THE
CONSTITUTION
OF THE
DEMOCRATIC SOCIALIST REPUBLIC
OF SRI LANKA
(As amended up to 15th May 2015)
Revised Edition - 2015
Published by the Parliament Secretariat
Printed at the Department of Government Printing
This unofficial edition edited by the Bills Office of
the Legislative Services Department of Parliament of Sri Lanka
reproduces the text of the Constitution of the Democratic Socialist
Republic of Sri Lanka as amended by Parliament from time to time up to
the Nineteenth Amendment to the Constitution. The footnotes below the
text indicate the particular Amendments to the Constitution by which
such Amendments have been made.
SVASTI
The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and
granted on the Sixth day of the waxing moon in the month of Adhi Nikini
in the year Two Thousand Five Hundred and Twenty one of the Buddhist Era
(being Thursday the Twenty first day of the month of July in the year
One Thousand Nine Hundred and Seventy seven), entrusted to and empowered
their Representatives elected on that day to draft, adopt and operate a
new Republican Constitution in order to achieve the goals of a
DEMOCRATIC SOCIALIST REPUBLIC, and having solemnly resolved by the grant
of such Mandate and the confidence reposed in their said Representatives
who were elected by an overwhelming majority, to constitute SRI LANKA
into a DEMOCRATIC SOCIALIST REPUBLIC whilst ratifying the immutable
republican principles of REPRESENTATIVE DEMOCRACY and assuring to all
People s FREEDOM, EQUALITY, JUSTICE , FUNDAMENTAL HUMAN RIGHTS and the
INDEPENDENCE OF THE JUDICIARY as the intangible heritage that guarantees
the dignity and well-being of succeeding generations of the People of
SRI LANKA and of all the People of the World, who come to share with
those generations the effort of working for the creation and
preservation of a JUST AND FREE SOCIETY :
WE, THE
FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OF SRI LANKA, in pursuance
of such Mandate, humbly acknowledging our obligations to our People and
gratefully remembering their heroic and unremitting struggle to regain
and preserve their rights and privileges so that the Dignity and Freedom
of the Individual may be assured, Just, Social, Economic and Cultural
Order attained, the Unity of the Country restored, and Concord
established with other Nations,
do hereby adopt and enact
this
CONSTITUTION
as the
SUPREME LAW
of the
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.
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AMENDMENT OF THE CONSTITUTION
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Amendment
or repeal
of the
Constitution must be expressed
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82.
(1) No Bill for the
amendment of any provision of the Constitution shall 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
thereof as being an Act for the amendment of the
Constitution.
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(2) No Bill for the
repeal of the Constitution shall 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.
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(3) If in the opinion of
the Speaker, a Bill does not comply with the
requirements of paragraph (1) or paragraph (2) of this
Article, he shall direct that such Bill be not proceeded
with unless it is amended so as to comply with those
requirements.
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(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.
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(5) A Bill for the
amendment of any provision of the Constitution or for
the repeal and replacement of the Constitution, shall
become law if the number of votes cast in favour thereof
amounts to not less than two-thirds of the whole number
of Members (including those not present) and upon a
certificate by the President or the Speaker, as the case
may be, being endorsed thereon in accordance with the
provisions of Article 80 or 79.
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(6) No provision in any
law shall, or shall 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 requirements of the preceding
provisions of this Article.
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(7) In this Chapter,
"amendment" includes repeal, alteration and addition.
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Approval of certain Bills
at
a
Referendum
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83. Notwithstanding anything to the contrary in the
provisions of Article 82 -
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(a) a Bill for the
amendment or for the repeal and replacement of or which
is inconsistent with any of the provisions of Articles
1, 2, 3, 6, 7, 8, 9, 10 and 11 or of this Article ; and
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(b) a Bill for the
amendment or for the repeal and replacement of or which
is inconsistent with the provisions of paragraph (2) of
Article 30 or of, paragraph (2) of Article 62 which
would extend the term of office of the President, or the
duration of Parliament, as the case may be, to over six
years, |
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shall become law if the number of
votes cast in favour thereof amounts to not less than two-thirds
of the whole number of Members (including those not present), is
approved by the People at a Referendum and a certificate is
endorsed thereon by the President in accordance with Article 80.
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Bills
inconsistent
with the
Constitution
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84.
(1) A Bill which is not
for the amendment of any provision of the Constitution
or for the repeal and replacement of the Constitution,
but which is inconsistent with any provision of the
Constitution may be placed on the Order paper of
Parliament without complying with the requirements of
paragraph (1) or paragraph (2) of Article 82.
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(2) Where the Cabinet of
Ministers has certified that a Bill is intended to be
passed by the special majority required by this Article
or where the Supreme Court has determined that a Bill
requires to be passed by such special majority, such
Bill shall become law only if the number of votes cast
in favour thereof amounts to not less than two-thirds of
the whole number of Members (including those not
present) and a certificate by the President or the
Speaker, as the case may be, is endorsed thereon in
accordance with the provisions of Article 80 or 79.
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(3) Such a Bill when
enacted into law shall not, and shall not be deemed to,
amend, repeal or replace the Constitution or any
provision thereof, and shall not be so interpreted or
construed, and may thereafter be repealed by a majority
of the votes of the Members present and voting.
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Submission
of Bills to
People by Referendum
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85.
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(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 Supreme 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 (including those not present).
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48[ (2) Repealed ].
(3) 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.
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Submission
of matters
with
national importance to People by Referendum.
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86. The President may, subject to the provisions of
Article 85, submit to the People by Referendum any matter which
in the opinion of the President is of national importance.
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Parliament to provide for
procedure.
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87.
(1) Every Referendum
shall be conducted by the Commissioner of Elections who
shall communicate the result thereof to the President.
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(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. |
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THE FRANCHISE
AND ELECTIONS
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Right to be
an elector
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88. Every person shall, unless disqualified as
hereinafter provided, be qualified to be an elector at the
election of the President and of the Members of Parliament or to
vote at any Referendum:
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Provided that no such person shall
be entitled to vote unless his name is entered in the
appropriate register of electors.
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Disqualification to be an
elector
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89. No person shall be qualified to be an elector at
an election of the President, or of the Members of Parliament or
to vote at any Referendum, if he is subject to any of the
following disqualifications, namely -
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(a) if he is not a
citizen of Sri Lanka ;
(b) if he has not
attained the age of eighteen years on the qualifying
date specified by law under the provisions of Article
101 ;
(c) if he is under any
law in force in Sri Lanka found or declared to be of
unsound mind ;
(d) if he is serving or
has during the period of seven years immediately
preceding completed 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 :
Provided that if any
person disqualified under this paragraph is granted a
free pardon such disqualification shall cease from the
date on which the pardon is granted ;
(e) if a period of seven
years has not elapsed since
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(i) the last of
the dates, if any, of his being convicted of any
offence under section 52(1) or 53 of the Ceylon
(Parliamentary Elections) Order in Council,
1946, 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 as would correspond to an offence
under either of the said two sections ;
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(ii) the last of
the dates, if any, of his being convicted of a
corrupt practice under the Ceylon (Parliamentary
Elections) Order in Council, 1946, 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 as would
correspond to the said corrupt practice ;
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(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 him guilty of any
corrupt practice under the Ceylon (Parliamentary
Elections) Order in Council, 1946, or under any
law for the time being relating to Referenda or
to the election of the President or of Members
of Parliament ;
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(iv) the last of
the dates, if any, of his being convicted or
found guilty of bribery under the provisions of
the Bribery Act or of any future law as would
correspond to the Bribery Act; |
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(f) if a period of five
years has not elapsed since
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(i) the last of
the dates, if any, of his being convicted of any
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
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(ii) the last of
the dates, if any, of his 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 ;
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(g) if a period of three
years has not elapsed since -
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(i) the last of
the dates, if any, of his being convicted of an
illegal practice under the Ceylon (Parliamentary
Elections) Order in Council, 1946, 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 as would
correspond to the said illegal practice ;
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(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 him guilty of any
illegal practice under the Ceylon (Parliamentary
Elections) Order in Council, 1946, or under any
law for the time being relating to Referenda or
to the election of the President or of Members
of Parliament ; |
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(h) if a resolution for
the imposition of civic disability upon him has been
passed in terms of Article 81, and the period of such
civic disability specified in such resolution has not
expired;
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(i) if a period of seven
years has not elapsed since
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(i) the date of
his 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
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(ii) the date of
his being convicted of an offence of contempt
against, or in disrespect of, the authority of
any Special Presidential Commission of Inquiry
consisting of such member or members specified
in Article 81 by reason of -
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(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,
or
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(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
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(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. |
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(j) if the period of his
disqualification imposed under 49[Article 116 or Article
111C, as the case may be] has not elapsed.
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Qualification
for election
as a Member
of Parliament
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90. Every person who is qualified to be an elector
shall be qualified to be elected as a Member of Parliament
unless he is disqualified under the provisions of Article 91.
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Disqualification for
election
as a Member
of Parliament
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91.
