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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Control of Parliament
over
public finance
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148. Parliament shall have full control over public
finance. No tax, rate or any other levy shall be imposed by any
local authority or any other public authority, except by or
under the authority of a law passed by Parliament or of any
existing law.
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Consolidated Fund
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149.
(1) The funds of the
Republic not allocated by law to specific purposes shall
form one Consolidated Fund into which shall be paid the
produce of all taxes, imposts, rates and duties and all
other revenues and receipts of the Republic not
allocated to specific purposes.
(2) The interest on the
public debt, sinking fund payments, the costs, charges
and expenses incidental to the collection, management
and receipt of the Consolidated Fund and such other
expenditure as Parliament may determine shall be charged
on the Consolidated Fund.
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Withdrawal
of sums
from
Consolidated Fund
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150.
(1) Save as otherwise
expressly provided in paragraphs (3) and (4) of this
Article, no sum shall be withdrawn from the Consolidated
Fund except under the authority of a warrant under the
hand of the Minister in charge of the subject of
Finance.
(2) No such warrant
shall be issued unless the sum has by resolution of
Parliament or by any law been granted for specified
public services for the financial year during which the
withdrawal is to take place or is otherwise lawfully,
charged on the Consolidated Fund.
(3) Where the President
dissolves Parliament before the Appropriation Bill for
the financial year has passed into law, he may, unless
Parliament shall have already made provision, authorize
the issue from the Consolidated Fund and the expenditure
of such sums as he may consider necessary for the public
services until the expiry of a period of three months
from the date on which the new Parliament is summoned to
meet.
(4) Where the President
dissolves Parliament and fixes a date or dates for a
General Election the President may, unless Parliament
has already made provision in that behalf, authorize the
issue from the Consolidated Fund and the expenditure of
such sums as he may, after consultation with the
Commissioner of Elections, consider necessary for such
elections.
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Contingencies Fund
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151.
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(1) Notwithstanding any
of the provisions of Article 149, Parliament may by law
create a Contingencies Fund for the purpose of providing
for urgent and unforeseen expenditure.
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(2) The Minister in
charge of the subject of Finance, if satisfied -
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(a) that there
is need for any such expenditure ; and
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(b) that no
provision for such expenditure exists,
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may, with the
consent of the President, authorize provision to
be made therefor by an advance from the
Contingencies Fund. |
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(3) As soon as possible
after every such advance, a Supplementary Estimate shall
be presented to Parliament for the purpose of replacing
the amount so advanced. |
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Special provisions
as to
Bills affecting
public
revenue
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152. No Bill or motion, authorizing the disposal of,
or the imposition of charges upon, the Consolidated Fund or
other funds of the Republic, or the imposition of any tax or the
repeal, augmentation or reduction of any tax for the time being
in force shall be introduced in Parliament except by a Minister,
and unless such Bill or motion has been approved either by the
Cabinet of Ministers or in such manner as the Cabinet of
Ministers may authorize.
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102[(1) There shall be
an Auditor-General who shall be a qualified Auditor, and
subject to the approval of the Constitutional Council,
be appointed by the President and shall hold office
during good behaviour. ]
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(2) The salary of the
Auditor-General shall be determined by Parliament, shall
be charged on the Consolidated Fund and shall not be
diminished during his term of office.
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(3) The office of the
Auditor-General shall become vacant -
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(b) on his
resignation in writing addressed to the
President ; |
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(c) on his
attaining the age of sixty years ;
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(d) on his
removal by the President on account of ill
health or physical or mental infirmity ; or
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(e) on his
removal by the President upon an address of
Parliament. |
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103[(4) Whenever the
Auditor-General is unable to discharge functions of his
office, the President may, subject to the approval of
the Constitutional Council, appoint a person to act in
the place of the Auditor-General. ] |
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Constitution
of the
Audit
Service Commission
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104[153A.
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(1) There shall be an
Audit Service Commission (in this Chapter referred to as
"Commission"), which shall consist of the
Auditor-General who shall be the Chairman of the
Commission, and the following members appointed by the
President on the recommendation of the Constitutional
Council:-
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(a) two retired
officers of the Auditor-General's Department,
who have held office as a Deputy Auditor-
General or above;
(b) a retired
judge of the Supreme Court, Court of Appeal or
the High Court of Sri Lanka; and
(c) a retired
Class I officer of the Sri Lanka
Administrative Service.
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(2)
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(a) A person
appointed as a member of the Commission shall
hold office for three years, unless he,-
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(i)
earlier resigns from his office, by
letter addressed to the President;
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(ii) is
removed from office as hereinafter
provided; or
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(iii)
becomes a Member of Parliament or a
member of a Provincial Council or any
local authority. |
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(b) A person
appointed as a member of the Commission shall be
eligible to be appointed for a further term of
office, on the recommendation of the
Constitutional Council. |
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(3) The President may
for cause assigned and with the approval of the
Constitutional Council, remove from office any person
appointed as a member of the Commission under paragraph
(1).
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(4) The Chairman and the
members of the commission shall be paid such allowances
as are determined by Parliament. Such allowances shall
be charged on the Consolidated Fund and shall not be
diminished during the term of office of the Chairman or
members.
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(5) The Chairman and the
members of the Commission shall be deemed to be public
servants within the meaning and for the purposes of
Chapter IX of the Penal Code.
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(6) There shall be a
Secretary to the Commission who shall be appointed by
the Commission. |
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Meeting
of the Commission
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153B.
(1) The quorum for any
meeting of the Commission shall be three members of the
Commission.
(2) Parliament shall,
subject to paragraph (1), provide by law for meetings of
the Commission, the establishment of the Sri Lanka State
Audit Service and such other matters connected with and
incidental thereto.
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Powers
and
functions
of the
Commission
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153C.
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(1) The power of
appointment, promotion, transfer, disciplinary control
and dismissal of the members belonging to the Sri Lanka
State Audit Service, shall be vested in the Commission.
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(2) The Commission shall
also exercise, perform and discharge the following
powers, duties and functions:-
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(a) make rules
pertaining to schemes of recruitment, the
appointment, transfer, disciplinary control and
dismissal of the members belonging to the Sri
Lanka State Audit Service, subject to any policy
determined by the Cabinet of Ministers
pertaining to the same;
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(b) prepare
annual estimates of the National Audit Office
established by law; and
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(c) exercise,
perform and discharge such other powers, duties
and functions as may be provided for by law. |
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(3) The Commission shall
cause the rules made under paragraph (2) to be published
in the Gazette.
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(4) Every such rule
shall come into operation on the date of such
publication or on such later date as may be specified in
such rules.
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(5) Every such rule
shall, within three months of such publication in the
Gazette be brought before Parliament for approval. Any
rule which is not so approved shall be deemed to be
rescinded as from the date of such disapproval, but
without prejudice to anything previously done
thereunder. |
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Influencing
or attempting
to
influence decision of the Commission or any officer of the
Sri Lanka State Audit Service, to be an offence.
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153D.
(1) A person who
otherwise than in the course of his duty, directly or
indirectly, by himself or through any other person, in
any manner whatsoever, influences or attempts to
influence any decision of the Commission, any member
thereof or any officer of the Sri Lanka State Audit
Service, shall be guilty of an offence and shall on
conviction be liable to a fine not exceeding one hundred
thousand rupees or to imprisonment for a term not
exceeding three years or to both such fine and
imprisonment.
(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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Immunity
from legal
proceedings.
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153E. Subject to the jurisdiction conferred on the
Supreme Court under Article 126 and to the powers granted to the
Administrative Appeals Tribunal under Article 153g, no court or
tribunal shall have the power or jurisdiction to inquire into,
pronounce upon or in any manner whatsoever call in question any
order or decision made by the Commission, in pursuance of any
function assigned on such Commission under this Chapter or under
any law.
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Costs and expenses.
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153F. The costs and expenses of the Commission shall
be a charge on the Consolidated Fund. |
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Appeals
to the
Administrative Appeals Tribunal.
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153G. Any officer of the Sri Lanka State Audit
Service who is aggrieved by any order relating to the
appointment, promotion or transfer of such officer or any order
on a disciplinary matter or dismissal made by the Commission, in
respect of such officer, may appeal there from to the
Administrative Appeals Tribunal established under Article 59,
which shall have the power to alter, vary, rescind or confirm
any order or decision made by the Commission.
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Commission
to be answerable
to Parliament.
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153H. The Commission shall be responsible and
answerable to Parliament in accordance with the provisions of
the Standing Orders of Parliament for the discharge of its
functions and shall forward to Parliament in each calendar year
a report of its activities in such year.]
