Конституция Демократической Социалистической Республики Шри-Ланка, Шри-Ланка

Submission of Bills to People by Referendum.

85. (1) The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present).

(2)

The President may in his discretion submit to the People by Referendum any Bill (not being a Bill for the repeal or amendment of any provision of the Constitution, or for the addition of any provision to the Constitution, or for the repeal and replacement of the Constitution, or which is inconsistent with any provision of the Constitution), which has been rejected by Parliament.

(3)

Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum:

Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors.

1. The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance.
2. (1) Every Referendum shall be conducted by the Commissioner of Elections who shall communicate the result thereof to the President.

(2) Parliament shall by law provide for all matters relating to the procedure for the submission of Bills and of matters of national importance to the People by Referenda, the register of electors to be used at a Referendum, the creation of offences relating thereto and the punishment therefor, and all other matters necessary or incidental thereto.

Chapter XIV - Franchise and Elections

Right to be an elector.

88. Every person shall, unless disqualified as hereinafter provided, be qualified to be an elector at the election of the President and of the Members of Parliament or to vote at any Referendum :

Provided that no such person shall be entitled to vote unless his name is entered in the appropriate register of electors.

Disqualification to be an elector.

89. No person shall be qualified to be an elector at an election of the President, or of the Members of Parliament or to vote at any Referendum, if he is subject to any of the following disqualifications, namely-

(a)

if he is not a citizen of Sri Lanka ;

(b)

if he has not attained the age of eighteen years on the qualifying date specified by law under the provisions of Article 101 ;

(c)

if he is under any law in force in Sri Lanka found or declared to be of unsound mind ;

(d)

if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence :

Provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted ;

(e)

if a period of seven years has not elapsed since -

(i)

the last of the dates, if any, of his being convicted of any offence under section 52 (1) or 53 of the Ceylon (Parliamentary Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to an offence under either of the said two sections ;

(ii)

the last of the dates, if any, of his being convicted of a corrupt practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to the said corrupt practice ;

(iii) the last of the dates, if any, being a date after the commencement of the Constitution, of a report made by a Judge finding him guilty of any corrupt practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or under any law for the time being relating to Referenda or to the election of the President or of Members of Parliament ;

(iv)

the last of the dates, if any, of his being convicted or found guilty of bribery under the provisions of the Bribery Act or of any future law as would correspond to the Bribery Act ;

(f)

if a period of five years has not elapsed since -

(i)

the last of the dates, if any, of his being convicted of any offence under the provisions of sections 77 to 82 (both inclusive) of the Local Authorities Elections Ordinance or for such offence under any future law as would correspond to any offence under the said sections ; or

(ii)

the last of the dates, if any, of his being convicted of an offence under the provisions of sections 2 and 3 of the Public Bodies (Prevention of Corruption) Ordinance or of such offence under any future law as would correspond to the said offence ;

(g)

if a period of three years has not elapsed since –

(i)

the last of the dates, if any, of his being convicted of an illegal practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to the said illegal practice ;

(ii)

The last of the dates, if any, being a date after the commencement of the Constitution, of a report made by a Judge finding him guilty of any illegal practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or under any law for the time being relating to Referenda or to the election of the President or of Members of Parliament ;

(h)

if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81, and the period of such civic disability specified in such resolution has not expired ;

(i)

if a period of seven years has not elapsed since –

(i)

the date of his being convicted of any offence under the provisions of sections 188 to 201 (both inclusive) of the Penal Code or for such other offence under any future law as would correspond to any offence under the said sections, or

(ii)

the date of his being convicted of an offence of contempt against, or in disrespect of, the authority of any Special Presidential Commission of Inquiry consisting of such member or members specified in Article 81 by reason of -

(1)

the failure of such person, without cause which in the opinion of such Commission is reasonable, to appear before such Commission at the time and place mentioned in any summons which such Commission is empowered by law to issue, or

(2)

the refusal of such person to be sworn or affirmed, or the refusal or failure of such person, without cause which in the opinion of such Commission is reasonable, to answer any question put to such person touching the matters directed to be inquired into by such Commission, or

(3)

the refusal or failure of such person, without cause which in the opinion of such Commission is reasonable, to produce and show to such Commission any document or thing which is in the possession or power of such person and which in the opinion of such Commission is necessary for arriving at the truth of the matters to be inquired into by such Commission.

(j)

if the period of his disqualification imposed under Article 116 has not elapsed.

Qualification for election as Member of Parliament.

90. Every Person who is qualified to be an elector shall be qualified to be elected as a Member of Parliament unless he is disqualified under the provisions of Article 91.

Disqualification for election as Member of Parliament.

91. No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament –

(a)

if he is or becomes subject to any of the disqualifications specified in Article 89 ;

(b)

if he -

(i)

stands nominated as a candidate for election for more than one electoral district at a General Election,

(ii)

stands nominated as a candidate for election by more than one recognized political party or independent group in respect of any electoral district,

(iii) stands nominated as a candidate for election for an electoral district and before the conclusion of the election for that electoral district he stands nominated as a candidate for election for any other electoral district, or

(iv)

being a Member of Parliament, except in the circumstances referred to in Article 70 (7) or Article 155 (4) (i), stands nominated as a candidate for election for any electoral district ;

(c)

if he is the President of the Republic;

(d)

if he is -

(i)

a judicial officer,

(ii)

the Parliamentary Commissioner for Administration,

(iii) the Secretary-General of Parliament or a member of his staff,

(iv)

a member of the Public Service Commission,

(v)

the Commissioner of Elections,

(vi)

the Auditor-General,

²²[(vii) a public officer holding any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 6,720 per annum, or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial,

(viii) a public officer holding any office created after November 18, 1970, the initial of the salary scale of which is, on the date of the creation of that office, not less than the initial of the salary scale applicable, on that date, to an office referred to in item (vii) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first-mentioned initial,

(ix)

an officer in any public corporation holding any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 7,200 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial,

(x)

an officer in any public corporation holding any office created after November 18, 1970, the initial of the salary scale of which is, on the date of creation of that office, not less than the initial of the salary scale applicable on that date to an office referred to in item (ix) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first mentioned initial,

(xi)

a member of the Regular Force of the Army, Navy or Air Force, or

(xii) a police officer or a public officer exercising police functions;]

(e)

if he has any such interest in any such contract made by or on behalf of the State or a public corporation as Parliament shall by law prescribe ;

(f)

if he is an undischarged bankrupt or insolvent, having been declared bankrupt or insolvent ;

(g)

if during the preceding seven years he has been adjudged by a competent court or by a Special Presidential Commission of Inquiry to have accepted a bribe or gratification offered with a view to influencing his judgment as a Member of Parliament or as a member of the legislature prior to the commencement of the Constitution.

(2)

For the purposes of sub-paragraph (g) of paragraph (1) of this Article, the acceptance by a

Member of Parliament of any allowance or other payment made to him by any trade union or other organization solely for the purpose of his maintenance shall be deemed not to be the acceptance of a bribe or gratification.

Disqualification for election as President.

92. Every person who is qualified to be an elector shall be qualified to be elected to the office of President unless he is subject to any of the following disqualifications -

(a)

if he has not attained the age of thirty years;

(b)

if he is not qualified to be elected as a Member of Parliament under sub-paragraph (d), (e), (f) or (g) of paragraph (1) of Article 91 ;

(c)

if he has been twice elected to the office of President by the People; and

(d)

if he has been removed from the office of President under the provisions of sub-paragraph (e) of paragraph (2) of Article 38.

Election to be free, equal and secret.

93. The voting for the election of the President of the Republic and of the Members of Parliament and at any Referendum shall be free, equal and by secret ballot.

Election of the President.

94. (1) At the election of the President every voter while casting his vote for any candidate may-

(a)

where there are three candidates for election, specify his second preference ; and

(b)

where there are more than three candidates for election, specify his second and third preferences.

(2)

The candidate, if any, who receives more than one-half of the valid votes cast shall be declared elected as President

(3)

Where no candidate is declared elected under paragraph (2) of this Article, the candidate or candidates, other than the candidates who received the highest and second highest number of such votes, shall be eliminated from the contest, and -

(a)

the second preference of each voter whose vote had been for a candidate eliminated from the contest, shall, if it is for one or the other of the remaining two candidates, be counted as a vote for such candidate and be added to the votes counted in his favour under paragraph (2), and

(b)

the third preference of each voter referred to in sub-paragraph (a) whose second preference is not counted under that sub-paragraph shall, if it is for one or the other of the remaining two

candidates, be counted as a vote for such candidate and be added to the votes counted in his favour under sub-paragraph (a) and paragraph (2),

and the candidate who receives the majority of the votes so counted shall be declared elected as President.

(4)

Where an equality is found to exist between the votes received by two or more candidates and the addition of one vote would determine-

(a)

which candidate is to be declared elected under this Article ; or

(b)

which candidate is not to be eliminated under this Article, then the determination of the candidate to whom such additional vote shall be deemed to have been given for the purpose of such determination shall be made by lot.

Delimitation Commission.

95. (1) Within three months of the commencement of the Constitution, the President shall for the delimitation of electoral districts, establish a Delimitation Commission consisting of three persons appointed by him who he is satisfied are not actively engaged in politics. The President shall appoint one of such persons to be the Chairman.

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

Electoral districts.

96. (1) The Delimitation Commission shall divide Sri Lanka into not less than twenty and not more than 23[twenty-five] electoral districts, and shall assign names thereto.

(2)

Each Province of Sri Lanka may itself constitute an electoral district or may be divided into two or more electoral districts.

(3)

Where a Province is divided into a number of electoral districts the Delimitation Commission shall have regard to the existing administrative districts so as to ensure as far as is practicable that each electoral district shall be an administrative district or a combination of two or more administrative districts or two or more electoral districts together constitute an administrative district.

(4)

The electoral districts of each Province shall together be entitled to return four members, (independently of the number of members which they are entitled to return by reference to the number of electors whose names appear in the registers of electors of such electoral districts), and the Delimitation Commission shall apportion such entitlement equitably among such electoral districts.

(5)

In the event of a difference of opinion among the members of the Delimitation Commission, the opinion of the majority thereof shall prevail and shall be deemed to be the decision of the Commission. Where each member of the Commission is of a different opinion, the opinion of the Chairman shall be deemed to be the decision of the Commission. Any dissentient member may state his reasons for such dissent.

(6)

The Chairman of the Delimitation Commission shall communicate the decisions of the Commission together with the reasons, if any, stated by a dissentient member to the President.

²⁴[96A]

Proclamation of names &c. of electoral districts.

97. The President shall by Proclamation publish the names and boundaries of the electoral districts and the number of members, which each such electoral district is entitled to return by virtue of the provisions of paragraph (4) of Article 96 in accordance with the decision of the Delimitation Commission. The electoral districts specified in the Proclamation shall come into operation at the next ensuing General Election of Members of Parliament and shall thereafter be the electoral districts of Sri Lanka for all the purposes of the Constitution and of any law for the time being in force relating to the election of Members of Parliament.

Number of Members to be returned by the several electoral districts and their appointment among such electoral districts.

98. (1) The several electoral districts shall together be entitled to return one hundred and ninety-six members.

(2)

The apportionment of the number of members that each electoral district shall be entitled to return shall, in the case of thirty-six members, be determined in accordance with the provisions of paragraph (4) of Article 96.

(3)

The apportionment of the number of members that each electoral district shall be entitled to return out of the balance number of one hundred and sixty members shall be determined in accordance with the succeeding provisions of this Article.

(4)

The total number of electors whose names appear in the registers of electors of all the electoral districts shall be divided by one hundred and sixty. The whole number, resulting from such division (any fraction not being taken into account) is hereinafter referred to as the "qualifying number".

(5)

The total number of electors whose names appear in the register of electors of each electoral district shall be divided by the qualifying number and each electoral district shall be entitled to return such number of members as is equivalent to the whole number resulting from the division of the total number of such electors in that electoral district by the qualifying number and the balance number of such electors, if any, after such division shall be dealt with, if necessary, in

accordance with paragraph (6) of this Article.

(6)

Where the total number of members to be returned by all the electoral districts ascertained by reference to the qualifying number in accordance with paragraph (5) of this Article is less than one hundred and sixty members, the apportionment of the entitlement among the electoral districts of the balance number of members shall be by reference to the balance number of such electors and in the case of any electoral district not entitled to return a single member according to the determination made under paragraph (5), the total number of electors whose names appear in the register of electors of such electoral district, the electoral district having the highest of such balance number of such electors or such total number of such electors, being entitled to return one more member and so on until the total number of member to be returned number one hundred and sixty.

(7)

Where in making an apportionment under paragraph (6) of this Article an equality is found to exist between two or more balance number of such electors or two or more total number of such electors or any combination of them and the addition of one such elector would entitle one electoral district to return an additional member, the determination of the electoral district to which one such elector shall be deemed to be added shall be determined by lot.

²⁵[(8) The Commissioner of Elections, as soon as possible after the certification of the registers of electors for all the electoral districts, shall, by Order published in the Gazette, certify the number of members which each electoral district is entitled to return by virtue of the Proclamation under Article 97 and this Article. ]

(9)

For the purposes of this Article "the register of electors" means the register of electors for the time being in operation on the basis of which an election is being held.

Proportional Representation.

[(99) ²⁶(1) At any election of Members of Parliament, the total number of members which an electoral district is entitled to return shall be the number specified by the Commissioner of Elections in the Order published in accordance with the provisions of paragraph (8) of Article 98.

(2)

Every elector at an election of Members of Parliament, shall, in addition to his vote, be entitled to indicate his preferences for not more than three candidates nominated by the same recognized political party or independent group.

(3)

Any recognized political party, or any group of persons contesting as independent candidates (hereinafter referred to as an "independent group") may for the purpose of any election of Members of Parliament for any electoral district, submit one nomination paper setting out the names of such number of candidates as is equivalent to the number of members to be elected for that electoral district, increased by three.

(4)

Each elector whose name appears in the register of electors shall be entitled to only one vote notwithstanding that his name appears in the electoral register in more than one electoral district.

(5)

The recognized political party or independent group which polls the highest number of votes in any electoral district shall be entitled to have the candidate nominated by it, who has secured the highest number of preferences, declared elected.

(6)

(a) Every recognized political party and independent group polling 27[less than one twentieth of the total votes] polled at any election in any electoral district shall be disqualified from having any candidates of such party or group being elected for that electoral district.

(b)

The votes polled by the disqualified parties and independent groups, if any, shall be deducted from the total votes polled at the election in that electoral district and the number of votes resulting from such deduction is hereinafter referred to as the "relevant number of votes."

(7)

The relevant number of votes shall be divided by the number of members to be elected for that electoral district reduced by one. If the number resulting from such division is an integer, that integer, or if that number is an integer and fraction, the integer immediately higher to that integer and fraction is hereinafter referred to as the "resulting number."

(8)

The number of votes polled by each recognised political party and independent group (other than those parties or groups disqualified under paragraph (6) of this Article) beginning with the party or group which polled the highest number of votes shall then be divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the preferences secured by each of the candidates nominated by such party or group (the candidate securing the highest number of preferences being declared elected first, the candidate securing the next number of preferences being declared next and so on) such number of candidates (excluding the candidate declared elected under paragraph (5) of this Article) as is equivalent to the whole number resulting from the division by the resulting number of the votes polled by such party or group. The remainder of the votes, if any, after such division, shall be dealt with if necessary, under paragraph (9) of this Article.

(9)

Where after the declaration of the election of members as provided in paragraph (8) of this Article there are one or more members yet to be declared elected, such member or members shall be declared elected by reference to the remainder of the votes referred to in paragraph (8) to the credit of each party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates declared elected under paragraph (8), the candidate nominated by the party or group having the highest of such votes, who has secured the highest or next highest number of preferences being declared elected a member and so on until all the members to be elected are declared elected.

(10)(a) Where the number of votes polled by each recognised political party or independent group is less than the resulting number referred to in paragraph (7) of this Article the party or group which has polled the highest number of votes shall be entitled to have the candidate, nominated by that party or group (excluding the candidate declared elected under paragraph (5) of this Article) who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the candidate nominated by that party or group who has secured the highest number of preferences declared elected and so on, until all the members to be elected for that electoral district are declared elected under the provisions of this paragraph.

(b)

After the determination under paragraph (a) if there are one or more members yet to be declared elected in respect of that electoral district the provisions of that paragraph shall, mutatis mutandis, apply to the election of such members.

(11)

Where under paragraph (5) or (9) or (10) of this Article an equality is found to exist between the votes polled by two or more recognised political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidate of one such party or group to be elected, the determination of the party or group to which such additional vote shall be deemed to have been given shall be made by lot.

(12)

For the purposes of this Article the number of votes polled shall be deemed to be the number of votes counted other than rejected votes.

(13)

(a) Where a Member of Parliament ceases, by resignation, expulsion or otherwise, to be a member of a recognized political party or independent group on whose nomination paper (hereinafter referred to as the "relevant nomination paper") his name appeared at the time of his becoming such Member of Parliament, his seat shall become vacant upon the expiration of a period of one month from the date of his ceasing to be such member :

Provided that in the case of the expulsion of a Member of Parliament his seat shall not become vacant if prior to the expiration of the said period of one month he applies to the Supreme Court by petition in writing, and the Supreme Court upon such application determines that such expulsion was invalid. Such petition shall be inquired into by three Judges of the Supreme Court who shall make their determination within two months of the filing of such petition. Where the Supreme Court determines that the expulsion was valid the vacancy shall occur from the date of such determination.

(b)

Where the seat of a Member of Parliament becomes vacant as provided in Article 66 (other than paragraph (g) of that Article) or by virtue of the preceding provisions of this paragraph the candidate from the relevant recognized political party or independent group who has secured the next highest number of preferences shall be declared elected to fill such vacancy.

²⁸[(14) * * * * ]

Election of Members of Parliament on the basis of the total number of votes polled at a General Election.

²⁹[99A. After the one hundred and ninety six members referred to in Article 98 have been declared elected at a General Election of Members of Parliament, the Commissioner of Elections shall forthwith apportion the balance twenty nine seats among the recognized political parties and independent groups contesting such General Election in the same proportion as the proportion which the number of votes polled by each such party or group at such General Election bears to the total number of votes polled at such General Election and for the purposes of such apportionment, the provisions of paragraphs (4), (5), (6) and (7) of Article 98 shall, mutatis mutandis, apply.

Every recognised political party or independent group contesting a General Election shall submit to the Commissioner of Elections within the nomination period specified for such election a list of persons qualified to be elected as Members of Parliament, from which it may nominate persons to fill the seats, if any, which such party or group will be entitled to, on such apportionment. The Commissioner of Elections shall cause every list submitted to him under this Article to be published forthwith in the Gazette and in one Sinhala, Tamil and English newspaper upon the expiry of the nomination period.

Where a recognized political party or independent group is entitled to a seat under the apportionment referred to above, the Commissioner of Elections shall by a notice, require the Secretary of such recognized political party or group leader of such independent group to nominate within one week of such notice, persons qualified to be elected as Members of Parliament (being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or in any nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats and shall declare elected as Members of Parliament, the persons so nominated.

³⁰[The Commissioner of Elections shall before issuing the aforesaid notice determine whether the number of members belonging to any community, ethnic or otherwise, elected to Parliament under Article 98 is commensurate with the national population ratio and request the Secretary of such recognized political party or group leader of such independent group in so nominating persons to be elected as Members of Parliament to ensure as far as practicable, that the representation of all communities is commensurate with its national population ratio.

For the purposes of this Article the number of votes polled at a General Election shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void.]

Penalty for sitting and voting in Parliament when disqualified.

100. Any person who -

(a)

having been elected a Member of Parliament but not having been at the time of such election qualified to be so elected, shall sit or vote in Parliament ; or

(b)

shall sit or vote in Parliament after his seat therein has become vacant or he has become disqualified from sitting or voting therein,

knowing or having reasonable grounds for knowing that he was so disqualified or that his seat has become vacant, as the case may be, shall be liable to a penalty of five hundred rupees for every day upon which he so sits or votes to be recovered as a debt due to the Republic by an action instituted by the Attorney-General in the District Court of Colombo.