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(1) No person shall be
qualified to be elected as a Member of Parliament or to
sit and vote in Parliament -
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(a) if he is or
becomes subject to any of the disqualifications
specified in Article 89 ;
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(b) if he-
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(i)
stands nominated as a candidate for
election for more than one electoral
district at a General Election,
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(ii)
stands nominated as a candidate for
election by more than one recognized
political party or independent group in
respect of any electoral district,
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(iii)
stands nominated as a candidate for
election for an electoral district and
before the conclusion of the election
for that electoral district he stands
nominated as a candidate for election
for any other electoral district, or
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(iv)
being a Member of Parliament, except in
the circumstances referred to in Article
70(7) or Article 155(4)(i), stands
nominated as a candidate for election
for any electoral district; |
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(c) if he is the
President of the Republic ;
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(d) if he is -
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(ii) the
Parliamentary Commissioner for
Administration,
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(iii)
the Secretary-General of Parliament or a
member of his staff,
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(iv) a
member of the Public Service Commission,
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50[(iva)
a member of a Provincial Public Service
Commission, ]
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51[(v) a
member of the Constitutional Council,
referred to in sub-paragraph (e) of
paragraph (1) of Article 41A other than
any Member of Parliament;
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(va) a
member of any Commission specified in
the Schedule to Article 41B;
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(vb) the
Commissioner General of Elections;]
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(vi) the
Auditor-General,
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52[(vii)
53[a public officer or a member of the
Sri Lanka State Audit Service holding
any office] created prior to November
18, 1970, the initial of the salary
scale of which was, on November 18,
1970, not less than Rs. 6,720 per annum,
or such other amount per annum as would,
under any subsequent revision of salary
scales, correspond to such initial,
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54
(viii) [a public officer or a member of
the Sri Lanka State Audit Service
holding any office] created after
November 18, 1970, the initial of the
salary scale of which is, on the date of
the creation of that office, not less
than the initial of the salary scale
applicable, on that date, to an office
referred to in item (vii) or such other
amount per annum as would, under any
subsequent revision of salary scales,
correspond to the first-mentioned
initial,]
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55[(viiia) an officer of a Provincial
Public Service holding any office
created after February 01, 1988, the
initial of the salary scale of which is,
on the date of the creation of that
office, not less than such amount as
determined by resolution of Parliament,
or such other amount per annum as would,
under any subsequent revision of such
salary scales, correspond to such
initial,]
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56[(ix)
an officer in any public corporation
holding any office created prior to
November 18, 1970, the initial of the
salary scale of which was, on November
18, 1970, not less than Rs. 7,200 per
annum or such other amount per annum as
would, under any subsequent revision of
salary scales, correspond to such
initial,
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(x) an
officer in any public corporation
holding any office created after
November 18, 1970, the initial of the
salary scale of which is, on the date of
creation of that office, not less than
the initial of the salary scale
applicable on that date to an office
referred to in item (ix) or such other
amount per annum as would, under any
subsequent revision of salary scales,
correspond to the first mentioned
initial,
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(xi) a
member of the Regular Force of the Army,
Navy or Air Force ; or
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(xii) a
police officer or a public officer
exercising police function ;]
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57[(xiii) a citizen of Sri Lanka who is
also a citizen of any other country; |
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(e) if he has
any such interest in any such contract made by
or on behalf of the State or a public
corporation as Parliament shall by law prescribe
;
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(f) if he is an
undischarged bankrupt or insolvent, having been
declared bankrupt or insolvent;
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(g) if during
the preceding seven years he 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 his judgment as a Member of
Parliament or as a member of the legislature
prior to the commencement of the Constitution.
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(2) For the purposes of
sub-paragraph (g) of paragraph (1) of this Article, the
acceptance by a Member of Parliament of any allowance or
other payment made to him by any trade union or other
organization solely for the purpose of his maintenance
shall be deemed not to be the acceptance of a bribe or
gratification. |
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Disqualification for
election as President
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92. Every person who is qualified to be an elector
shall be qualified to be elected to the office of President
unless he is subject to any of the following disqualifications-
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(a) if he has not
attained the age of 58[thirty five] years ;
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(b) if he is not
qualified to be elected as a Member of Parliament under
sub-paragraph (d), (e), (f) or (g) of paragraph (1) of
Article 91 ; and
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59[(c) if he has been
twice elected to the office of President by the People.
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(d) if he has been
removed from the office of President under the
provisions of sub-paragraph (e) of paragraph (2) of
Article 38. |
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Election to
be free,
equal
and secret.
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93. The voting for the election of the President of
the Republic and of the Members of Parliament and at any
Referendum shall be free, equal and by secret ballot.
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Election
of the
President
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94.
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(1) At the election of
the President every voter while casting his vote for any
candidate may -
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(a) where there
are three candidates for election, specify his
second preference; and
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(b) where there
are more than three candidates for election,
specify his second and third preferences. |
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(2) The candidate, if
any, who receives more than one-half of the valid votes
cast shall be declared elected as President.
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(3) Where no candidate
is declared elected under paragraph (2) of this Article,
the candidate or candidates, other than the candidates
who received the highest and second highest number of
such votes, shall be eliminated from the contest, and -
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(a) the second
preference of each voter whose vote had been for
a candidate eliminated from the contest, shall,
if it is for one or the other of the remaining
two candidates, be counted as a vote for such
candidate and be added to the votes counted in
his favour under paragraph (2) ; and
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(b) the third
preference of each voter referred to in
subparagraph (a) whose second preference is not
counted under that sub paragraph shall, if it is
for one or the other of the remaining two
candidates, be counted as a vote for such
candidate and be added to the votes counted in
his favour under sub-paragraph (a) and paragraph
(2), |
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and the candidate who
receives the majority of the votes so counted shall be
declared elected as President.
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(4) Where an equality is
found to exist between the votes received by two or more
candidates and the addition of one vote would determine
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(a) which
candidate is to be declared elected under this
Article ; or
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(b) which
candidate is not to be eliminated under this
Article, |
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then the determination
of the candidate to whom such additional vote shall be
deemed to have been given for the purpose of such
determination shall be made by lot. |
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Delimitation Commission
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95.
(1) Within three months
of the commencement of the Constitution the President
shall for the delimitation of Electoral Districts,
establish a Delimitation Commission consisting of three
persons appointed by him who he is satisfied are not
actively engaged in politics. The President shall
appoint one of such persons to be the Chairman.
(2) If any member of the
Delimitation Commission shall die or resign or if the
President 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.
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(1) The Delimitation
Commission shall divide Sri Lanka into not less than
twenty and not more than 60[twenty-five] Electoral
Districts and shall assign names thereto.
(2) Each Province of Sri
Lanka may itself constitute an electoral district or may
be divided into two or more electoral districts.
(3) Where a Province is
divided into a number of electoral districts the
Delimitation Commission shall have regard to the
existing administrative districts so as to ensure as far
as is practicable that each electoral district shall be
an administrative district or a combination of two or
more administrative districts or two or more electoral
districts together constitute an administrative
district.
(4) The electoral
districts of each Province shall together be entitled to
return four members, (independently of the number of
members which they are entitled to return by reference
to the number of electors whose names appear in the
registers of electors of such electoral districts) and
the Delimitation Commission shall apportion such
entitlement equitably among such electoral districts.
(5) 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. Any dissentient member may state his reasons
for such dissent.
(6) The Chairman of the
Delimitation Commission shall communicate the decisions
of the Commission together with the reasons, if any,
stated by a dissentient member to the President. |
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61[96A repealed ] [5, 14 of
1988]
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Proclamation
of Names
&c. of
Electoral Districts
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97. The President shall by proclamation publish the
names and boundaries of the electoral districts and the number
of members, which each such electoral district is entitled to
return by virtue of the provisions of paragraph (4) of Article
96 in accordance with the decision of the Delimitation
Commission. The electoral districts specified in the
Proclamation shall come into operation at the next ensuing
General Election of Members of Parliament and shall thereafter
be the electoral districts 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.
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Number of members
to be
returned by
the several electoral districts and their
apportionment among such electoral districts
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98.
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(1) The several
electoral districts shall together be entitled to return
one hundred and ninety-six members.
(2) The apportionment of
the number of members that each electoral district shall
be entitled to return shall, in the case of thirty-six
members, be determined in accordance with the provisions
of paragraph (4) of Article 96.
(3) The apportionment of
the number of members that each electoral district shall
be entitled to return out of the balance number of one
hundred and sixty members shall be determined in
accordance with the succeeding provisions of this
Article.
(4) The total number of
electors whose names appear in the registers of electors
of all the electoral districts shall be divided by one
hundred and sixty. The whole number, resulting from such
division (any fraction not being taken into account) is
hereinafter referred to as the "qualifying number".
(5) The total number of
electors whose names appear in the register of electors
of each electoral district shall be divided by the
qualifying number and each electoral district shall be
entitled to return such number of members as is
equivalent to the whole number resulting from the
division of the total number of such electors in that
electoral district by the qualifying number and the
balance number of such electors, if any, after such
division shall be dealt with, if necessary, in
accordance with paragraph (6) of this Article.
(6) Where the total
number of members to be returned by all the electoral
districts ascertained by reference to the qualifying
number in accordance with paragraph (5) of this Article
is less than one hundred and sixty members, the
apportionment of the entitlement among the electoral
districts of the balance number of members shall be by
reference to the balance number of such electors and in
the case of any electoral district not entitled to
return a single member according to the determination
made under paragraph (5), the total number of electors
whose names appear in the register of electors of such
electoral district, the electoral district 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 one hundred and sixty.
(7) Where in making an
apportionment under paragraph (6) of this Article an
equality is found to exist between two or more balance
number of such electors or two or more total number of
such electors or any combination of them and the
addition of one such elector would entitle one electoral
district to return an additional member, the
determination of the electoral district to which one
such elector shall be deemed to be added shall be
determined by lot.
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62(8) [The Commissioner
of Elections, as soon as possible after the
certification of the registers of electors for all the
electoral districts, shall by Order published in the
Gazette, certify the number of members which each
electoral district is entitled to return by virtue of
the Proclamation under Article 97 and this Article.]
(9) 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.
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Proportional Representation
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[(1) At any election
of Members of Parliament, the total number of members
which an electoral district is entitled to return shall
be the number specified by the Commissioner of Elections
in the Order published in accordance with the provisions
of paragraph (8) of Article 98.
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(2) Every elector at an
election of Members of Parliament shall, in addition to
his vote, be entitled to indicate his preferences for
not more than three candidates nominated by the same
recognized political party or independent group.
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(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 the names of
such number of candidates as is equivalent to the number
of members to be elected for that electoral district,
increased by three.
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(4) Each elector whose
name appears in the register of electors shall be
entitled to only one vote notwithstanding that his name
appears in the electoral register in more than one
electoral district.
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(5) The recognized
political party or independent group which polls the
highest number of votes in any electoral district shall
be entitled to have the candidate nominated by it, who
has secured the highest number of preferences, declared
elected.
