
THE CONSTITUTION
OF THE
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
(As amended up to
29th October 2020)
Revised Edition – 2021
Published by the Parliament Secretariat
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 Twentieth Amendment to the Constitution. The footnotes below
the text indicate the particular Amendments to the Constitution by
which such Amendments have been made
SVASTIThe 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 Peoples 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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CHAPTER XVII
FINANCE |
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.
(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.
(2) The Minister in charge of the subject of Finance, if
satisfied –
(a) that there is need for any such expenditure; and
(b) that no provision for such expenditure exists,
may, with the consent of the President, authorize
provision to be made therefore by an advance from the
Contingencies Fund.
(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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Auditor-General [32, 0 of 2020]
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153.
115[(1) There shall be an Auditor-General who shall
be a qualified Auditor, and who shall subject to the provisions
of Article 41A, be appointed by the President. The AuditorGeneral shall hold office during good behaviour.]
(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.
(3) The office of the Auditor-General shall become
vacant -
(a) upon his death;
(b) on his resignation in writing addressed to the
President;
(c) on his attaining the age of sixty years;
(d) on his removal by the President on account of ill
health or physical or mental infirmity; or
(e) on his removal by the President upon an address
of Parliament.
116[(4) Whenever the Auditor-General is unable to discharge
the functions of his office, the President may, subject to the
provisions of Article 41A , appoint a qualified auditor to act in the
place of the Auditor-General.]
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117[33-40, 0 of 2020]
[153A. Repealed
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153B. Repealed
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153C. Repealed
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153D. Repealed
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153E. Repealed
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153F. Repealed
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153G. Repealed
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153H. Repealed]
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Duties and
functions of
Auditor-General [36, 19 of 2015] [41, 0 of 2020] [36, 19 of 2015]
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154.
118[(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, 119[the
Office of the Secretary to the Cabinet of Ministers, the Offices of
the Ministers appointed under Article 44 or 45, the Judicial
Service Commission, the Parliamentary Council, the
Commissions referred to in Schedule I to Article 41A, the
Provincial Public Service Commissions, 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.]
(2) Notwithstanding the provisions of paragraph (1)
of this Article, the Minister in charge of any such 120[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 121[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 120[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.
(3) The Auditor-General shall also perform and
discharge such duties and functions as may be prescribed
by Parliament by law.
(4)
(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.
(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 –
(i) a person not being an employee of the
department, body or authority the accounts
of which are being audited, or
(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,
and such person or institution shall act under his direction and
control.
(5)
(a) The Auditor-General or any person authorized by
him shall in the performance and discharge of his duties and
functions be entitled –
(i) to have access to all books, records, returns
and other documents;
(ii) to have access to stores and other property;
and
(iii) to be furnished with such information
and explanations as may be necessary for the
performance of such duties and functions.
(b) Every qualified auditor appointed to audit the
accounts of 121[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 121
[public corporation, business other undertaking or a company
referred to in paragraph (1).]
(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.
(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.
(8) In this Article, “qualified auditor” means –
(a) an individual who, being a member of the Institute
of Chartered Accountants of Sri Lanka, or of any
other Institute established by law, possesses a
certificate to practise as an Accountant issued by
the Council of such Institute; or
(b) 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.
122[(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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123[4, 13 of 1987]
[CHAPTER XVII A
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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.
(1) There shall be a Governor for each Province for
which a Provincial Council has been established in accordance
with Article 154A.
(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.
(3) The Governor may, by writing addressed to the
President, resign his office.
(4)
(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 –
(i) has intentionally violated the provisions
of the Constitution;
(ii) is guilty of misconduct or corruption
involving the abuse of the powers of his
office; or
(iii) is guilty of bribery or an offence
involving moral turpitude,
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.
(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.
(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.
(7) Upon such 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.
(8)
(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.
(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:
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.
(10)
(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 dispatch consider any matter
required by the message to be taken into consideration.