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Duties and functions of
Auditor-General
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105[(1) The
Auditor-General shall audit all departments of the
Government, the Office of the Secretary to the
President, the Office of the Secretary to the Prime
Minister, the Offices of the Cabinet of Ministers, the
Judicial Services Commission, the Constitutional
Council, the Commissions referred to in the Schedule to
Article 41B, the Parliamentary Commissioner for
Administration, the Secretary-General of Parliament,
local authorities, public corporations, business and
other undertakings vested in the Government under any
written law and companies registered or deemed to be
registered under the Companies Act, No. 7 of 2007 in
which the Government or a public corporation or local
authority holds fifty per centum or more of the shares
of that company including the accounts thereof. ]
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(2) Notwithstanding the
provisions of paragraph (1) of this Article, the
Minister in charge of any such 106[public corporation,
business or other undertaking or a company referred to
in paragraph (1)] may, with the concurrence of the
Minister in charge of the subject of Finance and in
consultation with the Auditor-General, appoint a
qualified auditor or auditors to audit the accounts of
such 106 [public corporation, business or other
undertaking or a company referred to in paragraph (1)].
Where such appointment has been made by the Minister,
the Auditor-General may, in writing, inform such auditor
or auditors that he proposes to utilize his or their
services for the performance and discharge of the
Auditor-General's duties and functions in relation to
such 106[ public corporation, business or other
undertaking or a company referred to in paragraph (1)]
and thereupon such auditor or auditors shall act under
the direction and control of the Auditor-General.
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(3) The Auditor-General
shall also perform and discharge such duties and
functions as may be prescribed by Parliament by law.
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(4)
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(a) The
Auditor-General may for the purpose of the
performance and discharge of his duties and
functions engage the services of a qualified
auditor or auditors who shall act under his
direction and control. |
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(b) If the
Auditor-General is of opinion that it is
necessary to obtain assistance in the
examination of any technical, professional or
scientific problem relevant to the audit, he may
engage the services of -
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(i) a
person not being an employee of the
department, body or authority the
accounts of which are being audited, or
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(ii) any
technical or professional or scientific
institution not being an institution
which has any interest in the management
of the affairs of such department, body
or authority. |
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and such person
or institution shall act under his direction and
control. |
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(5)
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(a) The
Auditor-General or any person authorized by him
shall in the performance and discharge of his
duties and functions be entitled-
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(i) to
have access to all books, records,
returns and other documents ;
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(ii) to
have access to stores and other property
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(iii) to
be furnished with such information and
explanations as may be necessary for the
performance of such duties and
functions. |
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(b) Every
qualified auditor appointed to audit the
accounts of 107[any public corporation, business
or other undertaking or a company referred to in
paragraph (1)], or any person authorized by such
auditor shall be entitled to like access,
information and explanations in relation to such
public corporation, or business or other
undertaking. |
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(6) The Auditor-General
shall within ten months after the close of each
financial year and as and when he deems it necessary
report to Parliament on the performance and, discharge
of his duties and functions under the Constitution.
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(7) Every qualified
auditor appointed under the provisions of paragraph (2)
of this Article shall submit his report to the Minister
and also submit a copy thereof to the Auditor-General.
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(8) In this Article,
"qualified auditor" means -
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(a) an
individual who, being a member of the Institute
of Chartered Accountants of Sri Lanka, or of any
other Institute established by law, possesses a
certificate to practise as an Accountant issued
by the Council of such Institute ; or
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(b) a firm of
Accountants each of the resident partners of
which, being a member of the Institute of
Chartered Accountants of Sri Lanka or of any
other Institute established by law, possesses a
certificate to practise as an Accountant issued
by the Council of such Institute. |
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108[(9) The provisions
of sub-paragraph (a) of paragraph (8) shall apply to the
Auditor-General appointed under Article 153(1).]
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109[ CHAPTER XVII A
[4, 13 of 1987]
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Establishment
of Provincial
Councils
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154A.
(1) Subject to the
provisions of the Constitution, a Provincial Council
shall be established for every Province specified in the
Eighth Schedule with effect from such date or dates as
the President may appoint by Order published in the
Gazette. Different dates may be appointed in respect of
different Provinces.
(2) Every Provincial
Council established under paragraph (1) shall be
constituted upon the election of the members of such
Council in accordance with the law relating to
Provincial Council elections.
(3) Notwithstanding
anything in the preceding provisions of this Article,
Parliament may by, or under, any law provide for two or
three adjoining Provinces to form one administrative
unit with one elected Provincial Council, one Governor,
one Chief Minister and one Board of Ministers and for
the manner of determining whether such Provinces should
continue to be administered as one administrative unit
or whether each such Province should constitute a
separate administrative unit with its own Provincial
Council, and a separate Governor, Chief Minister and
Board of Ministers.
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Governor
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154B.
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(1) There shall be a
Governor for each Province for which a Provincial
Council has been established in accordance with Article
154A.
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(2) The Governor shall
be appointed by the President by warrant under his hand
and shall hold office, in accordance with Article 4(b),
during the pleasure of the President.
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(3) The Governor may, by
writing addressed to the President, resign his office.
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(4)
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(a) The
Provincial Council may, subject to sub-paragraph
(b), present an address to the President
advising the removal of the Governor on the
ground that the Governor -
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(i) has
intentionally violated the provisions of
the Constitution ;
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(ii) is
guilty of misconduct or corruption
involving the abuse of the powers of his
office ; or
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(iii) is
guilty of bribery or an offence
involving moral turpitude, |
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if a resolution
for the presentation of such address is passed
by not less than two-thirds of the whole number
of members of the Council (including those not
present).
(b) No
resolution for the presentation of an address to
the President advising the removal of the
Governor on the grounds referred to in
sub-paragraph (a) shall be entertained by the
Chairman of the Provincial Council or discussed
at the Council, unless notice of such resolution
is signed by not less than one half of the whole
number of members present.
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(5) Subject to the
preceding provisions of this Article, the Governor shall
hold office for a period of five years from the date he
assumes office.
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(6) Every person
appointed as Governor shall assume office upon taking or
subscribing, the oath or making or subscribing the
affirmation, set out in the Fourth Schedule, before the
President.
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(7) Upon such assumption
of office a Governor shall cease to hold any other
office created or recognized by the Constitution, and if
he is a Member of Parliament, shall vacate his seat in
Parliament. The Governor shall not hold any other office
or place of profit.
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(8)
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(a) The Governor
may, from time to time, summon the Provincial
Council to meet at such time and place as he
thinks fit, but two months shall not intervene
between the last sitting in one session and the
date appointed for the first sitting in the next
session.
(b) The Governor
may, from time to time, prorogue the Provincial
Council.
(c) The Governor
may dissolve the Provincial Council.
(d) The Governor
shall exercise his powers under this paragraph
in accordance with the advice of the Chief
Minister, so long as the Board of Ministers
commands, in the opinion of the Governor, the
support of the majority of the Provincial
Council. |
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(9) Without prejudice to
the powers of the President under Article 34 and subject
to his directions the Governor of a Province shall have
the power to grant a pardon to every person convicted of
an offence against a statute made by the Provincial
Council of that Province or a law made by Parliament on
a matter in respect of which the Provincial Council has
power to make statutes and to grant a respite or
remission of punishment imposed by Court on any such
person :
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Provided that where the
Governor does not agree with the advice of the Board of
Ministers in any case and he considers it necessary to
do so in the public interest, he may refer that case to
the President for orders.
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(10)
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(a) The Governor
may address the Provincial Council and may for
that purpose require the attendance of members.
(b) The Governor
may also send messages to the Council either
with respect to a statute then pending with the
Council, or otherwise and when a message is so
sent the Council shall with all convenient
despatch consider any matter required by the
message to be taken into consideration.
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(11) It shall be the
duty of the Chief Minister of every Province-
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(a) to
communicate to the Governor of the Province all
decisions of the Board of Ministers relating to
the administration of the affairs of the
Province and the proposals for legislation ;
(b) to furnish
such information relating to the administration
of the affairs of the Province and proposals for
legislation as the Governor may call for ; and
(c) if the
Governor so requires, to submit for
consideration of the Board of Ministers any
matter on which a decision has been taken by a
Minister but which has not been considered by
the Board.
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(12) Parliament shall by
law or resolution make provision for the salary,
allowances, age of retirement and pension entitlement of
holders of the office of Governor. |
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Exercise of executive powers
by the
Governor
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154C. Executive power extending to the matters with
respect to which a Provincial Council has power to make statutes
shall be exercised by the Governor of the Province for which
that Provincial Council is established, either directly or
through Ministers of the Board of Ministers, or through officers
subordinate to him, in accordance with Article 154F.
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Membership
of Provincial
Council
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154D.
(1) A Provincial Council
shall consist of such number of members as may be
determined by or under law, having regard to the area
and population of the Province for which that Provincial
Council is established.
(2)
(a) A Provincial
Council may at the commencement of the term of
office of its members, decide, by resolution, to
grant Members of Parliament elected for
electoral districts, the limits of which fall
within the Province for which that Provincial
Council is established, the right to participate
in proceedings of that Council.
(b) So long as a
resolution passed under sub-paragraph (a) is in
force, a Member of Parliament elected for an
electoral district, the limits of which fall
within the Province for which that provincial
Council is established, shall have the right,
during the term of office of that Council, to
speak in and otherwise take part in, the
proceedings of the Provincial Council and to
speak in and otherwise take part in, any
committee of the Provincial Council of which he
may be named a member but shall be entitled to
vote thereat only if the resolution passed under
sub-paragraph (a) so provides.