Parliament may make provision in respect of elections.

101. (1) The Parliament may by law make provision for -

(a)

the registration of electors;

(b)

the prescribing of a qualifying date on which a person should be resident in any electoral district to be entered in the register of electors of that electoral district;

(c)

the prescribing of a qualifying date on which a person should have attained the age of eighteen years to qualify for the purposes of registration as an elector;

(d)

the preparation and revision of registers of electors;

(e)

the procedure for the election of Members of Parliament;

(f)

the creation of offences relating to such elections and the punishment therefor;

(g)

the grounds for avoiding such elections, and where an election has been held void the manner of holding fresh elections;

(h)

the form and manner in which vacancies shall be filled when all the candidates whose names appearing in the nomination paper of a recognized political party or independent group have been exhausted 31[by election or otherwise or where a recognized political party or independent group has been proscribed under Article 157A ; and ]

(i)

the manner of determination of disputed elections and such other matters as are necessary or incidental to the election of Members of Parliament:

Provided that no such law shall add to the disqualifications specified in Articles 89 and 91.

(2)

Until Parliament by law makes provision for such matters, the Ceylon (Parliamentary Elections) Order in Council, 1946 as amended from time to time, shall, subject to the provisions of the Constitution, mutatis mutandis, apply.

Public officer or an officer of a public corporation not to function during period of election.

102. When a public officer or an officer of a public corporation is a candidate at any election, be shall be deemed to be on leave from the date on which he stands nominated as a candidate until the conclusion of the election. Such a public officer or an officer of a public corporation shall not during such period exercise, perform or discharge any of the powers, duties or functions of his office.

Commissioner of Elections.

103. (1) There shall be a Commissioner of Elections who shall be appointed by the President and who shall hold office during good behaviour.

(2)

The salary of the Commissioner of Elections shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(3)

The office of the Commissioner of Elections shall become vacant -

(a)

upon his death

(b)

on his resignation in writing addressed to the President;

(c)

on his attaining the age of sixty years ;

(d)

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

(e)

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

(4)

Whenever the Commissioner of Elections is unable to discharge the functions of his office, the President may appoint a person to act in the place of the Commissioner of Elections.

(5)

The President may in exceptional circumstances permit a Commissioner of Elections who has reached the age of sixty years to continue in office for a period not exceeding twelve months.

Powers, duties and functions of Commissioner of Elections

104. The Commissioner of Elections shall exercise, perform or discharge all such powers, duties or functions as may be conferred or imposed on or vested in him by the law for the time being in force relating to elections to the office of President of the Republic and of Members of Parliament, and to Referenda, or by any other written law.

Chapter XV - The Judiciary

Establishment of Courts, &c.

105. (1) Subject to the provisions of the Constitution, the institutions for the administration of justice which protect, vindicate and enforce the rights of the People shall be -

(a)

the Supreme Court of the Republic of Sri Lanka,

(b)

the Court of Appeal of the Republic of Sri Lanka,

(c)

the High Court of the Republic of Sri Lanka and such other Courts of First Instance, tribunals or such institutions as Parliament may from time to time ordain and establish.

(2)

All courts, tribunals and institutions created and established by existing written law for the administration of justice and for the adjudication and settlement of industrial and other disputes, other than the Supreme Court, shall be deemed to be courts, tribunals and institutions created and established by Parliament. Parliament may replace or abolish, or, amend the powers, duties, jurisdiction and procedure of, such courts, tribunals and institutions.

(3)

The Supreme Court of the Republic of Sri Lanka and the Court of Appeal of the Republic of Sri Lanka shall each be a superior court of record and shall have all the powers of such court including the power to punish for contempt of itself, whether committed in the court itself or elsewhere, with imprisonment or fine or both as the court may deem fit. The power of the Court of Appeal shall include the power to punish for contempt of any other court, tribunal or institution referred to in paragraph (1) (c) of this Article, whether committed in the presence of such court or elsewhere:

Provided that the preceding provisions of this Article shall not prejudice or affect the rights now or hereafter vested by any law in such other court, tribunal or institution to punish for contempt of itself.

(4)

Parliament may by law provide for the creation and establishment of courts, tribunals or institutions for the adjudication and settlement of matters relating to the discipline of bhikkus or any dispute between bhikkus or any other dispute relating to the performance of services, in, or in relation to, temples. Such law may, notwithstanding anything to the contrary in this Chapter or Chapter XVI, make provision –

(a)

for the appointment, transfer, dismissal and disciplinary control of the member or members of such courts, tribunals or institutions by the President or by such other person or body of persons as may be provided for in such law ;

(b)

for the exclusion of the jurisdiction of any other institution referred to in paragraph (1) of this Article in relation to such matters and disputes.

In this paragraph the expressions "bhikku" and "temple" shall have the same meanings as in the Buddhist Temporalities Ordinance, as at the commencement of the Constitution.

Public sittings.

106. (1) The sittings of every court, tribunal or other institution established under the Constitution or ordained and established by Parliament shall subject to the provisions of the Constitution be held in public, and all persons shall be entitled freely to attend such sittings.

(2)

A judge or presiding officer of any such court, tribunal or other institution may, in his discretion, whenever he considers it desirable -

(a)

in proceedings relating to family relations,

(b)

in proceedings relating to sexual matters,

(c)

in the interests of national security or public safety, or

(d)

in the interests of order and security within the precincts of such court, tribunal or other institution.

exclude there from such persons as are not directly interested in the proceedings therein.

Independence of the Judiciary

Appointment and removal of Judges of the Supreme Court and Court of Appeal.

107. (1) The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President of the Republic by warrant under his hand.

(2)

Every such Judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity :

Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.

(3)

Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of a such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such Judge to appear and to be heard in person or by representative.

(4)

Every person appointed to be or to act as Chief Justice, President of the Court of Appeal or a Judge of the Supreme Court or Court of Appeal shall not enter upon the duties of his office until he takes and subscribes or makes and subscribes before the President, the oath or the affirmation set out in the Fourth Schedule.

(5)

The age of retirement of Judges of the Supreme Court shall be sixty-five years and of Judges of the Court of Appeal shall be sixty-three years.

The salaries of the Judges of the Supreme Court and Court of Appeal.

108. (1) The salaries of the Judges of the Supreme Court and of the Court of Appeal shall be determined by Parliament and shall be charged on the Consolidated Fund.

(2) The salary payable to, and the Pension entitlement of, a Judge of the Supreme Court and a Judge of the Court of Appeal shall not be reduced after his appointment.

Acting Appointments.

109. (1) If the Chief Justice or the President of the Court of Appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause, the President shall appoint another Judge of the Supreme Court, or of the Court of Appeal, as the case may be, to act in the office of Chief Justice, or President of the Court of Appeal, respectively, during such period.

(2) If any Judge of the Supreme Court or of the Court of Appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause, the President may appoint another person to act as a Judge of the Supreme Court or Court of Appeal, as the case may be, during such period.

Performance or discharge of other duties or functions by judges.

110. (1) A Judge of the Supreme Court or Court of Appeal may be required by the President of the Republic to perform or discharge any other appropriate duties or functions under any written law.

(2)

No Judge of the Supreme Court or Court of Appeal shall perform any other office (whether paid or not) or accept any place of profit or emolument, except as authorized by the Constitution or by written law or with the written consent of the President.

(3)

No person who has held office as a permanent Judge of the Supreme Court or of the Court of Appeal may appear, plead, act or practise in any court, tribunal or institution as an attorney-atlaw at any time without the written consent of the President.

Appointment, removal and disciplinary control of Judges of the High Court.

³²111. [(1) There shall be a High Court of Sri Lanka, which shall exercise such jurisdiction and powers as Parliament may by law vest or ordain. ]

(2)

The Judges of the High Court shall be appointed by the President of the Republic by warrant under his hand and be removable and be subject to disciplinary control by the President on the recommendation of the Judicial Service Commission established under this Chapter.

(3)

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

Commissioners of the High Court.

³³[111A. (1) Where the Minister in charge of the subject of Justice represents to the President that it is expedient that the number of the Judges exercising the jurisdiction and powers of the High Court in any judicial zone should be temporarily increased the President may, by warrant, appoint one or more Commissioners of the High Court to exercise the jurisdiction and powers of the High Court within such judicial zone as is specified in the warrant of appointment of such Commissioner of the High Court.

(2)

Every Commissioner of the High Court appointed under paragraph (1) shall hold office for the period specified in his warrant of appointment and shall be removable, and be subject to disciplinary control, by the President, on the recommendation of the Judicial Service Commission.

(3)

Every Commissioner of the High Court appointed under paragraph (1) may, during his tenure of office, exercise, according to law, such jurisdiction and powers as is, or are, vested or ordained in the High Court by Parliament, and shall be invested with all the rights, powers, privileges and immunities (except such rights and privileges as relate to tenure of office) of a Judge of the High Court, and for this purpose, a reference to a "Judge of the High Court" in the Constitution or other written law shall, unless the context otherwise requires, be deemed to include a reference to a "Commissioner of the High Court” ]

The Judicial Service Commission.

112. (1) There shall be a Judicial Service Commission (in this Chapter referred to as the "Commission") which shall consist of the Chief Justice who shall be the Chairman, and two Judges of the Supreme Court appointed by the President of the Republic.

(2)

The quorum for any meeting of the Commission shall be two members.

(3)

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

(4)

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

(5)

The President may for cause assigned remove from office any member of the Commission appointed by him.

(6)

The President may grant to any member of the Commission leave from his duties, and may appoint a person qualified to be a member of the Commission to be a temporary member for the period of such leave.

(7)

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

(8)

The Judicial Service Commission may make-

(a)

rules regarding schemes for recruitment and procedure for ³⁴[the appointment of judicial officers, and scheduled public officers,] and,

(b)

provision for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of such Commission.

Secretary to the Commission.

113. (1) There shall be a Secretary to the Commission who shall be appointed by the President in consultation with the Cabinet of Ministers.

(2) No person holding the office of Secretary of the Commission shall be a judge of any Court of First Instance, either during or after his tenure of office as Secretary.

Fiscal for the whole island.

³⁵[113A. There shall be a Fiscal who shall be the Fiscal for the whole Island, and shall exercise supervision and control over Deputy Fiscals attached to all Courts of First Instance. ]

Appointment of other judicial officers.

114. (1) The appointment, transfer, dismissal and disciplinary control of judicial officers, and (notwithstanding, anything to the contrary in Chapter IX) of scheduled public officers, is vested in the Commission.

(2)

It shall be competent to the Judicial Service Commission by Order published in the Gazette,

to delegate its powers under paragraph (1) of this Article in respect of such class or category of judicial officers or scheduled public officers as may be specified, to a Committee of not less than three Judges, each of whom shall be a Judge of the Supreme Court or of the Court of Appeal, and one of whom shall be nominated by the Chief Justice as Chairman.

(3)

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

(4)

The Commission may, by Order published in the Gazette, delegate to the Secretary to the Commission ³⁶[the power to make transfers in respect of scheduled public officers,] other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

(5)

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

(6)

In this Article –

“appointment" includes an acting or temporary appointment;

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

"scheduled public officer" means the Registrar of the Supreme Court, ³⁷[the Registrar of the Court of Appeal, the Fiscal, the Registrar of any Court of First Instance] or any public officer employed in the Registry of the Supreme Court, the Court of Appeal or any Court of First Instance, included in a category specified in the Fifth Schedule or in such other categories as may be specified by Order made by the Minister in charge of the subject of Justice, and approved by Parliament, and published in the Gazette.

Interference with Judicial Service Commission an offence.

115. Every person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any manner whatsoever, influences or attempts to influence any decision of the Commission or of any member thereof, shall be guilty of an offence and shall, on conviction by the High Court after trial without a jury, be liable to a fine not exceeding one thousand rupees or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment :

Provided that nothing in this Article shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any judicial office.

Interference with judiciary an offence.

116. (1) Every judge, presiding officer, public officer or other person entrusted by law with judicial powers or functions or with functions under this Chapter or with similar functions under any law enacted by Parliament shall exercise and perform such powers and functions without being subject to any direction or other interference proceeding from any other person except a superior court, tribunal, institution or other person entitled under law to direct or supervise such judge, presiding officer, public officer or such other person in the exercise or performance of such powers or functions.

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

Immunity of members of the Commission.

117. No suit or proceeding shall lie against any member of the Commission for any act which in good faith is done or is purported to be done by him in the performance of his duties or discharge of his functions under the Constitution.

Chapter XVI - The Superior Courts

The Supreme Court

General jurisdiction of Supreme Court.

118. The Supreme Court of the Republic of Sri Lanka shall be the highest and final superior Court of record in the Republic and shall subject to the provisions of the Constitution exercise –

(a)

jurisdiction in respect of constitutional matters;

(b)

jurisdiction for the protection of fundamental rights;

(c)

final appellate jurisdiction;

(d)

consultative jurisdiction;

(e)

jurisdiction in election petitions;

(f)

jurisdiction in respect of any breach of the privileges of Parliament; and

(g)

jurisdiction in respect of such other matters which Parliament may by law vest or ordain.

Constitution of Supreme Court.

119. (1) The Supreme Court shall consist of the Chief Justice and of not less than six and not more than ten other Judges who shall be appointed as provided in Article 107.

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

Constitutional jurisdiction of the Supreme Court.

120. The Supreme Court shall have sole and exclusive jurisdiction to determine any question as to whether any Bill or any provision thereof is inconsistent with the Constitution:

Provided that-

(a)

in the case of a Bill described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83;

(b)

where the Cabinet of Ministers certifies that a Bill which is described in its long title as being for the amendment of any provisions of the Constitution, or for the repeal and replacement of the

Constitution, intended to be passed with the special majority required by Article 83 and submitted to the People by Referendum, the Supreme Court shall have and exercise no jurisdiction in respect of such Bill ;

(c)

where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution, or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 84, the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83 or whether such Bill is required to comply with paragraphs (1) and (2) Of Article 82; or

(d)

where the Cabinet of Ministers certifies that any provision of any Bill which is not described in its long title as being for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution is intended to be passed with the special majority required by Article 84, the only question which the Supreme Court may determine is whether any other provision of such Bill requires to be passed with the special majority required by Article 84 or whether any provision of such Bill requires the approval by the People at a Referendum by virtue of the provisions of Article 83 or whether such Bill is required to comply with the provisions of paragraphs (1) and (2) of Article 82.

Ordinary exercise of constitutional jurisdiction in respect of Bills.

121. (1) The jurisdiction of the Supreme Court to ordinarily determine any such question as aforesaid may be invoked by the President by a written reference addressed to the Chief Justice, or by any citizen by a petition in writing addressed to the Supreme Court. Such reference shall be made, or such petition shall be filed, within one week of the Bill being placed on the Order Paper of the Parliament, and a copy thereof shall at the same time be delivered to the Speaker. In this paragraph "citizen " includes a body, whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens.

(2)

Where the jurisdiction of the Supreme Court has been so invoked no proceedings shall be had in Parliament in relation to such Bill until the determination of the Supreme Court has been made, or the expiration of a period of three weeks from the date of such reference or petition, whichever occurs first.

(3)

The Supreme Court shall make and communicate its determination to the President and to the Speaker within three weeks of the making of the reference or the filing of the petition, as the case may be.

Special exercise of constitutional jurisdiction in respect of urgent Bills.

122. (1) In the case of a Bill which is, in the view of the Cabinet of Ministers, urgent in the national interest, and bears an endorsement to that effect under the hand of the Secretary to the Cabinet –

(a)

the provisions of Article 78 (1) and of Article 121, shall subject to the provisions of paragraph (2) of this Article, have no application;

(b)

the President shall by a written reference addressed to the Chief Justice, require the special determination of the Supreme Court as to whether the Bill or any provision thereof is inconsistent with the Constitution. A copy of such reference shall at the same time be delivered to the Speaker;

(c)

the Supreme Court shall make its determination within twenty-four hours (or such longer period not exceeding three days as the President may specify) of the assembling of the Court, and shall communicate its determination only to the President and the Speaker.

(2)

The provisions of paragraph (2) of Article 121 shall, mutatis mutandis, apply to such Bill.

Determination of Supreme Court in respect of Bills.

123. (1) The determination of the Supreme Court shall be accompanied by the reasons therefor, and shall state whether the Bill or any provision thereof is inconsistent with the Constitution and if so, which provision or provisions of the Constitution.

(2)

Where the Supreme Court determined that the Bill or any provision thereof is inconsistent with the Constitution, it shall also state-

(a)

whether such Bill is required to comply with the Provisions Of paragraphs (1) and (2) of Article 82; or

(b)

whether such Bill or any provision thereof may only be passed by the special majority required under the provisions of paragraph (2) of Article 84; or

(c)

whether such Bill or any provision thereof requires to be passed by the special majority required under the provisions of paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of the provisions of Article 83,

and may specify the nature of the amendments which would make the Bill or such provision cease to be inconsistent.

(3)

In the case of a Bill endorsed as provided in Article 122, if the Supreme Court entertains a doubt whether the Bill or any provision thereof is inconsistent with the Constitution, it shall be deemed to have been determined that the Bill or such provision of the Bill is inconsistent with the Constitution, and the Supreme Court shall comply with the provisions of paragraphs (1) and

(2)

of this Article.

(4)

Where any Bill, or the provision of any Bill, has been determined, or is deemed to have been determined to be inconsistent with the Constitution, such Bill or such provision shall not be passed except in the manner stated in the determination of the Supreme Court:

Provided that it shall be lawful for such Bill to be passed after, such amendment as would make the Bill cease to be inconsistent with the Constitution.

Validity of Bills and legislative process not to be questioned.

124. Save as otherwise provided in Articles 120, 121 and 122, no court or tribunal created and established for the administration of justice, or other institution, person or body of persons shall in relation to any Bill, have power or jurisdiction to inquire into, or pronounce upon, the constitutionality of such Bill or its due compliance with the legislative process, on any ground whatsoever.

Constitutional jurisdiction in the interpretation of the Constitution.

125. (1) The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution, and accordingly, whenever any such question arises in the course of any proceeding in any other court or tribunal or other institution empowered by law to administer justice or to exercise judicial or quasi-judicial functions, such question shall forthwith be referred to the Supreme Court for determination. The Supreme Court may direct that further proceedings be stayed pending the determination of such question.

(2) The Supreme Court shall determine such question within two months of the date of reference and make any such consequential order as the circumstances of the case may require.

Fundamental rights jurisdiction and its exercise.

126. (1) The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the infringement or imminent infringement by executive or administrative action of any fundamental right or language right declared and recognized by Chapter III or Chapter IV.

(2)

Where any person alleges that any such fundamental right or language right relating to such person has been infringed or is about to be infringed by executive or administrative action, he may himself or by an attorney-at-law on his behalf, within one month thereof, in accordance with such rules of court as may be in force, apply to the Supreme Court by way of petition in writing addressed to such Court praying for relief or redress in respect of such infringement. Such application may be proceeded with only with leave to proceed first had and obtained from the Supreme Court, which leave may be granted or refused, as the case may be, by not less than two Judges.

(3)

Where in the course of hearing in the Court of Appeal into an application for orders in the nature of a writ of habeas corpus, certiorari, prohibition, procedendo, mandamus or quo warranto, it appears to such Court that there is prima facie evidence of an infringement or imminent infringement of the provisions of Chapter III or Chapter IV by a party to such application, such Court shall forthwith refer such matter for determination by the Supreme Court.

(4)

The Supreme Court shall have power to grant such relief or make such directions as it may

deem just and equitable in the circumstance in respect of any petition or reference referred to in paragraphs (2) and (3) of this Article or refer the matter back to the Court of Appeal if in its opinion there is no infringement of a fundament right or language right.

(5)

The Supreme Court shall hear and finally dispose of any petition or reference under this Article within two months of the filing of such petition or the making of such reference.

Appellate Jurisdiction.

127. (1) The Supreme Court shall, subject to the Constitution, be the final Court of civil and criminal appellate jurisdiction for and within the Republic of Sri Lanka for the correction of all errors in fact or in law which shall be committed by the Court of Appeal or any Court of First Instance, tribunal or other institution and the judgments and orders of the Supreme Court shall in all cases be final and conclusive in all such matters.