(11) It shall be the duty of the Chief Minister of
every Province –
(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.
(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.
(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”).
(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 -
(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
(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.
(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 –
(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
(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:
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.
(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.
(5)
(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.
(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.
(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 |
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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 –
(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;
(b) declare that the powers of the Provincial
Council shall be exercisable by, or under the
authority of Parliament;
(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:
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.
|
Parliament
to confer powers of
Provincial Council
to President
|
|
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.
|
Financial
instability |
|
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.
(2) A Proclamation issued under paragraph (1) –
(a) may be revoked or varied by a subsequent
Proclamation;
(b) shall be laid before Parliament;
(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:
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.
|
High Court |
|
154P.
(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 –
(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.
(4) Every such High Court shall have jurisdiction to issue, according to law –
(a) orders in the nature of habeas corpus, in respect
of persons illegally detained within the Province;
and
(b) order in the nature of writs of certiorari,
prohibition, procedendo, mandamus and quo
warranto against any person exercising, within
the Province, any power under –
(i) any law; or
(ii) any statutes made by the Provincial Council established for that Province,
in respect of any matter set out in the Provincial Council
List.
(5) The Judicial Service Commission may delegate to
such High Court, the power to inspect and report on, the
administration of any Court of First Instance within the
Province.
(6) subject to the provisions of the Constitution and any
law, any person aggrieved by a final order, judgement or
sentence of any such Court, in the exercise of its jurisdiction
under paragraphs (3)(b) or (3)(c) or (4) may appeal there from
to the Court of Appeal in accordance with Article 138.
|
Functions,
powers, election,
&c. of Provincial
Councils |
|
154Q. Parliament shall by law provide for –
(a) the election of members of Provincial Councils
and the for qualification membership of such
Councils;
(b) the procedure for transaction of business by
every such Council;
(c) the salaries and allowances of members of
provincial Councils; and
(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.
|
Finance
Commission [42, 0 of 2020]
|
|
154R.
(1) There shall be a Finance Commission
consisting of –
(a) the Governor of the Central Bank of Sri Lanka;
(b) the Secretary to the Treasury; and
124[(c) three other members appointed by the President,
subject to the provisions of Article 41A, 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.]
(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 –
(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.
(5) The Commission shall formulate such principles
with the objective of achieving balanced regional development
in the country, and shall accordingly take into account –
(a) the population of each Province;
(b) the per capita income of each Province;
(c) the need, progressively, to reduce social and economic disparities; and
(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.
(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.
|
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.
|
Transitional
measures |
|
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.]
|
|
|
CHAPTER XVIII
PUBLIC SECURITY |
Public Security [5, 13 of 1987] [2, 10 of 1986]
|
|
155.
(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.
125[(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–
(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.
(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:
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,
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.
126[Repealed]
127[(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.
127[(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
128[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.
|
|
|
129 [20, 17 of 2001]
[CHAPTER XVIII A
NATIONAL POLICE COMMISSION |
Constitution of
the National
Police
Commission [43, 0 of 2020]
|
|
155A.
130[(1) There shall be a National Police Commission
(in this Chapter referred to as the “Commission”) consisting
of not less than five members and not more than seven members
appointed by the President subject to the provisions of
Article 41A. The President shall appoint one member as the
Chairman of the Commission.]
(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.
131[(4) Every member of the Commission shall hold office
for a period of three years from the date of his appointment,
unless he becomes subject to any disqualification under
paragraph (2) of this Article, or earlier resigns from his office by
writing addressed to the President or is removed from office by
the President, or is convicted by a court of law of any offence
involving moral turpitude or if a resolution for the imposition of
civic disability upon him has been passed in terms of Article 81
or is deemed to have vacated 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.
|
Meetings of the
Commission [44, 0 of 2020]
|
|
155B.
(1) The quorum for a meeting of the Commission
shall be 132[five] 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.
(5) 133[Repealed]
|
Immunity from
legal
proceedings [45, 0 of 2020]
|
|
155C.