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[4, 15 of
1988]
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(6)
(a) Every
recognized political party and independent group
polling 64[less than one twentieth of the total
votes] polled at any election in any electoral
district shall be disqualified from having any
candidates of such party or group being elected
for that electoral district.
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(b) The votes
polled by the disqualified parties and
independent groups, if any, shall be deducted
from the total votes polled at the election in
that electoral district and the number of votes
resulting from such deduction is hereinafter
referred to as the "relevant numbers of votes."
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(7) The relevant number
of votes shall be divided by the number of members to be
elected for that electoral district reduced by one, 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 as the
"resulting number."
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(8) The number of votes
polled by each recognized political party and
independent group (other than those parties or groups
disqualified under paragraph (6) 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
elected from each such party or group, in accordance
with the preferences secured by each of the candidates
nominated by such party or group (the candidate securing
the highest number of preferences being declared elected
first, the candidate securing the next highest number of
preferences being declared elected next and so on) such
number of candidates (excluding the candidate declared
elected under paragraph (5) of this Article) as is
equivalent to the whole number resulting from the
division by the resulting 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 (9) of this Article.
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(9) Where after the
declaration of the election of members as provided in
paragraph (8) of this Article there are one or more
members yet to be declared elected, such member or
members shall be declared elected by reference to the
remainder of the votes referred to in paragraph (8) 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 declared
elected under paragraph (8), the candidate nominated by
the party or group having the highest of such votes, who
has secured the highest or next highest number of
preferences being declared elected a member and so on
until all the members to be elected are declared
elected.
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(10)
(a) Where the
number of votes polled by each recognized
political party or independent group is less
than the resulting number referred to in
paragraph (7) of this Article the party or group
which has polled the highest number of votes
shall be entitled to have the candidate,
nominated by that party or group (excluding the
candidate declared elected under paragraph (5)
of this Article) who has secured the highest
number of preferences declared elected and if
there are one or more members yet to be declared
elected, the party or group having the next
highest number of votes polled shall be entitled
to have the candidate nominated by that party or
group who has secured the highest number of
preferences declared elected and so on, until
all the members to be elected for that electoral
district are declared elected under the
provisions of this paragraph.
(b) After the
determination under paragraph (a) if there are
one or more members yet to be declared elected
in respect, of that electoral district the
provisions of that paragraph shall mutatis
mutandis, apply to the election of such members.
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(11) Where under
paragraph (5) or (9) or (10) of this Article 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 candidate of one
such party or group to be elected, the determination of
the party or group to which such additional vote shall
be deemed to have been given shall be made by lot.
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(12) For the purposes of
this Article the number of votes polled shall deemed to
be the number of votes counted other than rejected
votes.
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(13)
(a) Where a
Member of Parliament ceases, by 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 upon
the expiration of a period of one month from the
date of his ceasing to be such member :
Provided that in
the case of the expulsion of a Member of
Parliament his seat shall not become vacant if
prior to the expiration of the said period of
one month he applies to the Supreme Court by
petition in writing, and the Supreme Court upon
such application determines that such expulsion
was invalid. Such petition shall be inquired
into by three Judges of the Supreme Court who
shall make their determination within two months
of the filing of such petition. Where the
Supreme Court determines that the expulsion was
valid the vacancy shall occur from the date of
such determination.
(b) Where the
seat of a Member of Parliament becomes vacant as
provided in Article 66 (other than paragraph (g)
of that Article) or by virtue of the preceding
provisions of this paragraph the candidate from
the relevant recognized political party or
independent group who has secured the next
highest number of preferences shall be declared
elected to fill such vacancy.]
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Election of Members of
Parliament on the basis
of the total number of
votes polled
at a General Election
|
66[99A. After the one hundred and ninety six members
referred to in Article 98 have been declared elected at a
General Election of Members of Parliament, the Commissioner of
Elections shall forthwith apportion the balance twenty nine
seats among the recognized political parties and independent
groups contesting such General Election in the same proportion
as the proportion which the number of votes polled by each such
party or group at such General Election bears to the total
number of votes polled at such General Election and for the
purposes of such apportionment, the provisions of paragraph (4),
(5), (6) and (7) of Article 98 shall, mutatis mutandis, apply.
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Every recognized political party or
independent group contesting a General Election shall submit to
the Commissioner of Elections within the nomination period
specified for such election a list of persons qualified to be
elected as Members of Parliament, from which it may nominate
persons to fill the seats, if any, which such party or group
will be entitled to, on such apportionment. The Commissioner of
Elections shall cause every list submitted to him under this
Article to be published forthwith in the Gazette and in one
Sinhala, Tamil and English newspaper upon the expiry of the
nomination period.
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Where a recognized political party
or independent group is entitled to a seat under the
apportionment referred to above, the Commissioner of Elections
shall by a notice, require the secretary of such recognized
political party or group leader of such independent group to
nominate within one week of such notice, persons qualified to be
elected as Members of Parliament (being persons whose names are
included in the list submitted to the Commissioner of Elections
under this Article or in any nomination paper submitted in
respect of any electoral district by such party of group at that
election) to fill such seats and shall declare elected as
Members of Parliament, the persons so nominated.
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67[The Commissioner of Elections
shall before issuing the aforesaid notice determine whether the
number of members belonging to any community, ethnic or
otherwise, elected to Parliament under Article 98 is
commensurate with the national population ratio and request the
Secretary of such recognized political party or group leader of
such independent group in so nominating persons to be elected as
Members of Parliament to ensure as far as practicable, that the
representation of all communities is commensurate with its
national population ratio.
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For the purposes of this Article
the number of votes polled at a General Election shall be deemed
to be the number of votes actually counted and shall not include
any votes rejected as void.]
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Penalty for sitting and
voting in Parliament
when disqualified
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100. Any person who -
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(a) having been elected
a Member of Parliament but not having been at the time
of such election qualified to be so elected, shall sit
or vote in Parliament ; or
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(b) shall sit or vote in
Parliament after his seat therein has become vacant or
he has become disqualified from sitting or voting
therein; |
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knowing or having reasonable
grounds for knowing that he was so disqualified or that his seat
has become vacant, as the case may be, shall be liable to a
penalty of Five Hundred Rupees for every day upon which he so
sits or votes to be recovered as a debt due to the Republic by
an action instituted by the Attorney-General in the District
Court of Colombo.
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Parliament
may make
provision in respect of elections
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101.
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(1) Parliament may by
law make provision for-
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(a) the
registration of electors ;
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(b) the
prescribing of a qualifying date on which a
person should be resident in any Electoral
District to be entered in the register of
electors of that Electoral District ;
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(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 ;
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(d) the
preparation and revision of registers of
electors ;
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(e) the
procedure for the election of Members of
Parliament;
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(f) the creation
of offences relating to such elections and the
punishment therefor ;
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(g) the ground
for avoiding such elections, and where an
election has been held void the manner of
holding fresh elections ;
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(h) the form and
manner in which vacancies shall be filled when
all the candidates whose names appearing in the
nomination paper of a recognized political party
or independent group have been exhausted 68[by
election or otherwise or where a recognized
political party or independent group has been
proscribed under Article 157A ;] and
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(i) the manner
of determination of disputed elections and such
other matters as are necessary or incidental to
the election of Members of Parliament :
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Provided that no
such law shall add to the disqualifications
specified in Articles 89 and 91. |
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(2) Until Parliament by
law makes provision for such matters the Ceylon
(Parliamentary Elections) Order in Council, 1946 as
amended from time to time, shall subject to the
provisions of the Constitution, mutatis mutandis, apply.
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Public officer
or an officer
of a public corporation
not to
function
during
period of
election
|
102. When a public officer or an officer of a public
corporation is a candidate at any election, he shall be deemed
to be on leave from the date on which he stands nominated as a
candidate until the conclusion of the election. Such a public
officer or an officer of a public corporation shall not during
such period exercise, perform or discharge any of the powers,
duties or functions of his office. |
| 70[CHAPTER XIV A
[9, 17 of 2001] |
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71[(1) There shall be an
Election Commission (in this Chapter referred to as the
"Commission") consisting of three members appointed by
the President on the recommendation of the
Constitutional Council, from amongst persons who have
distinguished themselves in any profession or in the
fields of administration or education. One of the
members so appointed shall be a retired officer of the
Department of Elections, who has held office as a Deputy
Commissioner of Elections or above. The President shall
on the recommendation of the Constitutional Council,
appoint one member as its Chairman. ]
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(2) The object of the
Commission shall be to conduct free and fair elections
and Referenda.
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(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, or is or appointed a judicial officer or
public officer, or is or enters into the employment of
the State in any capacity whatsoever.
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(4) The provisions of
the Constitution and any 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 a member of the Commission from office.
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(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.
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(6) A member of the
Commission shall hold office for a period of five years
from the date of appointment, unless he becomes subject
to any disqualification under paragraph (3) of this
Article or earlier resigns from office by writing
addressed to the President or is removed from office
under paragraph (4) of this Article, or is convicted by
a court of law of any offence involving moral turpitude,
or if a resolution for the imposition of civic
disability upon him has been passed in terms of Article
81 or is deemed to have vacated office under paragraph
(5) of this Article.
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72[(7) 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 may appoint a person qualified
to be a member of the Commission to be a temporary
member for the period of such leave. Every such
appointment shall be made on the recommendation of the
Constitutional Council.]
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(8) 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 the member.
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(9) All 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. |
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Meetings
of the Commission
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104.
(1) The quorum for any
meetings of the Commission shall be three members.
(2)
(a) The Chairman
of the Commission shall preside at all meetings
of the Commission and in the absence of the
Chairman from any meeting of the Commission, a
member elected by the members present from
amongst themselves shall preside at such
meeting.
(b) Decisions of
the Commission shall be by a majority of the
members present and voting at the meeting at
which the decision is taken, and in the event of
an equality of votes, the Chairman or the member
presiding at the meeting shall have a casting
vote.
(3) The Commission shall
have power to act notwithstanding any vacancy in the
membership of the Commission, and no act or proceeding
or decision of the Commission shall be invalid or be
deemed to be invalid by reason only of such vacancy or
any defect in the appointment of a member.