(2) The Supreme Court shall, in the exercise of its jurisdiction, have sole and exclusive cognizance by way of appeal from any order, judgment, decree, or sentence made by the Court of Appeal, where any appeal lies in law to the Supreme Court and it may affirm, reverse or vary any such order, judgment, decree or sentence of the Court of Appeal and may issue such directions to any Court of First Instance or order a new trial or further hearing in any proceedings as the justice of the case may require, and may also call for and admit fresh or additional evidence if the interests of justice so demands and may in such event, direct that such evidence be recorded by the Court of Appeal or any Court of First Instance.

Right of appeal.

128. (1) An appeal shall lie to the Supreme Court from any final order, Judgment, decree or sentence of the Court of Appeal in any matter or proceedings, whether civil or criminal, which involves a substantial question of law, if the Court of Appeal grants leave to appeal to the Supreme Court ex mero motu or, at the instance of any aggrieved party to such matter or proceedings;

(2)

The Supreme Court may, in its discretion, grant special leave to appeal to the Supreme Court from any final or interlocutory order, judgment, decree, or sentence made by the Court of Appeal in any matter or proceedings, whether civil or criminal, where the Court of Appeal has refused to grant leave to appeal to the Supreme Court, or where in the opinion of the Supreme Court, the case or matter is fit for, review by the Supreme Court :

Provided that the Supreme Court shall grant leave to appeal in every matter or proceedings in which it is satisfied that the question to be decided is of public or general importance.

(3)

Any appeal from an order or judgment of the Court of Appeal, made or given in the exercise of its Jurisdiction under Article 139, 140, 141, 142 or 143 to which the President, a Minister, a Deputy Minister or a public officer in his official capacity is a party, shall be heard and determined within two months of the date of filing thereof.

(4)

An appeal shall lie directly to the Supreme Court on any matter and in the manner specifically provided for by any other law passed by Parliament.

Consultative jurisdiction.

129. (1) If at any time it appears to the President of the Republic that a question of law or fact has arisen or is likely to arise which is of such nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer that question to that Court for consideration and the Court may, after such hearing as it thinks fit, within the period specified in such reference or within such time as may be extended by the President, report to the President its opinion thereon.

(2)

Where the Speaker refers to the Supreme Court for inquiry and report all or any of the allegation or allegations, as the case may be, contained in any such resolution as is referred in Article 38 (2) (a), the Supreme Court shall in accordance with Article 38 (2) (d) inquire into such allegation or allegations and shall report its determination to the Speaker within two months of the date of reference.

(3)

Such opinion, determination and report shall be expressed after consideration by at least five Judges of the Supreme Court, of whom, unless he otherwise directs, the Chief Justice shall be one.

(4)

Every proceeding under paragraph (1) of this Article shall be held in private unless the Court for special reasons otherwise directs.

Jurisdiction in ³⁸[election and referendum petitions.]

130. The Supreme Court shall have the power to hear and determine and make such orders as provided for by law on –

(a)

any legal proceeding relating to ³⁹[election of the President or the validity of a referendum].

(b)

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

Provided that the hearing and determination of a proceeding relating to the ⁴⁰[ election of the President or the validity of a referendum shall be] by at least five Judges of the Supreme Court of whom, unless he otherwise directs, the Chief Justice shall be one.

Jurisdiction in respect of the breaches of Parliamentary privileges.

131. The Supreme Court shall have according to law the power to take cognizance of and punish any person for the breach of the privileges of Parliament.

Sitting of the Supreme Court.

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

(2)

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

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

(3)

The Chief Justice may-

(i)

of his own motion ; or

(ii)

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

(iii) on the application of a party to any appeal, proceeding or matter if the question involved is in the opinion of the Chief Justice one of general and public importance,

direct that such appeal, proceeding or matter be heard by a Bench comprising five or more Judges of the Supreme Court.

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

Appointment of ad hoc Judges.

133. (1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any sittings of the Court, the Chief Justice may with the previous consent of the President request in writing the attendance at the sittings of the Court as an ad hoc Judge, for such period as may be necessary, of the President of the Court of Appeal or any Judge of the Court of Appeal.

(2) It shall be the duty of such a Judge who had been so requested, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdictions, powers and privileges, and shall perform the duties, of a Judge of the Supreme Court.

Right to be heard by the Supreme Court.

134. (1) The Attorney-General shall be noticed and have the right to be heard in all proceedings in the Supreme Court in the exercise of its jurisdiction under Articles 120, 121, 122, 125, 126, 129 (1) and 131.

(2)

Any party to any proceedings in the Supreme Court in the exercise of its jurisdiction shall have the right to be heard in such proceedings either in person or by representation by an attorney-at-law.

(3)

The Supreme Court may in its discretion grant to any other person or his legal representative such hearing as may appear to the Court to be necessary in the exercise of its jurisdiction under this Chapter.

Registry of the Supreme Court and office of Registrar.

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

Rules of the Supreme Court.

136. (1) Subject to the provisions of the Constitution and of any law the Chief Justice with any three Judges of the Supreme Court nominated by him, may, from time to time, make rules regulating generally the practice and procedure of the Court including -

(a)

rules as to the procedure for hearing appeals and other matters pertaining to appeals including the terms under which appeals to the Supreme Court and the Court of Appeal are to be entertained and provision for the dismissal of such appeals for non-compliance with such rules ;

(b)

rules as to the proceedings in the Supreme Court and Court of Appeal in the exercise of the several jurisdictions conferred on such Courts by the Constitution or by any law, including the time within which such matters may be instituted or brought before such Courts and the dismissal of such matters for non-compliance with such rules ;

(c)

rules as to the granting of bail ;

(d)

rules as to the stay of proceedings ;

(e)

rules providing for the summary determination of any appeal or any other matter before such Court by petition or otherwise, which appears to the Court to be frivolous and vexatious or brought for the purpose of delay ;

(f)

the preparation of copies of records for the purpose of appeal or other proceedings in the Supreme Court and Court of Appeal ;

(g)

the admission, enrolment, suspension and removal of attorneys-at-law ⁴¹[ * * * ] and the rules of conduct and etiquette for such attorneys-at-law ;

(h)

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

(i)

the manner in which panels of jurors may be prepared, and the mode of summoning, empanelling and challenging of jurors ;

(j)

proceedings of Fiscals and other ministerial officers of such courts and the process of such courts and the mode of executing the same ;

(k)

the binding effect of the decisions of the Supreme Court ;

(n( �/span>

all matters of practice and procedure including the nature and extent of costs that may be awarded, the manner in which such costs may be taxed and the stamping of documents in the Supreme Court, Court of Appeal, High Court and Courts of First Instance not specially provided by or under any law.

(2)

Every rule made under this Article shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such rule.

(3)

All rules made under this Article shall as soon as convenient after their publication in the Gazette be brought before Parliament for approval. Any such rule which is not so approved shall be deemed to be rescinded as from the date it was not so approved, but without prejudice to anything previously done there under.

(4)

The Chief Justice and any three Judges of the Supreme Court nominated by him may amend, alter or revoke any such rules of court and such amendment, alteration or revocation of the rules will operate in the like manner as set out in the preceding paragraph with reference to the making of the rules of court.

The Court of Appeal

The Court of Appeal.

137. The Court of Appeal shall consist of the President of the Court of Appeal and not less than six and not more than eleven other Judges who shall be appointed as provided in Article 107.

Jurisdiction of the Court of Appeal.

138. (1) The Court of Appeal shall have and exercise subject to the provisions of the Constitution or of any law, an appellate jurisdiction for the correction of all errors in fact or in law which shall be ⁴²[committed by the High Court, in the exercise of its appellate or original jurisdiction or by any Court of First Instance], tribunal or other institution and sole and exclusive cognizance, by way of appeal, revision and restitution in integrum, of all causes, suits, actions, prosecutions, matters and things ⁴³[of which such High Court, Court of First Instance] tribunal or other institution may have taken cognizance :

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

(2) The Court of Appeal shall also have and exercise all such powers, and jurisdiction, appellate and original, as Parliament may by law vest or ordain.

Powers in appeal.

139. (1) The Court of Appeal may in the exercise of its jurisdiction, affirm, reverse, correct or modify any order, judgment, decree or sentence according to law or it may give directions to such Court of First Instance, tribunal or other institution or order a new trial or further hearing upon such terms as the Court of Appeal shall think fit.

(2) The Court of Appeal may further receive and admit new evidence additional to, or supplementary of, the evidence already taken in the Court of First Instance touching the matters at issue in any original case, suit, prosecution or action, as the justice of the case may require.

Power to issue writs, other than writs of habeas corpus.

140. Subject to the provisions of the Constitution, the Court of Appeal shall have full power and authority to inspect and examine the records of any Court of First Instance or tribunal or other institution, and grant and issue, according to law, orders in the nature of writs of certiorari, prohibition, procedendo, mandamus and quo warranto against the judge of any Court of First Instance or tribunal or other institution or any other person :

⁴⁴[Provided that Parliament may by law provide that in any such category of cases as may be specified in such law, the jurisdiction conferred on the Court of Appeal by the preceding provisions of this Article shall be exercised by the Supreme Court and not by the Court of Appeal.]

Power to issue writs of habeas corpus.

141. The Court of Appeal may grant and issue orders in the nature of writs of habeas corpus to bring up before such Court -

(a)

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

(b)

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

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

Provided that it shall be lawful for the Court of Appeal to require the body of such person to be brought up before the most convenient Court of First Instance and to direct the judge of such court to inquire into and report upon the acts of the alleged imprisonment or detention and to make such provision for the interim custody of the body produced as to such court shall seem right; and the Court of Appeal shall upon the receipt of such report, make order to discharge or remand the person so alleged to be imprisoned or detained or otherwise deal with such person according to law, and the Court of First Instance shall conform to, and carry into immediate effect, the order so pronounced or made by the Court of Appeal:

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

Power to bring up and remove prisoners.

142. The Court of Appeal may direct -

(i)

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

(ii)

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

Power to grant injunctions.

143. The Court of Appeal shall have the power to grant and issue injunctions to prevent any irremediable mischief which might ensure before a party making an application for such injunction could prevent the same by bringing an action in any Court of First Instance :

Provided that it shall not be lawful for the Court of Appeal to grant an injunction to prevent a party to any action in any court from appealing to or prosecuting an appeal to the Court of Appeal or to prevent any party to any action in any court from insisting upon any ground of action, defence or appeal, or to prevent any person from suing or prosecuting in any court, except where such person has instituted two separate actions in two different courts for and in respect of the same cause of action, in which case the Court of Appeal shall have the power to intervene by restraining him from prosecuting one or other of such actions as to it may seem fit.

Parliamentary election petitions.

144. The Court of Appeal shall have and exercise jurisdiction to try election petitions in respect of the election to the membership of Parliament in terms of any law for the time being applicable in that behalf.

Inspection of records.

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

Sittings of the Court of Appeal.

146. (1) The Court of Appeal shall ordinarily exercise its jurisdiction at Colombo:

Provided however that the Chief Justice may from time to time when he deems it so expedient direct that the Court of Appeal shall hold its sittings and exercise its jurisdiction in any judicial zone or district, specified in the direction.

⁴⁵[(2) The jurisdiction of the Court of Appeal may be exercised in different matters at the same time by the several judges of the Court sitting apart :

Provided that -

(i)

its jurisdiction in respect of -

(a)

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

(b)

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

(ii)

its jurisdiction in respect of its powers under Article 144 shall be exercised by the President of the Court of Appeal or any judge of that Court nominated by the President or one or more of such Judges nominated by the President of whom such President may be one ;

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

(3)

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

(4)

The judgment of the Court of Appeal, shall when it is not an unanimous decision, be the decision of the majority.

Registry of the Court of Appeal and office of Registrar.

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

Chapter XVII - Finance

Control of Parliament over public finance

148. Parliament shall have full control over public finance. No tax, rate or any other levy shall be imposed by any local authority or any other public authority, except by or under the authority of a law passed by Parliament or of any existing law.

Consolidated Fund.

149. (1) The funds of the Republic not allocated by law to specific purposes shall form one Consolidated Fund into which shall be paid the produce of all taxes, imposts, rates and duties and all other revenues and receipts of the Republic not allocated to specific purposes.

(2) The interest on the public debt, sinking fund payments, the costs, charges and expenses incidental to the collection, management and receipt of the Consolidated Fund and such other expenditure as Parliament may determine shall be charged on the Consolidated Fund.

Withdrawals of sums from Consolidated Fund.

150. (1) Save as otherwise expressly provided in paragraphs (3) and (4) of this Article, no sum shall be withdrawn from the Consolidated Fund except under the authority of a warrant under the hand of the Minister in charge of the subject of Finance.

(2)

No such warrant shall be issued unless the sum has by resolution of Parliament or by any law been granted for specified public services for the financial year during which the withdrawal is to take place or is otherwise lawfully, charged on the Consolidated Fund.

(3)

Where the President dissolves Parliament before the Appropriation Bill for the financial year has passed into law, he may, unless Parliament shall have already made provision, authorize the issue from the Consolidated Fund and the expenditure of such sums as he may consider necessary for the public services until the expiry of a period of three months from the date on which the new Parliament is summoned to meet.

(4)

Where the President dissolves Parliament and fixes a date or dates for a General Election the President may, unless Parliament has already made provision in that behalf, authorize the issue from the Consolidated Fund and the expenditure of such sums as he may, after consultation with the Commissioner of Elections, consider necessary for such elections.

Contingencies Fund.

151. (1) Notwithstanding any of the provisions of Article 149, Parliament may by law create a Contingencies Fund for the purpose of providing for urgent and unforeseen expenditure.

(2)

The Minister in charge of the subject of Finance, if satisfied –

(a)

that there is need for any such expenditure, and

(b)

that no provision for such expenditure exists,

may, with the consent of the President, authorize provision to be made therefor by an advance from the Contingencies Fund.

(3)

As soon as possible after every such advance, a Supplementary Estimate shall be presented to Parliament for the purpose of replacing the amount so advanced.

Special Provisions as to Bills affecting public revenue.

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

Auditor General.

153. (1) There shall be an Auditor-General who shall be appointed by the President and who shall hold office during good behaviour.

(2)

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

(3)

The office of the Auditor-General shall become vacant-

(a)

upon his death ;

(b)

on his resignation in writing addressed to the President ;

(c)

on his attaining the age of sixty years ;

(d)

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

(e)

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

(4)

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

Duties and functions of Auditor-General.

154. (1) The Auditor-General shall audit the accounts of all departments of Government, the Offices of the Cabinet of Ministers, the Judicial Service Commission, the Public Service Commission, the Parliamentary Commissioner for Administration, the Secretary-General of Parliament and the Commissioner of Elections, local authorities, public corporations and business or other undertakings vested in the Government under any written law.

(2)

Notwithstanding the provisions of paragraph (1) of this Article, the Minister in charge of any such public corporation or business or other undertaking may, with the concurrence of the Minister in charge of the subject of Finance, and in consultation with the Auditor-General, appoint a qualified auditor or auditors to audit the accounts of such public corporation or business or other undertaking. Where such appointment has been made by the Minister, the Auditor-General may, in writing, inform such auditor or auditors that he proposes to utilize his or their services for the performance and discharge of the Auditor-General's duties and functions in relation to such public corporation, business or other undertaking and thereupon such auditor or auditors shall act under the direction and control of the Auditor-General.

(3)

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

(4)

(a) The Auditor-General may for the purpose of the performance and discharge of his duties and functions engage the services of a qualified auditor or auditors who shall act under his direction and control.

(b)

If the Auditor-General is of opinion that it is necessary to obtain assistance in the examination of any technical, professional or scientific problem relevant to the audit, he may engage the services of -

(i)

a person not being an employee of the department, body or authority the accounts of which are being audited, or

(ii)

any technical or professional or scientific institution not being an institution which has any interest in the management of the affairs of such department, body or authority.

and such person or institution shall act under his direction and control.

(5)

(a) The Auditor-General or any person authorized by him shall in the performance and discharge of his duties and functions be entitled –

(i)

to have access to all books, records, returns and other documents

(ii)

to have access to stores and other property ; and

(iii) to be furnished with such information and explanations as may be necessary for the performance of such duties and functions.

(b)

Every qualified auditor appointed to audit the accounts of any public corporation, or business or other undertaking, or any person authorized by such auditor shall be entitled to like access, information and explanations in relation to such public corporation, or business or other undertaking.

(6)

The Auditor-General shall within ten months after the close of each financial year and as and when he deems it necessary report to Parliament on the performance and, discharge of his duties and functions under the Constitution.

(7)

Every qualified auditor appointed under the provisions of paragraph (2) of this Article shall submit his report to the Minister and also submit a copy thereof to the Auditor-General.

(8)

In this Article, "qualified auditor" means -

(a)

an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute ; or

(b)

a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute.

⁴⁶[Chapter XVIIA]

Establishment of Provincial Councils.

154A. (1) Subject to the provisions of the Constitution, a Provincial Council shall be established for every Province specified in the Eighth Schedule with effect from such date or dates as the President may appoint by Order published in the Gazette. Different dates may be appointed in respect of different Provinces.

(2)

Every Provincial Council established under paragraph (1) shall be constituted upon the election of the members of such Council in accordance with the law relating to Provincial Council elections.

(3)

Notwithstanding anything in the preceding provisions of this Article, Parliament may by, or under, any law provide for two or three adjoining Provinces to form one administrative unit with one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers and for the manner of determining whether such Provinces should continue to be administered as one administrative unit or whether each such Province should constitute a separate administrative unit with its own Provincial Council, and a separate Governor, Chief Minister and Board of Ministers.

Governor.

154B. (1) There shall be a Governor for each Province for which a Provincial Council has been established in accordance with Article 154A.

(2)

The Governor shall be appointed by the President by warrant under his hand, and shall hold office, in accordance with Article 4(b), during the pleasure of the President.

(3)

The Governor may, by writing addressed to the President, resign his office.

(4)

(a) The Provincial Council may, subject to sub-paragraph (b) present an address to the President advising the removal of the Governor on the ground that the Governor-

(i)

has intentionally violated the provisions of the Constitution;

(ii)

is guilty of misconduct or corruption involving the abuse of the powers of his office; or

(iii) is guilty of bribery of an offence involving moral turpitude,

if a resolution for the presentation of such address is passed by not less than two-thirds of the whole number of members of the Council (including those not present).

(b)

No resolution for the presentation of an address to the President advising the removal of the Governor on the grounds referred to in sub-paragraph (a) shall be entertained by the Chairman of the Provincial Council or discussed at the Council, unless notice of such resolution is signed by

not less than one-half of the whole number of members present.

(5)

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

(6)

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

(7)

Upon such assumption of office a Governor shall cease to hold any other office created or recognized by the Constitution, and if he is a Member of Parliament, shall vacate his seat in Parliament. The Governor shall not hold any other office or place of profit.

(8)

(a) The Governor may, from time to time, summon the Provincial Council to meet at such time and place as he thinks fit, but two months shall not intervene between the last sitting in one session and the date appointed for the first sitting in the next session.

(b)

The Governor may, from time to time, prorogue the Provincial Council.

(c)

The Governor may dissolve the Provincial Council.

(d)

The Governor shall exercise his powers under this paragraph in accordance with the advice of the Chief Minister, so long as the Board of Ministers commands, in the opinion of the Governor, the support of the majority of the Provincial Council.

(9)

Without prejudice to the powers of the President under Article 34 and subject to his directions the Governor of a Province shall have the power to grant a pardon to every person convicted of an offense against a statute made by the Provincial Council of that Province or a law made by Parliament on a matter in respect of which the Provincial Council has power to make statutes and to grant a respite or remission of punishment imposed by Court on any such person:

Provided that where the Governor does not agree with the advice of the Board of Ministers in any case and he considers it necessary to do so in the public interest, he may refer that case to the President for orders.

(10)

(a) The Governor may address the Provincial Council and may for that purpose require the attendance of members.

(b)

The Governor may also send messages to the Council either with respect to a statute then pending with the Council or otherwise, and when a message is so sent the Council shall with all convenient despatch consider any matter required by the message to be taken into consideration.