(c) The
provisions of this paragraph shall cease to
operate on the date of dissolution of the first
Parliament.
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Term of
office
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154E. A Provincial Council shall, unless sooner
dissolved, continue for a period of five years from the date
appointed for its first meeting and the expiration of the said
period of five years shall operate as a dissolution of the
Council.
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Board of Ministers
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154F.
(1) There shall be a
Board of Ministers with the Chief Minister at the head
and not more than four other Ministers to aid and advise
the Governor of a Province in the exercise of his
functions. The Governor shall, in the exercise of his
functions, act in accordance with such advice, except in
so far as he is by or under the Constitution required to
exercise his functions or any of them in his discretion.
(2) If any question
arises whether any matter is or is not a matter as
respects which the Governor is by or under this
Constitution required to act in his discretion, the
decision of the Governor in his discretion shall be
final and the validity of anything done by the Governor
shall not be called in question in any Court on the
ground that he ought or ought not have acted on his
discretion. The exercise of the Governor's discretion
shall be on the President's directions.
(3) The question whether
any, and if so what, advice was tendered by the
Ministers to the Governor shall not be, inquired into in
any Court.
(4) The Governor shall
appoint as Chief Minister, the member of the Provincial
Council constituted for that Province, who, in his
opinion, is best able to command the support of a
majority of the members of that Council :
Provided that where more
than one-half of the members elected to a Provincial
Council are members of one political party, the Governor
shall appoint the leader of that political party in the
Council, as Chief Minister.
(5) The Governor shall,
on the advice of the Chief Minister, appoint from among
the members of the Provincial Council constituted for
that Province, the other Ministers.
(6) The Board of
Ministers shall be collectively responsible and
answerable to the Provincial Council.
(7) A person appointed
to the office of Chief Minister or member of the Board
of Ministers shall not enter upon the duties of his
office until he takes and subscribes the oath, or makes
and subscribes the affirmation, set out in the Fourth
Schedule.
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Statutes of Provincial
Councils
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154G.
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(1) Every Provincial
Council may, subject to the provisions of the
Constitution, make statutes applicable to the Province
for which it is established, with respect to any matter
set out in List I of the Ninth Schedule (hereinafter
referred to as "the Provincial Council List").
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(2) No Bill for the
amendment or repeal of the provisions of this Chapter or
the Ninth Schedule shall become law unless such Bill has
been referred by the president, after its publication in
the Gazette and before it is placed on the Order Paper
of Parliament, to every Provincial Council for the
expression of its views thereon, within such period as
may be specified in the reference, and -
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(a) where every
such Council agrees to the amendment or repeal,
such Bill is passed by a majority of the Members
of Parliament present and voting ; or
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(b) where one or
more Councils do not agree to the amendment or
repeal such Bill is passed by the special
majority required by Article 82. |
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(3) No Bill in respect
of any matter set out in the Provincial Council List
shall become law unless such Bill has been referred by
the President, after its publication in the Gazette and
before it is placed on the Order Paper of Parliament, to
every Provincial Council for the expression of its views
thereon, within such period as may be specified in the
reference, and -
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(a) where every
such Council agrees to the passing of the Bill,
such Bill is passed by a majority of the Members
of Parliament present and voting ; or
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(b) where one or
more Councils do not agree to the passing of the
Bill, such Bill is passed by the special
majority required by Article 82: |
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Provided that where on
such reference, some but not all the Provincial Councils
agree to the passing of a Bill, such Bill shall become
law applicable only to the Provinces for which the
Provincial Councils agreeing to the Bill have been
established, upon such Bill being passed by a majority
of the Members of Parliament present and voting.
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(4) Where one or more
Provincial Councils request Parliament, by resolution,
to make law on any matter set out in the Provincial
Council List, Parliament may make law on that matter,
applicable only to the Provinces for which those
Provincial Councils are established, by a majority of
Members of Parliament present and voting.
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(5)
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(a) Parliament
may make laws with respect to any matter set out
in List III of the Ninth Schedule (hereinafter
referred to as "the Concurrent List") after such
consultation with all Provincial Councils as
Parliament may consider appropriate in the
circumstances of each case.
(b) Every
Provincial Council may, subject to the
provisions of the Constitution, make statutes
applicable to the Province for which it is
established, with respect to any matter on the
Concurrent List, after such consultation with
Parliament as it may consider appropriate in the
circumstances of each case.
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(6) If any provision of
any statute made by a Provincial Council is inconsistent
with the provisions of any law made in accordance with
the preceding provisions of this Article, the provisions
of such law shall prevail and the provisions of such
statute shall, to the extent of such inconsistency, be
void.
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(7) A Provincial Council
shall have no power to make statutes on any matter set
out in List II of the Ninth Schedule (hereinafter
referred to as "the Reserved List").
(8) Where there is a law
with respect to any matter on the Provincial Council
List in force on the date on which this Chapter comes
into force and a Provincial Council established for a
Province subsequently makes a statute on the same matter
and which is described in its long title as being
inconsistent with that law, then, the provisions of the
law shall, with effect from the date on which that
statute receives assent and so long only as that statute
is in force, remain suspended and be inoperative within
that Province.
(9) Where there is a law
with respect to a matter on the Concurrent List on the
date on which this Chapter comes into force and a
Provincial Council established for a Province
subsequently makes a statute on the same matter
inconsistent with that law, the provisions of that law
shall, unless Parliament, by resolution, decides to the
contrary, remain suspended and be inoperative within
that Province, with effect from the date on which that
statute receives assent and so long only as that statute
is in force.
(10) Nothing in this
Article shall be read or construed as derogating from
the powers conferred on Parliament by the Constitution
to make laws, in accordance with the Provisions of the
Constitution (inclusive of this Chapter), with respect
to any matter, for the whole of Sri Lanka or any part
thereof.
(11) Notwithstanding
anything in paragraph (3) of this Article, Parliament
may make laws, otherwise than in accordance with the
procedure set out in that paragraph, in respect of any
matter set out in the Provincial Council List for
implementing any treaty, agreement or convention with
any other country or countries or any decisions made at
an international conference, association, or other body.
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Assent
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154H.
(1) Every statute made
by a Provincial Council shall come into force upon such
statute receiving assent as hereinafter provided.
(2) Every statute made
by a Provincial Council shall be presented to the
Governor for his assent, forthwith upon the making
thereof and the Governor shall either assent to the
statute or he may as soon as possible after the statute
is presented to him for assent return it to the
Provincial Council together with a message requesting
the Council to reconsider the statute or any specified
provision thereof and in particular, requesting it to
consider the desirability of introducing such amendments
as may be recommended in the message.
(3) Where a statute is
returned to a Provincial Council by the Governor under
paragraph (2), the Provincial Council shall reconsider
the statute having regard to the Governor's message and
may pass such statute with or without amendment and
present it to the Governor for his assent.
(4) Upon presentation of
a statute to the Governor under paragraph (3), the
Governor may assent to the statute or reserve it for
reference by the President to the Supreme Court, within
one month of the passing of the statute for the second
time, for a determination that it is not inconsistent
with the provisions of the Constitution. Where upon such
reference, the Supreme Court determines that the statute
is consistent with the provisions of the Constitution,
the Governor shall, on receipt by him of the Court's
determination, assent to the statute. Where upon such
reference, the Supreme Court determines that the statute
is inconsistent with the provisions of the Constitution,
the Governor shall withhold assent to the statute.
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Public
Security
|
154J.
(1) Upon the making of a
proclamation under the Public Security Ordinance or the
law for the time being in force relating to public
security, bringing the provisions of such Ordinance or
law into operation on the ground that the maintenance of
essential supplies and services is, threatened or that
the security of Sri Lanka is threatened by war or
external aggression or armed rebellion, the President
may give directions to any Governor as to the manner in
which the executive power exercisable by the Governor is
to be exercised. The directions so given shall be in
relation to the grounds specified in such Proclamation
for the making thereof.
Explanation : A
Proclamation under the Public Security Ordinance
declaring that the maintenance of essential supplies and
services is threatened or that the security of Sri Lanka
or any part of the territory thereof is threatened by
war, or by external aggression, or by armed rebellion
may be made before the actual breakdown of supplies and
services, or the actual occurrence of war, or of any
such aggression or rebellion, if the President is
satisfied that there is imminent danger thereof :
Provided that where such
Proclamation is in operation only in any part of Sri
Lanka, the power of the President to give directions
under this Article, shall also extend to any Province
other than the Province in which the Proclamation is in
operation if, and in so far as it is expedient so to do
for ensuring the maintenance of essential supplies and
services or the security of Sri Lanka.
(2) A Proclamation under
the Public Security Ordinance or the law for the time
being relating to public security, shall be conclusive
for all purposes and shall not be questioned in any
Court, and no Court or Tribunal shall inquire into, or
pronounce on, or in any manner call in question, such
Proclamation, the grounds for the making thereof, or the
existence of those grounds or any direction given under
this Article.
