iv. the removal of the Governor by the President pursuant to an
address to the President by the Provincial Council concerned
advising the removal of the Governor on grounds to be
stipulated therein;

Provided that an address to the President as provided for in
this paragraph shall not be entertained unless the resolution for
the presentation of such address is passed by not less than
two-thirds of the whole number of the members of the Council
(including those not present), in which event the President
shall remove the Governor.

(v) the removal of the Governor by the President, for any other
reason

(4) Subject to the preceding provisions of this Article, the Governor
shall hold office for a period of five years from the date he assumes
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office.

(5) Every person appointed as Governor shall assume office upon
making and subscribing the affirmation or taking and subscribing the
oath, set out in the …………Schedule, before the President.

(6) Upon the assumption of office, a Governor shall cease to hold
any other office created or recognised by the Constitution and if the
Governor is a Member of Parliament or a Member of a Provincial
Council, shall vacate the seat in Parliament or in the Provincial
Council, as the case may be, and shall not hold any other office or
place of profit;

(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.

(11) It shall be the duty of the Chief Minister of every Province to
communicate to the Governor of the Province all decisions of the
Board of Ministers relating to the administration of the affairs of the
Province and the proposals for legislation.

(12) Parliament shall, by law or resolution, make provision for the
salary and allowances payable to holders of the office of Governor.

242. (1) Except where specifically provided otherwise in the Constitution,
the executive power of the Province shall be exercised by the Chief
Minister and the Board of Ministers.

(2) The exercise of executive power relating to specific subjects and
functions shall be through Ministers acting directly or through
subordinate officers, in accordance with this Chapter.

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(3) Except where specifically provided otherwise in the Constitution,
the exercise of power by the Governor of the Province shall be on
the advice of the Chief Minister and the Board of Ministers.

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.

(2) (a) The Governor shall, subject to sub-paragraph (b) of this
paragraph, appoint as Chief Minister, the member of the Provincial
Council established for that Province who is best able to command
the support of a majority of the members of that Council, as
established by a vote in the Council.

(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;

(d) The Board of Ministers shall be collectively responsible and
answerable to the Provincial Council.

(e) A person appointed to the office of Chief Minister or member of
the Board of Ministers shall not enter upon the duties of the office of
Chief Minister or Minister of the Board of Ministers until such
person makes and subscribes the affirmation or takes and subscribes
the oath set out in ……

(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.

(b) Where it is not possible to make an appointment in accordance
with the provisions of paragraph (2) of this Article, the Governor
shall, subject to sub paragraph (c) of this paragraph, dissolve the
Provincial Council.

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(c) The Governor shall, prior to such dissolution, endeavour to
ascertain whether any member of the Provincial Council is able to
command the support of a majority of the members of that Council.

(4) If the Provincial Council rejects the statement of policy of the
Regional Administration or the draft Appropriation Statute or passes
a vote of no-confidence in the Regional Administration, the Chief
Minister shall be deemed to have resigned.

(5) There shall be for each Ministry in charge of a Minister of the
Board of Ministers, a Secretary and the Secretary shall, subject to the
direction and control of the Minister, exercise supervision over the
departments and institutions in charge of such Minister of the Board
of Ministers.

(6) The Secretaries to the Ministries of each Provincial Council shall
be appointed by the Governor of the Province, who shall make such
appointments acting on the advise of the Board of Ministers.

244. (1) Except as otherwise provided in the Constitution, the Provincial
Council of a Province shall have exclusive power to make Statutes,
including Statutes having retrospective effect, for such Province or
any part thereof with respect to any of the matters enumerated in the
“Provincial List”.

(2) Every Provincial Council may, subject to the provisions of the
Constitution, make statutes applicable to the Province for which it is
established, with respect to any matter on the Concurrent List, after
such consultation with Parliament as it may consider appropriate in
the circumstances of each case.

(3) A Provincial Council shall have no power to make statutes on
any matter set out in List II of the Ninth Schedule (hereinafter
referred to as “the Reserved List”).

(4) A Statute of a Provincial Council shall not contravene or be
inconsistent with the Constitution or any provision thereof.

(5) Every draft Statute proposed to be presented in a Provincial
Council shall be submitted to the Governor at least fourteen days
prior to presentation, and every such draft Statute shall be published
in the Gazette at least seven days prior to presentation.

(6) A Provincial Council shall not abdicate or in any manner alienate
its legislative power.

(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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subsequently makes a statute on the same matter and which is
described in its long title as being inconsistent with that law, then,
the provisions of the law shall, with effect from the date on which
that statute receives assent and so long only as that statute is in force,
remain suspended and be inoperative within that Province.

(8) Where there is a law with respect to a matter on the Concurrent
List on the date on which this Chapter comes into force and a
Provincial Council established for a Province subsequently makes a
statute on the same matter inconsistent with that law, the provisions
of that law shall, unless Parliament, by resolution, decides to the
contrary, remain suspended and be inoperative within that Province,
with effect from the date on which that statute receives assent and so
long only as that statute is in force.

(9) Where there is a Statute of a Provincial Council established by
the 1978 Constitution in force in any area of a Provincial Council on
the date on which a Provincial Council is established for that
Province by this Constitution, such Statute shall continue to be in
force in relation to the area to which it was applicable unless the
Provincial Council provides otherwise.

(10) Sittings of a Provincial Council and the procedure for the
transaction of business by a Provincial Council shall be regulated by
Standing Orders made by such Council.

245. (1) Where a Statute is enacted by the Provincial Council, it shall be
forthwith referred to the Governor for assent.

(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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manner call in question, the validity of such Statute 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 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.

(3) Where the Constitutional Court determines that any Statute of a
Provincial Council (or any provision thereof) is inconsistent with any
provision of the Constitution, it may declare such Statute or
provision void to the extent of such inconsistency.
Provided that the determination of the Constitutional Court shall,
save for exceptional reasons to be recorded in the determination of
the Court, operate prospectively, and not affect any accrued rights of
parties, other than parties before Court.
Provided further that the Constitutional Court may in its
determination provide a specified period within which the Provincial
Council may remedy the inconsistency, and upon the expiry of such
period the specified provisions of the impugned law shall cease to
have effect.
Provided further that where a specified period is granted as
aforesaid, Court shall also specify whether the determination or any
part thereof shall have immediate application to the parties before
Court.

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 –

(a) if such power or function is conferred on, or assigned to, any
such Minister, be exercised or discharged, in relation to a Province
and unless the context otherwise requires, by the Minister of the
Board of Ministers of that Province to whom the subject has been
assigned; and accordingly, references in every such written law to a
Minister of the Cabinet of Ministers shall be deemed to include
references to the Minister of the Board of Ministers of such Province
to whom the function has been assigned ; and

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(b) if such power or function is conferred on, or assigned to, a public
officer, be exercised or discharged, in relation to a Province and
unless the context otherwise requires, by the officer of the Provincial
Public Service holding an office corresponding to the office held by
such public officer; and accordingly, references in every such written
law to a public officer shall be deemed to include a reference to the
officer of the Provincial Public Service who holds an office
corresponding to the office held by such public officer.

(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.

249. (1) The Board of Ministers of each Province shall appoint an
attorney-at- law who has achieved eminence in the profession and
has maintained high standards of conduct and professional rectitude
to be the Advocate-General of the Province.

(2) It shall be the duty of the Advocate-General to give advice to the
Governor, the Chief Minister and the Board of Ministers upon such
legal matters and perform such other duties in relation thereto, as
may be from time to time referred or assigned to the Advocate-
General by the Governor, and to discharge the functions conferred
on the Advocate-General by or under this Chapter or other law.

250. (1) (a) There shall be established a Chief Ministers’ Conference
which shall consist of the Chief Ministers of all the Provinces and
the Prime Minister.

(2) (a) The Chairperson of the Chief Ministers’ Conference shall be
the Prime Minister who shall preside at the Conference. .

(3) The Conference shall have the power-

(a) to inquire into and to settle by mediation or conciliation any
dispute which may arise between or among two or more
Provincial Administrations;

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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 ;

(c) to discuss matters, policy and procedure relating to finance,
the financial administration and accountability of the
Provincial Administrations and to make representations
thereon to the Finance Commission and the Central
Government; and

(d) to regulate its own procedures.

(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.

CHAPTER XXVII – LOCAL AUTHORITIES

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.

(2) The respective Provincial Council shall be responsible for the
recognition and classification of Local Authority institutions in
accordance with such law.

(3) Parliament may by law delegate specified powers vested in the
Central Government to Local Authority institutions generally, or to
specified categories of Local Authority institutions.

(4) Any Provincial Council may by statute delegate specified powers
vested in such Provincial Government to Local Authority institutions
generally, or to specified categories of Local Authority institutions

CHAPTER XXVIII – LAW & ORDER

253. Law and order including public order and the exercise of police
powers shall be exercised as provided for in the Constitution.

254. The Sri Lanka Police shall comprise of -
(i) Sri Lanka National Police;
(ii) Sri Lanka Provincial Police.

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255. (1) The nature, type and quantity of firearms, ammunition,
explosives, armaments and other equipment for all Provincial Police
Services shall be determined by the National Police Commission
after consulting the Inspector General of Police and the Provincial
Police Commissions as to the requirements of the respective
Provincial Police Services, and uniform standards and principles
shall be applied for all Provincial Police Services.

(2) It shall be the responsibility of the Central Government to
procure and issue such firearms, ammunition, explosives, armaments
and other equipment.

256. (1) The Sri Lanka Police shall be headed by the Inspector General of
Police.

(2) On matters of policing policy the Inspector General of Police
shall be answerable to the Minister in charge of the subject of Law
and Order.

(3) The Minister shall not be entitled to issue case specific
instructions relating to the conduct of criminal investigations or
prosecutions.

(4) The Inspector General of Police shall establish and maintain a
unit under his direct supervision to facilitate the interaction and
cooperation between the National Police and Provincial Police.

257. The National Police Commission, in consultation with the Inspector
General of Police, on a request by a Provincial Police Commission,
shall release such numbers of police officers of the National Police
to the respective Provincial Police as the National Police
Commission may deem necessary.

258. The National Police Commission shall formulate guidelines in
consultation with the Inspector General of Police in respect of
cooperation between the National Police and Provincial Police, and
between respective Provincial Police divisions, including on the
investigation of offences, carrying out of operations and other
relevant matters, whether joint or otherwise.