(11)

It shall be the duty of the Chief Minister of every Province -

(a)

to communicate to the Governor of the Province all decisions of the Board of Ministers relating to the administration of the affairs of the Province and the proposals for legislation;

(b)

to furnish such information relating to the administration of the affairs of the Province and proposals for legislation as the Governor may call for; and

(c)

if the Governor so requires, to submit for consideration of the Board of Ministers any such matter on which a decision has been taken by a Minister but which has not been considered by the Board.

(12)

Parliament shall by law or resolution make provision for the salary, allowances, age of retirement and pension entitlement of holders of the office of Governor.

Exercise of executive powers by the Governor.

154C. Executive power extending to the matters with respect to which a Provincial Council has power to make statutes shall be exercised by the Governor of the Province for which that Provincial Council is established, either directly or through Ministers of the Board of Ministers, or through officers subordinate to him, in accordance with Article 154F.

Membership of Provincial council.

154D. (1) A Provincial Council shall consist of such number of members as may be determined by or under law, having regard to the area and population of the Province for which that Provincial Council is established.

(2)

(a) A Provincial Council may at the commencement of the term of office of its members, decide, by resolution, to grant Members of Parliament elected for electoral districts, the limits of which fall within the Province for which that Provincial Council is established, the right to participate in proceedings of that Council.

(b)

So long as a resolution passed under sub-paragraph (a) is in force, a Member of Parliament elected for an electoral district, the limits of which fall within the Province for which that Provincial Council is established, shall have the right, during the term of office of that Council, to speak in, and otherwise take part in, the proceedings of that Provincial Council and to speak in, and otherwise take part in, any committee of the Provincial Council of which he may be named a member but shall be entitled to vote there at only if the resolution passed under subparagraph (a) so provides.

(c)

The provisions of this paragraph shall cease to operate on the date of dissolution of the First Parliament.

Term of Office.

154E. A Provincial Council shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and the expiration of the said period of five years shall operate as a dissolution of the Council.

Board of Ministers.

154F. (1) There shall be a Board of Ministers with the Chief Minister at the head and not more than four other Ministers to aid and advise the Governor of a Province in the exercise of his functions. The Governor shall, in the exercise of his functions, act in accordance with such advice except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.

(2)

If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question in any Court on the ground that he ought or ought not have acted on his discretion. The exercise of the Governor's discretion shall be on the President's directions.

(3)

The question whether any, and if so what, advice was tendered by the Ministers to the Governor shall not be, inquired into in any Court.

(4)

The Governor shall appoint as Chief Minister, the member of the Provincial Council constituted for that Province, who, in his opinion, is best able to command the support of a majority of the members of that Council:

Provided that where more than one-half of the members elected to a Provincial Council are members of one political party, the Governor shall appoint the leader of that political party in the Council, as Chief Minister.

(5)

The Governor shall, on the advice of the Chief Minister, appoint from among the members of the Provincial Council constituted for that Province, the other Ministers.

(6)

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

(7)

A person appointed to the office of Chief Minister or member of the Board of Ministers shall not enter upon the duties of his office until he takes and subscribes the oath, or makes and subscribes the affirmation, set out in the Fourth Schedule.

Statutes of Provincial Councils.

154G. (1) Every Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Province for which it is established, with respect to any matter set out in List I of the Ninth Schedule (hereinafter referred to as "the Provincial Council List")

(2)

No Bill for the amendment or repeal of the provisions of this Chapter or the Ninth Schedule shall become law unless such Bill has been referred by the President after its publication in the Gazette and before it is placed on the Order paper of Parliament, to every Provincial Council for the expression of its views thereon, within such period as may be specified in the reference, and -

(a)

where every such Council agrees to the amendment or repeal, such Bill is passed by a majority of the Members of Parliament present and voting ;

or

(b)

where one or more Councils do not agree to the amendment or repeal such Bill is passed by the special majority required by Article 82.

(3)

No Bill in respect of any matter set out in the Provincial Council List shall become law unless such Bill has been referred by the President , after its publication in the Gazette and before it is placed in the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon, within such period as may be specified in the reference, and -

(a)

where every such Council agrees to the passing of the Bill, such Bill is passed by a majority of the Members of Parliament present and voting ; or

(b)

where one or more Councils do not agree to the passing of the Bill, such Bill is passed by the special majority required by Article 82:

Provided that where such reference, some but not all the Provincial Councils agree to passing of a Bill, such Bill shall become law applicable only to the Provinces for which the Provincial Councils agreeing to the Bill have been established, upon such Bill being passed by a majority of the Members of Parliament present and voting.

(4)

Where one or more Provincial Councils request Parliament by resolution, to make law on any matter set out in the Provincial Council List, Parliament may make law on that matter, applicable only to the Provinces for which those Provincial Councils are established, by a majority of Members of Parliament present and voting.

(5)

(a) Parliament may make laws with respect to any matter set out in List III of the Ninth Schedule (hereafter referred to as "the Concurrent List") after such consultation with all Provincial Councils as Parliament may consider appropriate in the circumstances of each case.

(b)

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

(6)

If any provision of any statute made by a Provincial Council is inconsistent with the provisions of any law made in accordance with the preceding provisions of this Article, the provisions of such law shall prevail and the provisions of such statute shall, to the extent of such inconsistency, be void.

(7)

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

(8)

Where there is a law with respect to any matter on the Provincial Council List in force on the date on which this Chapter comes into force, and a Provincial Council established for a Province subsequently makes a statute on the same matter and which is described in its long title as being inconsistent with that law, then, the provisions of that law shall, with effect from the date on which that statute receives assent and so long only as that statute is in force remain suspended and be inoperative within that Province.

(9)

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

(10)

Nothing in this Article shall be read or construed as derogating from the powers conferred on Parliament by the Constitution to make laws, in accordance with the Provisions of the Constitution (inclusive of this Chapter), with respect to any matter, for the whole of Sri Lanka or any part thereof.

(11)

Notwithstanding anything in paragraph (3) of this Article, Parliament may make laws, otherwise than in accordance with the procedure set out in that paragraph, in respect of any matter set out in the Provincial Council List for implementing any treaty, agreement or convention with any other country or countries or any decisions made at an international conference, association, or other body.

Assent.

154H. (1) Every statute made by a Provincial Council shall come into force upon such statute receiving assent as hereinafter provided.

(2)

Every statute made by a Provincial Council shall be presented to the Governor for his assent, forthwith upon the marking thereof, and the Governor shall either assent to the statute or he may as soon as possible after the statute is presented to him for assent, return it to the Provincial Council together with a message requesting the Council to reconsider the statute or any specified provision thereof and in particular, requesting it to consider the desirability of introducing such amendments as may be recommended in the message.

(3)

Where a statute is returned to a Provincial Council by the Governor under paragraph (2), the Provincial Council shall reconsider the statute having regard to the Governor's message and may pass such statute with or without amendment and present it to the Governor for his assent.

(4)

Upon presentation of a statute to the Governor under paragraph (3), the Governor may assent to the statute or reserve it for reference by the President to the Supreme Court, within one month of the passing of the statute for the second time, for a determination that it is not inconsistent with the provisions of the Constitution. Where upon such reference, the Supreme Court determines that the statute is consistent with the provisions of the Constitution, the Governor

shall, on receipt by him of the Court's determination, assent to the statute. Where upon such reference, the Supreme Court determines that the statute is inconsistent with the provisions of the Constitution, the Governor shall withhold assent to the statute.

Public Security.

154J. (1) Upon the making of a Proclamation under the Public Security Ordinance or the law for the time being in force relating to public security, bringing the provisions of such Ordinance or law into operation on the ground that the maintenance of essential supplies and services is threatened or that the security of Sri Lanka is threatened by war or external aggression or armed rebellion, the President may give directions to any Governor as to the manner in which the executive power exercisable by the Governor is to be exercised. The direction so given shall be in relation to the grounds specified in such Proclamation for the making thereof.

Explanation: A Proclamation under the Public Security Ordinance declaring that the maintenance of essential supplies and services is threatened or that the security of Sri Lanka or any part of the territory thereof is threatened by war, or by external aggression, or by armed rebellion may be made before the actual breakdown of supplies and services, or the actual occurrence of war, or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof:

Provided that where such Proclamation is in operation only in any part of Sri Lanka, the power of the President to give directions under this Article, shall also extend to any Province other than the Province in which the Proclamation is in operation if, and in so far as it is expedient so to do for ensuring the maintenance of essential supplies and services or the security of Sri Lanka.

(2) A Proclamation under the Public Security Ordinance or the law for the time being relating to public security, shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation, the grounds for the making thereof, or the existence of those grounds or any direction given under this Article.

Failure to comply with directions.

154K. Where the Governor or any Provincial Council has failed to comply with, or give effect to, any directions given to such Governor or such Council under this Chapter of the Constitution, it shall be lawful for the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution.

Failure of administrative machinery.

154L. (1) If the President, on receipt of a report from the Governor of the Province or otherwise, is satisfied that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation -

(a)

assume to himself all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor or any body or authority in the Province other than the Provincial Council;

(b)

declare that the powers of the Provincial Council shall be exercisable by, or under the authority of Parliament;

(c)

make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation:

Provided that nothing in this paragraph shall authorize the President to assume to himself any of the powers vested in, or exercisable, by any Court.

(2)

Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3)

Every Proclamation under this Article shall be laid before Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of fourteen days unless before the expiration of that period it has been approved by a resolution of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when Parliament is dissolved or the dissolution of Parliament takes place during the period of fourteen days referred to in this paragraph but no resolution with respect to such Proclamation has been passed by Parliament before the expiration of that period, the Proclamation shall cease to operate at the expiration of fourteen days from the date on which Parliament first sits after its reconstitution, unless before the expiration of the said period of fourteen days a resolution approving the Proclamation has been passed by Parliament.

(4)

A Proclamation so approved shall, unless earlier revoked, cease to operate on the expiration of a period of two months from the date of issue of the Proclamation:

Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by Parliament, the Proclamation shall, unless revoked, continue in force for a further period of two months from the date on which under this paragraph it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force more than one year:

Provided further that if the dissolution of Parliament takes place during any such period of two months but no resolution with respect to the continuance in force of such Proclamation has been passed by Parliament during the said period, the Proclamation shall cease to operate at the expiration of fourteen days from the date on which Parliament first sits after its reconstitution unless before the expiration of the said period of fourteen days a Proclamation approving the continuance in force of the Proclamation has been passed by Parliament.

(5)

Notwithstanding anything in this Article, the President may within fourteen days of his making a Proclamation under paragraph (1) and for the purpose of satisfying himself with regard

to any of the matters referred to in that paragraph, appoint a retired Judge of the Supreme Court to inquire into and report upon such matters within a period of sixty days. A Judge so appointed shall in relation to such inquiry have the powers of a Commissioner appointed under the Commission of Inquiry Act. Upon receipt of the report of such Judge, the President may revoke the Proclamation made under paragraph (1).

(6)

A Proclamation under this Article shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation or the grounds for making thereof.

Parliament to confer powers of Provincial Council to President.

154M. (1) where by a Proclamation issued under paragraph (1) of Article 154L, it has been declared that the powers of the Provincial Council shall be exercisable by, or under the authority, of Parliament, it shall be competent -

(a)

for Parliament to confer on the President the power of the Provincial Council to make statutes and to authorize the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred, on any other authority specified by him in that behalf;

(b)

for the President to authorize, when Parliament is not in session, expenditure from the Provincial Fund of the Province pending sanction of such expenditure by Parliament.

(2)

A statute made by Parliament or the President or other authority referred to in sub-paragraph

(a)

of paragraph (1), during the continuance in force of a Proclamation issued under paragraph

(1)

of Article 154L, shall continue in force until amended or repealed by the Provincial Council.

Financial instability.

154N. (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of Sri Lanka or of any part of the territory thereof is threatened, he may by Proclamation make a declaration to that effect.

(2)

A Proclamation issued under paragraph (1) -

(a)

may be revoked or varied by a subsequent Proclamation;

(b)

shall be laid before Parliament;

(c)

shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by a resolution of Parliament:

Provided that if any such Proclamation is issued at a time when Parliament has been dissolved or the dissolution of Parliament takes place during the period of two months referred to in subparagraph (c), but no resolution with respect to such Proclamation has been passed by Parliament before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament.

(3)

During the period any such Proclamation as is mentioned in paragraph (1) is in operation, the President may give directions to any Governor of a Province to observe such canons of financial propriety as may be specified in the directions, and to give such other directions as the President may deem necessary and adequate for the purpose.

(4)

Notwithstanding anything in the Constitution any such direction may include-

(a)

a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Province;

(b)

a provision requiring all statutes providing for payments into or out of, a Provincial Fund to be reserved for the consideration of the President after they are passed by the Provincial Council.

High Court.

154P. (1) There shall be a High Court for each Province with effect from the date on which this Chapter comes into force. Each such High Court shall be designated as the High Court of the relevant Province.

(2)

The Chief Justice shall nominate, from among Judges of the High Court of Sri Lanka, such number of Judges as may be necessary to each such High Court. Every such Judge shall be transferable by the Chief Justice.

(3)

Every such High Court shall-

(a)

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

(b)

notwithstanding anything in Article 138 and subject to any law, exercise, appellate and revisionary jurisdiction in respect of convictions, sentences and orders entered or imposed by Magistrates Courts and Primary Courts within the Province;

(c)

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

(4)

Every such High Court shall have jurisdiction to issue, according to law -

(a)

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

(b)

order in the nature of writs of certiorari, prohibition, procedendo, mandamus, and quo warranto against any person exercising, within the Province, any power under-

(i)

any law; or

(ii)

any statutes made by the Provincial Council established for that Province, in respect of any matter set out in the Provincial Council List.

(5)

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

(6)

Subject to the provisions of the Constitution and any law, any person aggrieved by a final order, judgment or sentence of any such Court, in the exercise of its jurisdiction under paragraphs (3)(b) or (3)(c) or (4), may appeal therefrom to the Court of Appeal in accordance with Article 138.

Functions, powers, election &c. of Provincial Councils.

154Q. Parliament shall by law provide for-

(a)

the election of members of Provincial Councils and the qualifications for membership of such Councils;

(b)

the procedure for transaction of business by every such Council;

(c)

the salaries and allowances of members of Provincial Councils; and

(d)

any other matter necessary for the purpose of giving effect to the principles of provisions of this Chapter, and for any matters connected with or incidental to, the provisions of this Chapter.

Finance Commission.

154R. (1) There shall be a Finance Commission consisting of -

(a)

the Governor of the Central Bank of Sri Lanka;

(b)

the Secretary to the Treasury; and

(c)

three other members to represent the three major communities each of whom shall be a person who has distinguished himself, or held high office, in the field of finance, law, administration, business or learning.

(2)

Every member of the Commission shall, unless he earlier dies, resigns or is removed from office, hold office for a period of three years.

(3)

The Government shall, on the recommendation of and in consultation with, the Commission, allocate from the Annual Budget, such funds as are adequate for the purpose of meeting the needs of the Provinces.

(4)

It shall be the duty of the Commission to make recommendations to the President as to -

(a)

the principles on which such funds are granted annually by the Government for the use of Provinces, should be apportioned between various Provinces; and,

(b)

any other matter referred to the Commission by the President relating to Provincial finance.

(5)

The Commission shall formulate such principles with the objective of achieving balanced regional development in the country, and shall accordingly take into account -

(a)

the population of each Province;

(b)

the per capita income of each Province;

(c)

the need progressively, to reduce social and economic disparities; and

(d)

the need, progressively, to reduce the difference between the per capita income of each Province and the highest per capita income among the Provinces.

(6)

The Commission shall determine its own procedure and shall have such powers in the performance of its duties as Parliament may, by law, confer on it.

(7)

The President shall cause every recommendation made by the Finance Commission under this Article to be laid before Parliament, and shall notify Parliament as to the action taken thereon.

(8)

No Court or Tribunal shall inquire into, or pronounce on, or in any manner entertain, determine or rule upon, any question relating to the adequacy of such funds, or any recommendation made, or principle formulated by, the Commission.

Special provision enabling Provincial Councils not to exercise powers under this Chapter.

154S. (1) A Provincial Council may, by resolution, decide not to exercise its powers under Article 154G with respect to any matter or part thereof set out in the Provincial Council List or the Concurrent List of the Ninth Schedule.

(2) Where a resolution has been passed by a Provincial Council under paragraph (i) and the terms of such resolution have been accepted by Parliament, by resolution, the powers of such Provincial Council under Article 154G shall be deemed not to extend to the matter specified in such resolution and Parliament may make law, with respect to that matter, applicable to the Province for which that Provincial Council is established, otherwise than in accordance with the provisions of Article 154G.

Transitional measures.

154T. The President may by order published in the Gazette, take such action, or give such directions, not inconsistent with the provisions of the Constitution, as appears to him to be necessary or expedient, for the purpose of giving effect to the provisions of this Chapter, or for the administrative changes necessary therefore, or for the purpose of removing any difficulties.

Chapter XVIII - Public Security

Public Security.

155. (1) The Public Security Ordinance as amended and in force immediately prior to the commencement of the Constitution shall be deemed to be a law enacted by Parliament.

(2)

The power to make emergency regulations under the Public Security Ordinance or the law for the time being in force relating to public security shall include the power to make regulations having the legal effect of over-riding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution.

(3)

The provisions of any law relating to public security, empowering the President to make emergency regulations which have the legal effect of over-riding, amending or suspending the operation of the provisions of any law, shall not come into operation, except upon the making of a Proclamation under such law, bringing such provisions into operation.

⁴⁷[(3a) Nothing in the preceding provisions of this Constitution shall be deemed to prohibit the making of emergency regulations, under the Public Security Ordinance or the law for the time being in force relating to public security, with respect to any matter set out in the Ninth Schedule or having the effect of overriding, amending or suspending the operation of a statute made by a Provincial Council.]

(4)

Upon the making of such a Proclamation, the occasion thereof shall, subject to the other provisions of this Article, be forthwith communicated to Parliament and, accordingly-

(i)

if such Proclamation is issued after the dissolution of Parliament such Proclamation shall operate as a summoning of Parliament to meet on the tenth day after such Proclamation, unless the Proclamation; appoints an earlier date for the meeting which shall not be less than three days from the date of the Proclamation and the Parliament so summoned shall be kept in session until the expiry, or revocation of such or any further Proclamation or until the conclusion of the General Election whichever event occurs earlier and shall thereupon stand dissolved;

(ii)

if Parliament is at the date of the making of such Proclamation, separated by any such adjournment or prorogation as will not expire within ten days, a Proclamation shall be issued for the meeting of Parliament within ten days.

(5)

Where the provisions of any law relating to public security have been brought into operation by the making of a Proclamation under such law, such Proclamation shall, subject to the succeeding provisions of this Article, be in operation for a period of one month from the date of the making thereof, but without prejudice to the earlier revocation of such Proclamation or to the making of a further Proclamation at or before the end of that period.

(6)

Where such provisions as are referred to in paragraph (3) of this Article, of any law relating to public security, have been brought into operation by the making of a Proclamation under such law, such Proclamation shall expire after a period of fourteen days from the date on which such

provisions shall have come into operation, unless such Proclamation is approved by a resolution of Parliament:

Provided that if -

(a)

Parliament stands dissolved at the date of the making of such Proclamation, or

(b)

Parliament is at such date separated by any such adjournment or prorogation as is referred to in paragraphs (4)(ii) of this Article; or

(c)

Parliament does not meet when summoned to meet as provided in paragraphs (4) (i) and (4)

(ii)

of this Article,

then such Proclamation shall expire at the end of ten days after the date on which Parliament shall next meet and sit, unless approved by a resolution at such meeting of Parliament.

(7)

Upon the revocation of a Proclamation referred to in paragraph (6) of this Article within a period of fourteen days from the date on which the provisions of any law relating to public security shall have come into operation or upon the expiry of such a Proclamation in accordance with the provisions of paragraph (6), no Proclamation made within thirty days next ensuring shall come into operation until the making thereof shall have been approved by a resolution of Parliament.

