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

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 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

CHAPTER I

THE PEOPLE, THE STATE AND SOVEREIGNTY
 

4. The Sovereignty of the People shall be exercised and enjoyed in the following manner:–

(a) the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum;

(b) the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People;

(c) the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law;

(d) the fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; and

(e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament and at every Referendumby every citizen who has attained the age of eighteen years and who, being qualified to be an elector as hereinafter provided, has his name entered in the register of electors.

5. The territory of the Republic of Sri Lanka shall consist of the ¹ [twenty- five] administrative districts, the names of which are set out in the First Schedule and its ² [territorial waters:
 

Provided that such administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as Parliament may by resolution determine]
 

CHAPTER II

BUDDHISM

9. The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).
 

CHAPTER III

FUNDAMENTAL RIGHTS

10. Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.

11. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
 

(1) All persons are equal before the law and are entitled to the equal protection of the law.

(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds:

Provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any language as a qualification for any employment or office in the Public, Judicial or Local Government Service or in the service of any Public Corporation, where such knowledge is reasonably necessary for the discharge of the duties of such employment or office:

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

(3) No person shall, on the grounds of race, religion, language, caste, sex or any one of such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.

(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons.

(1) No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest.

(2) Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedure established by law.

(3) Any person charged with an offence shall be entitled to be heard, in person or by an attorney-at-law, at a fair trial by a competent court.

(4) No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.

(5) Every person shall be presumed innocent until he is proved guilty:
Provided that the burden of proving particular facts may, by law, be placed on an accused person.

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

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

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

(7) The arrest, holding in custody, detention or other deprivation of personal liberty of a person, by of a removal order or a deportation order made under the provisions of the Immigrants and Emigrants Act or the Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967, or such other law as may be enacted in substitution therefor, shall not be a contravention of this Article.

(1) Every citizen is entitled to –

(a) the freedom of speech and expression including publication;

(b) the freedom of peaceful assembly;

(c) the freedom of association;

(d) the freedom to form and join a trade union;

(e) the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching;

(f) the freedom by himself or in association with others to enjoy and promote his own culture and to use his own language;

(g) the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise;

(h) the freedom of movement and of choosing his residence within Sri Lanka ; and

(i) the freedom to return to Sri Lanka.

(2) A person who, not being a citizen of any other country, has been permanently and legally resident in Sri Lanka immediately prior to the commencement of the Constitution and continues to be so resident shall be entitled, for a period of ten years from the commencement of the Constitution, to the rights declared and recognized by paragraph (1) of this Article.

³ [14A.

(1) Every citizen shall have the right of access to any information as provided for by law, being information that is required for the exercise or protection of a citizen’s right held by:-

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

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

(c) any local authority; and

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

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

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

(1) The exercise and operation of the fundamental rights declared and recognized by Articles 13(5) and 13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security.

(2) The exercise and operation of the fundamental right declared and recognized by Article 14(1)(a) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement to an offence.

(3) The exercise and operation of the fundamental right declared and recognized by Article 14(1)(b) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony.

(4) The exercise and operation of the fundamental right declared and recognized by Article 14(1)(c) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or national economy.

(5) The exercise and operation of the fundamental right declared and recognized by Article 14(1)(g) shall be subject to such restrictions as may be prescribed by law in the interests of national economy or in relation to –

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

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

(6) The exercise and operation of the fundamental right declared and recognized by Article 14(1)(h) shall be subject to such restrictions as may be prescribed by law in the interests of national economy.

(7) The exercise and operation of all the fundamental rights declared and recognized by Articles 12, 13(1), 13(2) and 14 shall be subject to such restrictions as may be prescribed by law in the interests of national security, public order and the protection of public health or morality, or for the purpose of securing due recognition and respect for the rights and freedoms of others, or of meeting the just requirements of the general welfare of a democratic society. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security.

(8) The exercise and operation of the fundamental rights declared and recognized by Articles 12(1), 13 and 14 shall, in their application to the members of the Armed Forces, Police Force and other Forces charged with the maintenance of public order, be subject to such restrictions as may be prescribed by law in the interests of the proper discharge of their duties and the maintenance of discipline among them.

(1) All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.

(2) The subjection of any person on the order of a competent court to any form of punishment recognized by any existing written law shall not be a contravention of the provisions of this Chapter

17. Every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of the infringement or imminent infringement by executive or administrative action, of a fundamental right to which such person is entitled under the provisions of this Chapter.

CHAPTER IV

 LANGUAGE

⁴ [(1)]The Official Language of Sri Lanka shall be Sinhala.

⁵[(2) Tamil shall also be an official language.

(3) English shall be the link language.

(4) Parliament shall by law provide for the implementation of the provisions of this Chapter.]

20. A Member of Parliament or ⁶ [a member of a Provincial Council or a Local Authority] shall be entitled to perform his duties and discharge his functions in Parliament ⁷ [or in such Provincial Council or Local Authority] in either of the National Languages.

21.

(1) A person shall be entitled to be educated through the medium of either of the National Languages:

Provided that the provisions of this paragraph shall not apply to an institution of higher education where the medium of instruction is a language other than a National Language.

(2) Where one National Language is a medium of instruction for or in any course, department or faculty of any University directly or indirectly financed by the State, the other National Language shall also be made a medium of instruction for or in such course, department or faculty for students who prior to their admission to such University, were educated through the medium of such other National Language:

Provided that compliance with the preceding provisions of this paragraph shall not be obligatory if such other National Language is the medium of instruction for or in any like course, department or faculty either at any other campus or branch of such University or of any other like University.

(3) In this Article “University” includes any institution of higher education.

⁸[22.

(1) Sinhala and Tamil shall be the languages of administration throughout Sri Lanka and Sinhala shall be the language of administration and be used for the maintenance of public records and the transaction of all business by public institutions of all the Provinces of Sri Lanka other than the Northern and Eastern Provinces where Tamil shall be so used:

Provided that the President may, having regard to the proportion which the Sinhala or Tamil linguistic minority population in any unit comprising a division of an Assistant Government Agent, bears to the total population of that area, direct that both Sinhala and Tamil or a language other than the language used as the language of administration in the province in which such area may be situated, be used as the language of administration for such area.

 (2) In any area where Sinhala is used as the language of administration a person other than an official acting in his official capacity, shall be entitled:

(a) to receive communications from and to communicate and transact business with, any official in his official capacity, in either Tamil or English;

(b) If the law recognizes his right to inspect or to obtain copies of or extracts from any official register, record, publication or other document, to obtain a copy of, or an extract from such register, record, publication or other document, or a translation thereof, as the case may be, in either Tamil or English.

(c) where a document is executed by any official for the purpose of being issued to him, to obtain such document or a translation thereof, in either Tamil or English;

(3) In any area where Tamil is used as the language of administration, a person other than an official acting in his official capacity, shall be entitled to exercise the rights and to obtain the services, referred to in sub paragraphs (a), (b) and (c) of paragraph (2) of this Article, in Sinhala or English.

(4) A Provincial Council or a Local Authority which conducts its business in Sinhala shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in Sinhala and a Provincial Council or a Local Authority which conducts its business in Tamil shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in Tamil:

Provided, however, that a Provincial Council, Local Authority, Public Institution or any official receiving communication from transacting business with any other or Provincial Council, Local Authority, Public Institution or an official functioning in an area in which a different language is used as the Language of administration shall be entitled to receive communications from and to communicate and transact business in English.