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Failure to comply with
directions
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154K. Where the Governor or any Provincial Council
has failed to comply with, or give effect to any directions
given to such Governor or such Council under this Chapter of the
Constitution, it shall be lawful for the President to hold that
a situation has arisen in which the administration of the
Province cannot carried on in accordance with the provisions of
the Constitution.
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Failure of administrative
machinery
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154L |
(1) If the President, on
receipt of a report from the Governor of the Province or
otherwise, is satisfied that a situation has arisen in
which the administration of the Province cannot be
carried on in accordance with the provisions of the
Constitution, the President may by Proclamation-
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(a) assume to
himself all or any of the functions of the
administration of the Province and all or any of
the powers vested in, or exercisable by, the
Governor or any body or authority in the
Province other than the Provincial Council;
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(b) declare that
the powers of the Provincial Council shall be
exercisable by, or under the authority of
Parliament;
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(c) make such
incidental and consequential provisions as
appear to the President to be necessary or
desirable for giving effect to the objects of
the Proclamation : |
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Provided that nothing in
this paragraph shall authorize the President to assume
to himself any of the powers vested in, or exercisable,
by any Court.
(2) Any such
Proclamation may be revoked or varied by a subsequent
Proclamation.
(3) Every Proclamation
under this Article shall be laid before Parliament and
shall, except where it is a Proclamation revoking a
previous Proclamation, cease to operate at the
expiration of fourteen days unless before expiration of
that period it has been approved by a resolution of
Parliament :
Provided that if any
such Proclamation (not being a Proclamation revoking a
previous Proclamation) is issued at a time when
Parliament is dissolved or the dissolution of Parliament
takes place during the period of fourteen days referred
to in this paragraph but no resolution with respect to
such proclamation has been passed by Parliament before
the expiration of that period, the proclamation shall
cease to operate at the expiration of fourteen days from
the date on which Parliament first sits after its
reconstitution, unless before the expiration of the said
period of fourteen days a resolution approving the
Proclamation has been passed by Parliament.
(4) A Proclamation so
approved shall, unless earlier revoked, cease to operate
on the expiration of a period of two months from the
date of issue of the Proclamation :
Provided that if and so
often as a resolution approving the continuance in force
of such a Proclamation is passed by Parliament, the
Proclamation shall, unless revoked continue in force for
a further period of two months from the date on which
under this paragraph is, would otherwise have ceased to
operate, but no such Proclamation shall in any case
remain in force for more than one year:
Provided further that if
the dissolution of Parliament takes place during any
such period of two months but no resolution with respect
to the continuance in force of such Proclamation has
been passed by Parliament during the said period, the
Proclamation shall cease to operate at the expiration of
fourteen days from the date on which Parliament first
sits after its reconstitution unless before the
expiration of the said period of fourteen days a
Proclamation approving the continuance in force of the
Proclamation has been passed by Parliament.
(5) Notwithstanding
anything in this Article, the President may within
fourteen days of his making a Proclamation under
paragraph (1) and for the purpose of satisfying himself
with regard to any of the matters referred to in that
paragraph, appoint a retired Judge of the Supreme Court
to inquire into and report upon such matters within a
period of sixty days. A Judge so appointed shall in
relation to such inquiry have the powers of a
Commissioner appointed under the Commissions of Inquiry
Act. Upon receipt of the report of such Judge, the
President may revoke the Proclamation made under
paragraph (1).
(6) A Proclamation under
this Article shall be conclusive for all purposes and
shall not be questioned in any Court, and no Court or
Tribunal shall inquire into, or pronounce on, or in any
manner call in question, such Proclamation or the
grounds for making thereof.
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Parliament
to confer
powers
of Provincial Council to President
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154M.
(1) Where by a
Proclamation issued under paragraph (1) of Article 154L,
it has been declared that the powers of the Provincial
Council shall be exercisable by or under the authority,
of Parliament, it shall be competent-
(a) for
Parliament to confer on the President, the power
of the Provincial Council to make statutes and
to authorize the President to delegate, subject
to such conditions as he may think fit to
impose, the power so conferred, on any other
authority specified by him in that behalf ;
(b) for the
President to authorize, when Parliament is not
in session, expenditure from the Provincial Fund
of the Province pending sanction of such
expenditure by Parliament.
(2) A statute made by
Parliament or the President or other authority referred
to in sub-paragraph (a) of paragraph (1), during the
continuance in force of a Proclamation issued under
paragraph (1) of Article 154L, shall continue in force
until amended or repealed by the Provincial Council.
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Financial instability
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154N.
(1) If the President is
satisfied that a situation has arisen whereby the
financial stability or credit of Sri Lanka or of any
part of the territory thereof is threatened, he may by
Proclamation make a declaration to that effect.
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(1) A Proclamation
issued under paragraph (1)-
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(a) may be
revoked or varied by a subsequent Proclamation;
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(b) shall be
laid before Parliament ;
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(c) shall cease
to operate at the expiration of two months,
unless before the expiration of that period it
has been approved by a resolution of Parliament
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Provided that if any
such Proclamation is issued at a time when Parliament
has been dissolved or the dissolution of Parliament
takes place during the period of two months referred to
in sub-paragraph (c), but no resolution with respect to
such Proclamation has been passed by Parliament before
the expiration of that period, the Proclamation shall
cease to operate at the expiration of thirty days from
the date on which Parliament first sits after its
reconstitution, unless before the expiration of the said
period of thirty days a resolution approving the
Proclamation has been passed by Parliament.
(3) During the period
and such Proclamation as is mentioned in paragraph (1)
is in operation, the President may give directions to
any Governor of a Province to observe such canons of
financial propriety as may be specified in the
directions, and to give such other directions as the
President may deem necessary and adequate for the
purpose.
(4) Notwithstanding
anything in the Constitution any such direction may
include-
(a) a provision
requiring the reduction of salaries and
allowances of all or any class of persons
serving in connection with the affairs of the
Province ;
(b) a provision
requiring all statutes providing for payments
into or out of, a Provincial Fund to be reserved
for the consideration of the President after
they are passed by the Provincial Council.
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High Court
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154P.
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(1) There shall be a
High Court for each Province with effect from the date
on which this Chapter comes into force. Each such High
Court shall be designated as the High Court of the
relevant Province.
(2) The Chief Justice
shall nominate, from among Judges of the High Court of
Sri Lanka, such number of Judges as may be necessary to
each such High Court. Every such Judge shall be
transferable by the Chief Justice.
(3) Every such High
Court shall-
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(a) exercise
according to law, the original criminal
jurisdiction of the High Court of Sri Lanka in
respect of offences committed within the
Province ;
(b)
notwithstanding anything in Article 138 and
subject to any law, exercise, appellate and
revisionary jurisdiction in respect of
convictions, sentences and orders entered or
imposed by Magistrates Courts and Primary Courts
within the Province ;
(c) exercise
such other jurisdiction and powers as Parliament
may, by law, provide.
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(4) Every such High
Court shall have jurisdiction to issue, according to law
-
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(a) orders in
the nature of habeas corpus, in respect of
persons illegally detained within the Province ;
and
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(b) order in the
nature of writs of certiorari, prohibition,
procedendo, mandamus and quo warranto against
any person exercising, within the Province, any
power under -
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(ii) any
statutes made by the Provincial Council
established for that Province,
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in respect of
any matter set out in the Provincial Council
List. |
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(5) The Judicial Service
Commission may delegate to such High Court, the power to
inspect and report on, the administration of any Court
of First Instance within the Province.
(6) subject to the
provisions of the Constitution and any law, any person
aggrieved by a final order, judgement or sentence of any
such Court, in the exercise of its jurisdiction under
paragraphs (3)(b) or (3)(c) or (4) may appeal there from
to the Court of Appeal in accordance with Article 138.
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Functions, powers,
election
&c.
of Provincial Councils
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154Q. Parliament shall by law provide for-
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(a) the election of
members of Provincial Councils and the qualifications
for membership of such Councils ;
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(b) the procedure for
transaction of business by every such Council ;
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(c) the salaries and
allowances of members of Provincial Councils ; and
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(d) any other matter
necessary for the purpose of giving effect to the
principles of provisions of this Chapter, and for any
matters connected with or incidental to, the provisions
of this Chapter. |
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154R |
(1) There shall be a
Finance Commission consisting of -
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(a) the Governor
of the Central Bank of Sri Lanka ;
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(b) the
Secretary to the Treasury ; and
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110[(c) three
other members appointed by the President on the
recommendation of the Constitutional Council, to
represent the three major communities, each of
whom shall be a person who has distinguished
himself or held high office, in the field of
finance, law, administration, business or
learning. ] |
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(2) Every member of the
Commission shall, unless he earlier dies, resigns or is
removed from office, hold office for a period of three
years.
(3) The Government
shall, on the recommendation of, and in consultation
with, the Commission, allocate from the Annual Budget,
such funds as are adequate for the purpose of meeting
the needs of the Provinces.