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Finality of decisions
and
immunity
from suit
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104A. Subject to the jurisdiction conferred on the
Supreme Court under paragraph (1) of Article 126, Article 104H
and Article 130 and on the Court of Appeal by Article 144 and
the jurisdiction conferred on any court by any law to hear and
determine election petitions or Referendum petitions -
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(a) no court shall have
the power or jurisdiction to entertain or hear or decide
or call in question on any ground and in any manner
whatsoever, any decision, direction or act of the
Commission, made or done or purported to have been made
or done under the Constitution or under any law relating
to the holding of an election or the conduct of a
Referendum as the case may be, which decisions,
directions or acts shall be final and conclusive ; and
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(b) no suit or
prosecution or other proceeding shall lieagainst any
member or officer of the Commission for any act or thing
which in good faith is done or purported to be done by
him in the performance of his duties or the discharge of
his functions under the Constitution or under any law
relating to the holding of an election or the conduct of
a Referendum as the case may be. |
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Powers, functions
and duties
of the Commission
|
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104B.
|
(1) The Commission shall
exercise, perform and discharge all such powers, duties
and functions conferred or imposed on or assigned to-
| |
(b) the
Commissioner-General of Elections, |
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| |
by the Constitution, and
by the law for the time being relating to the election
of the President, the election of Members of Parliament,
the election of members of Provincial Councils, the
election of members of Local Authorities and the conduct
of Referenda, including but not limited to all the
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.
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(2) It shall be the duty
of the Commission to secure the enforcement of all laws
relating to the holding of any such election or the
conduct of Referenda and it shall be the duty of all
authorities of the State charged with the enforcement of
such laws, to co-operate with the Commission to secure
such enforcement.
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(3) The Commission shall
be responsible and answerable to Parliament in
accordance with the provisions of the Standing Orders of
Parliament for the exercise, performance and discharge
of its powers, duties and functions and shall forward to
Parliament for each calendar year a report of its
activities for such year.
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73[ (4)
|
(a) The
Commission shall have the power during the
period of an election, to prohibit the use of
any movable or immovable property belonging to
the State or any public corporation -
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(i) for
the purpose of promoting or preventing
the election or any candidate of any
political party or independent group
contesting at such election;
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(ii) by
any candidate or any political party or
any independent group contesting at such
election, |
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by a direction
in writing by the Chairman of the Commission or
of the Commissioner General of Elections on the
instructions of the Commission.
(b) It shall be
the duty of every person or officer in whose
custody or under whose control such property is
for the time being, to comply with, and give
effect to, such direction. |
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(5)
|
(a) The
Commission shall have the power to issue from
time to time, in respect of the holding of any
election or the conduct of a Referendum, such
guidelines as the Commission may consider
appropriate, to any broadcasting or telecasting
operator or any proprietor or publisher of a
newspaper, as the case may be, as the Commission
may consider necessary to ensure a free and fair
election.
(b) It shall be
the duty of the Chairman of the Sri Lanka
Broadcasting Corporation, the Chairman of the
Sri Lanka Rupavahini Corporation and the
Chairman of the Independent Television Network
and the Chief Executive Officer of every other
broadcasting or telecasting enterprise owned or
controlled by the State to take all necessary
steps to ensure compliance with such guidelines
as are issued to them under sub-paragraph (a).
(c)
(i) The
Commission shall cause the directions
and guidelines referred to in paragraphs
4(a) and paragraph 5(a) to be published
in at least one newspaper widely
circulated, in the Sinhala, Tamil and
English languages.
(ii)
Every direction and guideline 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 direction and
guideline.(iii)
Every such direction and guideline
shall, within three months from the date
of publication in the Gazette, be
brought before Parliament for approval.
Any direction or guideline 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.]
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Deployment
of Police
by the
Commission
|
104C.
(1) Upon the making of
an Order for the holding of an election or the making of
a Proclamation requiring the conduct of a Referendum, as
the case may be, the Commission shall notify the
Inspector-General of Police of the facilities and the
number of police officers required by the Commission for
the holding or conduct of such election or Referendum,
as the case may be.
(2) The
Inspector-General of Police shall make available to the
Commission the facilities and police officers specified
in any notification made under paragraph (1) of this
Article.
(3) The Commission may
deploy the police officers and facilities made available
to the Commission in such manner as is calculated to
promote the conduct of a free and fair election or
referendum, as the case may be.
(4) Every police officer
made available to the Commission under paragraph (2) of
this Article, shall be responsible to and act under the
direction and control of the Commission during the
period of an election.
(5) No suit, prosecution
or other proceeding, shall lie against any police
officer made available to the Commission under this
Article for any lawful act or thing in good faith done
by such police officer, in pursuance of a direction of
the Commission or his functioning under the Commission.
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Deployment
of Armed Forces
|
104D. It shall be lawful for the Commission, upon the
making of an Order for the holding of an election or the making
of a Proclamation requiring the conduct of a Referendum, as the
case may be, to make recommendations to the President regarding
the deployment of the armed forces of the Republic for the
prevention or control of any actions or incidents which may be
prejudicial to the holding or conducting of a free and fair
election or Referendum, as the case may be.
|
Commissioner-General of
Elections and other
officers of the Commission
|
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74[(1) There shall be a
Commissioner General of Elections who shall, subject to
the approval of the Constitutional Council, be appointed
by the Commission on such terms and conditions as may be
determined by the Commission.]
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| |
(2) The
Commissioner-General of Elections shall be entitled to
be present at meetings of the Commission, except where
any matter relating to him is being considered by the
Commission. He shall have no right to vote at such
meetings.
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(3) The Commission may
appoint such other officers to the Commission on such
terms and conditions as may be determined by the
Commission.
|
| |
(4) The salaries of the
Commissioner-General of Elections and the other officers
of the Commission, shall be determined by the Commission
and shall be charged on the Consolidated Fund.
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| |
(5) The
Commissioner-General of Elections shall, subject to the
direction and control of the Commission, implement the
decisions of the Commission and exercise supervision
over the officers of the Commission.
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| |
(6) The 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 and
discharge such power, duty or function, subject to the
direction and control of the Commission.
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(7) The office of the
Commissioner-General of Elections shall become vacant -
| |
(b) on his
resignation in writing addressed to the
Commission;
(c) on his
attaining the age of Sixty Five years;
(d) on his
removal by the Commission on account of ill
health or physical or mental infirmity ; or
(e) on his
removal by the Commission on the presentation of
an address of Parliament in compliance with the
provisions of paragraph (8), for such removal on
the ground of proved misbehaviour or incapacity.
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(8)
|
(a) The address
referred to in sub-paragraph (e) of paragraph
(7) of this Article shall be required to be
supported by a majority of the total number of
Members of Parliament (including those not
present) and no resolution for the presentation
of such an address shall be entertained by the
Speaker or placed on the Order Paper of
Parliament, unless notice of such resolution is
signed by not less than one-third of the total
number of Members of Parliament and sets out
full particulars of the alleged misbehaviour or
incapacity.
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(b) Parliament
shall by law or by Standing Orders, provide for
all matters relating to the presentation of such
an address, including the procedure for the
passing of such resolution, the investigation
and proof of the alleged misbehaviour or
incapacity and the right of the
Commissioner-General of Elections to appear and
to be heard in person or by representatives.
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Returning Officers
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104F.
(1) The Commission shall
from time to time by notice published in the Gazette
appoint by name or by office a person to be a Returning
Officer to each electoral district, and may appoint by
name or by office one or more persons to assist the
Returning Officer in the performance of his duties.
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(2) Every Officer
appointed under paragraph (1) shall in the performance
and discharge of such duties and functions as are
assigned to him, be subject to such directions as may be
issued by the Commission and shall be responsible and
answerable to the Commission therefor.
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Public
Officers
|
104G. All public officers performing duties and
functions at any election or Referenda shall act in the
performance and discharge of such duties and functions under the
directions of the Commission and shall be responsible and
answerable to the Commission therefor.
|
Failure to comply
with
directions
to be
an offence
|
|
75[104GG.
|
(1) Any public officer,
any employee of any public corporation, business or
other undertaking vested in the Government under any
other written law and any company registered or deemed
to be registered under the Companies Act, No. 7 of 2007,
in which the Government or any public corporation or
local authority holds fifty per centum or more of the
shares of that company, who -
| |
(a) refuses or
fails without a reasonable cause to co-operate
with the Commission, to secure the enforcement
of any law relating to the holding of an
election or the conduct of a Referendum; or
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| |
(b) fails
without a reasonable cause to comply with any
directions or guidelines issued by the
Commission under sub-paragraph (a) of paragraph
(4) or subparagraph (a) of paragraph (5),
respectively, of Article 104B, |
|
| |
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 three years or to both such
fine and imprisonment.
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| |
(2) Every High Court
established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter
referred to in paragraph (1).] |
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|
Powers of Supreme
Court to
issue writs
|
104H.
(1) The jurisdiction
conferred on the Court of Appeal under Article 140 of
the Constitution shall, in relation to any matter that
may arise in the exercise by the Commission of the
powers conferred on it by the Constitution or by any
other law, be exercised by the Supreme Court.
(2) Every application
invoking the jurisdiction referred to in paragraph (1),
shall be made within one month of the date of the
commission of the act to which the application relates.
The Supreme Court shall hear and finally dispose of the
application within two months of the filing of the same.
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Interpretation
|
104J. In this Chapter "during the period of an
election" shall mean the period commencing on the making of a
Proclamation or Order for the conduct of a Referendum or for the
holding of an election, as the case may be, and ending on the
date on which the result of poll taken at such Referendum or
election, as the case may be, is declared.] |
|
Establishment
of
Courts &c.
|
|
105.
|
(1) Subject to the
provisions of the Constitution, the institutions for the
administration of justice which protect, vindicate and
enforce the rights of the People shall be-
| |
(a) the Supreme
Court of the Republic of Sri Lanka,
|
| |
(b) the Court of
Appeal of the Republic of Sri Lanka,
|
| |
(c) the High
Court of the Republic of Sri Lanka 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
existing written law for the administration of justice
and for the adjudication and settlement of industrial
and other disputes, other than the Supreme Court, shall
be deemed to be courts, tribunals and institutions
created and established by Parliament. Parliament may
replace or abolish, or amend the powers, duties,
jurisdiction and procedure of, such courts, tribunals
and institutions.