(5) A person shall be entitled to be examined through the medium of either Sinhala or Tamil or a language of his choice at any examination for the admission of persons to the Public Service, Judicial Service, Provincial Public Service, Local Government Service or any public institution, subject to the condition that he may be required to acquire a sufficient knowledge of Tamil or Sinhala, as the case may be, within a reasonable time after admission to such service or public institution where such knowledge is reasonably necessary for the discharge of his duties:

Provided that a person may be required to have a sufficient knowledge of Sinhala or Tamil, as a condition for admission to any such service or public institution where no function of the office or employment for which he is recruited can be discharged otherwise than with a sufficient knowledge of such language.

(6) In this Article –

“official” means the President, any Minister, Deputy Minister, Governor, Chief Minister or Minister of the Board of Ministers of a Province, or any officer of a public institution; local authority or Provincial Council; and

“public institution” means a department or institution of the Government, a public corporation or statutory institution.]

(1) All laws and subordinate legislation shall be enacted or made and published in Sinhala and Tamil, together with a translation thereof in English:

Provided that Parliament shall, at the stage of enactment of any law determine which text shall prevail in the event of any inconsistency between texts:

Provided further that in respect of all other written laws and the text in which such written laws was enacted or adopted or made, shall prevail in the event of any inconsistency between such texts.

(2) All Orders, Proclamations, Rules, By-laws, Regulations and Notifications made or issued under any written law other than those made or issued by a Provincial Council or a Local Authority and the Gazette shall be published in Sinhala and Tamil together with a translation thereof in English.

(3) All Orders, Proclamations, Rules, By-laws, Regulations and Notifications made or issued under any written law by any Provincial Council or Local Authority and all documents, including circulars and forms issued by such body or any public institution shall be published in the language used in the administration in the respective areas in which they function, together with a translation thereof in English.

(4) All laws and subordinate legislation in force immediately prior to the commencement of the Constitution, shall be published in the Gazette in the Sinhala and Tamil Language as expeditiously as possible.]

¹⁰[(1) Sinhala and Tamil shall be the languages of the Courts throughout Sri Lanka and Sinhala shall be used as the language of the courts situated in all the areas of Sri Lanka except those in any area where Tamil is the language of administration. The record and proceedings shall be in the language of the Court. In the event of an appeal from any court records shall also be prepared in the language of the court hearing the appeal, if the language of such court is other than the language used by the court from which the appeal is preferred:

Provided that the Minister in charge of the subject of Justice may, with the concurrence of the Cabinet of Ministers direct that the record of any court shall also be maintained and the proceedings conducted in a language other than the language of the court.]

(2) Any party or applicant or any person legally entitled to represent such party or applicant may initiate proceedings and submit to court pleadings and other documents and participate in the proceedings in courts, ¹¹[in either Sinhala or Tamil.]

(3) Any judge, juror, party or applicant or any person legally entitled to represent such party or applicant, who is not conversant with the language used in a court, shall be entitled to interpretation and to translation into ¹²[Sinhala or Tamil] provided by the State, to enable him to understand and participate in the proceedings before such court and shall also be entitled to obtain in ¹³[such language] any such part of the record or a translation thereof, as the case may be, as he may be entitled to obtain according to law.

(4) The Minister in charge of the subject of Justice may, with the concurrence of the Cabinet of Ministers, issue, directions permitting ¹⁴[the use of English] in or in relation to the records and proceedings in any court for all purposes or for such purposes as may be specified therein. Every judge shall be bound to implement such directions. 

(5) In this Article –

“Court” means any court or tribunal created and established for the administration of justice including the adjudication and settlement of industrial and other disputes, or any other tribunal or institution exercising judicial or quasi-judicial functions or any tribunal or institution created and established for the conciliation and settlement of disputes;

"judge” includes the President, Chairman, Presiding Officer and member of any court; and

“record” includes Pleadings, Judgments, Orders and Other judicial and Ministerial acts

25. The State shall provide adequate facilities for the use of the languages provided for in this Chapter.

¹⁵[25A. In the event of any inconsistency between the provisions of any law and the provisions of this Chapter, the provisions of this Chapter shall prevail.]

CHAPTER V

CITIZENSHIP

26.

(1) There shall be one status of citizenship known as “the status of a citizen of Sri Lanka”.

(2) A citizen of Sri Lanka shall for all purposes be described only as a “citizen of Sri Lanka”, whether such person became entitled to citizenship by descent or by virtue of registration in accordance with the law relating to citizenship.

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

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

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

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

(6) The provisions of all existing written laws relating to citizenship and all other existing written laws wherein reference is made to citizenship shall be read subject to the preceding provisions of this Article.

CHAPTER VI

(1) The Directive Principles of State Policy herein contained shall guide Parliament, the President and the Cabinet of Ministers in the enactment of laws and the governance of Sri Lanka for the establishment of a just and free society.

(2) The State is pledged to established in Sri Lanka a Democratic Socialist Society, the objectives of which include –

(a) the full realization of the fundamental rights and freedoms of all persons;

(b) the promotion of the welfare of the people by securing and protecting as effectively as it may, a social order in which justice (social, economic and political) shall guide all the institutions of the national life;

(c) the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities;

(d) the rapid development of the whole country by means of public and private economic activity and by laws prescribing such planning and controls as may be expedient for directing and Co-ordinating such public and private economic activity towards social objectives and the public weal;

(e) the equitable distribution among all citizens of the material resources of the community and the social product, so as best to subserve the common good;

(f) the establishment of a just social order in which the means of production, distribution and exchange are not concentrated and centralised in the State, State agencies or in the hands of a privileged few, but are dispersed among and owned by, all the People of Sri Lanka;

(g) raising the moral and cultural standards of the People and ensuring the full development of human personality; and

(h) the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels.

(3) The State shall safeguard the independence, sovereignty, unity and the territorial integrity of Sri Lanka.

(4) The State shall strengthen and broaden the democratic structure of government and the democratic rights of the People by decentralizing the administration and by affording all possible opportunities to the People to participate at every level in national life and in government.

(5) The State shall strengthen national unity by promoting co-operation and mutual confidence among all sections of the People of Sri Lanka, including the racial, religious, linguistic and other groups and shall take effective steps in the fields of teaching, education and information in order to eliminate discrimination and prejudice.

(6) The State shall ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on the ground of race, religion, language, caste, sex, political opinion or occupation.

(7) The State shall eliminate economic and social privilege and disparity and the exploitation of man by man or by the State.

(8) The State shall ensure that the operation of the economic system does not result in the concentration of wealth and the means of production to the common detriment.

(9) The State shall ensure social security and welfare.

(10) The State shall assist the development of the cultures and the languages of the People.

(11) The State shall create the necessary economic and social environment to enable people of all religious faiths to make a reality of their religious principles.

(12) The State shall recognize and protect the family as the basic unit of society.

(13) The State shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and to protect them from exploitation and discrimination.

(14) The State shall protect, preserve and improve the environment for the benefit of the community.

(15) The State shall promote international peace, security and co-operation, and the establishment of a just and equitable international economic and social order and shall endeavour to foster respect for international law and treaty obligations in dealings among nations.

28. The exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations and accordingly it is the duty of every person in Sri Lanka –

(a) to uphold and defend the Constitution and the law;

(b) to further the national interest and to foster national unity;

(c) to work conscientiously in his chosen occupation;

(d) to preserve and protect public property and to combat misuse and waste of public property;

(e) to respect the rights and freedoms of others; and

(f) to protect nature and conserve its riches

29. The provisions of this Chapter do not confer or impose legal rights or obligations and are not enforceable in any court or tribunal. No question of inconsistency with such provisions shall be raised in any court or tribunal.