(4) It shall be the duty
of the Commission to make recommendations to the
President as to-
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(a) the
principles on which such funds as are granted
annually by the Government for the use of
Provinces, should be apportioned between the
various Provinces; and
(b) any other
matter referred to the Commission by the
President relating to Provincial Finance.
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(5) The Commission shall
formulate such principles with the objective of
achieving balanced regional development in the country,
and shall accordingly take into account -
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(a) the
population of each Province ;
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(b) the per
capita income of each Province ;
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(c) the need,
progressively, to reduce social and economic
disparities ; and
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(d) the need,
progressively, to reduce the difference between
the per capita income of each Province and the
highest per capita income among the Provinces.
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(6) The Commission shall
determine its own procedure and shall have such powers
in the performance of its duties as Parliament may, by
law, confer on it.
(7) The President shall
cause every recommendation made by the Finance
Commission under this Article to be laid before
Parliament, and shall notify Parliament as to the action
taken thereon.
(8) No Court or Tribunal
shall inquire into, or pronounce on, or in any manner
entertain, determine or rule upon, any question relating
to the adequacy of such funds, or any recommendation
made, or principle formulated by, the Commission.
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Special provision enabling
Provincial Councils
not to
exercise
powers
under this
Chapter
|
154S.
(1) A Provincial Council
may, by resolution, decide not to exercise its powers
under Article 154G with respect to any matter or part
thereof set out in the Provincial Council List or the
Concurrent List of the Ninth Schedule.
(2) Where a resolution
has been passed by a Provincial Council under paragraph
(1) and the terms of such resolution have been accepted
by Parliament, by resolution, the powers of such
Provincial Council under Article 154G shall be deemed
not to extend to the matter specified in such resolution
and Parliament may make law, with respect to that
matter, applicable to the province for which that
Provincial Council is established, otherwise than in
accordance with the provisions of Article 154G.
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Transitional measures
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154T. The President may by Order published in the
Gazette, take such action, or give such directions, not
inconsistent with the provisions of the Constitution, as appears
to him to be necessary or expedient, for the purpose of giving
effect to the provisions of this Chapter, or for the
administrative changes necessary therefor, or for the purpose of
removing any difficulties.] |
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155.
[5, 13 of 1987]
|
(1) The Public Security
Ordinance as amended and in force immediately prior to
the commencement of the Constitution shall be deemed to
be a law enacted by Parliament.
(2) The power to make
emergency regulations under the Public Security
Ordinance or the law for the time being in force
relating to public security shall include the power to
make regulations having the legal effect of over-riding,
amending or suspending the operation of the provisions
of any law, except the provisions of the Constitution.
(3) The provisions of
any law relating to public security, empowering the
President to make emergency regulations which have the
legal effect of over-riding, amending or suspending the
operation of the provisions of any law, shall not come
into operation, except upon the making of a Proclamation
under such law, bringing such provisions into operation.
111[(3A) Nothing in the
preceding provisions of this Constitution shall be
deemed to prohibit the making of emergency regulations,
under the Public Security Ordinance or the law for the
time being in force relating to public security, with
respect to any matter set out in the Ninth Schedule or
having the effect of over-riding amending or suspending
the operation of a statute made by a Provincial
Council.]
(4) Upon the making of
such a Proclamation, the occasion thereof shall, subject
to the other provisions of this Article, be forthwith
communicated to Parliament and accordingly -
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(i) if such
Proclamation is issued after the dissolution of
Parliament such Proclamation shall operate as a
summoning of Parliament to meet on the tenth day
after such Proclamation, unless the Proclamation
appoints an earlier date for the meeting which
shall not be less than three days from the date
of the Proclamation; and the Parliament so
summoned shall be kept in session until the
expiry or revocation of such or any further
Proclamation or until the conclusion of the
General Election whichever event occurs earlier
and shall thereupon stand dissolved ;
(ii) if
Parliament is at the date of the making of such
Proclamation, separated by any such adjournment
or prorogation as will not expire within ten
days, a Proclamation shall be issued for the
meeting of Parliament within ten days.
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(5) Where the provisions
of any law relating to public security have been brought
into operation by the making of a Proclamation under
such law, such Proclamation shall, subject to the
succeeding provisions of this Article, be in operation
for a period of one month from the date of the making
thereof, but without prejudice to the earlier revocation
of such Proclamation or to the making of a further
Proclamation at or before the end of that period.
(6) Where such
provisions as are referred to in paragraph (3) of this
Article, of any law relating to public security, have
been brought into operation by the making of a
Proclamation under such law, such Proclamation shall
expire after a period of fourteen days from the date on
which such provisions shall have come into operation,
unless such Proclamation is approved by a resolution of
Parliament:
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Provided that if
(a) Parliament
stands dissolved at the date of the making of
such Proclamation ; or
(b) Parliament
is at such date separated by any such
adjournment or prorogation as is referred to in
paragraph (4)(ii) of this Article ; or
(c) Parliament
does not meet when summoned to meet as provided
in paragraphs (4)(i) and (4)(ii) of this
Article,
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then such Proclamation
shall expire at the end of ten days after the date on
which Parliament shall next meet and sit, unless
approved by a resolution at such meeting of Parliament.
(7) Upon the revocation
of a Proclamation referred to in paragraph (6) of this
Article within a period of fourteen days from the date
on which the provisions of any law relating to public
security shall have come into operation or upon the
expiry of such a Proclamation in accordance with the
provisions of paragraph (6), no Proclamation made within
thirty days next ensuring shall come into operation
until the making thereof shall have been approved by a
resolution of Parliament.
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113(8) If Parliament
does not approve any Proclamation bringing such
provisions as are referred to in paragraph (3) of this
Article into operation, such Proclamation shall,
immediately upon such disapproval, cease to be valid and
of any force in law but without prejudice to anything
lawfully done thereunder.
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(9) If the making of a
Proclamation cannot be communicated to and approved by
Parliament by reason of the fact that Parliament does
not meet when summoned, nothing 114[contained in
paragraph (6) or (7), of this Article], shall affect the
validity or operation of such Proclamation :
Provided that in such
event, Parliament shall again be summoned to meet as
early as possible thereafter.
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| 115[CHAPTER XVIII A
[20, 17 of 2001] |
NATIONAL POLICE COMMISSION
|
Constitution
of the
National
Police Commission
|
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116[(1) There shall be a
National Police Commission (in this Chapter referred to
as the "Commission") consisting of seven members
appointed by the President on the recommendation of the
Constitutional Council, of whom at least one member
shall be a retired police officer who has held office as
a Deputy Inspector-General of Police or above. The
Constitutional Council may in making its recommendation,
consult the Public Service Commission. The President
shall on the recommendation of the Constitutional
Council appoint one member as the Chairman.]
(2) 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.
(3) Every person who
immediately before his appointment as a member of the
Commission, was a public officer in the service of the
State or a judicial officer, shall upon such appointment
taking effect, cease to hold such office and shall be
ineligible for further appointment as a public officer
or a judicial officer :
Provided that any such
person shall, until he ceases to be a member of the
Commission, or while continuing to be a member, attains
the age at which he would, if he were a public officer
or a judicial officer, as the case may be, be required
to retire, be deemed to be a public officer or a
judicial officer and to hold a pensionable office in the
service of the State, for the purpose of any provision
relating to the grant of pensions, gratuities and other
allowances in respect of such service.
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117[(4) Every member of
the Commission shall hold office for a period of three
years from the date of appointment, unless such member
becomes subject to any disqualification under paragraph
(2) or earlier resigns from office by writing addressed
to the President or is removed from office by the
President for reasons assigned and with the approval of
the Constitutional Council 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
such member has been passed in terms of Article 81 or is
deemed to have vacated his office under paragraph (6) of
this Article. ]
(5) A member of the
Commission shall be eligible for reappointment as a
member, but shall not be eligible for appointment as a
public officer or a judicial officer after the expiry of
his term of office as a member. No member shall be
eligible to hold office as a member of the Commission
for more than two terms.
(6) In the event of the
Chairman or a member of the Commission absenting himself
from three consecutive meetings of the Commission
without the prior leave of the Commission, he shall be
deemed to have vacated his office from the date of the
third of such meetings and shall not be eligible to be
reappointed as a member or as Chairman of the
Commission.
(7) The Chairman and
members of the Commission shall be paid such allowances
as are determined by Parliament. Such allowances shall
be charged on the Consolidated Fund and shall not be
diminished during the term of office of the Chairman or
member.
(8) The Chairman and
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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155B.
|
(1) The quorum for a
meeting of the Commission shall be four members.
(2) The Chairman shall
preside at all meetings of the Commission and in his
absence a member elected by the members present from
amongst the members shall preside at such meeting.
(3) Decisions of the
Commission shall be by a majority of 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
person presiding shall have a casting vote.
(4) The Commission shall
have power to act notwithstanding any vacancy in its
membership, and any act or proceeding or decision of the
Commission shall not be invalid or deemed to be invalid
by reason only of such vacancy or any defect in the
appointment of the Chairman or member.