Subject to the jurisdiction conferred on the
Supreme Court 134[under paragraph (1) of Article 126], 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.
|
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.
|
Costs and
expenses [46, 0 of 2020]
|
|
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, 135[directly or indirectly by himself
or by or with any other person, in any manner whatsoever
influences or attempts to influence or interferes with any
decision of the Commission or a Committee or to so influence
any member of the Commission or a Committee shall be guilty]
of an offence and shall on conviction be liable to a fine not
exceeding one hundred thousand rupees or to imprisonment for
a term not exceeding seven years, or to both such fine and
imprisonment.
(2) A High Court established under Article 154P of the
Constitution shall have jurisdiction to hear and determine any
matter referred to in paragraph (1).
|
Powers of the
Commission [47, 0 of 2020] [27, 18 of 2010]
|
|
136[155FF. The Commission shall be empowered to
entertain and investigate complaints from members of the
public or any aggrieved person against a police officer or the
police force, and shall provide redress in accordance with the
provisions of any law enacted by Parliament. For this purpose
the Commission may make rules to establish procedures for
entertaining and investigating complaints from members of the
public or any aggrieved person.]
|
Commission to
make rules |
|
137[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.]
|
|
|
138[48-52, 0 of 2020]
[155G. Repealed
|
|
|
155H. Repealed
|
|
|
155J. Repealed
|
|
|
155K. Repealed
|
|
|
155L. Repealed]
|
Saving of
existing rules
and regulations [53, 0 of 2020]
|
|
139[155M. All rules, regulations and procedures in force
on the date of the commencement of this Article relating to
police officers shall be deemed to continue to be operative, until
rules, regulations and procedures are made hereunder by the
Public Service Commission.]
|
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.]
|
|
|
CHAPTER XIX
THE PARLIAMENTARY COMMISSIONER
FOR ADMINISTRATION
|
Parliamentary
Commissioner for
Administration [54, 0 of 2020]
|
|
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.
140[(2) The Parliamentary Commissioner for Administration
shall, subject to the provisions of Article 41A, 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 –
(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.
141[(5) Whenever the Parliamentary Commissioner for
Administration is unable to perform and discharge the duties and functions of his office, the President shall, subject
to the provisions of Article 41A, appoint a person to act in his place.]
|
|
|
142[55, 0 of 2020] [CHAPTER XIX A
Commission to Investigate Allegations of
Bribery or Corruption]
Article 156A - Repealed |
|
|
143 [56, 0 of 2020] [CHAPTER XIX B
National Procurement Commission]
Articles 156B to 156H - Repealed |
|
|
CHAPTER XX
GENERAL |
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 [3, 6 of 1983]
|
|
144[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 |
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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 |
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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 the Seventh Amendment to the Constitution Sec. 2(a) for "twenty four"
2 - Substituted by the Seventh Amendment to the Constitution Sec. 2(b) for "territorial waters".
3 - Inserted by the Nineteenth Amendment to the Constitution Sec. 2.
4 - Renumbered as paragraph (1)by the Thirteenth Amendment to the Constitution Sec. 2(a).
5 - Inserted by the Thirteenth Amendment to the Constitution Sec. 2(b).
6 - Substituted by the Sixteenth Amendment to the Constitution Sec. 2(1) for “or a Member of a Local Authority”.
7 - Substituted by the Sixteenth Amendment to the Constitution Sec. 2(2) for “or in such Local Authority”.
8 - Article 22 substituted by the Sixteenth Amendment to the Constitution Sec. 3
9 - Article 23 substituted by the Sixteenth Amendment to the Constitution Sec. 3.
10 - Article 24(1) substituted by the Sixteenth Amendment to the Constitution Sec. 4(1).
11 - Substituted by the Sixteenth Amendment to the Constitution Sec. 4(2) for “in either of the National Languages”.