CHAPTER VII

¹⁶[30.

(1) There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces.

(2) The President of the Republic shall be elected by the People, and shall hold office for a term of five years.]

31.

(1) Any citizen who is qualified to be elected to the office of President may be nominated as a candidate for such office –

(a) by a recognized political party; or

(b) if he is or has been an elected member of the legislature, by any other political party or by an elector whose name has been entered in any register of electors.

¹⁷[(2) No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People.]

(3) The poll for the election of the President shall be taken not less than one month and not more than two months before the expiration of the term of office of the President in office.

¹⁸[(3A)(a)

(i) Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the President may, ¹⁹[at any time after the expiration of four years from the ²⁰[commencement of his first term of office,] by Proclamation, declare his intention]] of appealing to the People for a mandate to hold office, ²¹[by election, for a second term.]

²²[Repealed]

(ii) Upon the making of a Proclamation under subparagraph (i) the Commissioner of Elections shall be required to take a poll for the election of the President.

(b) If, at any time after the date of Proclamation referred to in paragraph (a), and before the close of the poll at the election held in pursuance of such Proclamation, the President in office dies, such Proclamation shall be deemed to have been revoked with effect from the date of such death and the election to be held in pursuance of such Proclamation shall be deemed to be cancelled. The vacancy in the office of President caused by such death shall be filled in accordance with the provisions of Article 40.

(c)

(i) If, at any time between the close of the poll at an election held under this paragraph and the declaration of the result of such election, a candidate at such election dies, the Commissioner of Elections shall proceed with the count and declare the result of such election, notwithstanding the death of such candidate.
(ii) If the person entitled to be declared elected as President is dead at the time of the declaration of the result of such election, the Commissioner of Elections shall not declare the result of such election but shall take a fresh poll for the election of the President. (iii) If by reason of the death referred to in subparagraph (i) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by the new President and shall appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.

(d) The person declared elected as President at an election held under this paragraph shall, if such person –

(i) is the President in office, hold office ²³[for a term of five years] commencing on such date in the year in which that election is held (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier; or

(ii) is not the President in office hold office ²⁴[for a term of five years] commencing on the date on which the result of such election is declared.

(e) A person succeeding to the office of President under the provisions of Article 40 shall not be entitled to exercise the right conferred on a President by sub-paragraph (a) of this paragraph.

(f) For the purposes of this paragraph, the first term of office of the first President referred to in Article 160 shall be deemed to have commenced on February 4, 1978.]

²⁵[(4) (Where a poll for the election of a President is taken, the term of office of the person elected as President at such election shall commence on the expiration of the term of office of the President in office:

Provided that notwithstanding anything to the contrary in Article 40 –

(a) if any person declared elected as President at a poll for the election of a President dies at any time after his being declared elected as President and before the date on which his term of office would, but for his death, have commenced, the Commissioner of Elections, shall take a fresh poll for the election of a President. If the date fixed for such fresh poll is a date later than such firstmentioned date, the term of office of the person declared elected at such poll shall, notwithstanding the preceding provisions of this Article, be deemed to have commenced on such first-mentioned date. For the purposes only of Article 38(1)(d), the date of commencement of the term of office of the new President shall be the date of his election;

(b) where the President in office is not a candidate or is not re-elected, at a poll for the election of a President, his term of office shall be deemed to have expired on the date on which the result of such election is declared. The person elected as President at such election shall assume office forthwith, but not later than two weeks from such date:

Provided that the President in office notwithstanding anything to the contrary in Article 30, shall continue to exercise, perform and discharge the powers, duties and functions of the office of President until the assumption of office by the person declared elected as President. If the office of President becomes vacant, by reason of the person declared elected as President failing to assume office, the President in office shall continue to exercise, perform and discharge the powers, duties and functions of the office of President, until the Prime Minister or if the office of Prime Minister be then vacant or if the Prime Minister be unable to act, the Speaker commences to act in the office of President in terms of Article 40;

(c) if by reason of the death referred to in subparagraph (a) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by the new President and shall appoint one of the other Ministers of the Cabinet to act as Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.]

(5) The election of the President shall be conducted by the Commissioner of Elections who shall fix the date for the nomination of candidates for such election and the date on which the poll shall be taken.

(6) Parliament shall by law make provision for –

(a) the nomination of candidates for the election of President;

(b) the register of electors to be used at and the procedure for the election of the President;

(c) the creation of offences relating to such election and the punishment therefor;

(d) he grounds and manner of avoiding such election and of determining any disputed election; and

(e) all other matters necessary or incidental thereto.

32.

(1) The person elected or succeeding to the office of President shall assume office upon taking and subscribing the oath or making and subscribing the affirmation, set out in the Fourth Schedule, in Sri Lanka before the Chief Justice or any other Judge of the Supreme Court.

(2) Upon such assumption of office the President 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 President shall not hold any other office or place of profit whatsoever.

²⁶(3) The President shall, by virtue of his office attend Parliament once in every three months. In the discharge of this function the President shall be entitled to all the privileges, immunities and powers of a Member of Parliament, other than the entitlement to vote, and shall not be liable for any breach of the privileges of Parliament or of its members.

²⁷(4) The President shall by virtue of his office, also have the right to address and send messages to Parliament.

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

(a) to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament;

(b) to preside at ceremonial sittings of Parliament;

(c) to ensure the creation of proper conditions for the conduct of free and fair elections, at the request of the Election Commission;

(d) to receive and recognize and to appoint and accredit Ambassadors, High Commissioners, Plenipotentiaries and other diplomatic agents;

(e) to appoint as President’s Counsel, attorneys-atlaw who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude. Every President’s Counsel appointed under this paragraph shall be entitled to all such privileges as were hitherto enjoyed by a Queen’s Counsel;

(f) to keep the Public Seal of the Republic, and to make and execute under the Public Seal the acts of appointment of the Prime Minister and other Ministers of the Cabinet of Ministers, the Chief Justice and other Judges of the Supreme Court, the President and other Judges of the Court of Appeal and such grants and dispositions of lands and immovable property vested in the Republic as he is by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that Seal;

(g) to declare war and peace; and

(h) to do all such acts and things, not being inconsistent with the provisions of the Constitution or written law, as by international law, custom or usage he is required or authorized to do.]

 (1) The President may in the case of any offender convicted of any offence in any court within the Republic of Sri Lanka –

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

(b) grant any respite, either indefinite for such period as the President may think fit, of the execution of any sentence passed on such offender;

(c) substitute a less severe form of punishment for any punishment imposed on such offender; or

(d) remit the whole or any part of any punishment imposed or of any penalty or forfeiture otherwise due to the Republic on account of such offence:

Provided that where any offender shall have been condemned to suffer death by the sentence of any court, the President shall cause a report to be made to him by the Judge who tried the case and shall forward such report to the Attorney-General with instructions that after the Attorney-General has advised thereon, the report shall be sent together with the Attorney-General’s advice to the Minister in charge of the subject of Justice, who shall forward the report with his recommendation to the President.

(2) The President may in the case of any person who is or has become subject to any disqualification specified in paragraph (d), (e), (f), (g) or (h) of Article 89 or sub-paragraph (g) of Paragraph (1) of Article 91-

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

(b) reduce the period of such disqualification.

(3) When any offence has been committed for which the offender may be tried within the Republic of Sri Lanka, the President may grant a pardon to any accomplice in such offence who shall give such information as shall lead to the conviction of the principal offender or of any one of such principal offenders, if more than one.

³⁰[35.