⁴⁸[* * * * * * ]

⁴⁹(8) If Parliament does not approve any Proclamation bringing such provisions as are referred to in paragraph (3) of this Article into operation, such Proclamation shall, immediately upon such disapproval, cease to be valid and of any force in law but without prejudice to anything lawfully done there under.

(9) If the making of a Proclamation cannot be communicated to and approved by Parliament by reason of the fact that parliament does not meet when summoned, nothing ⁵⁰[contained in paragraph (6) or (7) of this Article,] shall affect the validity or operation of such Proclamation:

Provided that in such event, Parliament shall again be summoned to meet as early as possible thereafter.

International Treaties and Agreements.

157. Where Parliament by resolution passed by not less than two-thirds of the whole number of Members of Parliament (including those not present) voting in its favour, approves as being essential for the development of the national economy, any Treaty or Agreement between the Government of Sri Lanka and the Government of any foreign State for the promotion and protection of the investments in Sri Lanka of such foreign State, its nationals, or of corporations, companies and other associations incorporated or constituted under its laws, such Treaty or Agreement shall have the force of law in Sri Lanka and otherwise than in the interests of national security no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the provisions of such Treaty or Agreement.

Prohibition against violation of territorial integrity of Sri Lanka.

⁵¹[157A. (1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.

(2)

No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.

(3)

Any person who acts in contravention of the provisions of paragraph (1) shall, on conviction by the Court of Appeal, after trial on indictment and according to such procedure as may be prescribed by law, -

(a)

be subject to civic disability for such period not exceeding seven years as may be determined by such Court ;

(b)

forfeit his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family ;

(c)

not be entitled to civic rights for such period not exceeding seven years as may be determined by such Court ; and

(d)

if he is a Member of Parliament or a person in such service or holding such office as is referred to in paragraph (1) of Article 165, cease to be such Member or to be in such service or to hold such office.

(4)

Where any political party or other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka, any person may make an application to the Supreme Court for a declaration that such political party or other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka. The Secretary or other officer of such political party or other officer of such political party or other association or organization shall be made a respondent to such

application.

(5)

Where the Supreme Court makes a declaration under paragraph (4) in relation to any political party or other association or organization, in pursuance of an application made to it under that paragraph -

(a)

that political party or other association or Organisation shall be deemed, for all purposes to be proscribed and any member of such political party or other association or organization, who is a Member of Parliament shall be deemed to have vacated his seat in Parliament with effect from the date of such declaration, and any nomination paper submitted by such political party or other association or organization shall be deemed for all purposes to be invalid ;

(b)

any person who holds office or is a member of that political party or other association or organization, shall be guilty of an offence and shall, on conviction, by the Court of Appeal after trial on indictment and according to such procedure as may be prescribed by law –

(i)

be subject to civic disability for such period not exceeding seven years as may be determined by such Court ;

(ii)

forfeit his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family ;

(iii) not be entitled to civic rights for such period not exceeding seven years as may be determined by such Court ;

(iv)

if he is a Member of Parliament or a person in such service or holds such office as is referred to in paragraph (1) of Article 165, cease to be such Member or to be in such service or hold such office.

(6)

The execution of any punishment imposed under paragraph (3) or sub-paragraph (b) of paragraph (5) shall not be stayed or suspended pending the determination of any appeal against such punishment or the conviction in consequence of which such punishment was imposed.

(7)

Every officer or person who was or is required by, Article 32 or Article 53, Article 61 or Article 107 or Article 165 or Article 169 (12), to take and subscribe or to make and subscribe an oath or affirmation, every member of, or person in the service, of a local authority, Development Council Pradeshiya Mandalaya, Gramodaya Mandalaya or public corporation and every attorney-at-law shall –

(a)

if such officer or person is holding office on the date of coming into force of this Article, make and, subscribe, or take and subscribe, an oath or affirmation in the form set out in the Seventh Schedule, before such person or body if any, as is referred to in that Article, within one month of the date on which this Article comes into force ;

(b)

if such person or officer is appointed to such office after the coming into force of this Article, make and subscribe or take and subscribe an oath or affirmation, in the form set out in the

Seventh Schedule, before such person or body, if any, as is referred to in that Article, within one month of his appointment to such office.

The provisions of Article 165 and Article 169 (12) shall mutatis mutandis, apply to, and in relation to, any person or officer who fails to take and subscribe, or make and subscribe an oath or affirmation as required by this paragraph.

(8)

(a) Every person who is a Member of Parliament on the coming into force of this Article shall not be entitled to sit and vote in Parliament unless he takes and subscribes or makes and subscribes an oath or affirmation in the form set out in the Seventh Schedule.

(b)

Every person who is elected or nominated as a Member of Parliament on or after the coming into force of this Article shall not be entitled to sit and vote in Parliament unless he takes and subscribes or makes and subscribes an oath or affirmation in the form set out in the Seventh Schedule.

(9)

No person who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the Seventh Schedule shall, notwithstanding any provision to the contrary in the Constitution, be required to take and subscribe or make and subscribe any other oath or affirmation required to be taken and subscribed or made and subscribed under the Constitution.

(10)

Parliament may, by resolution, determine such other categories of persons or officers to whom the provisions of paragraph (7) shall apply and thereupon, the provisions of such paragraph shall, mutatis mutandis, apply to, and in relation to, officers or persons of that category.

(11)

The jurisdiction of the Court of Appeal in respect of its powers under this Article shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of Article 146 –

(12)

In this Article, "civic rights" means –

(a)

the right to obtain a passport ;

(b)

the right to sit for any public examination ;

(c)

the right to own any immovable property ;

(d)

the right to engage in any trade or profession which requires a licence, registration or other authorization, by or under any written law.]

Delegation.

158. Where any person is empowered under the provisions of the Constitution to delegate any power, duty or function to any other person, such person delegating such power, duty or function may, notwithstanding such delegation, exercise, perform or discharge such power, duty or function and may at any time revoke such delegation.

In this Article, "person" includes any body of persons or any authority.

Deputy Speaker to act for Speaker.

159. Where the Speaker is unable to discharge the functions of his office, the powers, duties and functions conferred or imposed on, or assigned to, the Speaker by any provision of the Constitution, other than by Articles 31 (4), 37, 38 (2) (b), 39 (2) and 40, may be exercised, performed or discharged by the Deputy Speaker.

Chapter XI - The Legislature

Procedure and Powers

70. (1) The President may, from time to time, by Proclamation summon, prorogue and dissolve Parliament

Provided that -

(a)

subject to the provisions of subparagraph (d), when a General Election has been held consequent upon a dissolution of Parliament by the President, the President shall not thereafter dissolve Parliament until the expiration of a period of one year from the date of such General Election, 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 subparagraph (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 subparagraph (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.

1. Parliament may adjourn from time to time as it may determine by resolution or Standing Order, until it is prorogued or dissolved.
2. (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.

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

(i)

the election and retirement 0f the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, and

(ii)

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

(2)

Until Parliament otherwise provides by law or by resolution, the Standing Orders of the 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 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-paragraph (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. (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 circumstances and in the manner prescribed by the Standing Orders.

(~) 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 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 requires 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 ore 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 ²¹[duly approved by the People at a Referendum.”

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. 7 of 1978, and consisting of a member or members 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 passed 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 ore 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.

Chapter XXI - Transitional Provisions

First President.

160. Notwithstanding anything to the contrary in any other provision of the Constitution, the person holding the office of President immediately before the commencement of the Constitution shall be the first President under the Constitution and shall be deemed for all purposes to have been elected as the President of the Republic, and ⁵²[shall, subject, to the provisions of Article 31, hold office] for a period of six years from February 4, 1978.

The President shall, notwithstanding the provisions of Article 32, be deemed to have assumed office immediately upon the commencement of the Constitution and shall be entitled thereupon to exercise, perform and discharge all the powers, duties and functions conferred or imposed on, or assigned to, the President by the Constitution or otherwise. The President shall, as soon as possible thereafter at a sitting of Parliament, take and subscribe the oath or make and subscribe the affirmation set out in the Fourth Schedule.

First Parliament

161. Notwithstanding anything to the contrary in any other provision of the Constitution -

(a)

the first Parliament shall consist of one hundred and sixty-eight members, and subject to the succeeding provisions of this Article, all persons who immediately before the commencement of the Constitution were members of the National State Assembly shall be deemed to have been elected as Members of Parliament;

(b)

(i) if the election, as a Member of the National State Assembly, of a person deemed to have been elected to the first Parliament is declared void under the law for the time being in force and no other person is determined to have been duly returned or elected, the seat of such Member shall be vacant, and an election to the electoral district as existing immediately prior to the commencement of the Constitution, shall be held in accordance with the law relating to elections to the National State Assembly in force immediately before the commencement of the Constitution and on the basis of the register of electors applicable to such electoral district which was operative on the day immediately preceding the commencement of the Constitution;

(ii)

the law applicable to election petitions in relation to an election held as provided in subparagraph (i) shall be the law in force upon the commencement of the Constitution and in the event of such an election being declared void the provisions of sub-paragraph (i) shall, mutatis mutandis, apply;

(c)

if the election as a Member of the National State Assembly of a person who is deemed to have been elected to the first Parliament is declared void or undue and any other person is determined to have been duly returned or elected such other person shall be deemed to have been duly elected as a Member of the first Parliament;

(d)

(i) where immediately before the commencement of the Constitution there was a vacancy in the membership of the National State Assembly or where a vacancy in the membership of the first Parliament occurs otherwise than under the provisions of paragraph (b) of this Article, such vacancy shall be filled in the manner provided in sub-paragraph (iii) hereof;

⁵³[(ii) Where during the duration of the first Parliament, a Member ceases, by resignation, expulsion or otherwise, to be a member of the recognized political party to which he belonged upon or after the commencement of the Constitution, the Secretary of such party shall, within two weeks of the date on which such Member so ceased to be a member of such party, communicate, in writing to the Secretary-General of Parliament, the fact and date thereof. The Secretary-General shall, upon receipt of such communication, submit it to the Speaker.

Where a Member ceases to be a member of the recognized political party to which he belonged by reason of being expelled from such party, he shall be entitled to apply, within one month of the date of such expulsion by petition in writing, to the Supreme Court for a determination that such expulsion was invalid. In the event of any such application being made, the Registrar of the Supreme Court shall forthwith inform the Secretary-General of Parliament in writing, of such application. Every such application shall be heard and determined by not less than three Judges of the Supreme Court who shall, within two months of the making of such application, determine whether such expulsion was valid or not.

The Speaker shall, on receiving in the aforesaid manner, a communication alleging that a Member has ceased to be a member of the recognized political party to which such Member belonged, appoint a Select Committee consisting of not less than five Members of Parliament (one of whom shall be nominated as Chairman thereof) to inquire into, and report to Parliament on, the circumstances in which such Member is alleged to have resigned from, or to have been expelled from, or to have otherwise ceased to be a member of, such party, and the reasons therefor :

Provided, however, that where such communication alleges that a Member has ceased to be a member of the recognized political party to which he belonged by reason of his being expelled there from, no Select Committee shall be appointed as aforesaid until after the expiration of a period of' one month from the date of such alleged expulsion, and in any case where such Member has applied to the Supreme Court for a determination that such expulsion was invalid, unless and until the Supreme Court has determined that such expulsion was valid.

The provisions of the Parliament (Powers and Privileges) Act shall, mutatis mutandis, apply in relation to proceedings before, and to the privileges, Immunities and powers of, a Select Committee appointed as aforesaid, and every such Select Committee shall be deemed, for the purposes of that Act, to be duly authorized by an order of Parliament to send for persons, papers and words.

After consideration of the report made by a Select Committee appointed as aforesaid, Parliament may, by resolution passed by not less than eighty-five members voting in its favour, resolve that the Member to whom such report relates, shall cease to be a Member of Parliament. The Speaker shall endorse on every resolution so passed, a certificate in the following form :- "This resolution has been passed by the majority required by Article 161 (d) (ii) of the Constitution".

The seat of such Member shall, with effect from the date of such certificate, become vacant.

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, pronounce upon or in any manner call in question, the validity of the resolution on which such certificate is endorsed on any ground whatsoever.]

(iii) where a vacancy as is referred to in sub- paragraph (i) or (ii) has occurred, the Secretary-General of Parliament shall forthwith inform the Commissioner of Elections of such vacancy. The Commissioner of Elections shall thereupon require the Secretary of the political party to which such Member belonged to nominate a member of such party ⁵⁴[to fill such vacancy. A nomination made by the Secretary of such political party under this sub-paragraph shall be accompanied by an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy. Upon the receipt of such nomination, accompanied by such oath or affirmation the Commissioner] shall declare such person to be the Member for the electoral district in respect of which the vacancy occurred :

⁵⁵[Provided that where the Secretary of such political party fails to nominate a member of such political party to fill such vacancy under the preceding provisions of this sub-paragraph ⁵⁶[within thirty days of his being required to do so and in the aforesaid manner or where the Secretary of a political party had been required, before the coming into force of this proviso, to nominate a member of such political party to fill any such vacancy under such provisions and such Secretary fails, within thirty days of the coming into force of this proviso, to nominate a member of such political party to fill such ⁵⁷[vacancy, or where such political party is deemed to be proscribed under Article 157 (a), then, the Commissioner of Election shall forthwith so inform the President, who shall, within thirty days of the receipt by him of such information, by Notice published in the Gazette order the Commissioner of Elections] to hold an election for the electoral district in respect of which such vacancy has occurred. The Commissioner of Elections shall thereupon hold an election, in accordance with Part I and Parts IV to VI (both inclusive) of the Ceylon (Parliamentary Elections) Order in Council, 1946, for such electoral district as existed immediately preceding the Constitution and on the basis of such part of the register, prepared under the Registration of Electors Act, No. 44 of 1980, and in operation, as corresponds to such electoral district. The aforesaid parts of the Ceylon (Parliamentary Elections) Order in Council, 1946, shall, for the purposes of such election and notwithstanding the repeal of such Order in Council, be deemed to be in force and shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, apply to such election.

The law applicable to election petitions in relation to such electoral district shall be the aforesaid parts of such Order in Council as applied aforesaid and in the event of such election being declared void and no other person is determined to have been duly returned or elected, the election to fill such vacancy shall be held in accordance with the provisions of this proviso.]

⁵⁸[(iv) Where a Member nominated or elected to fill any such vacancy as is referred to in subparagraph (i) or sub-paragraph (ii), being a Member who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the Seventh Schedule, directly or indirectly, in or outside Sri Lanka, supports, espouses, promotes, finances, encourage or advocates the establishment of a separate State within the territory of Sri Lanka, any person may make an application to the Court of Appeal for a declaration that such member has directly or indirectly, in or outside Sri Lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate State within the territory of Sri Lanka.

If the Court of Appeal makes, on such application, a declaration that such Member has directly or indirectly, in or outside Sri Lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate State within the territory of Sri Lanka, the seat of such Member shall be deemed to be vacant with effect from the date of such declaration and such Member shall be disqualified from sitting and voting in Parliament and from being elected or nominated to Parliament for a period of seven years from the date of such declaration. The vacancy occurring in the membership of Parliament by reason of such declaration shall be filled in the manner provided in paragraph (iii).

The jurisdiction of the Court of Appeal' in respect of its powers under this sub-paragraph shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of Article

146.

⁵⁹[(e) unless sooner dissolved, the First Parliament shall continue until August 4, 1989 and no longer, and shall thereupon stand dissolved, and the provisions of Article 70 (5) (b) shall, mutatis mutandis, apply.]

Application of certain provisions.

162. (1) The provisions of Article 98, other than paragraphs (8) and (9) thereof, and Article 99 shall not come into operation until the General Election held upon the dissolution of the first Parliament.

(2) If at the time of such dissolution the notification of electoral districts has not been proclaimed as required by Article 97, the electoral districts for the first General Election to be held upon the dissolution of the first Parliament, and the number of Members which each such district shall be entitled to return by virtue of the provisions of paragraph (4) of Article 96, shall be as set out in the Sixth Schedule and accordingly, registers of electors shall be prepared and certified for each such electoral district, and unless Parliament otherwise provides, such registers shall be prepared on the basis of the register of electors in force immediately before the commencement of the Constitution.

Judges of Supreme Court and High Court to cease to hold office.

163. All Judges of the Supreme Court and the High Courts established by the Administration of Justice Law, No. 44 of 1973, holding office on the day immediately before the commencement of the Constitution shall, on the commencement of the Constitution, cease to hold office.

Continuation in office of Judges, public officers and others.

164. Subject to the provisions of Article 163 every person who immediately before the commencement of the Constitution -

(a)

held office in any court or tribunal deemed, by virtue of the provisions of paragraph (2) of Article 105, to be a court or tribunal created and established by Parliament,

(b)

was in the service of the Republic, any local authority or any public corporation,

(c)

held office in any local authority or public corporation, or

(d)

held any appointment under any existing written law,

shall continue in such service or hold such office or appointment under the same terms and conditions.

Oath or affirmation to be taken or made by public officers and others.

165. (1) Every public officer, judicial officer and every other person as is required by the Constitution to take an oath or make an affirmation on entering upon the duties of his office, every holder of an office required under the existing law to take an official oath and every person in the service of every local authority and of every public corporation shall take and subscribe the oath or make and subscribe the affirmation set out in the Fourth Schedule. Any such public officer, judicial officer, person or holder of an office failing to take and subscribe such oath or make and subscribe such affirmation after the commencement of the Constitution on or before such date as may be prescribed by the Prime Minister by Order published in the Gazette shall cease to be in service or hold office.

(2)

The Minister in charge of the subject of Public Administration may, in his sole discretion, permit any public officer, judicial officer, person or holder of an office referred to in paragraph

(1)

of this Article, to take the oath or make the affirmation referred to in that paragraph after the prescribed date if he is satisfied that the failure to take the oath or make the affirmation within the time prescribed was occasioned by illness or some other unavoidable cause. On his taking such oath or making such affirmation, he shall continue in service or hold office as if he had taken such oath or made such affirmation within the time prescribed under paragraph (1) of this Article.

(3)

The President may by Proclamation-

(a)

exclude the application of the provisions of paragraph (1) of this Article to any category of public officers,

(b)

prescribe the persons or categories of persons who may administer such oath or affirmation in addition to the persons who are empowered under the existing law to administer oaths or affirmations.

Powers, privileges, immunities and rights of the Republic.

166. Unless Parliament otherwise provides, the Republic of Sri Lanka shall continue to possess and exercise all powers, privileges, immunities and rights whatsoever possessed, exercised or exercisable immediately prior to the commencement of the Constitution.

Rights, duties and obligations of the Republic.

167. All rights and all duties or obligations, however arising, of the Government of Sri Lanka and subsisting immediately prior to the commencement of the Constitution shall be rights, duties and obligations of the Government of the Republic of Sri Lanka under the Constitution.

Past operation of laws, previous acts, offences, and pending actions, &c.

168. (1) Unless Parliament otherwise provides, all laws, written laws and unwritten laws, in force immediately before the commencement of the Constitution, shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, continue in force.

(2)

Save as otherwise provided in the Constitution, existing laws, written laws and unwritten laws are not and shall not in any manner be deemed to be provisions of the Constitution.

(3)

Wherever the Constitution provides that any law, written law or unwritten law or any provision of the Constitution shall continue in force until or unless Parliament otherwise provides, any law enacted by Parliament so providing may be passed by a majority of the Members present and voting.

(4)

Whenever the Constitution provides that any provision of any existing written law shall continue in force until or unless Parliament otherwise provides and the existing written law referred to consists of subordinate legislation, the provision that such existing written law shall continue in force until or unless Parliament otherwise provides shall not in any manner be deemed to derogate from the power of the person or body on whom the power to make and when made, to amend, vary, rescind or revoke such subordinate legislation is conferred, to exercise the power so conferred until or unless Parliament otherwise provides.

(5)

Unless the Constitution otherwise provides, the past operation of any law in force prior to the commencement of the Constitution or anything duly done or suffered or any offence committed or any right, liberty, obligation or penalty acquired or incurred under any law in force prior to the

commencement of the Constitution shall not in any manner be affected or be deemed to be affected by the Constitution coming into force.