(3) 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)(c) 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.
(4) Parliament may by
law provide for the creation and establishment of
courts, tribunals or institutions for the adjudication
and settlement of matters relating to the discipline of
bhikkus or any dispute between bhikkus or any other
dispute relating to the performance of services, in, or
in relation to, temples. Such law may, notwithstanding
anything to the contrary in this Chapter or Chapter XVI,
make provision -
(a) for the
appointment, transfer, dismissal and
disciplinary control of the member or members of
such courts, tribunals or institutions by the
President or by such other person or body of
persons as may be provided for in such law;(b) for the
exclusion of the jurisdiction of any other
institution referred to in paragraph (1) of this
Article in relation to such matters and
disputes.
In this paragraph the
expressions "bhikku" and "temple" shall have the same
meanings as in the Buddhist Temporalities Ordinance, as
at the commencement of the Constitution.
|
|
|
Public
sittings
|
|
106.
|
(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. |
|
Independence of the
Judiciary
|
Appointment and removal
of
Judges
of the
Supreme
Court and
Court of
Appeal
|
|
|
76[(1) The Chief
Justice, the President of the Court of Appeal and every
other judge of the Supreme Court and of the Court of
Appeal shall, subject to the approval of the
Constitutional Council, be appointed by the President by
warrant under his hand. ]
|
| |
(2) Every such Judge
shall hold office during good behaviour and shall not be
removed except by an order of the President made after
an address of Parliament supported by a majority of the
total number of Members of Parliament (including those
not present) has been presented to the President for
such removal on the ground of proved misbehaviour or
incapacity :
|
| |
Provided that no
resolution for the presentation of such an address shall
be entertained by the Speaker or placed on the Order
Paper of Parliament, unless notice of such resolution is
signed by not less than one-third of the total number of
Members of Parliament and sets out full particulars of
the alleged misbehaviour or incapacity.
|
| |
(3) Parliament shall by
law or by Standing Orders provide for all matters
relating to the presentation of such an address,
including the procedure for the passing of such
resolution, the investigation and proof of the alleged
misbehaviour or incapacity and the right of such Judge
to appear and to be heard in person or by
representative.
|
| |
(4) Every person
appointed to be or to act as Chief Justice, President of
the Court of Appeal or a Judge of the Supreme 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 Fourth Schedule.
|
| |
(5) The age of
retirement of Judges of the Supreme Court shall be
Sixty-five years and of Judges of the Court of Appeal
shall be Sixty-three years. |
|
|
Salaries
of the
Judges
of
the
Supreme Court and Court
of Appeal
|
108.
(1) The salaries of the
Judges of the 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
Supreme Court and a Judge of the Court of Appeal shall
not be reduced after his appointment.
|
|
|
77[109.
(1) If 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, subject to the approval of the
Constitutional Council, appoint another Judge of the
Supreme Court, or of the Court of Appeal, as the case
may be, to act in the office of Chief Justice, or
President of the Court of Appeal, during such period.
(2) If any Judge of the
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, subject to the approval of the
Constitutional Council, appoint another Judge to act as
a Judge of the Supreme Court or Court of Appeal, during
such period. ]
|
|
Performance
or discharge
of
other
duties or functions by Judges
|
110.
(1) A Judge of the
Supreme Court or Court of Appeal may be required by the
President of the Republic to perform or discharge any
other appropriate duties or functions under any written
law.
(2) No Judge of the
Supreme Court or Court of Appeal shall perform any other
office (whether paid or not) or accept any place of
profit or emolument, except as authorized by the
Constitution or by written law or with the written
consent of the President.
(3) 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 without the written consent
of the President.
|
Appointment, removal
and
disciplinary control of Judges
of the High Court.
|
|
|
78[(1) There shall be a
High Court of Sri Lanka, which shall exercise such
jurisdiction and powers as Parliament may by law vest or
ordain.]
|
|
|
79[(2) The Judges of the
High Court shall
| |
(a) on the
recommendation of the Judicial Service
Commission, be appointed by the President by
warrant under his hand and such recommendation
shall be made after consultation with the
Attorney-General;
|
| |
(b) be removable
and be subject to the disciplinary control of
the president on the recommendation of the
Judicial Service Commission.] ; |
|
| |
(3) Subject to the
provisions of paragraph (2) of this Article, Parliament
may by law provide for matters relating to the
retirement of the Judge of such High Court.
|
|
|
80[(4) Any Judge of the
High Court may resign his office by writing under his
hand addressed to the President.] |
|
Commissioners of the High
Court
|
81[111A.
(1) Where the Minister
in charge of the subject of Justice represents to the
President that it is expedient that the number of the
Judges exercising the jurisdiction and powers of the
High Court in any judicial zone should be temporarily
increased 82[the President may, on the recommendation of
the Judicial Service Commission, by warrant, appoint],
one or more Commissioners of the High Court to exercise
the jurisdiction and powers of the High Court within
such judicial zone as is specified in the warrant of
appointment of such Commissioner of the High Court.
(2) Every Commissioner
of the High Court appointed under paragraph (1) shall
hold office for the period specified in his warrant of
appointment and shall be removable, and be subject to
disciplinary control, by the President, on the
recommendation of the Judicial Service Commission.
(3) Every Commissioner
of the High Court appointed under paragraph (1) may,
during his tenure of office, exercise, according to law,
such jurisdiction and powers as is, or are, vested or
ordained in the High Court by Parliament and shall be
invested with all the rights, powers privileges and
immunities (except such rights and privileges as relate
to tenure of office) of a Judge of the High Court, and
for this purpose, a reference to a "Judge of the High
Court" in the Constitution or other written law shall,
unless the context otherwise requires, be deemed to
include a reference to a "Commissioner of the High
Court".]
|
Fiscal
for the
whole
Island
|
83[111B. There shall be a Fiscal, who shall be the
Fiscal for the whole Island and who shall exercise supervision
and control over Deputy Fiscals attached to all Courts of First
Instance.] |
Interference with
judiciary
an offence
|
84[111C.
(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 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 the
President of the Republic 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.
|
| |
| 85[CHAPTER XV A
[16, 17 of 2001] |
JUDICIAL
SERVICE COMMISSION
|
Constitution
of the
Judicial
Service Commission
|
86[111D.
(1) There shall be a
Judicial Service Commission (in this Chapter referred to
as the "Commission") consisting of the Chief Justice and
the two most senior Judges of the Supreme Court
appointed by the President, subject to the approval of
the Constitutional Council.
(2) Where the Chief
Justice and the two most senior Judges of the Supreme
Court are Judges who have not had any judicial
experience serving as a Judge of a Court of First
Instance, the Commission shall consist of the Chief
Justice, the senior most Judge of the Supreme Court and
the next most senior Judge of such Court, who has had
experience as a Judge of a Court of First Instance.
(3) The Chief Justice
shall be the Chairman of the Commission. ]
|
|
|
111E.
(1) The quorum for any
meeting of the Commission shall be two members of the
Commission.
(2) A Judge of the
Supreme Court appointed as a member of the Commission
shall, unless he earlier resigns his office or is
removed there from as hereinafter provided or ceases to
be a Judge of the Supreme Court, hold office for a
period of three years from the date of his appointment,
but shall be eligible for re-appointment.
(3) All decisions of the
Commission shall be made by a majority of the members
present, and in the event of an equality of votes, the
Chairman of the meeting shall have a casting vote.
(4) The Commission shall
have power to act notwithstanding any vacancy in its
membership and no act or proceeding 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.
87[(5) The President
may grant to any member of the Commission leave from
duties and may appoint subject to the approval of the
Constitutional Council, a person qualified to be a
member of the Commission to be a temporary member for
the period of such leave.
(6) The President may,
with the approval of the Constitutional Council, and for
cause assigned, remove from office any member of the
Commission. ]
|
|
Allowances
of members
of the
Commission
|
111F. A member of the Commission shall be paid such
allowances as may be determined by Parliament. Such allowances
shall be charged on the Consolidated Fund and shall not be
reduced during the period of office of a member and shall be in
addition to the salary and other allowances attached to and
received from, the substantive appointment :
|
| |
Provided that until the amount to
be paid as allowances is determined under the provisions of this
Article, the members of the Commission shall continue to receive
as allowances, such amount as they were receiving on the day
immediately preceding the date on which this Chapter comes into
operation.
|
|
Secretary
to the Commission
|
111G. There shall be a Secretary to the Commission
who shall be appointed by the Commission from among senior
judicial officers of the Courts of First Instance. |
|
Powers
of the Commission
|
|
111H.
|
(1) The Judicial Service
Commission is hereby vested with the Power to -
| |
(a) transfer
judges of the High Court ;
|
| |
(b) appoint,
promote, transfer, exercise disciplinary control
and dismiss judicial officers and scheduled
pubilc officers. |
|
| |
(2) The Commission may
make-
| |
(a) rules
regarding training of Judges of the High Court,
the schemes for recruitment and training,
appointment, promotion and transfer of judicial
officers and scheduled public officers ;
|
| |
(b) provision
for such matters as are necessary or expedient
for the exercise, performance and discharge of
the powers, duties and functions of the
Commission. |
|
| |
(3) The Chairman of the
Commission or any Judge of the Supreme Court or Judge of
the Court of Appeal as the case may be, authorized by
the Commission shall have power and authority to inspect
any Court of First Instance, or the records, registers
and other documents maintained in such Court, or hold
such inquiry as may be necessary.
|
| |
(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 subject to such
limitations as may be specified in the Order.
|
|
|
Judicial
officers
and
scheduled
public
officers may resign
|
111J. Any judicial officer or scheduled public
officer may resign his office by writing under his hand
addressed to the Chairman of the Commission. |
|
Immunity
from legal
proceedings
|
111K. No suit or proceeding shall lie against the
Chairman, Member or Secretary or Officer of the Commission for
any lawful act which in good faith is done in the performance of
his duties or functions as such Chairman, Member, Secretary or
Officer of the Commission.
|
|
Interference with the
Commission
an offence
|
111L.