12 - Substituted by the Sixteenth Amendment to the Constitution Sec. 4(3) (a) for “the appropriate National Language”.
13 - Substituted by the Sixteenth Amendment to the Constitution Sec. 4(3)(b) for “either of the National Languages.”
14 - Substituted by the Sixteenth Amendment to the Constitution Sec. 4(4) for “the use of National Languages.”
15 - Inserted by the Sixteenth Amendment to the Constitution Sec. 5.
16 - Substituted by the Nineteenth Amendment to the Constitution Sec. 3.
17 - Inserted by the Nineteenth Amendment to the Constitution Sec. 4(1).
18 - Inserted by the Third Amendment to the Constitution Sec. 2 (1).
19 - Substituted by the Eighteenth Amendment to the Constitution Sec. 2(2)(a).
20 - Substituted by the Nineteenth Amendment to the Constitution Sec. 4(2)(a)(i) for “commencement of
his current term of office”.
21- Substituted by the Twentieth Amendment to the Constitution Sec. 2 for “by election for a further
term”.
22 - Repealed by the Nineteenth Amendment to the Constitution Sec. 4(2)(a)(ii).
23 - Substituted by the Nineteenth Amendment to the Constitution Sec. 4(2)(b) for “six years”.
24 - Substituted by the Nineteenth Amendment to the Constitution Sec. 4(2)(b) for “six years”.
25 - Substituted by the Third Amendment to the Constitution Sec. 2(2).
26 - Substituted by the Eighteenth Amendment to the Constitution Sec. 3(1).
27 - Inserted by the Eighteenth Amendment to the Constitution Sec. 3(2).
28 - Substituted by the Twentieth Amendment to the Constitution Sec. 3.
29 - Repealed by the Twentieth Amendment to the Constitution Sec. 4.
30 - Article 35 substituted by the Twentieth Amendment to the Constitution Sec. 5.
31 - Substituted by the Third Amendment to the Constitution Sec. 3 for '"one month".
32 - Chapter VII A substituted by the Twentieth Amendment to the Constitution Sec. 6 for “Constitutional Council”.
33 - Chapter VIII substituted by the Twentieth Amendment to the Constitution Sec. 7.
34 - Original Chapter IX substituted by the Seventeenth Amendment to the Constitution Sec. 4.
35 - Substituted by the Twentieth Amendment to the Constitution Sec. 8(1).
36 - Substituted by the Nineteenth Amendment to the Constitution Sec. 10.
37 - Substituted by the Twentieth Amendment to the Constitution Sec. 8(2) for “with the approval of the Constitutional
Council”.
38 - Substituted by the Nineteenth Amendment to the Constitution Sec. 10(3).
39 - Substituted by the Twentieth Amendment to the Constitution Sec. 8(3) for "such period, on the
recommendation of the Constitutional Council”.
40 - Original Article 55 substituted by the Eighteenth Amendment to the Constitution Sec. 8.
41 - Substituted by the Nineteenth Amendment to the Constitution Sec. 11 for "as are specified by the Cabinet of
Ministers”.
42 - Substituted by the Nineteenth Amendment to the Constitution Sec. 12 for "as are specified by the Cabinet of Ministers”.
43 – Substituted by the Nineteenth Amendment to the Constitution Sec. 13 for "Subject to the provisions of Paragraph
(1), (2), (3), (4) and (5) of Article 126”.
44 - Substituted by the Twentieth Amendment to the Constitution Sec. 9 for “the affirmation set out in the Fourth
Schedule to the Constitution”.
45 - Articles 61E and 61F substituted by the Twentieth Amendment to the Constitution Sec. 10.
46 - Substituted by the Fourteenth Amendment to the Constitution Sec. 3.
47 - Substituted by the Nineteenth Amendment to the Constitution Sec. 15.
48 - Substituted by the Twentieth Amendment to the Constitution Sec. 11(1).
49 - Substituted by the Twentieth Amendment to the Constitution Sec. 11(2).