(6)

All actions, prosecutions, proceedings, matters or things, including proceedings of Commissions appointed or established by or under any existing written law, pending or uncompleted on the commencement of the Constitution shall, subject to the provisions of the Constitution and, mutatis mutandis, be deemed to continue and may be carried on and completed after the commencement of the Constitution.

Provisions relating to judiciary.

169. Unless Parliament otherwise provides –

(1)

any provisions of the Administration of Justice Law, No. 44 of 1973, which are inconsistent with the provisions of the Constitution, shall, to the extent of such inconsistency, be deemed to be repealed ;

(2)

the Supreme Court established by the Administration of Justice Law, No. 44 of 1973, shall, on the commencement of the Constitution, cease to exist, and accordingly the provisions of that Law relating to the establishment of the said Supreme Court, shall be deemed to have been repealed. Unless otherwise provided in the Constitution, every reference in any existing written law to the Supreme Court shall be deemed to be a reference to the Court of Appeal;

(3)

all appellate proceedings including proceedings by way of revision, case stated and restitution in integrum pending in the Supreme Court established under the Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution, shall stand removed to the Court of Appeal and the Court of Appeal shall have jurisdiction to take cognizance of and to hear and determine the same ; and the judgments and orders of the Supreme Court aforesaid delivered or made before the commencement of the Constitution in appellate proceedings shall have the same force and effect as if they had been delivered or made by the Court of Appeal ;

(4)

all original proceedings by way of applications for the issue of high prerogative Writs and applications for any other relief pending in the Supreme Court as well as all applications for injunctions pending in the High Court established under the Administration of Justice Law, No. 44 of 1973, on the date immediately preceding the commencement of the Constitution shall stand removed to the Court of Appeal and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the Supreme Court established under the Administration of Justice Law, No. 44 of 1973, delivered or made before the commencement of the Constitution in original proceedings shall have the same force and effect as if they had been delivered or made by the Court of Appeal:

Provided that any proceedings in relation to any alleged breach of privileges of Parliament pending in the Supreme Court shall stand removed to the Supreme Court created and established by the Constitution ;

(5)

no appeal shall lie from any judgment, order or decree of the Supreme Court established under the Administration of Justice Law, No, 44 of 1973, to the Supreme Court created and established under the Constitution but such judgment, order or decree, as the case may be, shall be final as between the parties to the action, application or other proceeding in which such judgment, order or decree was made:

Provided that it shall be competent for the Court of Appeal and all officers of such Court to take all such steps as may be necessary, including the entering of decrees if not already entered and taxation and recovery of costs so as to ensure that such judgments, orders and decrees are completely and effectively complied with, as if they had been delivered or made by the Court of Appeal created and established by the Constitution ;

(6)

the several High Courts established under Chapter I of the Administration of Justice Law, No. 44 of 1973, shall be deemed for all purposes to constitute a single court created and established by Parliament called the High Court of the Republic of Sri Lanka having jurisdiction throughout the Republic of Sri Lanka to be exercised in the several Zones in accordance with the law for the time being in force. Accordingly, subject to the provisions of the Constitution, and of any existing written law, all provisions relating to High Courts contained in such Law shall, mutatis mutandis, apply to the High Court of the Republic of Sri Lanka ;

(7)

all criminal and admiralty cases, proceedings or matters, other than applications for injunctions, pending in the High Courts established under the Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution shall stand removed to the said High Court of the Republic of Sri Lanka and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid High Courts delivered or made before the commencement of the Constitution shall have the same force and effect as if they had been delivered or made by the High Court of the Republic of Sri Lanka ;

(8)

the President of the Court of Appeal shall from time to time as he may deem expedient nominate the Judges of the High Court of the Republic of Sri Lanka to exercise the jurisdiction of the High Court in such zones as he may determine and the Provisions of Chapter II of the Administration of Justice Law, No. 44 of 1973, shall, mutatis mutandis, apply to the hearing and disposal of all proceedings pending in or hereafter instituted in the High Court ;

(9)

all indictments filed hereafter in the High Court of the Republic of Sri Lanka shall be in the name of the Republic of Sri Lanka and shall be signed by the Attorney-General or any person authorized under section 189 of the Administration of Justice Law, No. 44 of 1973 ;

(10)

all election petition proceedings relating to the election of any person to the membership of the National State Assembly pending in the High Courts established under the Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution shall stand removed to the Court of Appeal and the Court of Appeal shall have the same jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the Supreme Court established by the Administration of Justice Law, No. 44 of 1973, and of the High Courts aforesaid delivered or made before the commencement of the

Constitution in such election petition proceedings shall have the same force and effect as if they had been delivered or made by the Supreme Court and the Court of Appeal established by the Constitution, as the case may be. The President of the Court of Appeal is hereby vested with the power to nominate a Judge of the Court of Appeal to hear and determine any election petition in respect of which the Court of Appeal is vested with jurisdiction by the Constitution ;

(11)

all attorneys-at-law admitted and enrolled or deemed to have been admitted and enrolled as attorneys-at-law under the provisions of the Administration of Justice Law, No. 44 of 1973, shall subject to the provisions of the Constitution be deemed to have been admitted and enrolled as attorneys-at-law of the Supreme Court created and established by the Constitution ;

(12)

after the date fixed by the Minister in charge of the subject of Justice, by Order published in the Gazette, no attorney-at-law shall be entitled to represent any party to a proceeding or be given the right of audience in any court, tribunal or other institution until or unless he has taken and subscribed the oath or made and subscribed the affirmation set out in the Fourth Schedule before a Judge of the Supreme Court, Court of Appeal, High Court or any other judicial officer as defined in Article 114 ; and it shall be the duty of any such Judge or judicial officer, as the case may be, to forward such oath or affirmation so taken and subscribed or made and subscribed to the Registrar of the Supreme Court who shall cause the same to be entered in the rolls of such Court. Such entry shall be the only proof that such attorney-at-law has taken and subscribed or made and subscribed such oath or affirmation ;

(13)

the provisions of the Administration of Justice Law, No. 44 of 1973, relating to the Attorney-General, the legal profession, State Attorneys and State Counsel, shall be deemed for all purposes to be in operation, and every reference to the Supreme Court in sections 33 to 36 of the Administration of Justice Law, No. 44 of 1973, and in the rules and regulations relating thereto shall be deemed to be a reference to the Supreme Court established by the Constitution ;

(14)

if any matter or question shall arise with regard to any procedure or practice to be followed in any court in consequence of the coming into operation of the Constitution, not provided for in the Constitution or any written law, the Chief Justice shall have the power to give such directions as he may consider necessary to prevent injustice or as the justice of the case may require and to ensure that the provisions of Chapters XV and XVI of the Constitution are given full and complete effect ;

(15)

(i) any reference in section 2 of the Special Presidential Commissions of Inquiry Law, No. 7 of 1978, to the Supreme Court shall be deemed to be a reference to the Supreme Court established by the Constitution ;

(ii)

where any person has been appointed as a member of a Special Presidential Commission of Inquiry established under the Special Presidential Commission of Inquiry Law, No. 7 of 1978, then, such person shall notwithstanding the provisions of the Constitution, continue to be such member and shall be deemed for the purposes of Article 81 (1) to be a Judge of a Court referred to therein unless he resigns, or refuses or becomes unable to act, or is discharged by the President from the performance of his duties as such member in accordance with the provisions of the Special Presidential Commissions of Inquiry Law, No. 7 of 1978 ;

(iii) any such member specified in the Warrant establishing such Special Presidential Commission of Inquiry as Chairman, shall, subject to the provisions of sub-paragraph (ii) of this paragraph, continue to be the Chairman of such Special Presidential Commission of Inquiry ;

(16)

(i) any breach the privileges of the National State Assembly functioning immediately prior to the commencement of the Constitution, shall be deemed to be a breach of the privileges of Parliament and accordingly, Parliament and the Supreme Court, shall have the Power to take cognizance of and punish any person for such breach of privileges of Parliament ;

(ii)

where prior to the commencement of the Constitution, any step required or authorized by the Parliament (Powers and Privileges) Act has been taken in respect of, or in relation to, any act or omission alleged to constitute such a breach of the privileges of Parliament as is referred to in sub-paragraph (i) of this paragraph, such step shall be deemed to have been validly taken and any further steps as are required or authorized under such Act, may be taken, in respect of or, in relation to, such alleged breach of the privileges of Parliament as if the act or omission alleged to constitute ; such breach of privileges of Parliament had been committed or had occurred after the commencement of the Constitution.

Provision relating to Queen’s Counsel and Senior Attorneys-at-Law.

⁶⁰[169A. (1) Every-

(a)

Queen's Counsel appointed prior to the coming into force of the Constitution ; and

(b)

Senior attorney-at-law appointed by the President after the coming into force of the Constitution,

shall, from the date on which this Article comes into force, be called and known also as President's Counsel and shall continue to enjoy all such privileges as were hitherto enjoyed by a Queen's Counsel.

(2)

Every rule made under Article 136 relating to the appointment of Senior attorneys-at-law shall, from the date on which this Article comes into force, be deemed to be rescinded.

(3)

Every reference in any written law to "Senior attorney- at-law" shall, from the date on which this Article comes into force, be deemed to include a reference to “President's Counsel."]

Chapter XXII - Interpretation

Interpretation.

170. In the Constitution—

“civic disability” shall have the same meaning as in the Special Presidential Commissions of Inquiry Law, No. 7 of 1978, as on the commencement of the Constitution;

“commencement of the Constitution” means the date appointed by the Proclamation made under Article 172;

“conclusion of the General Election” means the time at which Members of Parliament for all the electoral districts in respect of which a poll has been taken on the date or dates specified in the Proclamation made under Article 70 (5) have been declared elected by the respective returning officers, or when on the results declared more than half the total membership of Parliament consists of Members belonging to any single recognized political party or independent group, whichever event occurs earlier;

"existing law” and “existing written law” mean any law and written law, respectively, in force immediately before the commencement of the Constitution which under the Constitution continue in force;

“judicial officer", other than in Article 114, means any person who holds office as -

(a)

a Judge of the Supreme Court or a Judge of the Court of Appeal;

(b)

any Judge of the High Court or any Judge, presiding officer or member of any other Court of First Instance, tribunal or institution created and established for the administration of justice or for the adjudication of any labour or other dispute but does not include a person who performs arbitral functions or a public officer whose principal duty or duties is or are not the performance of functions of a judicial nature.

No court or tribunal or institution shall have jurisdiction to determine the question whether a person is a judicial officer within the meaning of the Constitution but such question shall be determined by the Judicial Service Commission whose decision thereon shall be final and conclusive.

No act of such person or proceeding held before such person, prior to such determination, shall be deemed to be invalid by reason of such determination;

“law” means any Act of Parliament, and any law enacted by any legislature at any time prior to the commencement of the Constitution and includes an Order in Council;

“local authority” means any Municipal Council, Urban Council, Town Council or Village Council and includes any Authority created and established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such Council;

“public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise;

“public officer” means a person who holds any paid office under the Republic other than a judicial officer but does not include—

(a)

the President;

(b)

the Speaker;

(c)

a Minister;

(d)

a member of the Judicial Service Commission;

(e)

a member of the Public Service Commission;

(f)

a Deputy Minister;

(g)

a Member of Parliament;

(h)

the Secretary-General of Parliament;

(i)

a member of the President’s staff;

(j)

a member of the staff of the Secretary-General of Parliament

"recognized political party” means unless Parliament otherwise provides, every political party which is treated as a recognized political party under the Ceylon (Parliamentary Elections) Order in Council, 1946;

“territorial waters" includes the territorial sea and the historic waters of Sri Lanka;

“written law” means any law and subordinate legislation ⁶¹[and includes statutes made by a Provincial Council, Orders,] Proclamations, Rules, By-laws and Regulations made or issued by any body or person having power or authority under any law to make or issue the same.

Chapter XXIII - Repeal

171. The Constitution adopted and enacted on the 22nd day of May, 1972, is hereby repealed.

Chapter XXIV - Promulgation of the Constitution

172. (1) The provisions of Chapter I to Chapter XXIII shall come into force on the day appointed by the President by Proclamation

(2) Parliament shall meet on the day so appointed and the President may, in such Proclamation, specify the time at which Parliament shall so meet.

De vo Vassatukãlena sassasampattihetu ca phito bhavatu Ioko ca rãjä bhavatu dhammiko

SIDDHIRASTU

First Schedule Article 5

Names of Administrative Districts Article 5 Names of Administrative Districts

1. Colombo
2. Gampaha
3. Kalutara
4. Kandy
5. Matale
6. Nuwara Eliya
7. Galle
8. Matara
9. Hambantota
10. Jaffna ⁶²[11. Kilinochchi]

1. Mannar
2. Vavuniya
3. Mullaitivu
4. Batticaloa
5. Ampara
6. Trincomalee
7. Kurunegala
8. Puttalam
9. Anuradhapura
10. Polonnaruwa
11. Badulla
12. Moneragala
13. Ratnapura
14. Kegalle

Second Schedule

Article 6

THE NATIONAL FLAG

Third Schedule

[Words and Music of the National Anthem and Instructions to play]

Sri Lanka Matha, apa Sri Lanka,
Namo Namo Namo Namo Matha.
Sundara siri barini,
Surndi athi Sobamana Lanka
Dhanya dhanaya neka mal pala thuru piri, jaya bhoomiya ramya.
Apa hata spa siri setha sadana, jee vanaye Matha!
Piliganu mana apa bhakti pooja,
Namo Namo Matha.
Apa Sri Lanka,
Namo Namo Namo Namo Matha,
apa Sri Lanka, Namo Namo Namo Namo Matha.
Obave apa vidya obamaya apa sathya obave apa shakti
apa hada thula bhakti oba apa aloke
apage anuprane oba apa jeevana ve
apa muktiya obave
Nava jeevana demine nithina apa
Pubudu karan matha
Gnana veerya vadavamina ragena yanu
mana jaya bhoomi kara
Eka mavekuge daru kala bavina
yamu yamu wee nopama
Prema vadamu sama bheda durara da Namo Namo Matha

Fourth Schedule

Articles 32, 53, 61, 107, 165

"I ........................ solemnly declare and affirm / swear - that I will faithfully perform the duties and discharge the functions of the office of ........................................ in accordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the law, and that I will be faithful to the Republic of Sri Lanka and that I will to the best of my ability uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka.”

Fifth Schedule

Article 114 (6)

Clerks
⁶³[Deputy Fiscals]
Interpreters
Stenographers
Typists
Binders

Sixth Schedule

Article 162 (2)

Colombo City and Dehiwela-Mount Lavinia (Municipal Limits) ..... 1 Member

Colombo District (excluding Colombo City and Dehiwela - Mount Lavinia) .... 2 Members

Kalutara District.. .. .. 2 Members

Kandy District.. .. .. 2 Members

Matale District .. .. .. 1 Member

Nuwara-Eliya District ......... 1 Member

Galle District .. .. .. 2 Members

Matara District .. .. .. 1 Member

Hambantota District .. .. .. 1 Member

Jaffna District .. .. ..1 Member

Mannar and Vavuniya Districts.. .. .. 3 Members

Batticaloa District .. .. 1 Member

Trincomalee District .. .. .. 1 Member

Ampara District .. ... 2 Members

Kurunegala District .. .. 3 Members

Puttalam District .. .. .. 1 Member

Anuradhapura District . .. .. 3 Members

Polonnaruwa District. .. .. 1 Member

Badulla District .. .. .. 3 Members

Moneragala District .. .. .. 1 Member

Kegalle District .. .. .. 2 Members Ratnapura District .. .. .. 2 Members

"District" means the Administrative District established under the Administrative Districts Act (Chapter 392) having the limits specified thereunder as on July 21, 1977.

⁶⁴Seventh Schedule

Articles 157A and Article 161(d)(iii)

"I ..................................................... do solemnly declare and affirm / swear that I will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka and that I will not, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.”

⁶⁵Eighth Schedule (Article 154A)

Provinces

Western North Western Uva Sabaragamuwa Central Eastern Southern North Central Northern.

⁶⁶ Ninth Schedule Article 154 A

LIST I

(Provincial Council List)

1. Police and Public order. - Public order and the exercise of police powers, to the extent set out in Appendix I, within the Province, but not including National Defence, National Security and the use of any armed forces or any other forces under the control of the Government of Sri Lanka in aid of the civil power, and not including the city of Colombo, Sri Jayewardenepura Kotte, and their environs the limits of which shall be specified by the President by Order published in the Gazette.
2. Planning - Implementation of provincial economic plans.
3. Education and Educational Services, - Education to the extent set out in Appendix III.
4. Local Government –

1. 4 : 1 Local authorities for the purpose of local government and village administration, such as Municipal Councils, Urban Councils and Pradeshiya Sabhas, except that, the constitution, form and structure of local authorities shall be determined by law ;
2. 4 : 2 Supervision of the administration of local authorities established by law, including the power of dissolution (subject to such quasi-judicial inquiries into the grounds for dissolution, and legal remedies in respect thereof, as may be provided by law, and subject to provisions relating to audit as may be provided by law) ;
3. 4 : 3 Local authorities will have the Powers vested in them under existing law. Municipal Councils and Urban Councils will have the powers vested in them under the Municipal Councils Ordinance and the Urban Councils Ordinance, Pradeshiya Sabha will have the powers vested in them under existing law. It will be open to a Provincial Council to confer additional powers on local authorities but not to take away their powers ;
4. 4 : 4 Gramodaya Mandalayas will have the powers vested in Gramodaya Mandalayas under existing law. It will be open to a Provincial Council to council to confer additional powers on Gramodaya Mandalayas.

5. Provincial Housing and Construction -

1. 5 : 1 Implementing, co-ordinating, supervising and monitoring provincial housing development programmes and projects (other than National Housing Development Authority projects) including aided self-help housing projects, housing loans and the provision of building materials ;
2. 5 : 2 The implementation of the Protection of Tenants Act and the Rent Act within a Province ;
3. 5 : 3 Construction activity in respect of subjects in this List.

6. Roads and bridges and ferries thereon within the Province, other than -

(a)

national highways ;

(b)

bridges and ferries on national highways.

7. Social Services and Rehabilitation –

1. 7 : 1 Probation and Child Care Services ;
2. 7 : 2 The Rehabilitation of destitute persons and families ;
3. 7 : 3 Rehabilitation and welfare of physically, mentally and socially handicapped persons ;
4. 7 : 4 Relief of the disabled and unemployable.

1. Regulation of road passenger carriage services and the carriage of goods by motor vehicles within the Province and the Provisions of inter-provincial road transport services.
2. Agriculture and Agrarian Services –

1. 9 : 1 Agriculture, including, agricultural extension, promotion and education for provincial purposes and agricultural services (other than in inter-provincial irrigation and land settlement schemes, State land and plantation agriculture) ;
2. 9 : 2 Rehabilitation and maintenance of minor irrigation works ;
3. 9 : 3 Agricultural research, save and except institutions designated as national agricultural research institutions.

1. Rural Development
2. Health –

1. 11 : 1 The establishment and maintenance of public hospitals, rural hospitals, maternity homes, dispensaries (other than teaching hospitals and hospitals established for special purposes) ;
2. 11 : 2 Public health services, health education, nutrition, family health, maternity and child care, food and food sanitation, environmental health ;
3. 11 : 3 Formulation and implementation of Health Development Plan and of the Annual Health Plan for the Province ;
4. 11 : 4 The provision of facilities for all institutions referred to in 1 above within the Province, excluding the procurement of drugs;
5. 11 : 5 Awarding of Scholarships for Post-Graduate Education within Sri Lanka to personnel attached to the Institutions specified in 1 above.

12. Indigenous Medicine - Ayurveda, Siddha and Unani-

1. 12 : 1 Establishment of Ayurvedic dispensaries and hospitals, grants to such dispensaries and hospitals ;
2. 12 : 2 Establishment and maintenance of herbaria.
3. 13 : 1 Resthouses maintained by local authorities ; and
4. 13 : 2 Circuit bungalows presently administered by Government departments whose functions are exclusively specified in this List.