259. The National Police may investigate the commission of the
following offences:
(i) Any offence against the Republic, including offences
punishable in terms of sections 114, 116 to 126, and 128 to 137
of the Penal Code;
(ii) Offences prejudicial to national security, territorial integrity
and sovereignty;

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(iii) Terrorism and related offences;
(iv) Any offence committed against the President, Prime Minister,
the Speaker of Parliament, a Minister of the Cabinet of
Ministers, a Deputy Minister or a Member of Parliament;
(v) Such offences as may be specified from time to time by the
National Police Commission committed against a Judge of the
Constitutional Court, Supreme Court, Court of Appeal or any
other judicial officer; the Attorney General or an officer of the
Attorney General’s Department; a member of the
Constitutional Council; a member of any national Commission
provided for by the Constitution; or the Secretary General of
Parliament;
(vi) Any offence relating to the Sri Lanka Police, Sri Lanka Army,
Sri Lanka Navy or the Sri Lanka Air Force or a member
thereof;
(vii) Any offence relating to Elections;
(viii) Any offence against a diplomatic or consular representative of
a foreign state, or a visiting foreign Head of State or Head of
Government;
(ix) Any offence against an officer of an inter-governmental
organization;
(x) Offences relating to coins, currency and government stamps;
(xi) Any offence relating to property belonging to the Republic or a
public corporation, or company established the whole of part of
the capital whereof has been provided by the Republic, above a
particular value as determined by the National Police
Commission from time to time;
(xii) Any offence committed wholly or partly within the Capital
Territory and the Colombo Metropolitan Area;
(xiii) Any offence where the respective Provincial Police
Commissioner with the concurrence of the Provincial Police
Commission requests the investigation to be assigned to the
National Police. Such request shall be made to the Inspector
General of Police in writing;
(xiv) Any offence under any law relating to any matter in the
Reserved List, enacted after the Constitution comes into
operation, where Parliament provides that such offence shall be
investigated by the National Police;
(xv) Any offence where the Inspector General of Police in
consultation with the respective Provincial Police
Commissioner decides to assign the investigation to the
National Police having reasonably formed the view that it
would be necessary to cause the conduct of the relevant
investigation by the National Police in view of:
(a) the high degree of expertise necessary for the
conduct of the investigation, which is not available with
the respective Provincial Police, or
(b) the respective Provincial Police is unable or
unwilling or does not carry out the respective
investigation.

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Provided that where the Inspector General of Police assigns an
investigation to the National Police in terms of this paragraph,
he shall notify the National Police Commission within one
week of such decision.
Provided further that the National Police Commission shall
review such decision within two weeks of being notified by the
Inspector General of Police.
Provided further that in the event a decision of the Inspector
General of Police is rejected by the National Police
Commission, the Inspector General of Police shall be required
to hand over such investigation back to the relevant Provincial
Police.

260. Subject to judicial control of investigations as provided by law, the
National Police shall be responsible for the prevention, detection and
investigation of offences.

CHAPTER XXIX – NATIONAL POLICE COMMISSION
261. (1) There shall be a National Police Commission, established in
terms of the Constitution.

(2) The National Police Commission shall comprise of the Chairman
and four other Members.

(3) The Chairman and the Members of the National Police
Commission shall be appointed by the President on the
recommendation of the Constitutional Council. The provisions of
Articles AAA (CONSTITUTIONAL COUNCIL APPOINTMENTS)
shall mutatis mutandis apply to such appointments and appointment
process.

(4) The Chairman and the members of the National Police
Commission shall be persons experienced in the fields of public
administration, criminal justice, law, criminology or any other
relevant field, of whom at least one member shall be a retired police
officer who has held office as a Deputy Inspector-General of Police
or above.

(5) No person shall be appointed as a Member of the Commission or
continue to hold office as Member if he is or becomes a Member of
Parliament, a Provincial Council or a Local Authority.

(6) Every person who immediately before his appointment as a
member of the Commission, was a public officer in the service of the
State or a judicial officer, shall upon such appointment taking effect,
cease to hold such office.

(7) The Chairman and the Members of the National Police

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Commission shall hold office for a period of 5 years, and shall be
eligible for reappointment.

262. (1) The National Police Commission shall be responsible for:
(a) recruitment, promotion, transfer, disciplinary control and
dismissal of officers in the National Police Service;
(b) recruitment and promotion, disciplinary control and
dismissal of officers in the rank of Assistant Superintendent
of Police and above, whether or not they are serving in a
Provincial Police Service;
(c) the transfer of officers in the rank of Assistant
Superintendent of Police and above, serving in a Provincial
Police Service, from one Province to another, in
consultation with the relevant Provincial Police
Commissions.

(2) The Commission shall exercise its powers of promotion,
transfer, disciplinary control and dismissal in respect of the
National Police in consultation with the Inspector General of
Police.
(3) In recruitment of Police personnel to the National Police, the
National Police Commission shall consider the need to ensure due
representation of the pluralistic nature of Sri Lanka, including
ethnicity and gender.

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.

266. The National Police Commission shall, in consultation with the
Provincial Police Commissions, formulate guidelines, rules and
regulations regarding the appointment, training, promotion,
disciplinary control and dismissal.

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CHAPTER AAA - PROVINCIAL POLICE COMMISSIONS
267. There shall be a Provincial Police Commission for every Province,
comprising three members.

268. The Chairman and the members of the Provincial Police
Commission shall be persons experienced in the fields of public
administration, criminal justice, law, criminology or any other
relevant field.

269. (1) The Constitutional Council shall make recommendations with
regard to the appointment of the Members and Chairmen of the
Provincial Police Commissions.

(2) The Governor shall make such appointments upon the
recommendation of the Constitutional Council.

(3) In the event of the Governor failing to make such appointments
within fourteen (14) days of such recommendation, the persons so
recommended shall be deemed to be appointed upon the expiry of
such period of fourteen days.

270. In making recommendations, the Constitutional Council shall:
(a) consider nominations received from the public, as well from the
respective Chief Minister and Leader of the Opposition of the
respective Provincial Council; and
(b) consult, and ascertain the views of, the respective Chief Minister
and the Leader of the Opposition of the Provincial Council on
shortlisted nominees.

271. No person shall be appointed as a Member of the Commission or
continue to hold office as Member if he is or becomes a Member of
Parliament, a Provincial Council or a Local Authority.

272. Every person who immediately before his appointment as a member
of the Commission, was a public officer in the service of the State or
a judicial officer, shall upon such appointment taking effect, cease to
hold such office.

273. The Chairman and the Members of the Provincial Police
Commissions shall hold office for a period of 5 years and shall be
eligible for reappointment.

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.

(2) In respect of officers of the rank of Assistant Superintendent or
above within the Provincial Police Service, the Provincial Police

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Commission may exercise powers of transfer within the Province,
and of disciplinary control (not extending to dismissal). In exercising
these powers, it shall consult the Provincial Police Commissioner,
who shall be the Provincial Deputy Inspector General of Police.

(3) In recruitment of Police personnel by each Provincial Police
division, the Provincial Police Commission shall consider the need to
ensure due representation of the pluralistic nature of the Province,
including ethnicity and gender.

275. The Provincial Police Commission may formulate guidelines, rules
and regulations, provided that they are not inconsistent with
guidelines, rules and regulations formulated by the National Police
Commission.

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.

CHAPTER AAAI – PROVINCIAL POLICE SERVICE
277. (1) The Provincial Police shall be headed by a Provincial Police
Commissioner who shall be of the rank of Senior Deputy Inspector
General, appointed by the National Police Commission on a
recommendation made by the respective Chief Minister from among
those who the National Police Commission represents to the Chief
Minister as being available to hold the position of Provincial Police
Commissioner.

(2) Where the Chief Minister and the National Police Commission
agree on the nominee, the Commission shall make the appointment.

(3) If the Commission and Chief Minister do not agree on the
nominee, the National Police Commission will refer its
recommendation to the Constitutional Council for its approval. In
granting or refusing its approval, the Constitutional Council shall
consult the Inspector General of Police, Chief Minister and National
Police Commission. If approval is granted, the National Police
Commission shall make such appointment.

278. The number of years of service of a Provincial Police Commissioner
in a given Province shall be three (3) years and any person so
appointed shall be eligible for reappointment.

279. On matters of policing policy, the Provincial Police Commissioner
shall be answerable to the Provincial Minister in charge of the
subject of Law and Order.

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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.

281. Subject to judicial control of investigations as provided by law, the
Provincial Police shall be responsible for the prevention, detection
and investigation of offences committed within the Province coming
under its purview.

282. The Provincial Police shall also be responsible for institution of
prosecutions in the relevant Courts, of offences which they are
mandated to prevent, detect and investigate.
Provided that the Provincial Police shall not institute prosecutions in
respect of offences which require indictments to be presented by the
Attorney General or prosecuted by any other authority prescribed by
law.

283. Subject to the powers of the Provincial Police Commission, the
Provincial Police Commissioner shall be responsible for the overall
management and administration of the Provincial Police.
Provided however that in establishing Police Stations within the
Province, or in appointing the Officers-in-Charge of such Police
Stations, the Provincial Police Commissioner shall obtain the
approval of the National Police Commission, through the Provincial
Police Commission.

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.

285. No criminal investigation shall be deemed to be invalid by reason
only of the fact that the investigation or part thereof was conducted
by either the National Police or Provincial Police in contravention of
the distribution of competencies set out in the Constitution or any
other law.

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CO-OPERATION BETWEEN NATIONAL AND PROVINCIAL
POLICE SERVICES
286. (1) Where the Chief Minister of a Province is of the view that a
situation has arisen relating to public order which cannot be dealt
with by the Provincial Police, he may seek the assistance of the
National Police to preserve public order within the Province.

(2) The Inspector General of Police shall deploy such personnel as
are necessary for such purpose.

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.

(2) Where an offence is required to be investigated exclusively by a
police service of which the police officer to whom a complaint is
made is not a member, the measures taken in pursuance of such
complaint shall be communicated without delay to the relevant
Police Station or specialized agency having authority to investigate
such offence.

(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.

288. The National Police Commission and the Provincial Police
Commissions shall establish procedures to establish and entertain
public complaints and complaints of any aggrieved person made
against any police officer belonging to either of the respective
services or against the respective police service. In the event of a
Commission providing redress, the Inspector General of Police or
Provincial Police Commissioner shall forthwith be informed.