50 - Substituted by the Twentieth Amendment to the Constitution Sec. 12.
51 - Substituted by the Twentieth Amendment to the Constitution Sec. 13(1) for the word “fourteen”.
52 - Inserted by the Twentieth Amendment to the Constitution Sec. 13(2)
53 - Substituted by the Fourteenth Amendment to the Constitution Sec. 4 for “duly approved by the
People at a Referendum”.
54 - Inserted by the Twentieth Amendment to the Constitution Sec. 14 which was repealed by the Nineteenth Amendment
to the Constitution.
55 - Substituted by the Seventeenth Amendment to the Constitution Sec. 6 for "Article 116".
56 - Substituted by the Twentieth Amendment to the Constitution Sec. 15(1).
57 - Sec. (vii) - (xii) substituted for Sec. (vii) - (x) by the Ninth Amendment to the Constitution Sec. 2.
58 - Substituted by the Nineteenth Amendment to the Constitution Sec. 20(2) for "a public officer holding any office".
59 - Substituted by the Nineteenth Amendment to the Constitution Sec. 20(3) for "a public officer holding any office".
60 - Inserted by Sec. 7(4) of the Seventeenth Amendment to the Constitution.
61 - Repealed by the Twentieth Amendment to the Constitution Sec. 15(2) which was inserted by the Nineteenth
Amendment to the constitution.
62 - Substituted by the Twentieth Amendment to the Constitution Sec. 16 for "thirty five".
63 - Inserted by the Nineteenth Amendment to the Constitution Sec. 20, which was repealed by the Eighteenth
Amendment to the Constitution.
64 - Substituted by the Twentieth Amendment to the Constitution Sec. 17 for “paragraph (1) of this
Article”.
65 - Substituted by the Seventh Amendment to the Constitution Sec. 3 for "Twenty Four"
66 - Repealed by the Fifteenth Amendment to the Constitution Sec. 2 which was inserted by the Fourteenth
Amendment to the Constitution.
67 - Substituted by the Fourteenth Amendment to the Constitution Sec. 6 and by the Fifteenth
Amendment to the Constitution Sec. 3.
68 - Substituted by the Fourteenth Amendment to the Constitution Sec. 7.
69 - Substituted by the Fifteenth Amendment to the Constitution Sec. 4(1) for "less than one eighth of the
total votes".
70 - Article 99(14) Repealed by the Fifteenth Amendment to the Constitution Sec. 4(2).
71 - Article 99A inserted by the Fourteenth Amendment to the Constitution Sec. 8.
72 - Inserted by the Fifteenth Amendment to the Constitution Sec. 5.
73 - Substituted by the Sixth Amendment to the Constitution Sec. 2 for "by election or otherwise".
74 - Repealed by the Seventeenth Amendment to the Constitution Sec. 8 and new Chapter XIV A
"Election Commission" is inserted by Sec. 9.
75 - New Chapter XIVA (Articles 103-104J) inserted by the Seventeenth Amendment to the Constitution Sec. 9.
76 - Substituted by the Twentieth Amendment to the Constitution Sec. 18(1).
77 - Substituted by the Twentieth Amendment to the Constitution Sec. 18(2).
78 - Substituted by the Nineteenth Amendment to the Constitution Sec. 23 for paras (4),(4a) and (5).
79 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(1).
80 - Inserted by the Twentieth Amendment to the Constitution Sec. 19(2).
81 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(3).
82 - Substituted by the Twentieth amendment to the Constitution Sec. 20(1).
83 - Substituted by the Twentieth amendment to the Constitution Sec. 20(2) for “Sixty five”.
84 - Inserted by the Nineteenth Amendment to the Constitution Sec. 25.
85 - Substituted by the Twentieth Amendment to the Constitution Sec. 21.
86 - Substituted by the Twentieth Amendment to the Constitution Sec. 22.
87 - Substituted by the Eleventh Amendment to the Constitution Sec. 2.