(1) While any person holds office as President, no proceedings shall be instituted or continued against him in any court or tribunal in respect of anything done or omitted to be done by him either in his official or private capacity:

Provided that nothing in this paragraph shall be read and construed as restricting the right of any person to make an application under Article 126 against the Attorney-General, in respect of anything done or omitted to be done by the President, in his official capacity:

Provided further that the Supreme Court shall have no jurisdiction to pronounce upon the exercise of the powers of the President under paragraph (g) of Article 33.

(2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds the office of President shall not be taken into account in calculating the period of time prescribed by that law.

(3) The immunity conferred by the provisions of paragraph (1) of this Article shall not apply to any proceedings in any court in relation to the exercise of any power pertaining to any subject or function assigned to the President or remaining in his charge under paragraph (2) of Article 44 or to proceedings in the Supreme Court under paragraph (2) of Article 129 or to proceedings in the Supreme Court under Article 130 (a) relating to the election of the President or the validity of a referendum or to proceedings in the Court of Appeal under Article 144 or in the Supreme Court, relating to the election of a Member of Parliament:

Provided that any such proceedings in relation to the exercise of any power pertaining to any such subject or function shall be instituted against the Attorney-General.]

(1) Within one month of the commencement of the Constitution, Parliament shall by resolution determine the salary, allowances and pension entitlement of the holders of the office of President. Such pension shall be in addition to any other pension to which such person is entitled by virtue of any prior service.

(2) Upon the assumption of the office of President the holder of such office shall become entitled to the receipt of such salary and allowances and thereafter, of such pension as may be determined by Parliament. Any subsequent amendment, repeal or replacement of this Article and any subsequent law or any provision thereof inconsistent with this Article shall not have retrospective operation.

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

(4) Parliament may by resolution increase, but shall not reduce, the salary, allowances or pension entitlement of the holders of the office of President.

(1) If the President is of the opinion that by reason of illness, absence from Sri Lanka or any other cause he will be unable to exercise, perform and discharge the powers, duties and functions of his office, he may appoint the Prime Minister to exercise, perform and discharge the powers, duties and functions of the office of President during such period and may also appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister during such period:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the President may appoint the Speaker to exercise, perform and discharge the powers, duties and functions of the office of president during such period.

(2) If the Chief Justice in consultation with the Speaker is of the opinion that the President is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office and is unable to make an appointment in terms of paragraph (1) of this Article, he shall communicate in writing his opinion to the Speaker and thereupon the Prime Minister shall exercise, perform and discharge the powers, duties and functions of the office of President during such period and shall appoint one of the Ministers of the Cabinet to act in the office of Prime Minister during such period, notwithstanding the absence of such appointment as is provided for in paragraph (1) of this Article:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall exercise, perform and discharge the powers, duties and functions of the office of President during such period.

(3) The provisions of the Constitution relating to the President (other than the provisions of paragraph (2) of Article 32) shall apply, in so far as they can be applied, to the person so exercising, performing and discharging the powers, duties and functions of the office of President.

(4) In this Article and in Articles 38(1)(b) and 40(1), “the Speaker” includes, during any period when Parliament is dissolved the person who held the office of  Speaker immediately before the dissolution of Parliament.

(1) The office of President shall become vacant –

(a) upon his death;

(b) if he resigns his office by a writing under his hand addressed to the Speaker;

(c) if he ceases to be a citizen of Sri Lanka;

(d) if the person elected as President willfully fails to assume office within ³¹[two weeks] from the date of commencement of his term of office;

(e) if he is removed from office as provided in the next succeeding paragraph; or

(f) if the Supreme Court in the exercise of its powers under Article 130(a) determines that his election as President was void and does not determine that any other person was duly elected as President.

(2)

(a) Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of –

(i) intentional violation of the Constitution,

(ii) treason,

(iii) bribery,

(iv) misconduct or corruption involving the abuse of the powers of his office, or

(v) any offence under any law, involving moral turpitude and setting out full particulars of the allegation or allegations made and seeking an inquiry and report thereon by the Supreme Court.

(b) No notice of such resolution shall be entertained by the Speaker or placed on the Order Paper of Parliament unless it complies with the provisions of sub-paragraph (a) and–

(i) such notice of resolution is signed by not less than two-thirds of the whole number of Members of Parliament; or

(ii) such notice of resolution is signed by not less than one-half of the whole number of Members of Parliament and the Speaker is satisfied that such allegation or allegations merit inquiry and report by the Supreme Court.

(c) Where such resolution is passed by not less than two- thirds of the whole number of Members (including those not present) voting in its favour, the allegation or allegations contained in such resolution shall be referred by the Speaker to the Supreme Court for inquiry and report.

(d) The Supreme Court shall, after due inquiry at which the President shall have the right to appear and to be heard, in person or by an attorney-at-law, make a report of its determination to Parliament together with the reasons therefor.

(e) Where the Supreme Court reports to Parliament that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, as the case may be, Parliament may by a resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour remove the President from office.

39.

(1) Where the Supreme Court in the exercise of its jurisdiction under Article 130 determines –

(a) that the election of the President was void and does not determine that any other person was duly elected, then, a poll for the election of the President shall be taken not later than three months from the date of the determination; or

(b) that any other person was duly elected as President, then, such other person shall assume the office of President within one month of the date of the determination.

For the purposes of Article 38(1)(d), the date of commencement of the term of office of the new President shall be the date of his election or the date of the determination, as the case may be.

(2) Upon the Supreme Court making any such determination as is referred to in paragraph (1) of this Article, the person who was exercising, performing and discharging the powers, duties and functions of the office of President shall forthwith cease to exercise, perform and discharge such powers, duties and functions. During the period intervening between the date of such determination and the assumption of office by the new President, the Prime Minister shall act in the office of President and shall appoint one of the other Ministers of the Cabinet to act in the office of the Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of the President.

(3) For the purposes of Article 30(2) and notwithstanding the provisions of Article 31(4), the term of office of the new President shall be deemed to have commenced on the date on which the term of office of the person whose election was determined to have been void or undue would, but for such determination, have commenced.

(4) The exercise, performance and discharge by any person of the powers, duties and functions of the office of President shall not be invalid by reason only of the fact that the Supreme Court subsequently determines that the election of such person as President was void or undue.

(5) The provisions of this Article shall apply notwithstanding anything to the contrary in Article 40.

(1)

(a) If the office of President shall become vacant prior to the expiration of his term of office, Parliament shall elect as President one of its Members who is qualified to be elected to the office of President. Any person so succeeding to the office of President shall hold office only for the unexpired period of the term of office of the President vacating office.

(b) Such election shall be held as soon as possible after, and in no case later than one month from, the date of, occurrence of the vacancy. Such election shall be by secret ballot and by an absolute majority of the votes cast in accordance with such procedure as Parliament may by law provide:

Provided that if such vacancy occurs after the dissolution of Parliament, the President shall be elected by the new Parliament within one month of its first meeting.

(c) During the period between the occurrence of such vacancy and the assumption of office by the new President, the Prime Minister shall act in the office of President and shall appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.

(2) The provisions of the Constitution relating to the President (other than the provisions of paragraph (2) of Article 32) shall apply, in so far as they can be applied, to an acting President.

(3) Parliament shall by law provide for all matters relating to the procedure for the election of the President by Parliament and all other matters necessary or incidental thereto.

(1) The President shall have the power to appoint such Secretaries, and, in consultation with the Cabinet of Ministers, such other officers and staff as are in his opinion necessary to assist him in the exercise, performance and discharge of the powers, duties and functions of his office, and to determine their terms and conditions of service.