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118[(5) The
Inspector-General of Police shall be entitled to be
present at meetings of the Commission, except where any
matter relating to him is being considered. He shall
have no right to vote at such meetings.] |
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Immunity
from Legal
Proceedings
|
155C. Subject to the jurisdiction conferred on the
Supreme Court 119[under Article 126 and the powers granted to
the Administrative Appeals Tribunal under Article 155L ], no
court or tribunal shall have the power or jurisdiction to
inquire into, or pronounce upon or in any manner call in
question any order or decision made by the Commission or a
Committee, in pursuance of any power or duty, conferred or
imposed on such Commission or Committee under this Chapter or
under any other law.
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Secretary
to the Commission
|
155D. There shall be a Secretary to the Commission
and such other officers appointed by the Commission on such
terms and conditions as may be determined by the Commission.
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Costs and expenses
|
155E. The costs and expenses of the Commission shall
be a charge on the Consolidated Fund. |
Interference with the
Commission
|
155F.
(1) Every person who,
otherwise than in the course of such person's lawful
duty, directly or indirectly by himself or by or with
any other person, in any manner whatsoever influences or
attempts to influence or interferes with 120[any
decision of the Commission or a Committee or any police
officer to whom the Commission has delegated any power
under this Chapter or to so influence any member of the
Commission or a Committee or any police officer to whom
any power has been delegated], shall be guilty of an
offence and shall on conviction be liable to a fine not
exceeding one hundred thousand rupees or to imprisonment
for a term not exceeding seven years, or to both such
fine and imprisonment.
(2) A 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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Commission
to make rules
|
155FFF. The Commission shall from time to time, make
rules for such matters which require rules to be made. Every
such rule shall be published in the Gazette.]
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122
[155G.
(1) (a) The
appointment, promotion, transfer, disciplinary
control and dismissal of police officers other
than the Inspector-General of Police, shall be
vested in the Commission. The Commission shall
exercise its powers of promotion, transfer,
disciplinary control and dismissal in
consultation with the Inspector-General of
Police.
(b) The
Commission shall not in the exercise of its
powers under this Article, derogate from the
powers and functions assigned to the Provincial
Police Service Commissions as and when such
Commissions are established under Chapter XVlIA
of the Constitution.
(2) The Commission shall
establish procedures to entertain and investigate public
complaints and complaints of any aggrieved person made
against a police officer or the police service, and
provide redress as provided by law. In the event of the
Commission providing redress, the Commission shall
forthwith inform the Inspector-General of Police.
(3) The Commission
shall, in consultation with the Inspector-General of
Police, provide for and determine all matters regarding
police officers, including:-
(a) the
formulation of schemes of recruitment,
promotion and transfers, subject to any policy
determined by the Cabinet of Ministers
pertaining to the same;(b) training and
the improvement of the efficiency and
independence of the police service;(c) the nature
and type of the arms, ammunition and other
equipment necessary for the use of the National
Division and the Provincial Divisions; and(d) codes of
conduct and disciplinary procedures.
(4) The Commission shall
exercise all such powers and discharge and perform all
such functions and duties as are vested in it under
Appendix I of List I contained in the Ninth Schedule to
the Constitution.
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|
Delegation
of certain powers
of the Commission
to a
Committee
|
155H.
(1) The Commission may
delegate to a Committee of the Commission (not
consisting of members of the Commission) as shall be
nominated by the Commission, the powers of appointment,
promotion, transfer, disciplinary control and dismissal
of such categories of police officers as are specified
by the Commission.
(2) The Commission shall
cause to be published in the Gazette, the appointment of
any such Committee.
(3) The procedure and
quorum for meetings of a Committee nominated under
paragraph (1) shall be according to rules made by the
Commission. The Commission shall cause such rules to be
published in the Gazette.
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Delegation of certain
functions
by the Commission
|
155J.
(1) The Commission may,
subject to such conditions and procedures as may be
prescribed by the Commission, delegate to the
Inspector-General of Police or in consultation with the
Inspector-General of Police to any Police Officer, its
powers of appointment, promotion, transfer, disciplinary
control and dismissal of any category of police
officers.
(2) The Commission shall
cause any such delegation to be published in the
Gazette.
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Right of
Appeal
|
155K.
(1)Where the Commission
has delegated under Article 155J to any police officer
its powers of appointment, promotion, transfer,
disciplinary control and dismissal of any category of
police officers, the Inspector-General of Police shall
have a right of appeal to the Commission against any
order made by such Police officer in the exercise of his
delegated powers.
(2) A police officer
aggrieved by any order relating to promotion, transfer
or any order on a disciplinary matter or dismissal made
by the Inspector-General of Police or a Committee or a
Police Officer referred to in Article 155H and 155J in
respect of such officer may, appeal to the Commission
against such order in accordance with rules made by the
Commission from time to time regulating the procedure
and the period fixed for the making and hearing of an
appeal by the Commission.
(3) The Commission shall
have the power to alter, vary, rescind or confirm such
order upon an appeal made under paragraph (1) or
paragraph (2), or to give directions in relation thereto
or to order such further or other inquiry, as to the
Commission shall deem fit.
(4) The Commission shall
from time to time cause to be published in the Gazette,
rules made by it under paragraph (2) of this Article.
(5) Upon any delegation
of its powers to the Inspector-General of Police or a
Committee or police officer under Article 155H and 155J,
the Commission shall not, whilst such delegation is in
force, exercise, perform or discharge its powers, duties
or functions in respect of the categories of police
officers in respect of which such delegation is made,
subject to the right of appeal hereinbefore provided.
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Appeals
to the
Administrative Appeals Tribunal
|
155L.
155L. Any police officer
aggrieved by any order relating to promotion, transfer,
or any order on a disciplinary matter or dismissal made
by the Commission, in respect of such officer, may
appeal there from to the Administrative Appeals Tribunal
established under Article 59, which shall have the power
to alter, vary, rescind or confirm any order or decision
made by the Commission. ]
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Saving of existing rules and
regulations.
|
123[155M. Until the Commission otherwise provides, all
rules, regulations and procedures relating to the Police Force
as are in force on the date of the coming into operation of this
Article, shall continue to be operative and in force.]
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Commission Answerable
to
Parliament
|
155N. 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 in each calendar year a report of its
activities in such year.] |
THE
PARLIAMENTARY COMMISSIONER FOR
ADMINISTRATION
|
Parliamentary Commissioner
for Administration
|
|
156.
|
(1) Parliament shall by
law provide for the establishment of the office of the
Parliamentary Commissioner for Administration
(Ombudsman) charged with the duty of investigating and
reporting upon complaints or allegations of the
infringement of fundamental rights and other injustices
by public officers and officers of public corporations,
local authorities and other like institutions, in
accordance with and subject to the provisions of such
law.
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124[(2) The
Parliamentary Commissioner for Administration
(Ombudsman) shall, subject to the approval of the
Constitutional Council, be appointed by the President
and shall hold office during good behaviour. ]
(3) The salary of the
Parliamentary Commissioner for Administration shall be
determined by Parliament and shall not be diminished
during his term of office.
(4) The office of the
Parliamentary Commissioner for Administration shall
become vacant-
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| |
(a) upon his
death;
(b) on his
resignation in writing addressed to the
President;
(c) on his
attaining the age fixed by law;
(d) on his
removal by the President on account of ill
health or physical or mental infirmity; or
(e) on his
removal by the President on an address of
Parliament. |
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125[(5) Whenever the
Parliamentary Commissioner for Administration is unable
to perform or discharge the duties and functions of his
office, the President shall, subject to the approval of
the Constitutional Council, appoint a person to act in
his place. ] |
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| 126[ CHAPTER XIX A
[46, 19 of 2015] |
COMMISSION TO
INVESTIGATE ALLEGATIONS OF
BRIBERY OR CORRUPTION
|
|
Commission
to investigate
allegations
of bribery
or corruption
|
156A.
(1) Parliament shall by
law provide for the establishment of a Commission to
investigate allegations of bribery or corruption. Such
law shall provide for-
(a) the
appointment of the members of the Commission by
the President on the recommendation of the
Constitutional Council;(b) the powers
of the Commission, including the power to direct
the holding of a preliminary inquiry or the
making of an investigation into an allegation of
bribery or corruption, whether of its own motion
or on a complaint made to it, and the power to
institute prosecutions for offences under the
law in force relating to bribery or corruption;(c) measures to
implement the United Nations Convention Against Corruption and any other international
Convention relating to the prevention of
corruption, to which Sri Lanka is a party.
(2) Until Parliament so
provides, the Commission to investigate Allegations of
Bribery or Corruption Act, No. 19 of 1994 shall apply,
subject to the modification that it shall be lawful for
the Commission appointed under that Act, to inquire
into, or investigate, an allegation of bribery or
corruption, whether on its own motion or on a written
complaint made to it.
|
NATIONAL
PROCUREMENT COMMISSION
|
|
National Procurement
Commission
|
156B.
(1) There shall be a
National Procurement Commission (in this Chapter
referred to as the "Commission") consisting of five
members appointed by the President on the recommendation
of the Constitutional Council, of whom at least three
members shall be persons who have had proven experience
in procurement, accountancy, law or public
administration. The President shall, on the
recommendation of the Constitutional Council, appoint
one member as the Chairman of the Commission.