88 - Substituted by the Seventeenth Amendment to the Constitution Sec. 12(1).
89 - Inserted by the Seventeenth Amendment to the Constitution Sec. 12(2).
90 - Inserted by the Seventh Amendment to the Constitution Sec. 4.
91 - Substituted by the Seventeenth Amendment to the Constitution Sec. 13 for the words “the president
may, by warrant, appoint”.
92 - Inserted by the Seventeenth Amendment to the Constitution Sec. 14.
93 - Article 116 renumbered as article 111C by the Seventeenth Amendment to the Constitution Sec. 15.
94 - Chapter XV A, Articles 111D to 111M, inserted by the Seventeenth Amendment to the Constitution
Sec. 16.
95 - Substituted by the Nineteenth Amendment to the Constitution Sec. 28.
96 - Substituted by the Twentieth Amendment to the Constitution Sec. 23 for “subject to the approval of
the Constitutional Council”.
97 - Substituted by the Twentieth Amendment to the Constitution Sec. 24.
98 - Articles 112, 113, 113A, 114, 115 and 117 repealed by the Seventeenth Amendment to the
Constitution Sec. 17.
99 - Renumbered as Article 111C by the Seventeenth Amendment to the Constitution Sec. 15.
100 - Substituted by the Twentieth Amendment to the Constitution Sec. 25 for “ten”.
101 - Inserted by the Twentieth Amendment to the Constitution Sec. 26.
102 - Inserted by the Twentieth Amendment to the Constitution Sec. 27.
103 - Substituted by the Twentieth Amendment to the Constitution Sec. 28 for the figures “120 & 121”.
104 - Inserted by the Twentieth Amendment to the Constitution Sec. 29.
105 - Marginal note substituted by the Fourteenth Amendment to the Constitution Sec. 9(3) for "election petitions".
106 - Substituted by the Fourteenth Amendment to the Constitution Sec. 9(1) for "election of the President".
107 - Substituted by the Fourteenth Amendment to the Constitution Sec. 9(2) for "election of the President shall be"
108 - Substituted by the Twentieth Amendment to the Constitution Sec. 30 for the figures "121 & 125".
109 - Words "and the appointment of senior Attorneys-at-law" omitted by the Eighth Amendment to the Constitution Sec. 3.
110 - Substituted by the Twentieth Amendment to the Constitution Sec. 31 for the word “eleven”.
111 - Substituted by the Thirteenth Amendment to the Constitution Sec. 3(a) for "committed by any Court of First Instance”.
112 - Substituted by the Thirteenth Amendment to the Constitution Sec. 3(b) for "of which such Court of First Instance”
113 - Inserted by the First Amendment to the Constitution Sec. 2 w. e. f. 7th September 1978.
114 - Substituted by the Eleventh Amendment to the Constitution Sec. 6.
115 - Substituted by the Twentieth Amendment to the Constitution Sec. 32(1).
116 - Substituted by the Twentieth Amendment to the Constitution Sec. 32(2).
117 - Articles 153A to 153H Repealed by the Twentieth Amendment to the Constitution Sec. 33-40.
118 - Substituted by the Nineteenth Amendment to the Constitution Sec. 36.
119 - Substituted by the Twentieth Amendment to the Constitution Sec. 41.
120 - Substituted by the Nineteenth Amendment to the Constitution Sec. 36(2) for the words “public corporation or
business or other undertaking”.
121 - Substituted by the Nineteenth Amendment to the Constitution Sec. 36(3) for the words "any public corporation
or business or other undertaking”
122 - Inserted by the Nineteenth Amendment to the Constitution Sec. 36(4).
123 - Chapter XVIIA inserted by the Thirteenth Amendment to the Constitution Sec. 4.
124 - Substituted by the Twentieth Amendment to the Constitution Sec. 42 .
125 - Inserted by the Thirteenth Amendment to the Constitution Sec. 5.