(1) Every person who
otherwise than in the course of such persons lawful
duty, directly or indirectly, alone or by or with any
other person, in any manner whatsoever, influences or
attempts to influence any decision or order made by the
Commission or to so influence any member thereof, 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 three
years or to both such fine and imprisonment :
Provided however that
the giving of a certificate or testimonial to any
applicant or candidate for any judicial office or
scheduled public office shall not be an offence.
(2) Every High Court
established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter
referred to in paragraph (1).
|
|
Interpretation
|
111M.
(a) In this Chapter-
|
| |
"Appointment" includes the
appointment to act in any office referred to in this Chapter.
|
| |
"Judicial officer" means any person
who holds office as judge, presiding officer or member of any
Court of First Instance, tribunal or institution created and
established for the administration of Justice or for the
adjudication of any labour or other dispute, but does not
include a Judge of the Supreme Court or of the Court of Appeal
or of the High Court or a person who performs arbitral functions
or a public officer whose principal duty is not the performance
of functions of a judicial nature; and
|
| |
"Scheduled public officer" means
the Registrar of the Supreme Court, the Registrar of the Court
of Appeal, the Registrar, Deputy Registrar or Assistant
Registrar of the High Court or any Court of First Instance, the
Fiscal, the Deputy Fiscal of the Court of Appeal or High Court
and any Court of First Instance, any public officer employed in
the Registry of the Supreme Court, Court of Appeal or High Court
or any Court of First Instance included in a category specified
in the Fifth Schedule 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.
|
(b) No court, tribunal
or institution shall have jurisdiction to entertain or
to determine the question whether or not a person is a
judicial officer within the meaning of the Constitution,
but such question shall be determined solely by the
Commission, whose decision thereon shall be final and
conclusive.
|
|
(c) No act of such
person or proceeding held before such person, prior to
such determination as is referred to in subparagraph
(b), shall be deemed to be invalid by reason of such
determination.]
|
|
| |
88 [112. Repealed [16, 17 of 2001]
|
| |
113. Repealed [16, 17 of 2001]
|
| |
113 A. Repealed [16, 17 of 2001]
|
| |
114. Repealed [16, 17 of 2001]
|
| |
115. Repealed ] [16, 17 of 2001]
|
| |
89 [116. Renumbered as Article 111C
] [15, 17 of 2001]
|
| |
88 [117. Repealed ] [16, 17 of
2001] |
|
General jurisdiction
of
Supreme Court
|
118. The Supreme Court of the Republic of Sri Lanka
shall be the highest and final superior Court of record in the
Republic and shall subject to the provisions of the Constitution
exercise-
| |
(a) jurisdiction in
respect of constitutional matters ;
|
| |
(b) jurisdiction for the
protection of fundamental rights ;
|
| |
(c) final appellate
jurisdiction ;
|
| |
(d) consultative
jurisdiction ;
|
| |
(e) jurisdiction in
election petitions ;
|
| |
(f) jurisdiction in
respect of any breach of the privileges of Parliament ;
and
|
| |
(g) jurisdiction in
respect of such other matters which Parliament may by
law vest or ordain. |
|
|
Constitution
of Supreme
Court
|
119.
(1) The Supreme
Court shall consist of the Chief Justice and of not less
than six and not more than ten other Judges who shall be
appointed as provided in Article 107.
(2) 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.
|
|
Constitutional Jurisdiction
of the
Supreme
Court
|
120. The Supreme Court shall have sole and exclusive
jurisdiction to determine any question as to whether any Bill or
any provision thereof is inconsistent with the Constitution:
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 Supreme Court may determine is
whether such Bill requires approval by the People at a
Referendum by virtue of the provisions of Article 83;
|
| |
(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, intended to be passed
with the special majority required by Article 83 and
submitted to the People by Referendum, the Supreme Court
shall have and exercise no jurisdiction in respect of
such Bill;
|
| |
(c) where the Cabinet of
Ministers certifies that a Bill which is not 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, is intended to be
passed with the special majority required by Article 84,
the only question which the Supreme Court may determine
is whether such Bill requires approval by the People at
a Referendum by virtue of the provisions of Article 83
or whether such Bill is required to comply with
paragraphs (1) and (2) of Article 82 ; or
|
| |
(d) where the Cabinet of
Ministers certifies that any provision of any Bill which
is not 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 is
intended to be passed with the special majority required
by Article 84, the only question which the Supreme Court
may determine is whether any other provision of such
Bill requires to be passed with the special majority
required by Article 84 or whether any provision of such
Bill requires the approval by the People at a Referendum
by virtue of the provisions of Article 83 or whether
such Bill is required to comply with the provisions of
paragraphs (1); and (2) of Article 82. |
|
|
Ordinary exercise of
constitutional jurisdiction
in respect of Bills
|
121.
(1) The jurisdiction of
the Supreme Court to ordinarily determine any such
question as aforesaid may be invoked by the President by
a written reference addressed to the Chief Justice, or
by any citizen by a petition in writing addressed to the
Supreme Court. Such reference shall be made, or such
petition shall be filed, within one week of the Bill
being placed on the Order Paper of the Parliament and a
copy thereof shall at the same time be delivered to the
Speaker. In this paragraph "citizen" includes a body,
whether incorporated or unincorporated, if not less than
three-fourths of the members of such body are citizens.
(2) Where the
jurisdiction of the Supreme Court has been so invoked no
proceedings shall be had in Parliament in relation to
such Bill until the determination of the Supreme Court
has been made, or the expiration of a period of three
weeks from the date of such reference or petition,
whichever occurs first.
(3) The Supreme Court
shall make and communicate its determination to the
President and to the Speaker within three weeks of the
making of the reference or the filing of the petition,
as the case may be.
|
Determination
of Supreme
Court
in respect of Bills
|
|
123.
|
(1) The determination of
the Supreme Court shall be accompanied by the reasons
therefor and shall state whether the Bill or any
provision thereof is inconsistent with the Constitution
and if so, which provision or provisions of the
Constitution.
|
| |
(2) Where the Supreme
Court determines that the Bill or any provision thereof
is inconsistent with the Constitution, it shall also
state -
| |
(a) whether such
Bill is required to comply with the provisions
of paragraphs (1) and (2) of Article 82 ; or
|
| |
(b) whether such
Bill or any provision thereof may only be passed
by the special majority required under the
provisions of paragraph (2) of Article 84 ; or
|
| |
(c) whether such
Bill or any provision thereof requires to be
passed by the special majority required under
the provisions of paragraph (2) of Article 84
and approved by the People at a Referendum by
virtue of the provisions of Article 83, and may
specify the nature of the amendments which would
make the Bill or such provision cease to be
inconsistent. |
|
| |
(4) Where any Bill, or
the provision of any Bill, has been determined or is
deemed to have been determined, to be inconsistent with
the Constitution, such Bill or such provision shall not
be passed except in the manner stated in the
determination of the Supreme Court :
|
| |
Provided that it shall
be lawful for such Bill to be passed after such
amendment as would make the Bill cease to be
inconsistent with the Constitution. |
|
Validity of
Bills and
legislative process
not to be questioned
|
124. Save as otherwise
92[provided in Articles 120
and 121], no court or tribunal created and established for the
administration of justice or other institution, person or body
of persons shall in relation to any Bill, have power or
jurisdiction to inquire into, or pronounce upon, the
constitutionality of such Bill or its due compliance with the
legislative process, on any ground whatsoever. |
|
Constitutional jurisdiction
in the interpretation
of the Constitution
|
125.
(1) The Supreme Court
shall have sole and exclusive jurisdiction to hear and
determine any question relating to the interpretation of
the Constitution and accordingly, whenever any such
question arises in the course of any proceedings 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 Supreme Court for determination. The
Supreme Court may direct that further proceedings be
stayed pending the determination of such question.
(2) The Supreme 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.
|
|
Fundamental rights
jurisdiction
and its
exercise
|
126.
(1) The Supreme Court
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
Supreme Court 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 Supreme Court, which leave may be granted or
refused, as the case may be, by not less than two
judges.
(3) Where in the course
of hearing in the Court of Appeal into an application
for orders in the nature of a writ of habeas corpus,
certiorari, prohibition, procedendo, mandamus or quo
warranto, it appears to such Court that there is prima
facie evidence of an infringement or imminent
infringement of the provisions of Chapter III or Chapter
IV by a party to such application, such Court shall
forthwith refer such matter for determination by the
Supreme Court.
(4) The Supreme Court
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 or reference
referred to in paragraphs (2) and (3) of this Article or
refer the matter back to the Court of Appeal if in its
opinion there is no infringement of a fundamental right
or language right.
(5) The Supreme Court
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.
|
|
Appellate jurisdiction
|
127.
(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 and the judgements 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, judgement, 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,
judgement, 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.
|
|
Right of
appeal
|
128.
(1) An appeal shall lie
to the Supreme Court from any final order, judgement,
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,
judgement, 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 satisfied that the
question to be decided is of public or general
importance.
(3) Any appeal from an
order or judgement of the Court of Appeal, made or given
in the exercise of its jurisdiction under Article 139,
140, 141, 142 or 143 to which the President, a Minister,
a Deputy Minister or a public officer in his official
capacity is a party, shall be heard and determined
within two months of the date of filing thereof.
(4) 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.
|
|
Consultative jurisdiction
|
129.
(1) If at any time it
appears to the President of the Republic that a question
of law or fact has arisen or is likely to arise which is
of such nature and of such public importance that it is
expedient to obtain the opinion of the Supreme Court
upon it, he may refer that question to that Court for
consideration and the Court may, after such hearing as
it thinks fit, within the period specified in such
reference or within such time as may be extended by the
President, report to the President its opinion thereon.