(2) The salaries of such Secretaries, officers and staff shall be charged on the Consolidated Fund.

(3) Such Secretaries, officers and staff shall be deemed to be public officers except that the dismissal and disciplinary control of such Secretaries, officers and staff shall be vested in the President, who may delegate to any such Secretary his powers of dismissal and disciplinary control in respect of any such officers or staff.

(4) Every such Secretary, officer or member of the staff shall cease to hold office upon a new President assuming office.

(5) Where any such Secretary, officer or member of the staff so ceases to hold office, the Cabinet of Ministers may appoint such Secretary, officer or member of the staff to any post in the Public Service:

Provided that any such Secretary, officer or member of the staff who immediately prior to his appointment as Secretary, officer or member of the staff was in the Public or Local Government Service or in the service of a public corporation shall be entitled to revert to such service without loss of seniority upon a new President assuming office.

(6) The proviso to paragraph (5) of this Article shall, mutatis mutandis, apply to any person referred to in that proviso upon –

(a) the President terminating the services of such person, otherwise than by dismissal on disciplinary grounds; or

(b) the resignation of such person, unless disciplinary proceedings are pending or contemplated against such person on the date of his resignation.

(7) For the purposes of paragraphs (5) and (6) of this Article any person who has continuously held the office of Secretary to the President, Secretary to any Ministry or any office in the President’s staff or any one or more of such offices shall be deemed to have continuously held the office which such person last held.

[6, 0 of 2020] ³²[ CHAPTER VII A

 THE EXECUTIVE

The Parliamentary Council

(1) The Chairmen and members of the Commissions referred to in Schedule I to this Article and the persons to be appointed to the offices referred to in Part I and Part II of Schedule II to this Article shall be appointed to such Commissions and such offices by the President. In making such appointments, the President shall seek the observations of a Parliamentary Council (hereinafter referred to as “the Council”), comprising –

(a) the Prime Minister;

(b) the Speaker;

(c) the Leader of the Opposition;

(d) a nominee of the Prime Minister, who shall be a Member of Parliament; and

(e) a nominee of the Leader of the Opposition, who shall be a Member of Parliament:

Provided that, the persons appointed in terms of sub-paragraphs (d) and (e) above shall be nominated in such manner as would ensure that the nominees would belong to communities which are communities other than those to which the persons specified in paragraphs (a), (b) and (c) above, belong

SCHEDULE I
 

1. The Election Commission.
2. The Public Service Commission.
3. The National Police Commission.
4. The Human Rights Commission of Sri Lanka.
5. The Commission to Investigate Allegations of Bribery or Corruption.
6. The Finance Commission.
7. The Delimitation Commission.

SCHEDULE II

PART I

1. The Chief Justice and the Judges of the Supreme Court.
2. The President and Judges of the Court of Appeal.
3. The Members of the Judicial Service Commission, other than the Chairman.

PART II

1. The Attorney-General.
2. The Auditor-General.
3. The Parliamentary Commissioner for Administration (Ombudsman).
4. The Secretary-General of Parliament.
5. The Inspector-General of Police.

(2) The Speaker shall require the Prime Minister and the Leader of the Opposition to make such nominations within one week of the date of the commencement of this Article, provided that if the Prime Minister and the Leader of the Opposition fail to make such nominations, the Speaker shall proceed to nominate any Members of Parliament to be nominees for the purposes of sub-paragraphs (d) and (e) of paragraph (1), taking into consideration the criteria specified in the proviso to paragraph (1) of this Article.

(3) If at the time the President seeks the observations of the Council under paragraph (1), the Prime Minister and the Leader of the Opposition have failed to nominate the persons who shall be their nominees in the Council, the Speaker shall nominate such Members of Parliament to be nominees for the purposes of sub-paragraphs (d) and (e) of paragraph (1), taking into consideration the criteria specified in the proviso to paragraph (1) of this Article.

(4) Notwithstanding the provisions of paragraph (2) of Article 64 of the Constitution, the Speaker shall, for the purpose of this Article, continue as Speaker on the dissolution of Parliament, until a Member of Parliament is elected to be the Speaker under paragraph (1) of Article 64. The new Speaker shall thereupon be a member of the Council.

(5) Notwithstanding the dissolution of Parliament, the Leader of the Opposition shall for the purposes of this Article, continue as Leader of the Opposition, until such time after a General Election following such dissolution, a Member of Parliament is recognized as the Leader of the Opposition in Parliament. The new Leader of the Opposition shall thereupon be a member of the Council.

(6) Notwithstanding the dissolution of Parliament, the nominees of the Prime Minister and the Leader of the Opposition respectively who are Members of Parliament shall continue as members until such time after a General Election following such dissolution, Members of Parliament are elected to Parliament. The Prime Minister and the Leader of the Opposition shall thereupon respectively nominate two new members of Parliament to be their nominees in terms of sub-paragraphs (d) and (e) of paragraph (1) of this Article.

(7) The tenure of the Council constituted under this Article shall extend for such period as specified in paragraph (2) of Article 62 and such tenure shall not be affected by any prorogation of Parliament in terms of Article 70:

Provided that, the persons appointed as nominees of the Prime Minister and the Leader of the Opposition respectively, may during such tenure at the request of the Prime Minister or the Leader of the Opposition, as the case may be, be removed by the President for the reasons assigned therefor or in the event of an incapacity of such nominee, the President may require the Prime Minister or Leader of the Opposition, as the case may be, to nominate taking into consideration the criteria specified in the proviso to paragraph (1), another Member of Parliament to be his nominee in the Council. In such an event, the Member of Parliament nominated to fill the vacancy created by either removal or incapacity, as the case may be, shall continue as member of the Council only for the unexpired period of the tenure of the member for whose vacancy he was nominated.

(8)

(a) When the President seeks the observations of the Council under paragraph (1), he shall require the Council to convey through the Speaker the observations of the Council, on the persons proposed by him for such appointments, within a period of one week from the date of seeking such observations.

(b) If the Council fails to communicate its observations to him within the period specified in sub-paragraph (a), the President shall forthwith proceed to make the aforesaid appointments.

(9) Where the Leader of any recognized political party represented in Parliament desires to propose the name of any person for appointment as Chairman or member of a Commission referred to in Schedule I to paragraph (1) of this Article, he may within a period of one week from the date of the President seeking such observations of the Council, forward to the Speaker the name of any person in relation thereto. The President may take such names into consideration when making such appointments.

(10) No person appointed to be the Chairman or member of a Commission referred to in Schedule I of this Article or any of the persons appointed to the offices referred to in Part I and Part II of Schedule II of this Article shall be removed, otherwise than in the manner provided for in the Constitution or in any law enacted for such purpose. Where no such provision is made, such person shall be removed by the President.

(11)

(a) The Speaker shall be the Chairman of the Council.

(b) The procedure to be followed in obtaining the observations of the Council shall be as determined by the Speaker.

(12) The Council shall perform and discharge such other duties and functions as may be imposed or assigned to the Council by the Constitution, or by any other written law.]

[7, 0 of 2020] ³³[CHAPTER VIII

THE EXECUTIVE

The Cabinet of Ministers
 

42. The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law, including the law for the time being relating to public security.
 

(1) There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic, which shall be collectively responsible and answerable to Parliament.

(2) The President shall be a member of the Cabinet of Ministers and shall be the Head of the Cabinet of Ministers:
Provided that notwithstanding the dissolution of the Cabinet of Ministers under the provisions of the Constitution, the President shall continue in office.