(2) Every member of the
Commission shall hold office for a period of three years
from the date of appointment, unless such member earlier
resigns from office by a writing addressed to the
President or is removed from office by the President for
causes assigned with the approval of the Constitutional
Council or is convicted by a court of law for an offence
involving moral turpitude or is elected as a member of
Parliament or as a member of a Provincial Council or of
a local authority or if a resolution for the imposition
of a civic disability on him is passed in terms of
Article 81.
(3) The Chairman and
every member of the Commission shall be paid such
allowances as may be determined by a resolution of
Parliament. Such allowances shall be charged on the
Consolidated Fund and shall not be diminished during the
term of office of such Chairman or the member.
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Functions
of the Commission
|
156C.
(1) It shall be the
function of the Commission to formulate fair, equitable,
transparent, competitive and cost effective procedures
and guidelines, for the procurement of goods and
services, works, consultancy services and information
systems by government institutions and cause such
guidelines to be published in the Gazette and within
three months of such publication, to be placed before
Parliament.
(2) Without prejudice to
the generality of paragraph (1), it shall be the
function of the Commission to,-
(a) monitor and
report to the appropriate authorities, on
whether all procurement of goods and services,
works, consultancy services and information
systems by government institutions are based on
procurement plans prepared in accordance with
previously approved action plans;(b) monitor and
report to the appropriate authoritieson whether
all qualified bidders for the provision of goods
and services, works, consultancy services and
information systems by government institutions
are afforded an equal opportunity to participate
in the bidding process for the provision of
those goods and services, works, consultancy
services and information systems;(c) monitor and
report to the appropriate authorities on whether
the procedures for the selection of contractors,
and the awarding of contracts for the provision
of goods and services, works, consultancy
services and information systems to government
institutions, are fair and transparent;(d) report on
whether members of procurement Committees and
Technical Evaluation Committees relating to the
procurements, appointed by government
institutions are suitably qualified; and(e) investigate
reports of procurements made by government
institutions outside established procedures and
guidelines, and to report the officers
responsible for such procurements to the
relevant authorities for necessary action.
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Powers
of the Commission
|
156D.
(1) The Commission may,
by Notice in writing, require any person to,-
(a) attend
before the Commission, to be questioned by the
Commission;(b) produce to
the Commission, any document or thing in the
possession or control of that person and
specified in such Notice.
(2) Every person who-
(a) fails,
without reasonable cause to appear before the
Commission when required to do so by a Notice
sent to him under paragraph (1);(b) appears
before the Commission in compliance with such a
Notice, but refuses without reasonable cause, to
answer any questions put to him by the
Commission; or(c) fails or
refuses, without reasonable cause, to produce
any document or thing which he was required to
produce by a Notice sent to him under paragraph
(1),
shall be guilty of an
offence and shall on conviction be liable to a fine not
exceeding one hundred thousand rupees or to imprisonment
for a term not exceeding seven years, or to both such
fine and imprisonment.
(3) Every High Court
established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter
referred to in paragraph (2).
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|
Meetings
of the Commission
|
156E.
(1) The Commission shall
meet as often as may be necessary for the discharge of
its functions.
(2) The Chairman shall
preside at all meetings of the Commission. In the
absence of the Chairman from any meeting of the
Commission, the members present shall elect a Chairman
for that meeting, from among themselves.
(3) The quorum for any
meeting of the Commission shall be three.
(4) Decisions of the
Commission shall be by the majority vote 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 member presiding at the meeting shall have a
casting vote.
(5) Subject to the
preceding provisions of this Article, the Commission may
determine the procedure with regard to its meetings and
the transaction of business at such meetings.
(6) The Commission shall
have the power to act notwithstanding any vacancy in the
membership of the Commission, and no act, proceeding or
decision of the Commission shall be invalid or deemed to
be invalid, by reason only of such vacancy or defect in
the appointment of a member.
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Staff of the Commission
|
156F.
(1) the Commission shall
appoint a Secretary-General and such other officers as
it may consider necessary for the proper discharge of
its functions, on such terms and conditions as may be
determined by the Commission.
(2) All members and
officers of the Commission shall be deemed to be public
servants within the meaning, and for the purposes of,
Chapter IX of the Penal Code.
(3) No suit, prosecution
or other proceeding shall lie against 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.
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|
Expenses
of the Commission
to be charged on the Consolidated Fund
|
156G. The expenses of the Commission shall be charged
on the Consolidated Fund. |
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Interpretation
|
156H. In this Chapter, "government institution"
includes a Ministry, a government department, a public
corporation, a local authority, any business or other
undertaking vested in the Government and a Company registered or
deemed to be registered under the Companies Act, No 7 of 2007,
in which the Government, a public corporation or any local
authority holds more than fifty per centum of the shares. ]
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|
International Treaties and
Agreements
|
157. Where Parliament by resolution passed by not
less than two-thirds of the whole number of Members of
Parliament (including those not present) voting in its favour,
approves as being essential for the development of the national
economy, any Treaty or Agreement between the Government of Sri
Lanka and the Government of any foreign State for the promotion
and protection of the investments in Sri Lanka of such foreign
State, its nationals, or of corporations, companies and other
associations incorporated or constituted under its laws, such
Treaty or Agreement shall have the force of law in Sri Lanka and
otherwise than in the interests of national security no written
law shall be enacted or made, and no executive or administrative
action shall be taken, in contravention of the provisions of
such Treaty or Agreement.
|
Prohibition against
violation of territorial integrity of
Sri Lanka
|
127
[157A.
(1) No person shall,
directly or indirectly, in or outside Sri Lanka,
support, espouse, promote, finance, encourage or
advocate the establishment of a separate State within
the territory of Sri Lanka.
(2) No political party
or other association or organization shall have as one
of its aims or objects the establishment of a separate
State within the territory of Sri Lanka.
(3) Any person who acts
in contravention of the provisions of paragraph (1)
shall, on conviction by the Court of Appeal, after trial
on indictment and according to such procedure as may be
prescribed by law,-
(a) be subject
to civic disability for such period not
exceeding seven years as may be determined by
such Court;
(b) forfeit his
movable and immovable property other than such
property as is determined by an order of such
Court as being necessary for the sustenance of
such person and his family;
(c) not be
entitled to civic rights for such period not
exceeding seven years as may be determined by
such Court; and
(d) if he is a
Member of Parliament or a person in such service
or holding such office as is referred to in
paragraph (1) of Article 165, cease to be such
Member or to be in such service or to hold such
office.
(4) Where any political
party or other association or organization has as one of
its aims or objects the establishment of a separate
State within the territory of Sri Lanka, any person may
make an application to the Supreme Court for a
declaration that such political party or other
association or organization has as one of its aims or
objects the establishment of a separate State within the
territory of Sri Lanka. The Secretary or other officer
of such political party or other association or
organization shall be made a respondent to such
application.
(5) Where the Supreme
Court makes a declaration under paragraph (4) in
relation to any political party or other association or
organization, in pursuance of an application made to it
under that paragraph -
(a) that
political party or other association or
organization shall be deemed, for all purposes
to be prescribed and any member of such
political party or other association or
organization, who is a Member of Parliament
shall be deemed to have vacated his seat in
Parliament with effect from the date of such
declaration, and any nomination paper submitted
by such political party or other association or
organization shall be deemed for all purposes to
be invalid;(b) any person
who holds office or is a member of that
political party or other association or
organization, shall be guilty of an offence and
shall, on conviction, by the Court of Appeal
after trial on indictment and according to such
procedure as may be prescribed by law -
(i) be
subject to civic disability for such
period not exceeding seven years as may
be determined by such Court;
(ii)
forfeit his movable and immovable
property other than such property as is
determined by an order of such Court as
being necessary for the sustenance of
such person and his family;
(iii)
not be entitled to civic rights for such
period not exceeding seven years as may
be determined by such Court;
(iv) if
he is a Member of Parliament or a person
in such service or holds such office as
is referred to in paragraph (1) of
Article 165, cease to be such Member or
to be in such service or hold such
office.
(6) The execution of any
punishment imposed under paragraph (3) or sub-paragraph
(b) of paragraph (5) shall not be stayed or suspended
pending the determination of any appeal against such
punishment or the conviction in consequence of which
such punishment was imposed.
(7) Every officer or
person who was or is required by, Article 32 or Article
53, Article 61 or Article 107 or Article 165 or Article
169 (12), to take and subscribe or to make and subscribe
an oath or affirmation, every member of, or person in
the service, of a local authority, Development Council,
Pradeshiya Mandalaya, Gramodaya Mandalaya or Public
Corporation and every Attorney-at-law shall -
(a) if such
officer or person is holding office on the date
of coming into force of this Article, make and
subscribe, or take and subscribe, an oath or
affirmation in the form set out in the Seventh
Schedule, before such person or body if any, as
is referred to in that Article, within one month
of the date on which this Article comes into
force;
(b) if such
person or officer is appointed to such office
after the coming into force of this Article,
make and subscribe or take and subscribe an oath
or affirmation, in the form set out in the
Seventh Schedule, before such person or body, if
any, as is referred to in that Article, within
one month of his appointment to such office.