(2) Where the Speaker
refers to the Supreme Court for inquiry and report all
or any of the allegation or allegations, as the case may
be, contained in any such resolution as is referred to
in Article 38(2)(a), the Supreme Court shall in
accordance with Article 38(2)(d) inquire into such
allegation or allegations and shall report its
determination to the Speaker within two months of the
date of reference.
(3) Such opinion,
determination and report shall be expressed after
consideration by at least five Judges of the Supreme
Court, of whom, unless he otherwise directs, the Chief
Justice shall be one.
(4) Every proceeding
under paragraph (1) of this Article shall be held in
private unless the Court for special reasons otherwise
directs.
|
|
|
130. 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 94[election of the President or the validity
of a referendum];
|
| |
(b) any appeal from an
order or judgement of the Court of Appeal in an election
petition case :
|
|
|
Provided that the
hearing and determination of a proceeding relating to
the 95[election of the President or 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. |
|
|
Jurisdiction
in respect
of
the breaches of Parliamentary privileges
|
131. 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. |
|
Sittings
of the
Supreme
Court
|
|
132.
|
(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 judgement of the
Supreme Court shall, when it is not an unanimous
decision, be the decision of the majority. |
|
|
Appointment
of ad hoc Judges
|
133.
(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 President 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.
|
|
Right to be heard by
the
Supreme Court
|
134.
(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 120, 96[121, 125], 126,
129(1) and 131.
(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.
|
|
Registry of
the Supreme
Court
and office of Registrar
|
135. 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. |
Rules of the Supreme
Court
|
|
136.
|
(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
;
|
| |
(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
petitionor otherwise, which appears to the Court
to be frivolousand vexatious or brought for the
purpose of delay ;
|
| |
(f) the
preparation of copies of records for the purpose
of appeal or other proceedings in the Supreme
Court and Court of Appeal ;
|
|
|
(g) the
admission, enrolment, suspension and removal of
attorneys-at-law 97[ .... ] 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 snot 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 Chief Justice
and any three Judges of the Supreme 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. |
|
|
The Court
of Appeal
|
137. The Court of Appeal shall consist of the
President of the Court of Appeal and not less than six and not
more than eleven other Judges who shall be appointed as provided
in Article 107.
|
Jurisdiction
of Court of
Appeal
|
138.
(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 98[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 99[of
which such High Court, Court of First Instance] tribunal
or other institution may have taken cognizance :
Provided that no
judgement, decree or order of any court shall be
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.
|
|
Powers in appeal
|
139.
(1) The Court of Appeal
may in the exercise of its jurisdiction, affirm,
reverse, correct or modify any order, judgement, decree
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.
|
Power to
issue writs, other
than
writs of
habeas
corpus
|
140. Subject to the provisions of the Constitution,
the Court of Appeal shall have full power and authority to
inspect and examine the records 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 :
100[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].
|
|
Power to
issue writs
of
habeas corpus
|
141. 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 and
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.
|
|
Power to
bring up
and remove
prisoners
|
142. The Court of Appeal may direct -
| |
(i) that a prisoner
detained in any prison be brought before a court-martial
or 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. |
|
|
Power to
grant
injunction
|
143. 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.
|
|
Parliamentary election
petitions
|
144. 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. |
|
Inspection
of records
|
145. 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.
|
Sittings of
the Court
of
Appeal
|
|
146.
|
(1) The Court of Appeal
shall ordinarily exercise its jurisdiction at Colombo :
|
| |
Provided however that
the Chief Justice may from time to time when he deems it
so expedient direct that the Court of Appeal shall hold
its sittings and exercise its jurisdiction in any
judicial zone or district, specified in the direction.
|
|
|
101[(2) The jurisdiction
of the Court of Appeal may be exercised in different
matters at the same time by the several judges of the
Court sitting apart :
|
| |
Provided that -
| |
(i) its
jurisdiction in respect of -
| |
(a)
judgements and orders of the High Court
pronounced at a trial at Bar, shall be
exercised by at least three Judges of
the Court ; and
|
| |
(b)
other judgement and orders of the High
Court, shall be exercised by at least
two Judges of the Court ; |
|
| |
(ii) its
jurisdiction in respect of its powers under
Article 144 shall be exercised by the President
of the Court of Appeal or any judge of that
Court nominated by the President or one or more
of such Judges nominated by the President of
whom such President may be one;
(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.]
|
|
| |
(3) 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.
|
| |
(4) The judgment of the
Court of Appeal, shall when it is not an unanimous
decision, be the decision of the majority. |
|
|
Registry of
the Court of
Appeal and office of Registrar
|
147. 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.
|
|
|
|
1 - Substituted by Seventh Amendment to the Constitution Sec.
2(a) for twenty four.
|
| |
2 - Substituted by Seventh
Amendment to the Constitution Sec. 2(b) for "territorial
waters".
|
| |
3 - Inserted by Sec. 2 of the
Nineteenth Amendment to the Constitution
|
| |
4 - Renumbered as paragraph (1) of
Article 18 by Section 2(a) of the Thirteenth Amendment to the
Constitution.
|
| |
5 - Added by Section 2(b) of the
Thirteenth Amendment to the Constitution.
|
| |
6 - Substituted by Section 2(1) of
the Sixteenth Amendment to the Constitution for "or a Member of
a Local Authority".
|
| |
7 - Substituted by Section 2(2) of
the Sixteenth Amendment to the Constitution for "or in such
Local Authority".
|
| |
8 - Original Article 22 replaced by
Section 3 of the Sixteenth Amendment to the Constitution.
|
| |
9 - Original Article 23 replaced by
the Sixteenth Amendment to the Constitution Sec. 3.
|
| |
10 - Original para (1) repealed and
substituted by the Sixteenth Amendment to the Constitution Sec.
4(1).
|
| |
11 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(2) for "in either of the
National Languages".
|
| |
12 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(3)(a) for "the appropriate
National Language."
|
| |
13 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(3)(b) for "either of the
National Languages."
|
| |
14 - Inserted by the Sixteenth
Amendment to the Constitution Sec. 5
|
| |
15 - Amended by the Nineteenth
Amendment to the Constitution Sec. 3
|
| |
16 - Inserted by the Nineteenth
Amendment to the Constitution Sec. 4
|
| |
17 - Inserted by the Third
Amendment to the Constitution Sec. 2 (1)
|
| |
18 - Amended by the Eighteenth
Amendment to the Constitution Sec. 2(2)(a)
|
| |
19 - Amended by the Nineteenth
Amendment to the Constitution Sec. 4
|
| |
20 - Amended by the Eighteenth
Amendment to the Constitution Sec. 2(2)(b)
|
| |
21 - Proviso to Article 3A (a) (i)
was repealed by the Nineteenth Amendment to the Constitution
Sec.4
|
| |
22 - Amended by the Nineteenth
Amendment to the Constitution Sec. 4
|
| |
23 - Original para (4) repealed and
substituted by the Third Amendment to the Constitution Sec.
2(2).
|
| |
24 - substituted by the Eighteenth
Amendment to the Constitution Sec 3.(1)
|
| |
25 - inserted by the Eighteenth
Amendment to the Constitution Sec 3.(2)
|
| |
26 - Article 33 substituted by the
Nineteenth Amendment to the Constitution Sec 5
|
| |
27 - Inserted by the Nineteenth
Amendment to the Constitution Sec 6
|
| |
28 - Substituted by the Nineteenth
Amendment to the Constitution Sec.7
|
| |
29 - Substituted by the Third
Amendment to the Constitution Sec(3) for '"one month".
|
| |
30 - Chapter VII A was substituted
by the Nineteenth Amendment to the Constitution Sec. 8
|
| |
31 - Chapter VIII was substituted
by the Nineteenth Amendment to the Constitution Sec. 9
|
| |
32 - original Chapter IX repealed
and substituted by the Seventeenth Amendment to the Constitution
Sec.4
|
| |
33 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
|
| |
34 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
|
| |
35 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
|
| |
36 - Original Article 55 repealed
and substituted by the Eighteenth Amendment to the Constitution
Sec.8
|
| |
37 - substituted by the Eighteenth
Amendment to the Constitution Sec.11 for "as are specified by
the Cabinet of Ministers
|
| |
38 - substituted by the Eighteenth
Amendment to the Constitution Sec.11 for "as are specified by
the Cabinet of Ministers
|
| |
39 - substituted by the Nineteenth
Amendment to the Constitution Sec.13 for "Subject to the
provisions of paragraphs (1), (2), (3), (4) and (5) of Article
126,
|
| |
40 - Substituted by the Nineteenth
Amendment to the Constitution Sec.14
|
| |
41 - Article 62(1) repealed and
substituted by the Fourteenth Amendment to the Constitution
Sec.3.
|
| |
42 - Article 62(2) repealed and
substituted by the Nineteenth Amendment to the Constitution
Sec.15
|
| |
43 - Substituted by the Nineteenth
Amendment to the Constitution Sec.16 (1)
|
| |
44 - Substituted by the Nineteenth
Amendment to the Constitution Sec.16 (2)
|
| |
45 - Substituted by the Nineteenth
Amendment to the Constitution Sec.17
|
| |
46 - Substituted by the Nineteenth
Amendment to the Constitution Sec.18
|
| |
47 - Substituted by the Fourteenth
Amendment to the Constitution Sec.4 for "duly approved by the
People at a Referendum".
|
| |
48 - Article 85(2) was repealed by
the Nineteenth Amendment to the Constitution Sec.19
|
| |
49 - Substituted by the Seventeenth
Amendment to the Constitution Sec.6 for "Article 116".
|
| |
50 - Inserted by the Seventeenth
Amendment to the Constitution Sec.7(1)
|
| |
51 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20
|
| |
52- Substituted for (vii), (viii),
(ix), (x) by Sec. (2) of the Ninth Amendment to the
Constitution.
|
| |
53 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "a public officer
holding any office"
|
| |
54 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "a public officer
holding any office"
|
| |
55 - Inserted by Sec. 7(4) of the
Seventeenth Amendment to the Constitution
|
| |
56 - Substituted for (vii), (viii),
(ix), (x) by Sec. (2) of the Ninth Amendment to the
Constitution.