1. Pawnbrokers - Pawnbrokers other than pawnbrokers business carried on by Banks.
2. Markets, fairs.
3. Food supply and distribution within the Province.
4. Co-operatives –

1. 17 : 1 Co-operative undertakings and the organization, registration, supervision and audit of cooperative societies within the province ;
2. 17 : 2 Co-operative development within the Province including co-operative education and propaganda ;
3. 17 : 3 Provincial Co-operative Employees Commission ;
4. 17 : 4 Matters connected with employment, promotion, retirement and other connected matters of employees of co-operative societies within the Province.

1. Land. - Land, that is to say, rights in or over land, land tenure transfer and alienation of land, land use, land settlement and land improvement, to the extent set out in Appendix II.
2. Irrigation - Planning, designing, implementation, supervision and maintenance of all irrigation works, other than irrigation schemes relating to rivers running through more than one Province or inter provincial irrigation and land development schemes.
3. Animal husbandry. - Preservation, protection and improvement of stock and prevention of animal diseases within the Province.
1. Subject to the formulation and implementation of National Policy in regard to development and planning, the power to promote, establish and engage in agricultural, industrial, commercial and trading enterprises and other income-generating projects, within the Province without prejudice to the power of the Government and public corporations to have such enterprises and projects.
2. (This would include the promotion of scientific and industrial research within the Province and the preparation, co-ordination and the implementation of industrial development plans for the Province).
4. Reformatories, Borstal institutions and other institutions of a like nature and persons detained therein, arrangements with other Provinces for the use of such institutions.
5. Possession, transport, purchase and sale of intoxicating liquors.
6. Burials and burial grounds, cremations and cremation grounds, other than those declared by or under law made by Parliament to be national memorial cemeteries.

1. 25 : 1 Libraries, Museums and other similar institutions controlled or financed by a Provincial Council;
2. 25 : 2 Ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.

1. The regulation of mines and mineral development, to the extent permitted by or under any law made by Parliament, within the Province.
2. Incorporation, regulation and judicial winding up of corporations with objects confined to the Province, excluding trading corporations, banking, insurance and financial corporations.
3. Regulation of unincorporated trading, literary, scientific, religious and other societies and associations.

1. 29 : 1 Theatres and dramatic performances, music, cinemas, entertainments and amusements, excluding the sanctioning of cinematograph films for exhibition and public performances.
2. 29 : 2 Encouragement and development of sports (other than national sports associations).

1. Betting and gambling, other than imposition of licence fees and taxes.
2. Provincial debt.
3. Offences against statutes with respect to any of the matters specified in this List.
4. Fees in respect of any of the matters in this List, excluding fees taken in any court.
5. Development, conservation and management of sites and facilities in the Province for the generation and promotion of electrical energy (other than hydro-electric power and power generated to feed the national grid).
6. The borrowing of money to the extent permitted by or under any law made by Parliament ;

1. 36 : 1 Turnover taxes on wholesale and retail sales within such limits and subject to such exemptions as may be prescribed by law made by Parliament ;
2. 36 : 2 Betting taxes, and taxes on prize competitions and lotteries, other than National Lotteries and lotteries organized by the Government of Sri Lanka ;
3. 36 : 3 Licence taxes, arrack, toddy rents, tapping licence fees, and liquor licence fees ;
4. 36 : 4 Motor vehicle licence fees within such limits and subject to such exemptions as may be prescribed by law made by Parliament ;
5. 36 : 5 Dealership licence taxes on drugs and other chemicals ;
6. 36 : 6 Stamp duties on transfer of properties, such as lands and motor cars ;
7. 36 : 7 Toll collections ;
8. 36 : 8 Fines imposed by courts ;
9. 36 : 9 Fees charged under the Medical Ordinance ;
10. 36 : 10 Fees charged under the Motor Traffic Act ;
11. 36 : 11 Departmental fees in respect of any of the matters specified in this List ;
12. 36 : 12 Fees under the Fauna and Flora Protection Ordinance ;
13. 36 : 13 Fees on lands alienated under the Land Development Ordinance and Crown Lands Ordinance ;
14. 36 : 14 Court fees, including stamp fees on documents produced in court ;
15. 36 : 15 Regulatory charges under the Weights and Measures Ordinance ;
16. 36 : 16 Land revenue, including the assessment and collection of revenue, and maintenance of land records for revenue purposes ;
17. 36 : 17 Taxes on lands and buildings including the property of the State to the extent permitted by law made by Parliament ;
18. 36 : 18 Taxes on mineral rights within such limits and subject to such exemptions as may be prescribed by law made by Parliament ;
19. 36 : 19 Licensing fees on the possession, transport, purchase and sale of intoxicating liquors ;
20. 36 : 20 Other taxation within the Province in order to raise revenue for provincial purposes to the extent permitted by or under any law made by Parliament.

37. Protection of environment within the Province to the extent permitted by or under any law made by Parliament.

APPENDIX I Law And Order

1. The subject devolved shall be described as follows : -

Public Order and the exercise of Police powers as set out in this Appendix within the Province, but not including-

(a)

national defence ;

(b)

national security ; and

(c)

the use of any armed forces or any other forces under the control of the Government of Sri Lanka in aid of the civil power.

2. The I.G.P. shall be the head of the Sri Lanka Police Force, The Sri Lanka Police Force shall be divided into -

(a)

the National Division (including Special Units) ; and

(b)

a Provincial Division for each Province.

2 : 1 The National Division shall consist of the I.G.P., D.I.GG, S.S.PP, A.S.PP and other ranks recruited at the national level.

2 : 2 A Provincial Division shall consist of the D.I.G., S.S.PP, S.PP and A.S.PP all seconded

from the National Division and Provincial Assistant Superintendents of Police, Chief Inspectors, Inspectors, Sub-Inspectors, Sergeants, and Constables recruited in the Province. Members of the Provincial Division shall be eligible for promotion to the National Division.

3. Recruitment to the National Division and promotions of Police Officers in the Provincial Divisions to the National Division shall be made by a National Police Commission composed of three members, namely

(a)

the I.G.P. ;

(b)

a person nominated by the Public Service Commission in consultation with the President ; and

(c)

a nominee of the Chief Justice.

3 : 1 The National Police Commission shall, before promoting any Police Officer serving in any Provincial Division to the National Division, call for a Confidential Report on such Officer from the relevant Provincial Police Commission and take the matters specified in such report into consideration in deciding whether to promote such Officer or not.

3 : 2 The Commission shall also be responsible for promotions, transfers and disciplinary control of members of the National Division other than the I.G.P. subject to paragraph 4 : 1 below.

3 : 3 It shall hear and determine appeals from officers seconded to Provincial Divisions against whom disciplinary action has been taken by Provincial Police Commissions.

3 : 4 It shall set standards for recruitment and promotion of Police Officers of all Divisions and such standards shall be uniform for all Provincial Divisions.

4. Recruitment to each Provincial Division shall be made by a Provincial Police Commission composed of three members, namely

(a)

the D.I.G. of the Province ;

(b)

a person nominated by the Public Service Commission in consultation with the President ; and

(c)

a nominee of the Chief Minister of the Province.

4 : 1 A Provincial Police Commission shall be responsible for transfers, promotions and disciplinary control over officers in the Provincial Division ; for promotion of Officers of the National Division seconded to the Provincial Division up to the rank of S.S.P. ; and for transfer and disciplinary control over officers seconded to the Provincial Division, except the D.I.G. :

Provided that any Officer of the National Division seconded to any Provincial Division against whom disciplinary action has been taken by a Provincial Police Commission, shall have the right to appeal to the National Police Commission, whose decision on such appeal shall be final.

1. The National Police Commission or a Provincial Police Commission shall be entitled to delegate such of its powers as may be prescribed to such other person or authority as may be prescribed.
2. The I.G.P. shall appoint a D.I.G. for each Province with the concurrence of the Chief Minister of the Province. However, where there is no agreement between the Inspector-General of Police and the Chief Minister, the matter will be referred to the President, who, after due consultations with the Chief Minister, shall make the appointment.
3. The cadres of Police Officers of all ranks of the National Division shall be fixed by the Government of Sri Lanka. The cadre of Officers and other ranks of each Provincial Division shall be fixed by the Provincial Administration with the approval of the President, having regard to-

(a)

the area of the Province ;

(b)

population of the Province ; and

(c)

such other criteria, as may be agreed to or prescribed.

These principles shall be uniformly applied to all Provincial Divisions.

7 : 1 The cadres of the Provincial Divisions shall be fixed on ascertained principles such as population, area, number of Police Stations involved and other relevant considerations. These principles shall be applied to all Provincial Divisions without distinction.

7 : 2 The salary scales and perquisites of office enjoyed by the various ranks in the National and Provincial Divisions shall be determined by the Government of Sri Lanka after consultation with the Chief Ministers of the Provinces. The salary scales and perquisites of office as enjoyed by members of the Provincial Divisions shall apply uniformly to all Provincial Divisions.

1. The nature, type and quantity of fire-arms and ammunition and other equipment for the National Division shall be determined by the National Police Commission. The nature, type and quantity of fire-arms and ammunition and other equipment for all Provincial Divisions shall be determined by the National Police Commission after consultation with the Provincial Police Commission and uniform standards and principles shall be applied for all Provincial Divisions.
2. Recruitment to the National Division shall be made at the ranks of P.C., S.I., and A.S.P. Recruitment to the Provincial Division shall be made at the ranks of P.C., S.I., and P.A.S. P. (rank referred to in paragraph 2 : 2 above).

1. 9 : 1 Recruitment to the National Division shall be made by the National Police Commission and recruitment to the Provincial Division shall be made by the Provincial Police Commission having regard to the standards of recruitment, and other criteria prescribed in this behalf:
2. Provided also that a recruit may, on appointment, set out his preferences as to the Division in which he wishes to serve and that he shall, if possible, be posted to the Division of his choice, with the consent of the Division concerned.
1. 9 : 2 The Government of Sri Lanka shall be responsible for the training of all recruits to and of members of all Divisions of the Sri Lanka Police Force.

The President may, where he considers it necessary, provide for alternative training for members of any Provincial Division.

10. Members of the National Division and the Provincial Divisions shall wear the same uniforms and insignia of rank, provided that uniforms of the members of each Division shall bear a distinctive shoulder flash, indicating the Division to which he belongs.

1. 10 : 1 There shall be one uniformed police force in each Province, comprising of the members of the Provincial Division and the officers seconded thereto. Members of the National Division shall ordinarily be in plain clothes provided that they may wear uniforms when performing any duties in respect of the maintenance or restoration of public order as set out in paragraph 12 : 2,
2. 12 : 3 and 12 : 4. Provided also that the I.G.P. and such other Officers as may be specified shall ordinarily be attired in uniforms.

11. All Police Officers serving in units of the National Division and Provincial Divisions in any Province shall function under the direction and control of the D.I.G. of such Province.

1. 11 : 1 The D.I.G. of the Province shall be responsible to and under the control of the Chief Minister thereof in respect of the maintenance of public order in the Province and the exercise of police powers in the Province as set out in this Schedule.
2. 11 : 2 The provisions of paragraph 11 : 1 above are subject to the qualifications that –
1. upon the declaration of an emergency in the Province, the President may assume such powers and responsibilities of the Chief Minister and the Provincial Administration in respect of public
2. order within the Province as he may, by regulation, provide ; and
1. where the President is of the opinion that the security of or public order in a Province is threatened by grave internal disturbance, he may, without the declaration of an emergency, but in consultation with the Chief Minister of such Province, and subject to the provisions of the Public Security Ordinance, by order, deploy in aid of the civil power, any unit of the National Division, in the Province for the purpose of restoring public order :
2. Provided that every such order shall cease to be in force, as soon as the President is satisfied that public order has been restored or on the expiry of thirty days from the date of the order, whichever is earlier.
1. 12 : 1 The Provincial Division shall be responsible for the preservation of public order within the Province and the prevention, detection and investigation of all offences (except the offences specified in the Schedule) and subject to the powers of the Attorney-General in terms of the Code of Criminal Procedure Act, the institution of prosecutions in the relevant Courts in respect of such offences.
2. The National Division of the Sri Lanka Police Force shall be responsible for the prevention, detection and investigation of all offences specified in the Schedule and subject to the powers of the Attorney-General in terms of the Code of Criminal Procedure Act, for the institution of prosecutions in the relevant Courts in respect of such offences.
3. 12 : 2 Where the Chief Minister seeks the assistance of the National Division to preserve public order within a Province, the I.G.P. shall deploy such personnel of the National Division as are necessary for the purpose, and place them under the control of the D.I.G. of the Province.
4. 12 : 3 Where a State of Emergency is declared in the Province, the I.G.P. may deploy such units of the National Division as he deems necessary in any Province for the restoration and maintenance of public order within such Province.
5. 12 : 4 Any offence which may ordinarily be investigated by a Provincial Division may be investigated by the C.I.D. or any other unit of the National Division –
6. where the Chief Minister requests, that such investigation be undertaken by the C.I.D. or any other unit of the National Division ; and
7. where the I.G.P. is of opinion that an investigation of such offence by the C.I.D. or any other unit of the National Division is necessary, in the public interest, and directs, after consultation with the Chief Minister, and the approval of the Attorney-General, that such offence be investigated by the C.I.D. or any other unit of the National Division.

1. The National Division shall perform all the functions vested in a Provincial Division, in any Province, for a period of one year or until a Provincial Division is established in such Province, whichever is earlier.
2. All gazetted officers of the National Division and Provincial Division shall be required to attain the prescribed standard in Sinhala and Tamil. All Officers of the rank of A.S.P. and above shall also be required to attain the prescribed standard of English.

Every recruit to the Sri Lanka Police Force shall have proficiency in his mother tongue. For the first promotion he shall acquire proficiency in a language other than his mother tongue. For the next promotion he shall acquire a knowledge of the third language. The three languages recognized for this purpose are Sinhala, Tamil and English.

SCHEDULE

List of Offences to be investigated by the National Police

1. Offences against the State.
2. Offences relating to the Navy, Army and Air Force.
3. Offences relating to the Elections.
4. Offences relating to Coins, Currency and Government Stamps.
5. Any Offence committed against the President.
6. Any Offence committed against a Public Officer, a Judicial Officer, or the Speaker, or the Prime Minister or a Minister, or a Member of the Judicial Service Commission, or a Member of the Public Service Commission or a Deputy Minister or a Member of Parliament or the Secretary General of Parliament or a Member of the President's Staff or a Member of the Staff of the Secretary General of Parliament.
7. Any Offence relating to property belonging to the State or a State Corporation or Company or Establishment, the whole or part of the capital whereof has been provided by the State.
8. Any Offence prejudicial to National Security or the maintenance of Essential Services.
9. Any Offence under any law relating to any matter in the Reserve List other than such offences as the President may, by order published in the Gazette, exclude.
10. Any Offence in respect of which Courts in more than one Province have jurisdiction.
11. International Crimes.

APPENDIX II

Land and Land Settlement State land shall continue to vest in the Republic and may be disposed of in accordance with Article 33 (d) and written law governing this matter.

Subject as aforesaid, land shall be a Provincial Council Subject, subject to the following special provisions : -

1. State land -

1. 1 : 1 State Land required for the purposes of the Government in a Province, in respect of a reserved or concurrent subject may be utilised by the Government in, accordance with the laws governing the matter. The Government shall consult the relevant Provincial Council with regard to the utilisation of such land in respect of such subject.
2. 1 : 2 Government shall make available to every Provincial Council State land within the Province required by such Council for a Provincial Council subject. The Provincial Council shall administer, control and utilise such State land, in accordance with the laws and statutes governing the matter.
3. 1 : 3 Alienation or disposition of the State land within a Province to any citizen or to any Organisation shall be by the President, on the advice of the relevant Provincial Council, in accordance with the laws governing the matter.

2. Inter-Provincial Irrigation and Land Development Projects.

1. 2 : 1 Such projects would comprise irrigation and land development schemes-
2. within the Province initiated by the State and which utilize water from rivers flowing through more than one Province; a Provincial Council however, may also initiate irrigation and land development schemes within its Province utilizing water from such rivers ;
3. within the Province which utilize water through diversions from water systems from outside the Province ; and
4. all schemes where the command area falls within two or more Provinces such as the Mahaweli Development Project.
5. 2 : 2 These projects will be the responsibility of the Government of Sri Lanka.
6. 2 : 3 The principals and criteria regarding the size of holdings of agricultural and homestead lands arising out of these projects will be determined by the Government of Sri Lanka in consultation with the Provincial Councils.
7. 2 : 4 The selection of allotees for such lands will be determined by the Government of Sri Lanka having regard to settler selection criteria including degree of landlessness, income level, size of family and agricultural background of the applicants. The actual application of these principles, selection of allottees and other incidental matters connected thereto will be within the powers of the Provincial Councils.
8. 2 : 5 The distribution of all allotments of such land in such projects will be on the basis of national ethnic ratio. In the distribution of allotments according to such ratios, priority will be given to persons who are displaced by the project, landless of the District in which the project is situated and thereafter the landless of the Province.
9. 2 : 6 Where the members of any community do not, or are unable to take their entitlements of allotments from any such project, they would be entitled to receive an equivalent number of allotments in another Inter-Provincial Irrigation or Land Development Scheme. This unused quota should be utilized within a given time-frame.
10. 2 : 7 The distribution of allotments in such projects on the basis of the aforesaid principles would be done as far as possible so as not to disturb very significantly the demographic pattern of the Province and in accordance with the principle of ensuring community cohesiveness in human settlements.
11. 2 : 8 The administration and management of such projects will be done by the Government of Sri Lanka.

3. National Land Commission.

1. 3 : 1 The Government of Sri Lanka shall establish a National Land Commission which would be responsible for the formulation of national policy with regard to the use of State land. This Commission will include representatives of all Provincial Councils in the Island.
2. 3 : 2 The National Land Commission will have a Technical Secretariat representing all the relevant disciplines required to evaluate the physical as well as the socio-economic factors that are relevant to natural resources management.
3. 3 : 3 National policy on land use will be based on technical aspects (not on political or communal aspects), and the Commission will lay down general norms in regard to the use of land, having regard to soil, climate, rainfall, soil erosion, forest cover, environmental factors, economic viability, &c.
4. 3 : 4 In the exercise of the powers devolved on them, the powers shall be exercised by the Provincial Councils having due regard to the national policy formulated by the National Land Commission.

APPENDIX III

Education

1. Provision of facilities for all State Schools other than specified schools (Specified Schools will be National Schools, Special Schools for Service Personnel and schools for specified development schemes).
2. Supervision of the management of -

(a)

all pre-schools ; and

(b)

all State schools other than specified schools indicated above.

(in order to ensure standards the Ministry of Education will retain the right to inspect and supervise the management of schools).

1. The transfer and disciplinary control of all educational personnel, i.e. Teachers, Principals and Education Officers. Officers belonging to a National Service but serving the Provincial authority on secondment will have the right of appeal to the Public Service Commission. Officers belonging to the Provincial Public Service will have a right to appeal to the Public Service Commission against dismissal.
2. Recruitment into the Teaching Service of those with diplomas and degrees, from Colleges of Education and Universities, recognised as teaching qualifications.
3. Until adequate numbers of these categories are available recruitment into the Teaching Service will be on the results of recruitment examinations conducted by the Public Service Commission. On the results of these examinations interviews and selection will be conducted together with the Provincial Authorities.
4. Appointment of Principals of all schools other than those in 1A, B, C categories. (Criteria will be laid down by the Minister of Education).
5. Appointment of Principals of 1A, B, C schools will be by the Secretary to the Ministry of the Minister in charge of the subject of Education or the Public Service Commission.
6. Training of teachers and other educational personnel will come within the purview of the National Institute of Education. Provincial Authorities will indicate their needs to the National Institute of Education.
7. Appointment of Provincial Boards of Education which will have the advisory functions, will be the responsibility of the Minister of Education. However, this will be done with the concurrence of the Chief Minister of the Provincial Authority.
8. Provincial Authorities will establish School Boards conforming to the specifications laid down by the Ministry of Education.
9. Provincial Authorities will supervise the working of School Boards.
10. Preparation of plans (educational development plan and annual implementation plan) will be the responsibility of the Provincial Authority.
11. Implementation of the Annual Education Development Plan.
12. Appraisal of the performance of Principals, Teachers and Education Officers.
13. Conducting of in-service training programmes for which prior approval of the National Institute of Education has been obtained.
14. Conducting of local examinations approved by the Commissioner-General of Examinations.
15. Implementation of non-formal education programmes.
16. Registration and supervision of pre-schools.
17. Obtaining the approval of the National Institute of Education for local variations in the primary curriculum and selected subjects in the secondary curriculum.
18. Construction and maintenance of educational buildings, libraries and playgrounds.
19. Procuring and distribution of teaching aids, visual aids and audio visual materials, furniture and other equipment.
20. Procuring and distribution of science equipment other than certain specified items indicated by the Ministry.
21. Production and distribution of school textbooks after approval by the Ministry.
22. Organization and development of school libraries in accordance with guidelines given by the National Library Services Board.