The provisions of
Article 165 and Article 169 (12) shall mutatis mutandis,
apply to, and in relation to, any person or officer who
fails to take and subscribe, or make and subscribe an
oath or affirmation as required by this paragraph.
(8) (a) Every person
who is a Member of Parliament on the coming into
force of this Article shall not be entitled to
sit and vote in Parliament unless he takes and
subscribes or makes and subscribes an oath or
affirmation in the form set out in the Seventh
Schedule.
(b) Every person
who is elected or nominated as a Member of
Parliament on or after the coming into force of
this Article shall not be entitled to sit and
vote in Parliament unless he takes and
subscribes or makes and subscribes an oath or
affirmation in the form set out in the Seventh
Schedule.
(9) No person who has
taken and subscribed or made and subscribed an oath or
affirmation in the form set out in the Seventh Schedule
shall, notwithstanding any provision to the contrary in
the Constitution, be required to take and subscribe or
make and subscribe any other oath or affirmation
required to be taken and subscribed or made and
subscribed under the Constitution.
(10) Parliament may, by
resolution, determine such other categories of persons
or officers to whom the provisions of paragraph (7)
shall apply and thereupon, the provisions of such
paragraph shall, mutatis mutandis, apply to, and in
relation to, officers or persons of that category.
(11) The jurisdiction of
the Court of Appeal in respect of its powers under this
Article shall be exercised in the manner provided in
sub-paragraph (iv) of the proviso to paragraph (2) of
Article 146.
(12) In this Article,
"civic rights" means -
(a) the right to
obtain a passport;
(b) the right to
sit for any public examination;
(c) the right to
own any immovable property;
(d) the right to
engage in any trade or profession which requires
a licence, registration or other authorization,
by or under any written law. ]
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Delegation
|
158. Where any person is empowered under the
provisions of the Constitution to delegate any power, duty or
function to any other person, such person delegating such power,
duty or function may, notwithstanding such delegation, exercise,
perform or discharge such power, duty or function and may at any
time revoke such delegation.
In this Article, "person" includes
any body of persons or any authority.
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Deputy
Speaker
to act for
Speaker
|
159. Where the Speaker is unable to discharge the
functions of his office, the powers, duties and functions
conferred or imposed on, or assigned to, the Speaker by any
Provision of the Constitution, other than by Articles 31(4), 37,
38(2) (b), 39(2) and 40, may be exercised, performed or
discharged by the Deputy Speaker.
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1 - Substituted by Seventh Amendment to the Constitution Sec.
2(a) for twenty four.
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2 - Substituted by Seventh
Amendment to the Constitution Sec. 2(b) for "territorial
waters".
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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.
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| |
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".
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| |
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.
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| |
10 - Original para (1) repealed and
substituted by the Sixteenth Amendment to the Constitution Sec.
4(1).
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| |
11 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(2) for "in either of the
National Languages".
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| |
12 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(3)(a) for "the appropriate
National Language."
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| |
13 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(3)(b) for "either of the
National Languages."
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| |
14 - Inserted by the Sixteenth
Amendment to the Constitution Sec. 5
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| |
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)
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| |
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
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23 - Original para (4) repealed and
substituted by the Third Amendment to the Constitution Sec.
2(2).
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| |
24 - substituted by the Eighteenth
Amendment to the Constitution Sec 3.(1)
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| |
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
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| |
29 - Substituted by the Third
Amendment to the Constitution Sec(3) for '"one month".
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| |
30 - Chapter VII A was substituted
by the Nineteenth Amendment to the Constitution Sec. 8
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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
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33 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
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| |
34 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
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| |
35 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
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| |
36 - Original Article 55 repealed
and substituted by the Eighteenth Amendment to the Constitution
Sec.8
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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
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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,
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40 - Substituted by the Nineteenth
Amendment to the Constitution Sec.14
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41 - Article 62(1) repealed and
substituted by the Fourteenth Amendment to the Constitution
Sec.3.
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42 - Article 62(2) repealed and
substituted by the Nineteenth Amendment to the Constitution
Sec.15
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43 - Substituted by the Nineteenth
Amendment to the Constitution Sec.16 (1)
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| |
44 - Substituted by the Nineteenth
Amendment to the Constitution Sec.16 (2)
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45 - Substituted by the Nineteenth
Amendment to the Constitution Sec.17
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46 - Substituted by the Nineteenth
Amendment to the Constitution Sec.18
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47 - Substituted by the Fourteenth
Amendment to the Constitution Sec.4 for "duly approved by the
People at a Referendum".
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48 - Article 85(2) was repealed by
the Nineteenth Amendment to the Constitution Sec.19
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| |
49 - Substituted by the Seventeenth
Amendment to the Constitution Sec.6 for "Article 116".
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| |
50 - Inserted by the Seventeenth
Amendment to the Constitution Sec.7(1)
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| |
51 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20
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52- Substituted for (vii), (viii),
(ix), (x) by Sec. (2) of the Ninth Amendment to the
Constitution.
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| |
53 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "a public officer
holding any office"
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| |
54 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "a public officer
holding any office"
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| |
55 - Inserted by Sec. 7(4) of the
Seventeenth Amendment to the Constitution
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56 - Substituted for (vii), (viii),
(ix), (x) by Sec. (2) of the Ninth Amendment to the
Constitution.
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| |
57 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20
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58 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "thirty"
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| |
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.
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| |
60 - Substituted by the Seventh
Amendment to the Constitution Sec.3 for "Twenty Four"'
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| |
61 - Inserted by the Fourteenth
Amendment to the Constitution Sec.5; and repealed by the
Fourteenth Amendment to the Constitution Sec.2
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| |
62 - Amended by the Fourteenth
Amendment to the Constitution Sec. (b) and by the Fifteenth
Amendment to the Constitution Sec. (3).
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| |
63 - Original Article 99 repealed
and replaced by the Fourteenth Amendment to the Constitution
Sec. (7).
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64 - Substituted by the Fifteenth
Amendment to the Constitution Sec. 4(1) for "less than one
eighth of the total votes".
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| |
65 - 99(14) Repealed by the
Fifteenth Amendment to the Constitution Sec. 4(2).
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66 - Inserted by the Fourteenth
Amendment to the Constitution Sec. 8.
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67 - Inserted by the Fifteenth
Amendment to the Constitution Sec. 5.
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| |
68 - Substituted by the Sixth
Amendment to the Constitution Sec. 2 for "by election or
otherwise".
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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.
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70 - New Chapter XIVA inserted by
the Seventeenth Amendment to the Constitution Sec. 9.
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| |
71 - substituted by the Nineteenth
Amendment to the Constitution Sec. 22
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| |
72 - substituted by the Nineteenth
Amendment to the Constitution Sec. 22
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| |
73 - substituted by the Nineteenth
Amendment to the Constitution Sec. 23
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| |
74 - substituted by the Nineteenth
Amendment to the Constitution Sec. 24
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| |
75 - Inserted by the Nineteenth
Amendment to the Constitution Sec. 25
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| |
76 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 26
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| |
77 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 27
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| |
78 - Original para. (1) substituted
by Sec. 2 of the Eleventh Amendment to the Constitution.
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79 - Original para. (2) substituted
by Sec 12(1) of the Seventeenth Amendment to the Constitution.
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80 - Inserted by the Seventeenth
Amendment to the Constitution Sec 12(2)
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81 - Inserted by Sec. 4 of the
Seventh Amendment to the Constitution
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| |
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
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| |
83 - Inserted by Sec. 14 of the
Seventeenth Amendment to the Constitution
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| |
84 - Orginal Article 116 renumbered
as Article 111C by the Seventeenth Amendment to the
Constitution. Sec. 15
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| |
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"
|
| |
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.
|
| |
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"
|
| |
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"
|
| |
121 - Repealed by the Nineteenth
Amendment to the Constitution Sec.42
|
| |
122 - Inserted by the Nineteenth
Amendment to the Constitution Sec.43
|
| |
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
|
| |
125 - Substituted by the Nineteenth
Amendment to the Constitution Sec.45
|
| |
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.
|
| |
136- Inserted by the Eighth
Amendment to the Constitution Sec. 4.
|
| |
137 - Substituted by the
Seventeenth Amendment to the Constitution Sec. 22(1) for "Other
than in Article 114".
|
| |
138 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 47
|
| |
139 - Substituted by the Thirteenth
Amendment to the Constitution Sec. 6 for the words "and includes
orders."
|
| |
140- Inserted by the Seventh
Amendment to the Constitution Sec.5
|
| |
141- Substituted by the Eleventh
Amendment to the Constitution Sec. 7 for "Fiscals."
|
| |
142 - Inserted by the Sixth
Amendment to the Constitution Sec.5
|
| |
143 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7
|
| |
144 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7
|
| |
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
|
| |
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"
|
| |
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".
|
| |
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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