289. Every police station should be required to have officers capable of
communicating and recording statements in Sinhala, Tamil and
English.

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CHAPTER AAAII – PUBLIC SECURITY

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.

(2) A Governor of a Province, on the advice of the Chief Minister,
may advise the Prime Minister that a situation warranting a
declaration of a state of emergency has arisen within such Province.

(3) Upon the declaration of a state of emergency, the President may
on the advice of the Prime Minister promulgate such Emergency
Regulations on any matters as are necessary to address the situation
giving rise to the state of emergency. Such Regulations shall be valid
and effectual in law notwithstanding anything to the contrary in any
written law except the provisions of the Constitution.

(4) Where the Emergency Regulations vest special powers and / or
functions in the Police, Provincial Police officers shall, for the
purpose of the exercise of such powers and / or functions, be under
the control of the National Police.

(5) The Declaration of Emergency shall be subject to Parliamentary
approval and be subject to judicial review.

(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

(b) Where it is necessary for the effectual exercise of the powers
under sub-paragraph (a) of this paragraph, dissolve the Provincial
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Council.

(c) The proclamation shall include reasons for the making of such
proclamation.

(d) Such a Proclamation shall be subject to Parliamentary approval
and be subject to judicial review.

292. A Declaration of a State of Emergency, Proclamation, or
promulgation of Regulations under Article AAA including any
amendment or extension thereof:
(i) Shall not be made applicable for more than one month at a
time;
(ii) If in force for a period in excess of three months continuously
or a period of more than 90 days within a 180 day period, may
only be effected if it is approved by two-thirds of the members
of Parliament;

293. Any Declaration of a State of Emergency, Proclamation, or
promulgation of Regulations under Article AAA or extension thereof
shall be forthwith published in the Gazette.

294. (1) The President shall summon Parliament, forthwith upon a state of
emergency being declared, or a proclamation being issued in terms
of Article ____.

(2) If Parliament is not summoned to meet within three days of a
state of emergency being declared, or a proclamation being issued in
terms of Article ______, Parliament shall be deemed to have been
summoned to meet on the fourth day after such declaration or
proclamation.

(3) Parliament shall either approve or disapprove of the State of
Emergency, Proclamation, or any Regulations promulgated in terms
of Articles AAA.
Provided that in the event of disapproval, either in whole or in part,
of any such State of Emergency, Proclamation, or Regulation
promulgated, such State of Emergency, Proclamation, Regulation, or
such part thereof as is disapproved, shall cease to be in force, without
prejudice to anything already done thereunder.

(4) The State of Emergency, Proclamation or any Regulations
promulgated in terms of Articles AAA shall be reviewed by
Parliament monthly, and the provisions of paragraph 3 of this Article
shall apply to such review.

(5) There shall be established a standing committee of Parliament,
which shall consider such Declaration, Regulation or Proclamation
immediately upon promulgation, and periodically review and report
to Parliament with regard to same.

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CHAPTER ____ _ STATE LAND

295. All State land shall vest in the Republic.
“State land” means all land in Sri Lanka vested in the Democratic
Socialist Republic of Sri Lanka immediately prior to the
commencement of the Constitution.

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.

298. The regulation of the development and exploitation of mines and
minerals including oil fields, petroleum and petroleum products and
the collection of royalties thereon shall be a subject and function of
the Central Government.

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.

302. The Central Government shall be entitled, subject to national land
use policy, to use State land controlled or occupied, in accordance
with due process of law, in relation to subjects and functions
enumerated in the National List or Concurrent List, by the Central
Government, its institutions or any public corporation at the
commencement of the Constitution.

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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(a) the rights enjoyed, immediately prior to the commencement of
the Constitution, by any person in lawful possession or occupation,
immediately prior to the commencement of the Constitution, of any
such land; and
(b) the provisions of this Chapter,
be at the disposal of the Provincial Administration of that Province
for the purposes set out in the Provincial List, and the Provincial
Administration shall be entitled to exercise rights in or over such
land, including land tenure, transfer and alienation of land, land use,
land settlement and land improvement, in accordance with applicable
written law, and subject to national land use policy.

305. The Central Government shall be entitled to:
i. Requisition of private property for the purposes of any matter
in the National List or Concurrent List.
ii. Acquisition of private property for the purposes of any matter
in the National List or Concurrent List, subject to the payment
of just compensation.

306. A Provincial Government shall be entitled to:
i. Requisition of private property for the purposes of any matter
in the Provincial List or Concurrent List.
ii. Acquisition of private property for the purposes of any matter
in the Provincial List or Concurrent List, subject to the
payment of just compensation.

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.

(2) Where a Provincial Council does not comply with such
requirement, 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.

(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) The President may thereafter, on the advise of the Prime
Minister, authorize in writing a specified institution of the Central
Government to take over such specified extent of land, and the said
land may be dealt with accordingly.

(3) A Provincial Council, authority or person aggrieved by the
aforesaid decision of the President or the takeover of such land, may
appeal to the Constitutional Court against such decision or take over,
seeking interim or final relief. Subject to the provisions hereof 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 or takeover.

309. (1) A Provincial Administration may negotiate with the Central
Government for the release of any State land referred to above to be
used for the purposes of any subject or function in the Provincial
List.

(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.

(3) A decision of such tribunal shall be binding on the Central
Government 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.

310. (1) The distribution of allotments of land in land development
schemes commenced prior to the promulgation of the Constitution
and which have not been completed shall be according to the criteria
that applied to such schemes prior to the commencement of the
Constitution.

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(2) Priority in land settlement schemes after the commencement of
the Constitution shall be accorded to landless persons. Among such
persons, priority shall be accorded:
(a) firstly, to persons of any sub-division, recognized by law, of the
relevant District,
(b) secondly, to persons of the relevant District,
(c) thirdly, and to persons of the relevant Province, and
(d) fourthly, to other persons.

NATIONAL LAND COMMISSION

311. (1) There shall be a National Land Commission consisting of _____
persons including the Chairman.

(2) The composition of the National Land Commission should
ensure the equal representation of the Central Government on the
one hand and the Provinces on the other, while also ensuring due
representation of all the major communities.

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.

(b) the formulation of national land use guidelines to give effect to
the aforesaid policy
Provided that all such guidelines shall be operative only once
approved with a simple majority by Parliament and the Second
Chamber.

(c) making declarations in terms of approved national land use
guidelines:
− with regard to areas to be designated as Reserved Forests,
Conservation Forests, National Parks, Strict Natural Reserves,
Nature Reserves, Sanctuaries and National Heritage
Wilderness Areas, which declarations may include reviewing
areas already recognized as such; and
− to the Central Government and the Provincial Administrations,
with regard to the appropriate amount of forest cover in each
Province, conservation of fauna and flora and the protection of
the environment;
Provided that all such declarations shall be operative only once
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approved with a simple majority by Parliament and the Second
Chamber.
(d) monitoring and reviewing, land use and compliance with
guidelines formulated or declarations made as aforesaid.

(2) In formulating policy and guidelines and making declarations, the
National Land Commission shall consider the representations of, or
applications made by, the Central Government, Provincial Councils,
or any authority or officer thereof, or any person.

(3) The National Land Commission should adopt a broad
consultative process with the legislative bodies of the Province and
the people in formulating any National Land Use Policy.

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.

(2) The Constitutional Court may, where it is of the view that it is
necessary to do so, make permanent or interim orders directing the
Central Government or the Provincial Administration (or specified
officers / authorities thereof) to comply with such guidelines or
directions or such parts thereof, as the Constitutional Court may
direct.

(3) Where the Provincial Administration acts in contravention of a
permanent or interim order made by the Constitutional Court, the
Constitutional Court may made order that the Central Government
shall assume control over such extent of specified land as necessary
to ensure compliance, for a period to be specified, or such other
appropriate order.

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INTER-PROVINCIAL IRRIGATION PROJECTS

315. (1) Inter-Provincial irrigation projects and the relocation of persons
displaced as a result of their implementation, shall be a subject and
function of the Central Government and such relocation shall be
undertaken in consultation with the Chief Ministers of the Provinces
which benefit from such projects.

(2) in this Article ‘Inter-Provincial irrigation projects’ means
irrigation schemes where the command area falls within two or more
Provinces.

THE CAPITAL TERRITORY

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.

Provided that, where specified subjects and functions with regard to
the Capital Territory are specifically recognised in the National List
as falling within the powers and functions of the Central
Government, such powers and functions shall be exercised by the
Central Government.

(5) Notwithstanding anything to the contrary in the Constitution,
Parliament shall be competent to enact legislation, by a simple
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majority of Members of Parliament, in respect of the Capital
Territory, in respect of any matter contained in the Provincial List.

(6) The statutes of the Provincial Council of the Western Province
shall apply to the Capital Territory except as provided by Parliament
in terms of paragraph (5) of this Article.

(7) In the event of an inconsistency between a statute of the
Provincial Council and an Act of Parliament enacted under this
Article, the Act of Parliament shall prevail to the extent of the
inconsistency.

(8) The relevant Local Government institutions shall exercise their
powers with regard to the geographical areas of the Capital Territory
falling within their territorial jurisdiction, except as otherwise
provided by an Act of Parliament.

(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.

CHAPTER XXIV – PUBLIC FINANCE

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.

318. No tax, rate, or any other levy shall be imposed by parliament,
provincial councils, local authorities or by any public authority,
except by or under the authority of an Act or Statute passed in
accordance with the Constitution.

319. Any project or investment or contract exceeding a sum equivalent to
one-ten thousandth (1/10,000) of the Gross Domestic Production (of
the year preceding the year in which the contract is to be entered
into) shall not be entered into unless such is approved by resolution
of Parliament subsequent to examination by a specified Oversight
Committee of Parliament.

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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and provisions relating to default shall have been first approved by
Parliament.

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.

322. All revenues received by a Provincial Council, all fees accruing to
the Provincial Council, all loans raised by such Council and all other
monies received by such Council shall form one fund called the
Provincial Fund of the Province.

323. All revenues received by a Local Authority, including rates received
for services provided under respective laws, all fees charged by the
Local Authority for services provided, all fines paid to the Local
Authority, all loans raised by the Local Authority and all other
monies received by such Local Authority shall form one fund called
the Local Authority Fund of the respective Local Authority.