(3) The President shall appoint as Prime Minister the Member of Parliament who in his opinion is most likely to command the confidence of Parliament.

(1) The President shall, from time to time, in consultation with the Prime Minister, where he considers such consultation to be necessary -

 (a) determine the number of Ministers of the Cabinet of Ministers and the Ministries and the assignment of subjects and functions to such Ministers; and

(b) appoint from among the Members of Parliament, Ministers to be in charge of the Ministries so determined.

 (2) The President may assign to himself any subject or function and shall remain in charge of any subject or function not assigned to any Minister under the provisions of paragraph (1) of this Article or the provisions of paragraph (1) of Article 45 and may for that purpose determine the number of Ministries to be in his charge, and accordingly, any reference in the Constitution or any written law to the Minister to whom such subject or function is assigned, shall be read and construed as a reference to the President.

(3) The President may, at any time, change the assignment of subjects and functions and the composition of the Cabinet of Ministers. Such changes shall not affect the continuity of the Cabinet of Ministers, and the continuity of its responsibility to Parliament.

45.

(1) The President may, from time to time, in consultation with the Prime Minister where he considers such consultation to be necessary –

(a) appoint from among Members of Parliament, Ministers who shall not be Members of the Cabinet of Ministers; and

(b) determine the assignment of subjects and functions to, and the Ministries, if any, which are to be in charge of, such Ministers.

(2) The President may at any time change any appointment or assignment made under paragraph (1) of this Article.

(3) Every Minister appointed under this Article shall be responsible and answerable to the Cabinet of Ministers and to Parliament.

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

(1) The President may, from time to time, in consultation with the Prime Minister, where he considers such consultation to be necessary, appoint from among the Members of Parliament, Deputy Ministers to assist the Ministers of the Cabinet of Ministers in the performance of their duties.

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

(1) The total number of -

(a) Ministers of the Cabinet of Ministers shall not exceed thirty; and

(b) Ministers who are not members of the Cabinet of Ministers and Deputy Ministers shall not, in the aggregate exceed forty.

(2) The Prime Minister, a Minister of the Cabinet of Ministers, any other Minister or Deputy Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he -

(a) is removed by a writing under the hand of the President;

(b) resigns his office by a writing under his hand addressed to the President; or

(c) ceases to be a Member of Parliament.

(3) Notwithstanding anything contained in paragraph (1) of this Article, where the recognized political party or the independent group which obtains highest number of seats in Parliament forms a National Government, the number of Ministers in the Cabinet of Ministers, the number of Ministers who are not Cabinet of Ministers and the number of Deputy Ministers shall be determined by Parliament.

(4) For the purpose of paragraph (3), “National Government” means, a Government formed by the recognized political party or the independent group which obtains the highest number of seats in Parliament together with the other recognized political parties or the independent groups.

(1) The Cabinet of Ministers functioning immediately prior to the dissolution of Parliament shall, notwithstanding such dissolution continue to function and shall cease to function upon the conclusion of the General Election. Accordingly, the Prime Minister, Ministers of the Cabinet of Ministers, other Ministers and Deputy Ministers shall continue to function unless they cease to hold office as provided in sub-paragraph (a) or (b) of paragraph (2) of Article 47.

(2) Notwithstanding the death, removal from office or resignation of the Prime Minister, during the period intervening between the dissolution of Parliament and the conclusion of the General Election, the Cabinet of Ministers shall continue to function with the other Ministers of the Cabinet as its members until the conclusion of the General Election. The President may appoint one such Minister to exercise, perform and discharge, or may himself exercise, perform and discharge the powers, duties and functions of the Prime Minister. If there is no such other Minister, the President shall himself exercise perform and discharge the powers, duties and functions of the Cabinet of Ministers until the conclusion of the General Election.

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

49.

(1) On the Prime Minister ceasing to hold office by death, removal, resignation or otherwise, except during the period intervening between the dissolution of Parliament and the conclusion of the General Election the Cabinet of Ministers shall, unless the President has in the exercise of his powers under Article 70 dissolved Parliament, stand dissolved and the President shall appoint a Prime Minister, Ministers of the Cabinet of Ministers, other Ministers and Deputy Ministers in terms of Articles 43, 44, 45 and 46:

Provided that if after the Prime Minister so ceases to hold office, Parliament is dissolved, the Cabinet of Ministers shall continue to function with the other Ministers of the Cabinet as its members, until the conclusion of the General Election. The President may appoint one such Minister to exercise, perform and discharge or may himself exercise, perform and discharge the powers, duties and functions of the Prime Minister and the provisions of Article 48 shall, mutatis mutandis, apply.

(2) If Parliament rejects the Statement of Government Policy or the Appropriation Bill or passes a vote of no-confidence in the Government, the Cabinet of Ministers shall stand dissolved, and the President shall, unless he has in the exercise of his powers under Article 70 dissolved Parliament, appoint a Prime Minister, Ministers of the Cabinet of Ministers, other Ministers and Deputy Ministers in terms of Articles 43, 44, 45 and 46.

50. Whenever a Minister of the Cabinet of Ministers, other Minister or Deputy Minister is unable to discharge the functions of his office, the President may appoint any Member of Parliament to act in place of the said Minister of the Cabinet of Ministers, other Minister or Deputy Minister.
 

51.

(1)

(a) There shall be a Secretary to the Prime Minister who shall be appointed by the President.

(b) The Secretary to the Prime Minister shall have charge of the Office of the Prime Minister and shall perform and discharge the duties and functions of his office, subject to the directions of the Prime Minister.

(2) There shall be a Secretary to the Cabinet of Ministers who shall be appointed by the President. The Secretary shall, subject to the direction of the President, have charge of the Office of the Cabinet of Ministers, and shall discharge and perform such other functions and duties as may be assigned to him by the President or the Cabinet of Ministers.

52.

(1) There shall be for each Ministry a Secretary who shall be appointed by the President.

(2) The Secretary to the Ministry shall, subject to the direction and control of his Minister, exercise supervision over the departments of Government or other institutions in the charge of his Minister.

(3) The Secretary to a Ministry shall cease to hold office upon the dissolution of the Cabinet of Ministers under the provisions of the Constitution or upon a determination by the President under Article 44 or Article 45 which results in such Ministry ceasing to exist.

(4) Where the Secretary to a Ministry so ceases to hold office, the Cabinet of Ministers may appoint such Secretary to any other post in the Public Service:

Provided that a person who immediately prior to his appointment as Secretary was in the Public or Local Government Service or in the service of any public corporation shall be deemed to have been temporarily released from such service and shall be entitled to revert to such service without loss of seniority upon his so ceasing to hold office as Secretary.

(5) The proviso to paragraph (4) of this Article shall, mutatis mutandis, apply to a Secretary to a Ministry upon –

(a) the President terminating his services, otherwise than by dismissal on disciplinary grounds; or

(b) his resignation, unless disciplinary proceedings are pending or contemplated against him on the date of his resignation.

(6) For the purposes of paragraphs (4) and (5) of this Article, any person who has continuously held the office of Secretary to the President, Secretary to a Ministry or any other office in the President’s staff or any one or more of such offices shall be deemed to have continuously held the office which such person last held.

(7) For the purposes of this Article –

(a) the Office of the Secretary-General of Parliament, the Office of the Parliamentary Commissioner for Administration (Ombudsman), the Public Service Commission, the Election Commission, the National Police Commission and the Office of the Secretary to the Cabinet of Ministers; and

(b) the National Audit Office,

shall be deemed not to be departments of Government

53. A person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until such person takes and subscribes the oath or makes and subscribes the affirmations set out in the Fourth Schedule and Seventh Schedule.]
 