126 - Paras (8) and (9) repealed by the Tenth Amendment to the Constitution Sec.2(1).
127 - Paras (10) & (11) renumbered as (8) & (9) by the Tenth Amendment to the Constitution Sec. 2(2).
128 - Substituted by the Tenth Amendment to the Constitution Sec. 2(3) for “contained in paragraph (6),
(7), (8) or (9) of this Article”.
129 - New Chapter XVIIIA inserted by the Seventeenth Amendment to the Constitution Sec. 20.
130 - Substituted by the Twentieth Amendment to the Constitution Sec. 43 (1).
131 - Substituted by the Twentieth Amendment to the Constitution Sec. 43(2).
132 - Substituted by the Twentieth Amendment to the Constitution Sec. 44(1) for “four”.
133 - Repealed by the Twentieth Amendment to the Constitution Sec. 44(2).
134 - Substituted by the Twentieth Amendment to the Constitution Sec. 45.
135 - Substituted by the Twentieth Amendment to the Constitution Sec. 46.
136 - Inserted by the Twentieth Amendment to the Constitution Sec. 47, which was originally inserted
by Eighteenth Amendment to the Constitution and repealed by the Nineteenth amendment to the
Constitution.
137 - Inserted by the Eighteenth Amendment to the Constitution Sec. 27.
138 - Repealed by the Twentieth Amendment to the Constitution Sec.48 - 52.
139 - Substituted by the Twentieth Amendment to the Constitution Sec. 53.
140 - Substituted by the Twentieth Amendment to the Constitution Sec. 54(1).
141- Substituted by the Twentieth Amendment to the Constitution Sec. 54(2).
142 - Chapter XIXA repealed by the Twentieth Amendment to the Constitution Sec. 55.
143 - Chapter XIXB repealed by the Twentieth Amendment to the Constitution Sec. 56.
144 - Article 157A inserted by the Sixth Amendment to the Constitution Sec. 3.
145 - Substituted by the Third Amendment to the Constitution Sec. 4 for “shall hold office”
146 - Substituted by the Second Amendment to the Constitution Sec 2.
147 - Substituted by the Sixth Amendment to the Constitution Sec 4(1) for "to fill such vacancy. Upon receipt of such
nomination, the Commissioner".
148 - Inserted by the Fifth Amendment to the Constitution Sec. 2(b).
149 - Substituted by the Sixth Amendment to the Constitution, Sec. 4(2)(a), for “within thirty days of
his being required to do so”.
150 - Substituted by the Sixth Amendment to the Constitution Sec. 4(2)(b), for “vacancy, then the
Commissioner of Elections”.
151 - Inserted by the Sixth Amendment to the Constitution Sec. 4(3)
152 - Substituted by the Fourth Amendment to the Constitution Sec. 2.
153 - Inserted by the Eighth Amendment to the Constitution Sec. 4.
154 - Substituted by the Seventeenth Amendment to the Constitution Sec. 22(1) for "other than in Article 114".
155 - Substituted by the Twentieth Amendment to the Constitution Sec. 57.
156 - Substituted by the Thirteenth Amendment to the Constitution Sec. 6 for the words "and includes
orders".
157 - Inserted by the Seventh Amendment to the Constitution Sec. 5(a) and renumbered by Sec. 5(b)
158 - Substituted by the Eleventh Amendment to the Constitution Sec. 7 for “Fiscals.”
159 - Inserted by the Sixth Amendment to the Constitution Sec. 5.
160 - Inserted by the Thirteenth Amendment to the Constitution Sec. 7.
161 - Inserted by the Thirteenth Amendment to the Constitution Sec. 7.
162 - Substituted by the Seventeenth Amendment to the Constitution Sec. 23(1)
163 - Substituted by the Seventeenth Amendment to the Constitution Sec. 23(2) for "will be referred to the President”.
164 - Substituted by the Seventeenth Amendment to the Constitution Sec. 23(3), for “with the approval of the President”.
165 - 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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