324. Withdrawal of monies from the Consolidated Fund, a Provincial
Fund or a Local Fund shall be in accordance with Law or Statute and
for the purposes and in the manner provided for under the
Constitution.
(i) Withdrawal of monies from the Consolidated, Provincial
or Local Authority Fund shall in the case of the Central
Government or a Provincial Government, be under the
authority of a warrant issued under the hand of the Minister
in charge of the subject of Finance, or in the case of a Local
Authority, in the manner specified by law.
(ii) No such warrant shall be issued unless the sum has by
resolution of Parliament, Provincial Council, or Local
Authority, or by any law, been granted for specified public
services for the financial year during which the withdrawal
is to take place or is otherwise lawfully charged on the
Consolidated, Provincial or Local Authority Fund.
(iii) Where Parliament is dissolved before the
Appropriation Bill for the financial year has passed into
law, the Prime Minister may, unless Parliament shall have

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already made provision, authorize the issue from the
Consolidated Fund and the expenditures of such sums as he
may consider necessary for the public services until the
expiry of a period of three months from the date on which
new Parliament is summoned to meet.
(iv) Where President dissolves Parliament and fixes a date
or dates for General Election the Prime Minister may,
unless Parliament has already made provision in that
behalf, authorize the issue from the Consolidated Fund and
the expenditure of such monies as he may, after
consultation with the Commissioner of Elections, consider
necessary for such elections.

325. Where Parliament is dissolved, the Prime Minister may, unless
Parliament has already made provision in that behalf, authorize the
issue from the Consolidated Fund and the expenditure of such
monies as he may, after consultation with the Elections Commission,
consider necessary for such elections.

326. No Bill or motion shall be introduced in Parliament or a Provincial
Council authorizing:
(a) the disposal of, or the imposition of charges upon, the
Consolidated Fund, or other funds of the Republic, or the
Provincial Fund, as the case may be, or
(b) the imposition of any tax or the repeal, augmentation or
reduction of any tax for the time being in force,
except by a Minister, and unless such Bill or motion has been
approved either by the Cabinet of Ministers or the Board of
Ministers, as the case may be, or in such manner as the Cabinet
or Board of Ministers may authorize.

327. All monies so withdrawn shall be retained and disbursed by the
relevant ministry or department or other institutions or enterprises as
the case may be, for the purposes and in the manner as set out in the
warrant of authority, under the accountability and subject to the
direction, control and oversight supervision of the designated Chief
Accounting Officer.
The Chief Accounting Officer for this purpose will be the Secretary
to the Ministry, as herein before mentioned, who will be accountable
with regard to the disbursement of such funds.

328. (i) Notwithstanding any of the provisions in this Chapter, Parliament
may by law create a Contingencies Fund for the purpose of
providing for urgent and unforeseen expenditure.

(ii) The Minister of the Cabinet of Ministers in charge of the subject
of Finance, if satisfied:
a. That there is need for any such expenditures; and
b. That any provision does not exist for such expenditures,
may, upon the approval of the Cabinet of Ministers, and pending

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subsequent approval by Parliament, authorise provision to be made
therefor by an advance from the Contingencies Fund.

(iii) After each such advance, a supplementary estimate shall, within
a period of three months, be presented to Parliament for the
purpose of replacing the amount so advanced.

329. (i) A Provincial Council shall by Statute establish a Contingency
Fund to be entitled the Contingency Fund of the respective Province,
into which shall be paid from time to time such sums as may be
determined by such Statute.
Provided that until such time as a Statute shall be enacted by a
Province, the provisions of law pertaining to the Contingency Fund
of the Republic shall mutatis mutandis apply with regard to the
Contingency Fund of such Province.

(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

(iii) A supplementary estimate shall, within a period of one month of
each such advance, be presented to the Provincial Council for
purposes of replacing the amounts so advanced.

330. A Provincial Council or Local Authority shall be competent to deal
with its public finances, and to impose taxes, levies and duties as
provided for by the Constitution or any written law.

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.

CHAPTER XXV – THE FINANCE COMMISSION

332. (1) There shall be a Finance Commission shall consisting of:
a. The Governor of the Central Bank of Sri Lanka for the time
being;
b. The Secretary to the Treasury for the time being;
c. Five members who have distinguished themselves, or held high
office, in the fields of finance, law, administration, business or
other relevant field, while ensuring that the three major
communities are represented in the Commission, who shall be
appointed by the President on the recommendation of the
Constitutional Council.
Provided that the provisions of Articles _______ (CC

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APPOINTMENTS) shall apply to the appointments made
under this sub-paragraph
d. Three members to represent the Provinces, in accordance with
the procedure laid down in law.
e. One member to represent local government institutions in
accordance with the procedure laid down in law.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint one of the members from among those specified in
sub-paragraphs (c), (d) or (e) of paragraph (1) of this Article, as the
Chairperson of the Commission.
Provided that the provisions of Articles _______ (CC
APPOINTMENTS) shall apply to the appointments made under this
sub-paragraph

333. Every member of the Commission appointed under sub-paragraphs
(c), (d) and (e) of paragraph 1 of Article ____ shall, unless he resigns
or is removed from office by the President on the recommendation of
the Constitutional Council, hold office for a period of five years, and
shall be eligible for reappointment.

334. The Commission shall make recommendations to the Minister in
charge of the subject of Finance, and to the Cabinet of Ministers, on
matters envisaged under the Chapter on Public Finance, including
those in respect of:
(a) the allocation of finances to the National, Provincial and Local
spheres of government;
(b) allocation of funds to individual Provinces and Local Authority
areas.

335. In making its recommendations the Finance Commission shall take
into account all relevant factors including:
(a) the national interest;
(b) any provision that must be made in respect of the national
debt and other national obligations;
(c) the needs and interests of the national government,
determined by objective criteria;
(d) the need to ensure that the provinces and local authorities
are able to provide basic services and perform the functions
allocated to them;
(e) the fiscal capacity and efficiency of the provinces and local
authorities, including revenue raised by the provincial and
local spheres of government and revenue raising potential
of such spheres of government;
(f) developmental and other needs of provinces and local
authority areas;
(g) economic disparities within and among the provinces;
(h) obligations of the provinces and local authorities in terms
of national legislation;
(i) the desirability of stable and predictable allocations of

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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

336. In making its recommendations with regard to the apportionment
of funds to the respective Provinces and Local Authority areas the
Finance Commission shall also take into account:
(a) Population of each province / local authority area.
(b) Land area of each province / local authority area.
(c) Equitable access to services to include all people in the
province / local authority area.
(d) The need progressively to reduce social and economic
disparities between provinces / local authority area.
(e) The status of public services provided in each province in
respect of the subjects and functions assigned to the provincial
sphere / local authority area.
(f) Any disabilities encountered by the province in the delivery of
services in respect of subjects and functions assigned to the
provincial sphere / local authority area.

337. The Commission shall make its recommendation on any other
matter, including a matter relating to provincial and local finance as
may be referred to it by Parliament, or the Cabinet of Ministers, or
the Minister in charge of the subject of finance.

338. The Cabinet of Ministers, or the Minister in charge of the subject of
Finance, as the case may be, shall cause every recommendation
made by the Commission to the Cabinet of Ministers, or the Minister
thereof in charge of the subject of finance, to be laid before
Parliament.

339. Parliament shall take due cognizance of the recommendations of the
Finance Commission in making decisions in the exercise of its
powers and duties relating to public finance.

340. A Forum of Finance Ministers chaired by the Minister in charge of
Finance in the Cabinet of Ministers and comprised of Ministers in
charge of Finance in the provincial Boards of Ministers shall meet
bi-annually to allow for adequate consultation between the national,
provincial and local spheres of government in matters relating to
provincial and local finance. The Members of the Finance
Commission, or their nominees, may be invited to participate at such
deliberations.

The Provincial Council shall disburse the equitable share of each

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respective local authority in accordance with the guidelines and criteria or
directives specified by the Finance Commission, or Parliament, as the case
may be.

CHAPTER __________ – THE AUDITOR GENERAL

341. There shall be an Auditor-General who shall be a qualified
professional, and shall hold office during good behaviour.

342. The salary of the Auditor-General shall be determined by Parliament,
shall be charged on the Consolidated Fund and shall not be
diminished during his term of office.

343. The office of the Auditor-General shall become vacant-
(a) upon his death ;
(b) on his resignation in writing addressed to the President ;
(c) on his attaining the age of sixty years
Alternate option for (c)
“upon the expiry of seven years from his appointment”
(d) upon his removal by the President upon an address of
Parliament.

344. Whenever the Auditor-General is unable to discharge functions of
his office, the President may, subject to the provisions of the
Constitution, appoint a person to act in place of the Auditor-General.

345. The Auditor-General shall audit all departments of the Government,
the Office of the Secretary to the President, the Office of the
Secretary to the Prime Minister, the Offices of the Cabinet of
Ministers, the Judicial Services Commission, the Constitutional
Council, the Commissions referred to in the Schedule to Article 41B,
the Parliamentary Commissioner for Administration, the Secretary-
General of Parliament, Provincial Councils, local authorities, public
corporations, business and other undertakings vested in the
Government under any written law and companies registered or
deemed to be registered under the Companies Act, No. 7 of 2007 in
which in which not less than 50% of shares are held by the
Government.
In this Article ‘government’ includes any public corporation,
company, local authority or any other authority or institution
including a body incorporate of which not less than fifty percentum
of the shares are held by or on behalf of the State’

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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.

(2) The Auditor-General may, where he is of the opinion that it is
necessary to obtain assistance in the examination of any technical,
professional or scientific problem relevant to the audit,
(a) engage the services of a person not being an employee of the
department, body or authority the accounts of which are being
audited, or
(b) engage the services of any technical or professional or
scientific institution not being an institution which has any
interest in the management of the affairs of such department,
body or authority,

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.

(2) Every qualified auditor appointed to audit the accounts of any
public corporation, business or other undertaking or a company
referred to in paragraph (1), or any person authorized by such auditor,
shall be entitled to like access, information and explanations in
relation to such public corporation, or business or other undertaking.
348. The Auditor-General shall within ten months after the close of each
financial year and as and when he deems it necessary report to
Parliament on the performance and, discharge of his duties and
functions under the Constitution.

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.

350. In this chapter, “qualified auditor” means –
(a) an individual who, being a member of the Institute of Chartered
Accountants of Sri Lanka, or of any other Institute established by
law, possesses a certificate to practise as an Accountant issued by the
Council of such Institute ; or
(b) a firm of Accountants each of the resident partners of which,
being a member of the Institute of Chartered Accountants of Sri
Lanka or of any other Institute established by law, possesses a
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certificate to practise as an Accountant issued by the Council of such
Institute.