[4, 17 of 2001]³⁴[CHAPTER IX

THE EXECUTIVE

The Public Service
 

54.

³⁵[(1) There shall be a Public Service Commission (in this Chapter referred to as the “Commission”) which shall consist of not less than five members and not more than nine members appointed by the President subject to the provisions of Article 41A, of whom not less than three members shall be persons who have had over fifteen years experience as public officers. The President shall appoint one of such members as its 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 ceases to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer:

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

³⁶[(4) Every member of the Commission shall hold office for a period of three years from the date of appointment, unless the member becomes subject to any disqualification under paragraph (2) or earlier resigns from his office by writing addressed to the President or is removed from office ³⁷[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 the member has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6).]

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

³⁸[(7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and shall, for the duration of ³⁹[such period, subject to the provisions of Article 41A], appoint a person qualified to be a member of the Commission, to be a temporary member for the period of such leave.]

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

(9) The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

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

(11) The members of the Commission shall be deemed to be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code.

⁴⁰[55.

(1) The Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers, including policy relating to appointments, promotions, transfers, disciplinary control and dismissal.

(2) The appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Department shall, vest in the Cabinet of Ministers.

(3) Subject to the provisions of the Constitution, the appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the Public Service Commission.

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

(5) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise and discharge of its powers and functions. The Commission shall also forward to Parliament in each calendar year, a report of its activities in respect of such year.]

(1) The Commission may delegate to a Committee consisting of three persons (not being members of the Commission) appointed by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of public officers ⁴¹[as are specified by the Commission.]

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

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

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

(1) The Commission may delegate to a public officer, subject to such conditions and procedure as may be determined by the Commission, its powers of appointment, promotion, transfer, disciplinary control and dismissal of such category of public officers ⁴²[as are specified by the Commission.]

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

58.

(1) Any public officer aggrieved by an order relating to a promotion, transfer, dismissal or an order on a disciplinary matter made by a Committee or any public officer under Article 56 or Article 57, in respect of the officer so aggrieved, may appeal to the Commission against such order in accordance with such rules made by the Commission from time to time, relating to the procedure to be followed in the making, hearing and determination of an appeal made to the Commission and the period fixed within which an appeal should be heard and concluded.

(2) The Commission shall have the power upon such appeal to alter, vary, rescind or confirm an order against which an appeal is made, or to give directions in relation thereto, or to order such further or other inquiry as to the Commission shall seem fit.

(3) The Commission shall cause to be published in the Gazette the rules made by it under paragraph (1) of this Article.

59.

(1) There shall be an Administrative Appeals Tribunal appointed by the Judicial Service Commission.

(2) The Administrative Appeals Tribunal shall have the power to alter, vary or rescind any order or decision made by the Commission.

(3) The constitution, powers and procedure of such Tribunal, including the time limits for the preferring of appeals, shall be provided for by law.

60. Upon delegation of any of its powers to a Committee or a public officer appointed under Article 56 or Article 57 as the case may be, the Commission shall not, while such delegation is in force, exercise or perform its functions or duties in regard to the categories of public officers in respect of which such delegation is made, subject to the provisions contained in paragraphs (1) and (2) of Article 58.
 

61.

(1) The quorum for a meeting of the Commission shall be five members.

(2) All decisions of the Commission shall be made by a majority of votes of the members present at the meeting. In the event of an equality of votes, the member presiding at the meeting shall have a casting vote.

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

61A. ⁴³[Subject to the provisions of Article 59 and of Article 126], no court or tribunal shall have power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission, a Committee, or any public officer, in pursuance of any power or duty conferred or imposed on such Commission, or delegated to a Committee or public officer, under this Chapter or under any other law.
 

61B. Until the Commission otherwise provides, all rules, regulations and procedures relating to the public service as are in force on the date of the coming into operation of this Chapter, shall, mutatis mutandis, be deemed to continue in force as rules, regulations and procedures relating to the public service, as if they had been made or provided for under this Chapter.
 

61C.

(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 any decision of the Commission, or a Committee or a public officer to whom the Commission has delegated any power under this Chapter, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand Rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.

(2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1) of this Article.

61D. A person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until he takes and subscribes the oath or makes and subscribes ⁴⁴[the affirmations set out in the Fourth and Seventh Schedules] to the Constitution.
 

⁴⁵[61E. The President shall appoint -

(a) the Heads of the Army, the Navy and the Air Force; and

(b) subject to the provisions of Article 41A, the Attorney-General and the Inspector-General of Police.

61F. For the purposes of this Chapter “public officer” does not include a member of the Army, Navy, or Air Force, an officer of the Election Commission appointed by such Commission or a scheduled public officer appointed by the Judicial Service Commission.]]
 

CHAPTER X

THE LEGISLATURE

Parliament
 

62.

⁴⁶[(1) There shall be a Parliament which shall consist of two hundred and twenty-five Members elected in accordance with the provisions of the Constitution.]

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

63. Except for the purpose of electing the Speaker, no Member shall sit or vote in parliament until he has taken and subscribed the following oath, or made and subscribed the following affirmation, before Parliament:–
 

“I …… do ––––––––––––––––––––––––– that I will uphold

                                   swear

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

64.

(1) Parliament shall, at its first meeting after a General Election, elect three Members to be respectively the Speaker, the Deputy Speaker and Chairman of Committees (hereinafter referred to as the “Deputy Speaker”) and the Deputy Chairman of Committees thereof.

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

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

(4) If Parliament, after having been dissolved, is summoned under paragraph (7) of Article 70, each of the Members mentioned in paragraph (2) of this Article shall, notwithstanding anything therein, resume and continue to hold his office while that Parliament is kept in session.

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

⁴⁸[65.

(1) There shall be a Secretary-General of Parliament who shall, subject to the provisions of Article 41A, be appointed by the President and who shall hold office during good behavior.]

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

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

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

(5) The office of the Secretary-General shall become vacant -

(a) upon his death;

(b) on his resignation in writing addressed to the President;

(c) on his attaining the age of sixty years, unless Parliament otherwise provides by law;

(d) on his removal by the President on account of ill health or physical or mental infirmity; or

(e) on his removal by the President upon an address of Parliament.

⁴⁹[(6) Whenever the Secretary-General is unable to discharge the functions of his office, the President may appoint a person to act in the place of the Secretary-General.]

(a) upon his death;

(b) if, by a writing under his hand addressed to the Secretary-General of Parliament, he resigns his seat;

(c) upon his assuming the office of President consequent to his election to such office, either by the People or by Parliament;

(d) if he becomes subject to any disqualification specified in Article 89 or 91;

(e) if he becomes a member of the Public Service or an employee of a public corporation or, being a member of the Public Service or an employee of a public corporation, does not cease to be a member of such Service or an employee of such corporation, before he sits in Parliament;

(f) if, without the leave of Parliament first obtained, he absents himself from the sittings of Parliament during a continuous period of three months;

(g) if his election as a Member is declared void under the law in force for the time being;

(h) upon the dissolution of Parliament; or

(i) upon a resolution for his expulsion being passed in terms of Article 81.

67. The privileges, immunities and powers of Parliament and of its Members may be determined and regulated by Parliament by law and until so determined and regulated, the provisions of the Parliament (Powers and Privileges) Act, shall, mutatis mutandis, apply.

68.