(Above based on the recommendations of Committee I of the Political Parties Conference)

LIST II
(Reserved List)
National Policy on all Subjects and Functions.

Defence and National Security : Internal Security Law and order and prevention and detection of crime except to the extent specified in item 1 of List I.

This would include -

(a)

Defence of Sri Lanka and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination, to effective demobilisation ;

(b)

Naval, military and air forces; any other armed forces of the Government of Sri Lanka;

(c)

Deployment of any armed force of the Government of Sri Lanka or any other force subject to the control of the Government of Sri Lanka or any contingent or unit thereof in any Province in aid of the civil power ; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment ;

(d)

Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas ;

(e)

Naval, military and air force works ;

(f)

Arms, firearms, ammunition and explosives ;

(g)

Atomic energy and mineral resources necessary for its production ;

(h)

Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war ;

(i)

Criminal Investigation Department ;

(j)

Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of Sri Lanka, persons subjected to such detention ; and

(k)

Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area outside that Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in any area outside that Province without the consent of the Provincial Council in which such area is situated ; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

Foreign Affairs

This would include -

(a)

Foreign Affairs ; all matters which bring the Government of Sri Lanka into relation with any foreign country ;

(b)

Diplomatic, consular and trade representation ;

(c)

United Nations Organization ;

(d)

Participation in international conferences, associations and other bodies and implementing of decisions made thereat ;

(e)

Entering into treaties and agreements with foreign countries and implementing treaties, agreements and conventions with foreign countries ;

(f)

War and peace ; and

(g)

Foreign jurisdiction.

Posts and Telecommunications ; Broadcasting ; Television

This would include -

(a)

Posts and telegraphs ; telephones ; wireless, broadcasting and other like forms of communications ; and

(b)

Sanctioning of cinematograph films for exhibition.

Justice in so far as it relates to the judiciary and the courts structure

This would include -

(a)

Constitution, organization, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court, Court of Appeal and other Courts ;

(b)

Constitution, Organisation, jurisdiction and powers of the Court of Appeal, and the fees taken therein ; and

(c)

Jurisdiction and powers of all courts, except the Supreme Court and the Court of Appeal.

Finance in relation to national revenue, monetary policy and external resources ; customs

This would include -

(a)

Public debt of the Government of Sri Lanka ;

(b)

Currency, coinage and legal tender ; foreign exchange ;

(c)

Foreign loans ;

(d)

Central Bank ;

(e)

National Savings Bank ;

(f)

Lotteries organised by the Government of Sri Lanka or a Provincial Council ;

(g)

Banking ;

(h)

Bills of exchange, cheques, promissory notes and other like instruments;

(i)

Insurance ;

(j)

Stock exchanges and futures markets ;

(k)

Audit of the accounts of the Government of Sri Lanka and of the Provinces ;

(n( �/span>

Taxes on income, capital and wealth of individuals, companies and corporations ;

(m)

Customs duties, including import and export duties, and excise duties;

(n)

Turnover taxes and stamp duties, except to the extent specified in List I ;

(o)

any other tax or fee not specified in List I.

Foreign Trade ; Inter-Province Trade and Commerce

This would include-

(a)

Trade and commerce with foreign countries ; import and export across customs frontiers ; definition of customs frontiers ; and

(b)

Inter-province trade and commerce.

Ports and Harbours

This would include -

(a)

Ports declared by or under law made by Parliament or existing law to be major ports including their delimitation, and the constitution and powers of port authorities therein ; and

(b)

Port quarantine, including hospitals connected therewith ; seamen's and marine hospitals.

Aviation and Airports

This would include-

Airways ; aircraft and air navigation ; provision of aerodromes ; regulation and Organisation of air traffic and of aerodromes ; provision for aeronautical education and training and regulation of such education and training provided by Provinces and other agencies.

National Transport

This would include-

(a)

Railways ;

(b)

Highways declared by or under law made by Parliament to be national highways; and

(c)

Carriage of passengers and goods by railway, land, sea or air, or by national waterways in mechanically propelled vessels.

Rivers and Waterways ; Shipping and Navigation ; Maritime zones including Historical Waters, Territorial Waters, Exclusive Economic zone and Continental Shelf and Internal Waters ; State Lands and Foreshore, Except to the Extent specified. in Item 18 of List I.

This would include –

(a)

Piracies and crimes committed on the high seas or in the air ; offences against the law of nations committed on land or the high seas or in the air ;

(b)

Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels ; the rule of the road on such waterways ;

(c)

Maritime shipping and navigation, including shipping and navigation on tidal waters ; provision of education and training for the mercantile marine and regulation of such education and training provided by Provinces and other agencies ;

(d)

Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft ;

(e)

Regulation and development of inter province rivers ; and river valleys to the extent to which such regulation and development under the control of the Government of Sri Lanka is declared by Parliament by law to be expedient in the public interest ;

(f)

Fishing and fisheries beyond territorial waters ; and

(g)

Property of the Government of Sri Lanka and the revenue there from, but as regards property situated in a province, subject to statutes made by the Province save in so far as Parliament by law otherwise provides.

Minerals and Mines

This would include-

(a)

Regulation and development of oilfields and mineral oil resources ; petroleum and petroleum products ; other liquids and substances declared by Parliament by law to be dangerously inflammable ; and

(b)

Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Government of Sri Lanka is declared by Parliament by law to be expedient in the public interest.

Immigration and Emigration and Citizenship

This would include-

(a)

Citizenship, naturalization and aliens ;

(b)

Extradition ; and

(c)

Admission into, and emigration and expulsion from, Sri Lanka passports and visas.

Elections Including Presidential, Parliamentary, Provincial Councils and Local Authorities

This would include-

Elections to Parliament, Provincial Councils, Local Authorities and to the Office of President ; the Department of Elections.

Census and Statistics

This would include-

(a)

Census ; and

(b)

Inquiries, surveys and statistics for the purposes of any of the matters in this List.

Professional Occupations and Training

This would include-

(a)

Institutions, such as Universities, declared by Parliament by law to be institutions of national importance ;

(b)

Institutions for scientific or technical education by the Government of Sri Lanka wholly or in part and declared by Parliament by law to be institutions of national importance ;

(c)

Provincial agencies and institutions for -

(i)

professional, vocational or technical training, including the training of police officers ; or

(ii)

the promotion of special studies or research; or

(iii) scientific or technical assistance in the investigation or detection of crime ; and

(d) Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.

National Archives ; Archaeological Activities and Sites and Antiquities declared by or under any law made by Parliament to be of National Importance

This would include-

Ancient and historical monuments and records, and archaeological sites and remains declared by
or under law made by Parliament to be of national importance.
All Subjects and Functions not Specified in List I or List III including –

(a)

Pilgrimages to places outside Sri Lanka ;

(b)

Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies ;

(c)

Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one province, but not including universities ;

(d)

Patents, inventions and designs ; copyright, trade marks and merchandise marks ;

(e)

Establishment of standards of weight and measure ;

(f)

Establishment of standards of quality for goods to be exported out of Sri Lanka or transported

from one province to another ;

(g)

Industries, the control of which by the Government of Sri Lanka is declared by Parliament by law to be expedient in the public interest;

(h)

Regulation of labour and safety in mines ;

(i)

Manufacture, supply and distribution of salt by agencies of the Government of Sri Lanka ; regulation and control of manufacture, supply and distribution of salt by other agencies ;

(j)

Cultivation, manufacture, and sale for export, of opium ;

(k)

Industrial disputes concerning employees of the Government of Sri Lanka ;

(n( �/span>

Institutions such as Museums and War Memorials financed by the Government of Sri Lanka wholly or in part and declared by Parliament by law to be institutions of national importance ;

(m)

The Survey of Sri Lanka, the Geological, Botanical, Zoological and Anthropological Surveys of Sri Lanka ; Meteorological organizations ;

(n)

National Public Services ; National Public Service Commission ;

(o)

Pensions, that is to say, pensions payable by the Government of Sri Lanka or out of the Consolidated Fund ;

(p)

Salaries and allowances of Members of Parliament, and the Speaker and Deputy Speaker of Parliament ;

(q)

Powers, privileges and immunities of Parliament and of the members and the Committees of Parliament ; enforcement of attendance of persons for giving evidence or producing documents before Committees of Parliament or Commissions appointed by Parliament ;

(r)

Emoluments, allowances, privileges, and rights in respect of leave of absence, of the President and Governors ; salaries and allowances of the Ministers of the Government of Sri Lanka ; the salaries, allowances and rights in respect of leave of absence and other conditions of service of the Auditor-General ;

(s)

Inter-Province migration ; inter-province quarantine ;

(t)

Offences against laws with respect to any of the matters in this List; and

(u)

Fees in respect of any of the matters in this List, but not including fees taken in any Court.

LIST III (Concurrent List)

1. Planning -

1. 1 : 1 Formulation and appraisal of plan implementation strategies at the provincial level ;
2. 1 : 2 Progress control ;
3. 1 : 3 Monitoring progress of public and private sector investment programmes ;
4. 1 : 4 The evaluation of the performance of institutions and enterprises engaged in economic activities ;
5. 1 : 5 The presentation of relevant data in the achievement of plan targets ;
6. 1 : 6 The dissemination of information concerning achievement of plan targets ;
7. 1 : 7 Publicity of implementation programmes ;
8. 1 : 8 Manpower planning and employment Data Bank ;
9. 1 : 9 Nutritional planning and programmes.

2. and 3. Education and Educational Services. - Education, except to the extent specified in items 3 and 4 of List I.

4. Higher Education -

1. 4 : 1 The establishment and maintenance of new Universities.
2. 4 : 2 The establishment of degree awarding institutions under the Universities (Amendment) Act, No. 7 of 1985, and other institutions for tertiary, technical and post-school education and training.

1. National Housing and Construction. -The promotion of integrated planning and implementation of economic, social and physical development of urban development areas.
2. Acquisition and requisitioning of Property.
3. Social Services and Rehabilitation-

1. 7 : 1 Relief, rehabilitation and resettlement of displaced persons ;
2. 7 : 2 Relief of distress due to floods, droughts, epidemics or other exceptional causes and rehabilitation and resettlement of those affected;
3. 7 : 3 Restoration, reconstruction and rehabilitation of towns, villages, public institutions and properties, industries, business places, places of worship and other properties destroyed or

damaged, grant of compensation or relief to persons of institutions who have sustained loss or damage and the reorganization of civil life.

8. Agricultural and Agrarian Services –

1. 8 : 1 Establishment and promotion of agro-linked industries, the establishment and maintenance of farms and supervision of private nurseries ;
2. 8 : 2 Soil conservation ;
3. 8 : 3 Plant pests.

9. Health -

1. 9 : 1 Schools for training of Auxiliary Medical Personnel ;
2. 9 : 2 The supervision of private medical care, control of nursing homes and of diagnostic facilities within a Province ;
3. 9 : 3 Population control and family planning ;
4. 9 : 4 Constitution of Provincial Medical Boards.

1. Registration of births, marriages and deaths.
2. Renaming of Towns and Villages.
3. Private lotteries within the Province.
4. Festivals and Exhibitions.
5. Rationing of food and maintenance of food stocks.
6. Co-operatives, - Co-operative Banks.
7. Surveys - For the purpose of any of the matters enumerated in the Provincial or Concurrent List.
8. Irrigation -

1. 17 : 1 Water storage and management, drainage and embankments, flood protection, planning of water resources ;
2. 17 : 2 Services provided for inter-provincial land and irrigation schemes, such as those relating to rural development, health, education, vocational training, co-operatives and other facilities.

1. Social Forestry and protection of wild animals and birds.
2. Fisheries. - Other than fishing beyond territorial waters.
3. Animal Husbandry -

1. 20 : 1 Production, processing, distribution and sale of livestock and livestock products ;
2. 20 : 2 Veterinary training services and research, inclusive of the provision of science laboratories and science equipment ;
3. 20 : 3 Animal breeding, care and health,
4. 20 : 4 The establishment of pastures.

21. Employment -

1. 21 : 1 Employment planning at Provincial level ;
2. 21 : 2 Special Employment programmes relating to the Province ;
3. 21 : 3 Promotion of youth employment activities relating to the Province ;
4. 21 : 4 Technical Manpower Development Programmes in relation to the Province.

1. Tourism. - Development and control of the Tourist Industry in the Province.
2. Trade and commerce in, and the production, supply and distribution of –

(a)

the products of any industry where the control of such industry by the Government is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products ; and

(b)

foodstuffs and cattle fodder.

1. Newspapers, books and periodicals and printing presses.
2. Offences against statutes with respect to any matters specified in this List.
3. Fees in respect of any of the matters in this List, excluding fees taken in any Court.
4. Charities and charitable institutions, charitable and religious endowments and religious institutions.
5. Price control.
6. Inquiries and statistics for the purpose of any of the matters in this List or in the Provincial Council List.
7. Adulteration of foodstuffs and other goods.
8. Drugs and Poisons.
9. Extension of electrification within the Province and the promotion and regulation of the use of electricity within the Province.
10. Protection of the environment.
11. Archaeological sites and remains, other than those declared by or under any law made by Parliament to be of national importance.
12. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting human beings, animals or plants.
13. Pilgrimages.

Notes of Amendments

1. Substituted by Seventh Amendment to the Constitution Sec. 2 (a) and the first Schedule for "‘Twenty four”.
2. Substituted by Seventh Amendment to the Constitution Sec. 2 (b) for “territorial waters”.
3. Renumbered as para (1) of Article 18 by the Thirteenth Amendment to the Constitution Sec. 2

(a)

1. Added by the Thirteenth Amendment to the Constitution Sec. 2 (b)
2. Substituted by Sixteenth Amendment to the Constitution Sec. 2 (1) for “or a member of a local authority”.
3. Substituted by Sixteenth Amendment to the Constitution Sec. 2 (2) for “or in such local authority”.
4. Original Article 22 replaced by the Sixteenth Amendment to the Constitution Sec. 3.
5. Original Article 23 replaced by the Sixteenth Amendment to the Constitution Sec. 3.
6. Original para (1) repealed and substituted by the Sixteenth Amendment to the Constitution Sec. 4 (1).
7. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (2) for “in either of the National Language”.
8. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (3) (a) for “the appropriate National Language”.
9. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (3) (b) for “either of the National Languages”.
10. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (4) for “the use of a Language other than a National Language”.
11. Inserted by the Sixteenth Amendment Sec. 5.
12. Inserted by the Third Amendment to the Constitution Sec. 2 (1)
13. Original para (4) repealed and substituted by the Third Amendment to the Constitution Sec. 2

(2)

1. Inserted by the Eighth Amendment to the Constitution Sec. 2.
2. Substituted by the Fourteenth Amendment to the Constitution Sec. (2) for “relating to the election of the President”.
3. Substituted by the Third Amendment to the Constitution Sec. (3) for “One month”.
4. Original Article 62 (1) repealed and substituted by the Fourteenth Amendment to the Constitution Sec. 2.
5. Substituted by the Fourteenth Amendment to the Constitution Sec. (4) for “duly approved by the People at a Referendum”.
6. Substituted for (vii), (viii), (ix), (x) by the Ninth Amendment Sec. (2).
7. Substituted by the Seventh Amendment to the Constitution Sec. (3) for “Twenty-four”.
8. 96A Inserted by the Fourteenth Amendment to the Constitution, Sec 5, and repealed by the Fifteenth Amendment to the Constitution Sec. 2.
9. Amended by the Fourteenth Amendment to the Constitution, Sec (b), and by the Fifteenth Amendment to the Constitution Sec. (3).
10. Original Article 99 repealed and replaced by the Fourteenth Amendment to the Constitution, Sec (7).
11. Substituted by the Fifteenth Amendment to the Constitution Sec. 4 (1) for “less than one eighth of the total votes”.
12. (14) repealed by the Fifteenth Amendment to the Constitution Sec. 4 (2).
13. Inserted by the Fourteenth Amendment to the Constitution Sec. 8.
14. Inserted by the Fifteenth Amendment to the Constitution Sec. 5.
15. Substituted by the Sixth Amendment to the Constitution Sec. 3 for “by election or otherwise32. Original para (1) repealed and substituted by the Eleventh Amendment to the Constitution Sec. 2.

1. Inserted by the Seventh Amendment to the Constitution Sec. 4.
2. Substituted by the Eleventh Amendment to the Constitution Sec. 3, for “the appointment of judicial officers.”
3. Inserted by the Eleventh Amendment to the Constitution Sec. 4.
4. Substituted by the Eleventh Amendment to the Constitution Sec. 5 (1) for “the power to make all transfers.”
5. Substituted by the Eleventh Amendment to the Constitution Sec. 5 (2), for “the Registrar of the Court of Appeal, the Registrar of any Court of First Instance.”
6. Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (3), for “election petitions.”
7. Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (1), for “election of the President.”
8. Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (2), for “election of the President shall be.”
9. Words “and the appointment of senior attorneys-at-law.” Omitted by the Eighth Amendment to the Constitution Sec. 3.
10. Substituted by the Thirteenth Amendment to the Constitution Sec. 3 (a), for “committed by any Court of First Instance.”
11. Substituted by the Thirteenth Amendment to the Constitution Sec. 3 (b), for “of which such Court of First Instance.”
12. Inserted by the First Amendment to the Constitution Sec. 2 w.e.f. Sept. 7th 1978.
13. Original para (2) repealed and substituted by the Eleventh Amendment to the Constitution Sec. 6.
14. Chapter XVIIA Articles 154A to 154T inserted by the Thirteenth Amendment to the Constitution Sec. 4.
15. Inserted by the Thirteenth Amendment to the Constitution Sec. 5.
16. Paras (8) and (9) repealed by the Tenth Amendment to the Constitution Sec. 2 (1).
17. Paras (10) and (11) renumbered as (8) and (9) by the Tenth Amendment to the Constitution Sec. 2 (2).
18. Substituted by the Tenth Amendment to the Constitution Sec. 2 (3) for “contained in paragraph (6),(7), (8) of this Article.”
19. Inserted by the Sixth Amendment to the Constitution Sec. 3.
20. Substituted by the Third Amendment to the Constitution Sec. 4, for “shall hold office.”
21. Original para (ii) repealed and substituted by the Second Amendment to the Constitution Sec.

2.

1. Substituted by the Sixth Amendment to the Constitution Sec. 4 (1), for “to fill such vacancy. Upon receipt of such nomination, the Commissioner.”
2. Added by the Fifth Amendment to the Constitution Sec. 2 (d).
3. Substituted by the Sixth Amendment to the Constitution Sec. 4 (2)(a) for "within thirty days of his being required to do so."
4. Substituted by the Sixth Amendment to the Constitution Sec. 4 (2) (d), for “vacancy, then the Commissioner of Elections.”
5. Added by the Sixth Amendment to the Constitution sec. 4(3).
6. Original para (e) repealed and substituted by the Fourth Amendment to the Constitution Sec.

2.

1. Inserted by the Eighth Amendment to the Constitution Sec. 4.
2. Substituted by the Thirteenth Amendment to the Constitution Sec. 6, for “and includes orders.”
3. Inserted by the Seventh Amendment Sec. 5.
4. Substituted by the Eleventh Amendment to the Constitution Sec. 7 for “Fiscals .”
5. Substituted by the Sixth Amendment to the Constitution Sec. 5.
6. Added by the Thirteenth Amendment to the Constitution Sec. 7.
7. Added by the Thirteenth Amendment to the Constitution Sec. 7.