351. The Auditor-General shall also perform and discharge such duties
and functions as may be prescribed by Parliament by law.

CHAPTER __________ – THE AUDIT SERVICE COMMISSION

352. There shall be an Audit Service Commission (in this Chapter
referred to as “Commission”), which shall consist of the Auditor-
General who shall be the Chairman of the Commission, and four
other members as follows:
(a) a retired officer of the Auditor-General’s Department who has
held office in a rank not lower than Deputy Auditor- General;
(b) a retired judge of the Supreme Court, Court of Appeal or the
High Court of Sri Lanka; and
(c) a retired Class I officer of the Sri Lanka Administrative Service.
(d) a person of eminence and integrity who has distinguished
himself/herself in public or professional life and who shall not
be a member of a political party
353. A person appointed as a member of the Commission shall hold office
for three years, unless he,–
(i) earlier resigns from his office, by letter addressed to the
President;
(ii) is removed from office in the manner provided in the
Constitution
(iii) becomes a Member of Parliament or a member of a Provincial
Council or any local authority.
354. A person appointed as a member of the Commission shall be eligible
for reappointment.

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.

357. There shall be a Secretary to the Commission who shall be appointed
by the Commission.

358. (1) The quorum for any meeting of the Commission shall be three

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members of the Commission.
(2) Parliament shall, subject to paragraph (1) of this Article, provide
by law for meetings of the Commission, the establishment of a
National Audit Office / Sri Lanka State Audit Service and such
other matters connected with and incidental thereto

359. The power of appointment, promotion, transfer, disciplinary control
and dismissal of the employees belonging to the Sri Lanka State
Audit Service, shall be vested in the Commission.

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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thousand rupees or to imprisonment for a term not exceeding three
years or to both such fine and imprisonment.

(2) Every High Court shall have jurisdiction to hear and determine
any matter referred to in this Article.

362. Subject to the jurisdiction conferred on the Constitutional Court, the
Supreme Court, the Court of Appeal, and to the powers granted to
the Administrative Appeals Tribunal, no court or tribunal shall have
the power or jurisdiction to inquire into, pronounce upon or in any
manner whatsoever call in question any order or decision made by
the Commission, in pursuance of any function assigned on such
Commission under this Chapter or under any law.

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.

365. The Commission shall be responsible and answerable to Parliament
in accordance with the provisions of the Standing Orders of
Parliament for the discharge of its functions and shall forward to
Parliament in each calendar year a report of its activities in such
year.

CHAPTER XVIII – THE ELECTIONS 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

(b) The President shall, on the recommendation of the Constitutional
Council, appoint one of the members of the Election Commission to be
the Chairperson of the Commission.
Provided that the Constitutional Council may recommend more than
one name for consideration by the President, to be appointed as the
Chairman of the Commission.

(c) The President shall appoint, within fourteen days of receiving the

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recommendations of the Constitutional Council for such appointments,
the Chairman and the Members of the Elections Commission.

(d) In the event of the President failing to make the necessary
appointments within such period of fourteen days–
(i) the persons recommended to be appointed as members of the
Elections Commission, shall be deemed to have been appointed
as the members of the Elections Commission; and
(ii) the person whose name appears first in the list of names
recommended to be appointed as the Chairman, shall be deemed
to have been appointed as the Chairman of the Elections
Commission,
with effect from the date of expiry of such period.

(2) A person shall not be appointed, hold office, or function as a
member of the Election Commission if he is a Member of Parliament,
a Member of a Provincial Council, or a Member of a Local Authority.

(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.

(4) A member of the Election Commission who without leave of the
President first obtained is absent from three consecutive meetings of
the Commission shall be deemed to have vacated office with effect
from the date of the third of such meetings.

(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.

(7) A member of the Election Commission shall be paid such salary as
may be determined by Parliament. The salary payable to a member of
the Commission shall be charged on the Consolidated Fund of Sri

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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.

(9) (a) The Chairperson of the Election Commission shall preside at
meetings of the Commission and, in the absence of the
Chairperson from any meeting of the Commission, a member
elected from among the members present shall preside at such
meeting.

(b) Decisions of the Election Commission shall be by a majority of
the members present and voting at the meeting at which the
decision is taken. The Chairperson shall not have an original vote
but shall have a casting vote in the event of an equality of votes.

(10) The Election Commission shall have power to act
notwithstanding any vacancy in the membership of the Commission
and any act or proceedings of the Commission shall not be, or shall not
be deemed to be, invalid by reason only of such vacancy or any defect
in the appointment of a member.

(11) No suit, prosecution or other proceedings shall lie against the
Election Commission or any member or officer of the Election
Commission for any act or thing in good faith done, in pursuance, or
supposed pursuance, of any power conferred on such Commission,
officer or member under the Constitution or other law.
Provided that any aggrieved person shall be entitled to invoke the
jurisdiction of the Supreme Court in terms of Article ____ or ____
(WRIT AND FR), in respect of any act or omission of the
Commission, or the jurisdiction of the Constitutional Court, where
appropriate.

367. The Election Commission shall exercise, perform and discharge,
all powers, duties and functions conferred or imposed on, or assigned
to the Election Commission by the Constitution or by law or by written
law, relating to the election of Members of Parliament, Members of
Provincial Councils, Members of Local Authorities, and the conduct of
Referenda election of members of Regional Councils and Referenda,
including but not limited to all powers, duties and functions relating to
the preparation and revision of registers of electors for the purposes of
such elections and referenda and the conduct of such elections and
referenda.
Provided that any reference in any law enacted prior to the coming into
force of this Constitution, to the Commissioner of Elections, shall be
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deemed to be a reference to the Elections Commission.

368. (1) Upon the making of a Proclamation or Order requiring the
holding or conduct of an election or referendum, as the case may be,
the Election Commission shall notify the National Police Commission
of the facilities and the number of the police officers required by the
Elections Commission for the holding or conduct of such election or
referendum, as the case may be.

(2) The National Police Commission shall make available to the
Election Commission, the facilities and police officers specified in any
notification made in terms of this Article.

(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.

(4) During the period commencing on the date of the Proclamation or
Order requiring the holding or conduct of the election or referendum,
as the case may be, and ending on the date on which the result of the
poll taken at such election or referendum, as the case may be, is
declared, every police officer made available to the Commission in
terms of this Article shall, notwithstanding anything in the
Constitution or other law, be responsible to, and act under the direction
and control of, the Election Commission.

(5) No suit or prosecution or other proceeding, civil or criminal, shall
lie against any police officer made available to the Election
Commission in terms of this Article for any act or thing in good faith
done by such police officer during the period referred to in paragraph
(4) of this Article, in pursuance, or supposed pursuance, of a direction
of the Election Commission.

(6) It shall be lawful for the Election Commission to make
recommendations to the President, during the period referred to in
paragraph (4) of this Article, regarding the deployment of the armed
forces of the Republic for the prevention or control of any incidents
which may be prejudicial to the holding or conduct of a free and fair
election or referendum, as the case may be.

369. (1) The Election Commission shall appoint the Commissioner
General of Elections and other officers of the Commission on such
terms and conditions as may be determined by the Commission, and
shall exercise disciplinary control over such officers.

(2) The salaries of the Commissioner-General of Elections and other
officers of the Election Commission shall be charged on the
Consolidated Fund of Sri Lanka.

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(3) The Commissioner-General of Elections shall, subject to the
direction and control of the Election Commission, execute the
decisions of the Commission and exercise supervision over the other
officers of the Commission.

(4) The Election Commission may delegate to the Commissioner-
General of Elections or other officer of the Commission, any power,
duty or function of the Commission and the Commissioner-General of
Elections or such officer shall exercise, perform or discharge such
power, duty or function, subject to the direction and control of the
Commission.

(5) Notwithstanding anything in any law, the Election Commission
shall not appoint any person other than a Commissioner, Deputy
Commissioner or Assistant Commissioner of Elections to be a
returning officer at any election or referendum conducted by the
Election Commission.

CHAPTER XIX – THE DELIMITATION COMMISSION

INCLUDE TRANSITION PROVISION – EXISTING COMMISSION
TO CONTINUE

370. (1) Within three months of the commencement of the Constitution,
there shall be established a Delimitation Commission consisting of
three persons who are not actively engaged in politics, and appointed
by the President in the manner specified in Article AAA.

(2) The President shall, in the manner specified in Article AAA,
appoint one of such persons to be the Chairperson.

371. The Delimitation Commission shall exercise such powers and
functions as provided in this Constitution or any written law.

372. The quorum for meetings of the Delimitation Commission shall be
2 Members.

CHAPTER XXI – THE NATIONAL PUBLIC SERVICE

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.

(2) In making its recommendations, the Constitutional Council shall
also ensure that at least six members possess at least fifteen (15)
years of experience in senior management as a public officer, and at

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least five members have professional qualifications, with a minimum
of ten years experience in such profession, and that at least one of
such persons is an attorney-at-law.

(3) No person shall be appointed as a member of the Commission or
continue to hold office as such member if he is or becomes a
member of Parliament, a Provincial Council or a local authority.

(4) Every person who immediately before his appointment as a
member of the Commission was a public officer in the service of the
State or a judicial officer, shall, upon such appointment taking effect
ceases to hold such office and shall be ineligible for further
appointment as a public officer or a judicial officer:
Provided that any such person shall, until he ceases to be a member
of the Public Service Commission, or while continuing to be a
member, attains the age at which he would, if he were a public
officer or a judicial officer, as the case may be, be required to retire,
be deemed to be a public officer or a judicial officer and to hold a
pensionable office in the service of the State, for the purpose of any
provision relating to the grant of pensions, gratuities and other
allowances in respect of such service.

(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,

(6) A member of the Commission shall be eligible for reappointment
as a member, but shall not be eligible for appointment as a public
officer or a judicial officer after the expiry of his term of office as a
member. No member shall be eligible to hold office as a member of
the Commission for more than two terms.

(7) A member of the Commission who without obtaining prior leave
of the Commission absents himself from three consecutive meetings
of the commission, shall be deemed to have vacated office with
effect from the date of the third of such meetings, and shall not be
eligible thereafter to be reappointed as a member of the Commission.

(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.