|
| |
57 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20
|
| |
58 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "thirty"
|
| |
59 - Article 92(c) repealed by the
Eighteenth Amendment to the Constitution Sec 15; and inserted by
the Nineteenth Amendment to the Constitution Sec.20.
|
| |
60 - Substituted by the Seventh
Amendment to the Constitution Sec.3 for "Twenty Four"'
|
| |
61 - Inserted by the Fourteenth
Amendment to the Constitution Sec.5; and repealed by the
Fourteenth Amendment to the Constitution Sec.2
|
| |
62 - Amended by the Fourteenth
Amendment to the Constitution Sec. (b) and by the Fifteenth
Amendment to the Constitution Sec. (3).
|
| |
63 - Original Article 99 repealed
and replaced by the Fourteenth Amendment to the Constitution
Sec. (7).
|
| |
64 - Substituted by the Fifteenth
Amendment to the Constitution Sec. 4(1) for "less than one
eighth of the total votes".
|
| |
65 - 99(14) Repealed by the
Fifteenth Amendment to the Constitution Sec. 4(2).
|
| |
66 - Inserted by the Fourteenth
Amendment to the Constitution Sec. 8.
|
| |
67 - Inserted by the Fifteenth
Amendment to the Constitution Sec. 5.
|
| |
68 - Substituted by the Sixth
Amendment to the Constitution Sec. 2 for "by election or
otherwise".
|
| |
69 - Repealed by the Seventeenth
Amendment to the Constitution Sec. 8 and a new Chapter XIVA
containing Article Nos. 103 and 104 in respect of "Election
Commission" is inserted by the Seventeenth Amendment to the
Constitution Sec. 9.
|
| |
70 - New Chapter XIVA inserted by
the Seventeenth Amendment to the Constitution Sec. 9.
|
| |
71 - substituted by the Nineteenth
Amendment to the Constitution Sec. 22
|
| |
72 - substituted by the Nineteenth
Amendment to the Constitution Sec. 22
|
| |
73 - substituted by the Nineteenth
Amendment to the Constitution Sec. 23
|
| |
74 - substituted by the Nineteenth
Amendment to the Constitution Sec. 24
|
| |
75 - Inserted by the Nineteenth
Amendment to the Constitution Sec. 25
|
| |
76 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 26
|
| |
77 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 27
|
| |
78 - Original para. (1) substituted
by Sec. 2 of the Eleventh Amendment to the Constitution.
|
| |
79 - Original para. (2) substituted
by Sec 12(1) of the Seventeenth Amendment to the Constitution.
|
| |
80 - Inserted by the Seventeenth
Amendment to the Constitution Sec 12(2)
|
| |
81 - Inserted by Sec. 4 of the
Seventh Amendment to the Constitution
|
| |
82 - Substituted for the words "the
president may, by warrant, appoint." by the Seventh Amendment to
the Constitution which was inserted by Seventh Amendment to the
Constitution Sec. 13
|
| |
83 - Inserted by Sec. 14 of the
Seventeenth Amendment to the Constitution
|
| |
84 - Orginal Article 116 renumbered
as Article 111C by the Seventeenth Amendment to the
Constitution. Sec. 15
|
| |
85 - Chapter XVA, Articles 111D to
111M, inserted by the Seventeenth Amendment to the Constitution
Sec.16
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86 - Substituted by the Nineteenth
Amendment to the Constitution Sec.28
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87 - Articles 111E(5) and (6)
substituted by the Nineteenth Amendment to the Constitution
Sec.29
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88 - Repealed by the Seventeenth
Amendment to the Constitution Sec.17
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89 - Renumbered as Article 111C by
the Seventeenth Amendment to the Constitution Sec.15
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90 - Article 122 repealed by the
Nineteenth Amendment to the Constitution Sec.30
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91 - Article 123(3) repealed by the
Nineteenth Amendment to the Constitution Sec.31
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92 - Substituted by the Nineteenth
Amendment to the Constitution Sec.32 for the words "provided in
Articles 120, 121 and 122"
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93 - Substituted by the Fourteenth
Amendment to the Constitution Sec.9(3) for "election petitions"
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94 - Substituted by the Fourteenth
Amendment to the Constitution Sec.9(1) for "election of the
President"
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95 - Substituted by the Fourteenth
Amendment to the Constitution Sec.9(3) for "election of the
President shall be"
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96 - Substituted by the Nineteenth
Amendment to the Constitution Sec.9(3) for " 121, 122, 125"
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97 - Words "and the appointment of
senior attorneys-at-law" omitted by the Eighth Amendment to the
Constitution Sec.3
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98 - Substituted by the Thirteenth
Amendment to the Constitution Sec.3(a) for "committed by any
Court of First Instance."
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99 - Substituted by the Thirteenth
Amendment to the Constitution Sec.3(b) for "of which such Court
of First Instance"
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100 - Inserted by the First
Amendment to the Constitution Sec.2 w.e.f. 7th September 1978.
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101 - Original para (2) repealed
and substituted by the Eleventh Amendment to the Constitution
Sec.6
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102 - Substituted by the Nineteenth
Amendment to the Constitution Sec.34
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103 - Substituted by the Nineteenth
Amendment to the Constitution Sec.34
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104 - New Articles 153A to 153H
inserted by the Nineteenth Amendment to the Constitution Sec.35
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105 - Substituted by the Nineteenth
Amendment to the Constitution Sec.36
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106 - Substituted by the Nineteenth
Amendment to the Constitution Sec.36 for the words "public
corporation or business or other undertaking"
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107 - Substituted by the Nineteenth
Amendment to the Constitution Sec.36 for the words "any public
corporation or business or other undertaking"
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108 - Inserted by the Nineteenth
Amendment to the Constitution Sec.36
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109 - Chapter XVIIA Articles 154A
to 154T inserted by the Thirteenth Amendment to the Constitution
Sec.4
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110 - Substituted by the Nineteenth
Amendment to the Constitution Sec.37
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111 - Inserted by the Thirteenth
Amendment to the Constitution Sec.5
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112 - Paras (8) and (9) repealed by
the Tenth Amendment to the Constitution Sec.2(1).
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113 - Paras (10) and (11)
renumbered as (8) and (9) by the Tenth Amendment to the
Constitution Sec. 2(2).
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114 - Substituted by the Tenth
Amendment to the Constitution Sec. 2(3) for"contained in
paragraph (6), (7), (8) or (9) of this Article."
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115 - New Chapter XVIIIA inserted
by the Seventeenth Amendment to theConstitution Sec. 20.
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116 - Substituted by the Nineteenth
Amendment to the Constitution Sec.38(1)
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117 - Substituted by the Nineteenth
Amendment to the Constitution Sec.38(2)
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118 - Inserted by the Nineteenth
Amendment to the Constitution Sec.39
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119 - Substituted by the Nineteenth
Amendment to the Constitution Sec.40. for "under paragraph (1)
of Article 126"
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120 - Substituted by the Nineteenth
Amendment to the Constitution Sec.41 for "any decision of the
Commission or a Committee, or to so influence any member of the
Commission or a Committee"
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121 - Repealed by the Nineteenth
Amendment to the Constitution Sec.42
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122 - Inserted by the Nineteenth
Amendment to the Constitution Sec.43
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123 - Substituted by the Nineteenth
Amendment to the Constitution Sec.44
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124 - Substituted by the Nineteenth
Amendment to the Constitution Sec.45
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125 - Substituted by the Nineteenth
Amendment to the Constitution Sec.45
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126 - New Chapters XIXA and XIXB
inserted by the Nineteenth Amendment to the Constitution Sec.46
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127 -Inserted by the Sixth
Amendment to the Constitution Sec.3
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128 - Substituted by the Third
Amendment to the Constitution Sec. 4, for "shall hold office."
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129 - Original para (ii) repealed
and substituted by the Second Amendment to the Constitution
Sec2.
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130 - Substituted by the Sixth
Amendment to the Constitution Sec4(1) for "to fill such vacancy.
Upon receipt of such nomination, the Commissioner".
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131- Added by the Fifth Amendment
to the Constitution Sec. 2(b).
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132- Substituted by the Sixth
Amendment to the Constitution, Sec. 4(2)(a), for" within thirty
days of his being required to do so."
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133- Substituted by the Sixth
Amendment to the Constitution Sec. 4(2)(b), for "vacancy, then
the Commissioner of Elections."
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134- Added by the Sixth Amendment
to the Constitution Sec. 4(3).
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135 - Original para (e) repealed
and substituted by the Fourth Amendment to the Constitution Sec.
2.
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136- Inserted by the Eighth
Amendment to the Constitution Sec. 4.
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137 - Substituted by the
Seventeenth Amendment to the Constitution Sec. 22(1) for "Other
than in Article 114".
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138 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 47
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139 - Substituted by the Thirteenth
Amendment to the Constitution Sec. 6 for the words "and includes
orders."
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140- Inserted by the Seventh
Amendment to the Constitution Sec.5
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141- Substituted by the Eleventh
Amendment to the Constitution Sec. 7 for "Fiscals."
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142 - Inserted by the Sixth
Amendment to the Constitution Sec.5
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143 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7
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144 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7
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145- Inserted by the Thirteenth
Amendment to the Constitution Sec.7 and substituted by the
Seventeenth Amendment to the Constitution Sec.23(1) for item 3
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146 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7 and substituted by the
Seventeenth Amendment to the Constitution Sec.23(2) for "will be
referred to the President"
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147 - Inserted by the Thirteenth
Amendment to the Constitution Sec. 7, and substituted by the
Seventeenth Amendment to the Constitution Sec. 23(3), for "with
the approval of the President".
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148 - Inserted by the Thirteenth
Amendment to the Constitution Sec. 7 and substituted by the
Seventeenth Amendment to the Constitution Sec. 23(4) for "The
President may, where he considers it necessary provide for
alternate training for members of any Provincial Division". |
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