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

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

69. Parliament shall have power to act notwithstanding any vacancy in its membership and its proceedings shall be valid notwithstanding that it is discovered subsequently that a person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

CHAPTER XI

THE LEGISLATURE

Procedure and Powers
 

70.

⁵⁰[(1) The President may, from time to time, by Proclamation summon, prorogue and dissolve Parliament:

Provided that –

(a) subject to the provisions of sub-paragraph (d), the President shall not dissolve Parliament until the expiration of a period of not less than two years and six months from the date appointed for its first meeting, unless Parliament by resolution requests the President to dissolve Parliament;

(b) the President shall not dissolve Parliament on the rejection of the Statement of Government Policy at the commencement of the first session of Parliament after a General Election;

(c) subject to the provisions of sub-paragraph (d), the President shall not dissolve Parliament after the Speaker has entertained a resolution complying with the requirements of sub-paragraphs (a) and (b) of paragraph (2) of Article 38, unless –

(i) such resolution is not passed as required by sub-paragraph (c) of paragraph (2) of Article 38;

(ii) the Supreme Court determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such resolution;

(iii) the consequent resolution for the removal of the President is not passed as required by sub-paragraph (e) of paragraph (2) of Article 38; or

(iv) Parliament by resolution requests the President to dissolve Parliament;

(d) where the President has not dissolved Parliament consequent upon the rejection by Parliament of the Appropriation Bill, the President shall dissolve Parliament if Parliament rejects the next Appropriation Bill.]

(2) Parliament shall be summoned to meet once at least in every year.

(3) A Proclamation proroguing Parliament shall fix a date for the next session, not being more than two months after the date of the Proclamation:

Provided that at any time while Parliament stands prorogued the President may by Proclamation –

(i) summon Parliament for an earlier date, not being less than three days from the date of such Proclamation, or

(ii) subject to the provisions of this Article, dissolve Parliament.

(4) All matters which, having been duly brought before Parliament, have not been disposed of at the time of the prorogation of Parliament, may be proceeded with during the next session.

(5)

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

(b) Upon the dissolution of Parliament by virtue of the provisions of paragraph (2) of Article 62, the President shall forthwith by Proclamation fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.

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

(6) Where the poll for the election of the President is to be taken on a date which falls between the date of dissolution of Parliament and the date before which Parliament is required by paragraph (5) of this Article to be summoned to meet, Parliament shall, notwithstanding anything in that paragraph, be summoned to meet on a date not later than four months after the date of dissolution of Parliament.

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

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

(1) Save as otherwise provided in the Constitution any question proposed for decision by Parliament shall be decided by the majority of votes of the Members present and voting.

(2) The person presiding shall not vote in the first instance but shall have and exercise a casting vote in the event of an equality of votes.

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

74.

(1) Subject to the provisions of the Constitution, Parliament may by resolution or Standing Order provide for –

(i) the election and retirement of the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, and

(ii) the regulation of its business, the preservation of order at its sittings and any other matter for which provision is required or authorized to be so made by the Constitution.

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

75. Parliament shall have power to make laws, including laws having retrospective effect and repealing or amending any provision of the Constitution, or adding any provision to the Constitution:

Provided that Parliament shall not make any law –

(a) suspending the operation of the Constitution or any part thereof, or

(b) repealing the Constitution as a whole unless such law also enacts a new Constitution to replace it.

76.

(1) Parliament shall not abdicate or in any manner alienate its legislative power and shall not set up any authority with any legislative power.

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

(3) It shall not be a contravention of the provisions of paragraph (1) of this Article for Parliament to make any law containing any provision empowering any person or body to make subordinate legislation for prescribed purposes, including the power –

(a) to appoint a date on which any law or any part thereof shall come into effect or cease to have effect;

(b) to make by order any law or any part thereof applicable to any locality or to any class of persons; and

(c) to create a legal person, by an order or an Act.

In sub-paragraphs (a) and (b) of this paragraph, “law” includes existing law.

(4) Any existing law containing any such provision as aforesaid shall be valid and operative.

77.

(1) It shall be the duty of the Attorney-General to examine every Bill for any contravention of the requirements of paragraphs (1) and (2) of Article 82 and for any provision which cannot be validly passed except by the special majority prescribed by the Constitution; and the Attorney-General or any officer assisting the Attorney-General in the performance of his duties under this Article shall be afforded all facilities necessary for the performance of such duties.

(2) If the Attorney-General is of the opinion that a Bill contravenes any of the requirements of paragraphs (1) and (2) of Article 82 or that any provision in a Bill cannot be validly passed except by the special majority prescribed by the Constitution, he shall communicate such opinion to the President:

Provided that in the case of an amendment proposed to a Bill in Parliament, the Attorney-General shall communicate his opinion to the Speaker at the stage when the Bill is ready to be put to Parliament for its acceptance.

78.

⁵¹[(1) Every Bill shall be published in the Gazette at least seven days before it is placed on the Order Paper of Parliament.]

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

⁵²[(3) Any amendment proposed to a Bill in Parliament shall not deviate from the merits and principles of such Bill.]

79. The Speaker shall endorse on every Bill passed by Parliament a certificate in the following form:–

“This Bill (here state the short title of the Bill) has been duly passed by Parliament.”

Such certificate may also state the majority by which such Bill was passed:

Provided that where by virtue of the provisions of Article 82 or Article 83 or Article 84 or Article 123(2) a special majority is required for the passing of a Bill, the Speaker shall certify such Bill only if such Bill has been passed with such special majority:

Provided further that where by virtue of Article 83, the Bill or any provision thereof requires the approval of the People at a Referendum, such certificate shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum.
 

80.

(1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon.

(2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof required the approval of the People at a Referendum or where any Bill is submitted to the People by Referendum under paragraph (2) of Article 85, such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (3) of Article 85 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form:

“This Bill/provision has been ⁵³[duly approved by the People at a Referendum.”

No such certificate shall be endorsed by the President on a Bill -

(a) in any case where no petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum;

(b) in any case where a petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the Supreme Court determines that such Referendum was valid.]

Every such certificate shall be final and conclusive and shall not be called in question in any court.

(3) Where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of such Act on any ground whatsoever.

81.

(1) Where a Special Presidential Commission of Inquiry established under the Special Presidential Commissions of Inquiry Law, No. 07 of 1978 and consisting of a member each of whom is a Judge of the Supreme Court, Court of Appeal, High Court or the District Court recommends that any person should be made subject to civic disability by reason of any act done or omitted to be done by such person before or after the commencement of the Constitution, Parliament may by resolution pass by not less than two-thirds of the whole number of Members (including those not present) voting in its favour -

(a) impose civic disability on such person for a period not exceeding seven years, and

(b) expel such person from Parliament, if he is a Member of Parliament.

Where a Special Presidential Commission of Inquiry consists of more than one member, a recommendation made by the majority of such members, in case of any difference of opinion, shall be, and shall be deemed for all purposes to be, the recommendation of such Commission of Inquiry.

(2) No such resolution shall be entertained by the Speaker or placed on the Order Paper of Parliament unless introduced by the Prime Minister with the approval of the Cabinet of Ministers.

(3)The Speaker shall endorse on every resolution passed in accordance with the preceding provisions of this Article a certificate in the following form:–

“This resolution has been duly passed by Parliament in accordance with the provisions of Article 81 of the Constitution.”

Every such Certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce upon or in any manner call in question, the validity of such resolution on any ground whatsoever.

(4) In this Article, “District Court” means a District Court created and established by existing law and includes a Court that may be created by Parliament to exercise and perform powers and functions corresponding or substantially similar to the powers and functions exercised and performed by the District Court.