(9) A member of the Commission shall be paid such emoluments as
may be determined by Parliament. The emoluments paid to a
member of the Commission shall be charged on the Consolidated
Fund and shall not be diminished during the term of office of such

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member.

(10) 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.

(11) There shall be a Secretary to the Commission who shall be
appointed by the Commission.

(12) The Commission shall appoint such other officers as necessary
for the performance of its duties.

(13) 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.

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.

(2) The appointment, promotion, transfer, disciplinary control and
dismissal of all Secretaries to Ministries of the Central Executive
shall vest in the Cabinet of Ministers.

(3) Subject to the provisions of the Constitution, the appointment,
promotion, transfer, disciplinary control and dismissal of public
officers shall be vested in the Public Service Commission.
Provided that, in making appointments, transfers, or exercising
disciplinary control over heads of department or additional
secretaries to Ministries of the Central Executive, the Commission
shall consult the Cabinet of Ministers, as it deems fit.

(4) The Commission shall not derogate from the powers and
functions of the Provincial Public Service Commissions as are
established by law.

(5) The Commission shall provide to Parliament in each calendar
year, a report of its activities in respect of such year.

375. (1) The Commission may delegate to a Committee consisting of
three persons (not being members of the Commission) appointed by
the Commission, the powers of appointment, promotion, transfer,
disciplinary control and dismissal of such categories of public
officers as are specified by the Commission.

(2) The Commission shall cause the appointment of any such

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Committee to be published in the Gazette.

(3) The procedure and quorum for meetings of any such Committee
shall be as determined by the Commission by rules made in that
behalf.

(4) There shall be a Secretary to each Committee, who shall be
appointed by the Commission.

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 cause any such delegation to be published
in the Gazette, including the conditions and procedure determined by
the Commission for such purpose.

377. Upon delegation of any of its powers to a Committee or a public
officer appointed under Article AAA or Article AAA as the case
may be, the Commission shall not, while such delegation is in force,
exercise or perform its functions or duties in regard to the categories
of public officers in respect of which such delegation is made,
subject to the provisions contained in Article AAA.

378. (1) Any public officer aggrieved by an order relating to a promotion,
transfer, dismissal or an order on a disciplinary matter made by a
Committee or any public officer under Article AAA or Article AAA,
in respect of the officer so aggrieved, may appeal to the Commission
against such order in accordance with such rules made by the
Commission from time to time, relating to the procedure to be
followed in the making, hearing and determination of an appeal
made to the Commission and the period within which an appeal
should be heard and concluded.

(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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(3) The Chairman of the Commission shall preside at all meetings of
the Commission and in his absence, a member elected by the
members present from amongst themselves, shall preside at such
meeting.

380. Subject to the provisions of Article AAA and of Article AAA, no
court or tribunal shall have power or jurisdiction to inquire into, or
pronounce upon or in any manner call in question any order or
decision made by the Commission, a Committee, or any public
officer, in pursuance of any power or duty conferred or imposed on
such Commission, or delegated to a Committee or public officer,
under this Chapter or under any other law.

381. (1) The Commission shall cause all rules promulgated by it to be
published in the Gazette.

(2) Until the Commission otherwise provides, all rules, regulations
and procedures relating to the public service as are in force on the
date of the coming into operation of this Chapter, shall, mutatis
mutandis, be deemed to continue in force as rules, regulations and
procedures relating to the public service, as if they had been made or
provided for under this Chapter.

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.

(2) The Court of Appeal shall have jurisdiction to hear and
determine any matter referred to in paragraph (1) of this Article.

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.

384. (1) The President shall appoint:-
(a) the Heads of the Army, the Navy and the Air Force;
(b) subject to the approval of the Constitutional Council, the
Attorney-General and the Inspector-General of Police,

(2) The holders of the Offices of Attorney-General and the Inspector-
General of Police shall retire from their respective Office, upon their
attaining the age of sixty years.

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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.

CHAPTER XXII – THE PROVINCIAL PUBLIC SERVICES

386. (1) There shall be a Provincial Public Service Commission (in this
Chapter referred to as the “Commission”) in respect of each
Province.

(2) (a) Each Provincial Public Service Commission shall consist of
seven members appointed by the Governor on the
recommendation of the Constitutional Council, which
recommendation shall be made in the manner set out in
paragraph (3).

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

(b) One of such persons shall, on the recommendation of the
Constitutional Council, be appointed by the Governor, as the
Chairperson of the Commission.

(c) The Governor shall make the appointments specified in
paragraphs (a) and (b) within fourteen days of the receipt of the
recommendation of the Constitutional Council, failing which the
persons recommended by the Constitutional Council to be so
appointed shall be deemed to be appointed as Chairperson and
Members of the Commission, with effect from the expiry of such
period of fourteen days.

(3) (a) The Chief Minister and the Leader of the Opposition of the

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respective Provincial Council shall jointly nominate persons to
be appointed as members of the Commission.

(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.

(d) The Constitutional Council shall make its recommendations
out of the nominations made by the Chief Minister and the
Leader of the Opposition.
Provided that, where the Constitutional Council is of the view
that the persons recommended are not suitable to be appointed, it
shall recommend alternate persons to be appointed as members
of the Commission.

(4) Any person appointed, whether as chairperson or member, to any
Provincial Public Service Commission shall only be removed as
chairperson or member, in the manner specified in paragraph (5) of
this Article.

(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.

(6) Without prejudice to the generality of its powers under paragraph
(5), the Constitutional Council shall recommend the removal of any
member of a Provincial Public Service Commission, if such person is
convicted by a court of law of any offence involving moral turpitude,
or if a resolution for the imposition of civic disability upon the
member has been passed in terms of Article AAA.

387. (1) No person shall be appointed as a member of the Commission or
continue to hold office as such member if he is or becomes a
member of Parliament, a Provincial Council or a local authority.

(2) Every person who immediately before his appointment as a
member of the Commission was a public officer in the service of the
State or a judicial officer, shall, upon such appointment taking effect
ceases to hold such office and shall be ineligible for further

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appointment as a public officer or a judicial officer:
Provided that any such person shall, until he ceases to be a member
of the Commission, or while continuing to be a member, attains the
age at which he would, if he were a public officer or a judicial
officer, as the case may be, be required to retire, be deemed to be a
public officer or a judicial officer and to hold a pensionable office in
the service of the State, for the purpose of any provision relating to
the grant of pensions, gratuities and other allowances in respect of
such service.

(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,

(4) A member of the Commission shall be eligible for reappointment
as a member, but shall not be eligible for appointment as a public
officer or a judicial officer after the expiry of his term of office as a
member. No member shall be eligible to hold office as a member of
the Commission for more than two terms.

(5) A member of the Commission who without obtaining prior leave
of the Commission absents himself from three consecutive meetings
of the commission, shall be deemed to have vacated office with
effect from the date of the third of such meetings, and shall not be
eligible thereafter to be reappointed as a member of the Commission.

(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.

(7) A member of the Commission shall be paid such emoluments as
may be determined by Parliament. The emoluments paid to a
member of the Commission shall be charged on the Consolidated
Fund of the Province and shall not be diminished during the term of
office of such member.

(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.

(9) There shall be a Secretary to the Commission who shall be
appointed by the Commission.

(10) The Commission shall appoint such other officers as necessary
for the performance of its duties.

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(11) 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.

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.

(3) (a) Secretaries to Ministries of the Provincial Executive shall be
appointed by the Governor on the advise of the Board of Ministers.

(b) Secretaries to Ministries of the Provincial Executive shall be
removed by the Governor, if so requested by the Board of Ministers.

(c) Every Secretary to a Provincial Ministry shall, subject to the
direction and control of the Minister, exercise supervision over all
institutions falling within the purview of the Minister and shall be
accountable for their performance.

(d) Every Provincial Minister shall be accountable for the directives
given by such Minister to the Secretary of such Ministry.

(4) Subject to the provisions of the Constitution, the appointment,
promotion, transfer, disciplinary control and dismissal of all
employees of the respective Provincial Public Service shall be vested
in the relevant Provincial Public Service Commission.
Provided that, in making appointments or transfers, or exercising
disciplinary control over heads of department or additional
secretaries to Ministries of the Provincial Executive, the Commission
shall consult the Board of Ministers, as it deems fit.

(5) The Provincial Public Service Commission of each province
should decide the cadre need of the respective provinces, including
the cadre need of the Local Authorities and the All Island Service
personnel required for such province, based on criteria specified by
the National Public Service Commission, and equally applicable to
all the provinces.

(6) Employees of Local Authorities immediately prior to the coming
into force of this Constitution, shall be deemed to be employees of
the relevant Provincial Public Service.

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(7) The National Public Service Commission shall exercise powers
of appointment, promotion, transfer, disciplinary control and
dismissal of all employees of the All Island Services who have been
allocated to work in institutions under the relevant Provincial
Council.
Provided that in exercising such powers of transfer and disciplinary
control, it shall consult the relevant Provincial Public Service
Commission.
Provided further that, public officers belonging to an All Island
Service, of similar category and rank shall receive equal salary.
However, this will not prejudice the right of any Province to offer
additional incentives.

(8) The National Public Service Commission shall provide rules
whereby employees of any Provincial Public Service can seek
employment in, or transfer to, the National Public Service.

(9) The Commission shall provide to the Provincial Council in each
calendar year, a report of its activities in respect of such year.

389. (1) The Commission may delegate to a Committee consisting of
three persons (not being members of the Commission) appointed by
the Commission, the powers of appointment, promotion, transfer,
disciplinary control and dismissal of such categories of public
officers as are specified by the Commission.

(2) The Commission shall cause the appointment of any such
Committee to be published in the Gazette.

(3) The procedure and quorum for meetings of any such Committee
shall be as determined by the Commission by rules made in that
behalf.

(4) There shall be a Secretary to each Committee, who shall be
appointed by the Commission.

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 cause any such delegation to be published
in the Gazette, including the conditions and procedure determined by
the Commission for such purpose.

391. Upon delegation of any of its powers to a Committee or a public
officer appointed under Article AAA or Article AAA as the case
may be, the Commission shall not, while such delegation is in force,
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exercise or perform its functions or duties in regard to the categories
of public officers in respect of which such delegation is made,
subject to the provisions contained in Article AAA.

392. (1) Any public officer aggrieved by an order relating to a promotion,
transfer, dismissal or an order on a disciplinary matter made by a
Committee or any public officer under Article AAA or Article AAA,
in respect of the officer so aggrieved, may appeal to the Commission
against such order in accordance with such rules made by the
Commission from time to time, relating to the procedure to be
followed in the making, hearing and determination of an appeal
made to the Commission and the period within which an appeal
should be heard and concluded.

(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.

(3) The Chairman of the Commission shall preside at all meetings of
the Commission and in his absence, a member elected by the
members present from amongst themselves, shall preside at such
meeting.

394. Subject to the provisions of Article AAA and of Article AAA, no
court or tribunal shall have power or jurisdiction to inquire into, or
pronounce upon or in any manner call in question any order or
decision made by the Commission, a Committee, or any public
officer, in pursuance of any power or duty conferred or imposed on
such Commission, or delegated to a Committee or public officer,
under this Chapter or under any other law.

395. (1) The Commission shall cause all rules promulgated by it to be
published in the Gazette.

(2) Until the Commission otherwise provides, all rules, regulations
and procedures relating to the public service as are in force on the
date of the coming into operation of this Chapter, shall, mutatis
mutandis, be deemed to continue in force as rules, regulations and
procedures relating to the public service, as if they had been made or
provided for under this Chapter.

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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.

(2) The Court of Appeal shall have jurisdiction to hear and
determine any matter referred to in paragraph (1) of this Article.

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.

398. SHOULD WE ADD A CLAUSE THAT ALL EMPLOYEES
PRESENTLY ATTACHED TO AN INSTITUTION WHICH WILL
BECOME A PURELY PROVINCIAL INSTITUTE, WILL
BECOME EMPLOYEES OF THAT PPS? (OTHER THAN THOSE
OF THE SPECIFIED NATIONAL SERVICES?)

CHAPTER XXIII – THE ADMINISTRATIVE APPEALS
TRIBUNAL

399. (1) There shall be an Administrative Appeals Tribunal appointed by
the Judicial Service Commission.

(2) The Administrative Appeals Tribunal shall have the power to
alter, vary or rescind any order or decision made by the National
Public Service Commission.

(3) The constitution, powers and procedure of such Tribunal,
including the time limits for the preferring of appeals, shall be
provided for by law.
Provided that until such time Parliament enacts such a law, the
provisions of the Administrative Appeals Tribunal Act No. 4 of 2002
shall mutatis mutandis apply.

400.

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SCHEDULE
SCHEDULE 1I

Political Party Representations in the Interim Report
of the Steering Committee

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]

CHAPTER I - THE PEOPLE, THE STATE AND SOVEREIGNTY

Articles 1 and 2 of the (proposed) Draft

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.

JATHIKA HELA URUMAYA

• Articles 1 and 2 of the 1978 Constitution to remain unchanged.
• The term ‘Democratic Socialist Republic of Sri Lanka’ may be changed as either ‘Sri
Lanka’ or ‘Republic of Sri Lanka’.

EPDP

JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA

• Sri Lanka shall be a “Eksath Janarajaya”, “Aikkiya Ilangai Kudiyarasau, ‘ United Republic
of Sri Lanka”.

ALL CEYLON MAKKAL CONGRESS (ACMC)
TAMIL NATIONAL ALLIANCE

• Sri Lanka shall be a Union of Provinces/ States.
• Sri Lanka shall be a federal state within the framework of a united / undivided and
indivisible country.
• The Centre and the Provinces/ States shall exercise exclusive power in their areas of
competence in accordance with the provisions of the Constitution.
• The Constitution shall be the Supreme Law of Sri Lanka.
(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)

SRI LANKA FREEDOM PARTY
• Articles 1 & 2 of the 1978 Constitution to remain unchanged i.e.

- Sri Lanka is a Free, Sovereign, Independent and Democratic Socialist Republic
and shall be known as the ‘Democratic Socialist 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.

UNITED LEFT FRONT AND LANKA SAMA SAMAJA PARTY

• 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.

SRI LANKA MUSLIM CONGRESS (SLMC)

• 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”.

Article 3 of the (proposed) Draft

JOINT OPPOSITION

• Articles 3 and 4 of the 1978 Constitution to remain unchanged.
JATHIKA HELA URUMAYA

• Articles 3 and 4 of the 1978 Constitution to remain unchanged.
SRI LANKA FREEDOM PARTY

• Articles 3,4,5,6,8 of the 1978 Constitution to remain unchanged
SRI LANKA MUSLIM CONGRESS

• Articles 3 and 4 of the 1978 Constitution to remain unchanged.

Article 4 of the (proposed) Draft

JOINT OPPOSITION

• Article 5 of the 1978 Constitution to remain unchanged

JATHIKA HELA URUMAYA

• Article 5 of the 1978 Constitution to remain unchanged

JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA

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.

SRI LANKA FREEDOM PARTY
• Article 5 of the 1978 Constitution to remain unchanged.

SRI LANKA MUSLIM CONGRESS

Article 6 of the (proposed) Draft

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’.

JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA

• 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

Article 9 of the (proposed) Draft

JOINT OPPOSITION

• Article 9 of the 1978 Constitution to remain unchanged.

JATHIKA HELA URUMAYA

• Article 9 of the 1978 Constitution to remain unchanged.

EPDP

• Agrees with the second formulation proposed in the Interim Report.

JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA

• 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).

TAMIL NATIONAL ALLIANCE

• Sri Lanka shall be a secular state.
(If the majority consensus is in favour of Buddhism being given the foremost place, the
terms and conditions relating thereto should be specified).
(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).

SRI LANKA FREEDOM PARTY

• Article 9 of the 1978 Constitution to remain unchanged.

SRI LANKA MUSLIM CONGRESS

• 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

• A Democratized Presidency should prevail.

ACMC

• The head of the state and government shall be the president.
• The president shall be elected by the people directly at a presidential election.
• The president shall be answerable to the parliament and the powers of the president
shall as per the original proposals of the nineteenth amendment.
• The term of office of president shall be 5 years and there shall be fixed date of
presidential elections.
• The president shall not hold any ministerial portfolio other than the subject of Defense.
• There shall be three (3) Vice-Presidents.
• The three Vice-Presidents shall be from the communities other than the community in
which the President is a member.

SLFP

• Executive Presidency should not be completely abolished.
• President needs to be directly elected by the people.
• President shall be the Head of the Cabinet.

UNITED LEFT FRONT AND LANKA SAMA SAMAJA PARTY

• The President shall be elected by an Electoral College consisting of Members of
Parliament and the Second Chamber.
• Whilst the President should ordinarily act on the advice of the Prime Minister, no
objection to the President exercising certain powers after consulting the Prime Minster.
CHAPTER VIII - THE CENTRAL EXECUTIVE - THE PRESIDENT AND
CABINET OF MINISTERS

The Prime Minister

JOINT OPPOSITION

• Prime Minister shall be elected by Parliament (Schedule – para 7).

JVP

• There shall not be an Executive Prime Minister.
• The election of the Prime Minister should be similar to the Westminster Model.
• PM shall be appointed based on winning the approval of a majority of elected Members
of Parliament.

ACMC

• Present PM (Westminster) system to remain unchanged.

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

• A mandatory restriction of the number of Cabinet Ministers to 30 and the number of
State/Deputy Ministers to 30.
• The allocation of subjects and functions should be done on a scientific basis and
included in the Constitution.
Leader of the Opposition

JOINT OPPOSITION

• The Leader of Opposition shall be elected by the opposition members (Schedule –
para 8).

CHAPTER XII – THE CENTRAL LEGISLATURE - LEGISLATIVE POWER

Central Legislation on Provincial Subjects

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

• Provincial legislation should be subordinate.
• Where necessary, the Parliament should have power, with the appropriate majority, to
enact laws on the provincial list subjects with/without the approval of the 2nd Chamber
– in the interests of uniformity.

EPDP

• Only provincial ministers/officials should exercise powers in respect of devolved
subjects (even if a province has not promulgated a statute).

SLMC

• Provisions should also be included in the Constitution to ensure protection to the
Chapter on devolution of power.
CHAPTER XV – ELECTION AND APPOINTMENT OF MEMBERS OF THE
SECOND CHAMBER

Second Chamber

JOINT OPPOSITION

• Proposals need to be discussed / reviewed further.

SLFP

• Agreed in principle.
However,

• Members to be elected by a process similar to Parliamentary and/or Provincial
Council elections.
• The Second Chamber should consist of 36 Members representing Provincial Councils; 19
Members representing Parliament and 2 Members from among the Cabinet of Ministers.
• Para 5 reference to 2/3 majority for constitutional amendments should be confined only
to the Parliament.

JVP

• Not agreed to paragraph 6 on additional constitutional safeguards when reducing
devolved powers.

TNA

• The Senate (the second chamber) shall be a representative body constituted of
representatives from the provinces/ states.
• Senate shall also be conferred with powers to oversee the possible dilution / taking back
of devolved powers from provinces/ states.

UNITED LEFT FRONT
Agreed, subject to:

• 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

• Consideration must be given to ethnic composition of a province in electing Members to
the Second Chamber.
• Fifty percent of the Second Chamber shall be filled with members from all minorities
communities.

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.

JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA

• 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.

CHAPTER XXVI – PROVINCIAL COUNCILS

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.

UNITED LEFT FRONT
• “Parliament may by law provide for two or three adjoining Provinces to form one
administrative unit….and for the manner of determining whether such Provinces should
continue to be administered as one administrative unit…. subject to the approval of the
electors of each of the Provinces concerned ascertained at a poll.”
• The All Party Representatives Committee (APRC) Proposal relating to the establishment
of a ‘Community Council for dispersed minorities’ merits consideration.

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.

4. Division of powers between the several tiers of government to be clear and
unambiguous

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.

• Introduce an additional list named “Local Government List.”
• Concurrent List should be done away with, subject to its retention in relation to limited
subject matters based on agreement and consensus among stakeholders.

JOINT PROPOSALS BY ACMC, EPDP, SLMC, TPA
• Concurrent lists to be abolished.
• There shall be three separate clear lists indicating the powers allotted to national,
provincial and local government entities.
• Powers devolved to the provincial councils under the 13th Amendment shall continue to
stand as devolved powers and there shall not be any constitutional attempt to shelve
any power from the PC list of powers.

5. National Policy, National Standards and Framework Legislation

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.

6. Local Government – Implementation of Specified Functions

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).

UNITED LEFT FRONT
• Governor should be accountable and answerable to both Provincial Council and
Parliament.

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.

8. Constitutionality of Provincial Statutes to be determined only by the
Constitutional Court

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.

UNITED LEFT FRONT
• Agreed to a Constitutional Court based on the South African model.

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.

THE CAPITAL TERRITORY

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

• There should be a single National Police Service.
• Broader discussion is required on the allocation of police powers and functions at the
national and provincial levels.

SLFP

• Agreed in principle to paragraphs s 1-5.
• There is basic agreement on matters in this Chapter. However, agreement needs to be
reached on powers of the Provincial Police after further discussion.
• The Constitution needs to specify clearly the powers of the National Police and the
Provincial Police.
• In the exercise of emergency powers (Paragraph (i)), the President to act “with or
without the advice of the Prime Minister.”
• In Paragraph (ii) – the term “Prime Minister” needs to be substituted by the term
“President”.
• In any case, in both aforesaid instances, such decisions should not be subjected to
judicial review.
• Agreed with the matters in sub-paragraphs 1 – 12 in Section XXX. However, President
should be allowed to act “with or without the advice of the Prime Minister”.
• Where there is a Declaration of emergency within a Province by the President on the
advice of the Governor, such decision would not require the approval of Parliament.
• Disagree with the proposal that such decisions need the approval of Parliament and
subject to judicial review.
CHAPTER___________ _ STATE LAND
NATIONAL LAND COMMISSION
INTER-PROVINCIAL IRRIGATION PROJECTS

JOINT OPPOSITION

• Disagreed. The proposed formulations need to be reviewed.

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.

UNITED LEFT FRONT
• Where there is no agreement as to whether a particular state land should be available
for use by the Centre or a Provincial Council, the matter may be determined by the
National Land Commission.
• All Chief Ministers should be ex officio members of the National Land Commission.

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”.

• Include provisions empowering provincial administration with regard to alienation or
disposal of state land in addition to the limited authority granted to a province in limited
circumstances identified in paragraph 11.

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 I - THE PEOPLE, THE STATE AND SOVEREIGNTY
CHAPTER II – RELIGION

Article 8 of the (Proposed) Draft-
PROF AUSTIN PULLE suggests the following alternate formulation: “In Sri Lanka, Buddhism shall
be accorded the foremost place, and it shall be the duty of the State to protect the integrity and
foster the values and principles of the Buddha Sasana, such that Sri Lanka and its people will
exemplify and be the shining example of the noble teachings of the Enlightened One to all
countries. The State shall treat all other religions and beliefs and their adherents with respect,
honor and dignity, and without discrimination, and while guaranteeing to all persons the
fundamental rights guaranteed by the Constitution”

CHAPTER III - FUNDAMENTAL RIGHTS AND FREEDOMS
CHAPTER IV - LANGUAGE
CHAPTER V - CITIZENSHIP
CHAPTER VI - PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES

CHAPTER VII - THE CENTRAL EXECUTIVE - THE PRESIDENT OF THE REPUBLIC

Article 10 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested the addition of the words “and of the law enforcement
authorities”

Article 11 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested the addition of the words “and accountable to the People of
Sri Lanka through” before the word “Parliament”

Article 12(2) of the (proposed) Draft-
PROF AUSTIN PULLE has suggested that the Steering Committee carefully address its mind to
whether the words “including those not present” wherever they appear in this document, should
be retained. This is especially because, it is the duty of individual MPs to attend Parliament, and
the duty of Party Whips to secure their presence. If they are absent, they should not be
considered in the voting of the day.

Article 12(3) of the (proposed) Draft-
PROF AUSTIN PULLE has suggested the deletion of the words “in the absence of the Chief Justice”.

Article 12(5) of the (proposed) Draft-
PROF AUSTIN PULLE has suggested the following alternate formulation:
“During his tenure of office as President, the President shall not compromise his status as the
apolitical head of state and the representative of all the People of Sri Lanka in any way including
participating in political activity, promoting any partisan agenda of a party, or by promoting or
not halting discord and discontent leading to hatred, ridicule or contempt among sections of the
community of Sri Lankans.”

Article 13(g) of the (proposed) Draft-
PROF AUSTIN PULLE suggests the inclusion of the following provided that such persons are
confirmed by a majority of Supreme Court justices as having achieved eminence in the profession
and have maintained exemplary standards of professional rectitude, such decision to be conveyed
in confidence by the Chief Justice to the President.”

Article 15(1) of the (proposed) Draft-
PROF AUSTIN PULLE suggests the inclusion of the following:
“Provided further that the immunity provided herein is immunity from legal proceedings while the
President holds office and shall not confer immunity after he has relinquished office for any
criminal or illegal act or for civil actions for conduct that was outside the scope of the duties and
powers of the President when committed.”

Article 16 of the (proposed) Draft-
PROF AUSTIN PULLE suggests the inclusion of the following sub article:
“(4) A person who has held office as the President may upon retirement be provided by
emoluments and benefits including housing and transportation but in no event shall the title of
immovable property or valuable movable property belonging to the state be conveyed to a
president who has left office.”

Article 17 (3)(c) of the (proposed) Draft-
PROF AUSTIN PULLE suggests the inclusion, after “unanimous decision” of the words “based on an
unanimous medical evaluation report rendered by an independent panel of medical specialists
qualified to make such an evaluation”
Article 18 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested the inclusion of the following: “Provided that the President
shall be entitled to, and the Prime Minister shall be obligated to appraise the President on,
information relating to affairs of state including matters of finance, dealings with foreign powers,
and security and shall always be entitled to counsel and advice the Prime Minister on such
matters.”

CHAPTER VIII - THE CENTRAL EXECUTIVE - THE PRESIDENT AND CABINET OF
MINISTERS

Article 28 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested that the Constitution should provide for no-confidence
Motions against individual Ministers.

CHAPTER IX - THE CENTRAL LEGISLATURE

Article 34 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested that the term “Parliament” be used to refer to both chambers,
and that the two chambers be given appropriate terminology (e.g. People’s Assembly)

CHAPTER X – PARLIAMENT

Article 37 of the (proposed) Draft-
PROF AUSTIN PULLE suggests adding the following to the oath (wherever the oath appears): “I
pledge allegiance to my country, one, united and undivided, and to all of my fellow citizens,
regardless of race, caste or creed, whose sovereignty I have been entrusted with in order to
represent them, I pledge to execute my office to the best of my abilities and uphold the Rule of
Law.”

Article 38 of the (proposed) Draft-
PROF AUSTIN PULLE suggests adding the following:
(6) The Speaker, and all those deputizing for him in his absence, shall be politically neutral in
conducting the affairs of the [House].

Article 42 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested that a sub-article be added that when a MP crosses-over
without the written permission of the leader of that party, he shall cease to hold office.
CHAPTER XI – THE SECOND CHAMBER
CHAPTER XII – THE CENTRAL LEGISLATURE - LEGISLATIVE POWER
CHAPTER XIII – CONSTITUTIONAL AMENDMENTS
CHAPTER XIV – ELECTION OF MEMBERS OF PARLIAMENT
CHAPTER XV – ELECTION AND APPOINTMENT OF MEMBERS OF THE SECOND
CHAMBER
CHAPTER XVI – THE REFERENDUM
CHAPTER XVII – THE FRANCHISE AND ELECTIONS

CHAPTER XVIII – THE JUDICIARY

Article 113(3) of the (proposed) Draft-
PROF AUSTIN PULLE suggests that a further proviso should be included to ensure that legitimate
criticisms / exercise of free speech is not restricted under the guise of the exercise of contempt
powers.

Article 117 (2) of the (proposed) Draft-
PROF AUSTIN PULLE suggests the addition of the following:
“(3) At least once every four years, Parliament shall determine whether in view of the prevailing
cost of living index, the salaries of judges should be revised upwards. Any revision shall also be
reflected in judicial pensions which will be proportionally revised upwards.”

Article 119 (1) of the (proposed) Draft-
PROF AUSTIN PULLE suggests inclusion of the following:
Provided that if in the national interest, the President believes that any judge referred to in Article
119(2) should serve on a Presidential Commission of Inquiry, the President shall seek approval for
such appointment from the Constitutional Council which approval shall not be unreasonably
withheld.”

CHAPTER XIX – THE CONSTITUTIONAL COURT

Article 125 (4) of the (proposed) Draft-
PROF AUSTIN PULLE suggests the inclusion of the following:
“(c) any other person, who by reason of any international treaty is entitled to the “national
treatment” standard which would include the same rights of access to courts as granted to
citizens:”
CHAPTER XX – THE SUPREME COURT

Article 142(l) of the (proposed) Draft-
PROF AUSTIN PULLE suggests the inclusion of:
“(m) a Code of Judicial Ethics which shall bind all judges”

CHAPTER XXI – THE COURT OF APPEAL
CHAPTER XXII – THE JUDICIAL SERVICE COMMISSION
CHAPTER XXIII – THE HIGH COURT
CHAPTER XX – THE CONSTITUTIONAL COUNCIL
CHAPTER XXVI – PROVINCIAL COUNCILS
CHAPTER XXVII – LOCAL AUTHORITIES

CHAPTER XXVIII – LAW & ORDER

Article 198 of the (proposed) Draft-
PROF AUSTIN PULLE has suggested the addition of the following:
“(XV) any offence relating to bribery, corruption, obstruction of justice, wheresoever committed.”
“(XVI) any offence where the elements constituting the offence took place in more than one
Province or where the effects of the offence committed in one Province occurred in another
Province.”

CHAPTER XXIX – NATIONAL POLICE COMMISSION
CHAPTER AAA - PROVINCIAL POLICE COMMISSIONS
CHAPTER AAAI – PROVINCIAL POLICE SERVICE
CHAPTER AAAII – PUBLIC SECURITY
CHAPTER XXIV – PUBLIC FINANCE
CHAPTER XXV – THE FINANCE COMMISSION
CHAPTER XVIII – THE ELECTIONS COMMISSION
CHAPTER XIX – THE DELIMITATION COMMISSION
CHAPTER XXI – THE NATIONAL PUBLIC SERVICE
CHAPTER XXII – THE PROVINCIAL PUBLIC SERVICES
CHAPTER XXIII – THE ADMINISTRATIVE APPEALS TRIBUNAL
Separate comments by Ms. Chamindry Saparamadu (Member of the Panel of
Experts) submitted to the Steering Committee on 08th August 2018.