CONSTITUTION OF THE REPUBLIC [Cap. 1

CHAPTER 1

THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST

REPUBLIC OF SRI LANKA

SVASTI

The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and granted on the Thesixth day of the waxing moon in the month of Adhi Nikim in the year two thousand five Constitution, hundred and twenty-one of the Buddhist Era (being Thursday the twenty-first day of the 1stmonth of July in the year one thousand nine hundred and seventy-seven), entrusted to and Amendment,empowered their Representatives elected on that day to draft, adopt and operate a new 2ndRepublican Constitution in order to achieve the goals of a DEMOCRATIC SOCIALIST Amendment.REPUBLIC, and having solemnly resolved by the grant of such Mandate and the confidencereposed in their said Representatives who were elected by an overwhelming majority, toconstitute SRI LANKA into a DEMOCRATIC SOCIALIST REPUBLIC, whilst ratifyingthe immutable republican principles of REPRESENTATIVE DEMOCRACY, and assuringto all peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTSand the INDEPENDENCE OF THE JUDICIARY a the intangible heritage thatguarantees the dignity and well being of succeeding generations of the People of SRI LANKA.and of all the people of the World, who come to share with those generations the effort ofworking for the creation and preservation of a JUST AND FREE SOCIETY:

WE, THE FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OF SRILANKA, in pursuance of such Mandate, humbly acknowledging our obligations to our Peopleand gratefully remembering their heroic and unremitting struggle to regain and preserve theirrights and privileges so that the Dignity and Freedom of the Individual may be assured, Just,Social, Economic and Cultural Order attained, the Unity of the Country restored, and

Concord established with other Nations, do hereby adopt and enact

this

CONSTITUTION

as the

SUPREME LAW

of the

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

Cap.1] CONSTITUTION OF THE REPUBLIC

The State.

Unitary State.

Sovereignty ofthe People.

Exercise ofSovereignty.

[7th September. 1978.]

CHAPTER ITHE PEOPLE, THE STATE AND

SOVEREIGNTY

1. Sri Lanka (Ceylon) is a Free,Sovereign, Independent and DemocraticSocialist Republic and shall be known as theDemocratic Socialist Republic of Sri Lanka.

2. The Republic of Sri Lanka is aUnitary State.

3. In the Republ ic of Sri Lankasovereignty is in the People and is inalienable.Sovereignty includes the powers ofgovernment, fundamental rights and thefranchise.

4. The Sovereignty of the People shall beexercised and enjoyed in the followingmanner :-

(a) the legislative power of the Peopleshall be exercised by Parliament,consisting of elected representativesof the People and by the People at aReferendum;

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

(c) the judicial power of the People shallbe exercised by Parliament throughcourts, tribunals and institutionscreated and es tabl ished, orrecognized, by the Constitution, orcreated and established by law,except in regard to matters relatingto the privileges, immunities andpowers of Parliament and of its

Members wherein the judicialpower of the People may beexercised directly by Parliamentaccording to law;

(d) the fundamental rights which are bythe C o n s t i t u t i o n declared andrecognized shall be respected,

secured and advanced by all theorgans of government, and shall notbe abridged, restricted or denied,save in the manner and to the extenthereinafter provided; and

(e) the franchise shall be exercisable at theelection of the President of theRepublic and of the Members ofPar l iament , and at everyReferendum by every citizen whohas attained the age of eighteenyears, and who, being qualified to bean elector as hereinafter provided,has his name entered in the registerof electors.

5. The territory of the Republic of Sri Territory of theLanka shall consist of the twenty- four Republic.administrative districts, the names of whichare set out in the First Schedule, and itsterritorial waters.

6. The National Flag of the Republic of The NationalSri Lanka shall be the Lion Flag depicted in Flag.the Second Schedule.

7. The National Anthem of the Republic The Nationalof Sri Lanka shall be "Sri Lanka Matha ", Anthem.the words and music of which are set out inthe Third Schedule.

8. The National Day of the Republic of The NationalSri Lanka shall be the fourth day of Day.February.

CHAPTER IIBUDDHISM

9. The Republic of Sri Lanka shall give Buddhism.to Buddhism the foremost place andaccordingly it shall be the duty of the State toprotect and foster the Buddha Sasana, whileassuring to all religions the rights granted byArticles 10 and 14( l ) (e) .

CHAPTER IIIFUNDAMENTAL RIGHTS

10. Every person is entitled to freedom ofthought, conscience and religion, includingthe freedom to have or to adopt a religion orbelief of his choice.

Freedom ofthought,conscience andreligion.

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CONSTITUTION OF THE REPUBLIC [Cap.1

Freedom fromtorture.

Right toequality.

Freedom fromarbitraryarrest,detention andpunishment,and prohibitionof retroactivepenallegislation.

11. No person shall be subjected totorture or to cruel, inhuman or degradingtreatment or punishment.

12. (1) All persons are equal before thelaw and are entitled to the equal protectionof the law.

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

Provided that it shall be lawful to require aperson to acquire within a reasonable timesufficient knowledge of any language as aqualification for any employment or office inthe Public, Judicial or Local GovernmentService or in the service of any publiccorporation, where such knowledge isreasonably necessary for the discharge of theduties of such employment or office :

Provided further that it shall be lawful torequire a person to have a sufficientknowledge of any language as a qualificationfor any such employment or office where nofunction of that employment or office can bedischarged otherwise than with a knowledgeof that language.

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

(4) Nothing in this article shall preventspecial provision being made, by law,subordinate legislation or executive action,for the advancement of women, children ordisabled persons.

13. (1) No person shall be arrestedexcept according to procedure established bylaw. Any person arrested shall be informed ofthe reason for his arrest.

(2) Every person held in custody, detainedor otherwise deprived of personal liberty shallbe brought before the judge of the nearestcompetent court according to procedureestablished by law, and shall not be furtherheld in custody, detained or deprived of

personal liberty except upon and in terms ofthe order of such judge made in accordancewith procedure established by law.

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

(4) No person shall be punished withdeath or imprisonment except by order of acompetent court, made in accordance withprocedure established by law. The arrest,holding in custody, detention or otherdeprivation of personal liberty of a person,pending investigation or trial, shall notconstitute punishment.

(5) Every person shall be presumedinnocent until he is proved guilty :

Provided that the burden of provingparticular facts may, by law, be placed on anaccused person.

(6) No person shall be held guilty of anoffence on account of any act or omissionwhich did not, at the time of such act oromission, constitute such an offence, and nopenalty shall be imposed for any offence moresevere than the penalty in force at the timesuch offence was committed.

Nothing in this article shall prejudice thetrial and punishment of any person for anyact or omission which, at the time when it wascommitted, was criminal according to thegeneral principles of law recognized by thecommunity of nations.

It shall not be a contravention of thisArticle to require the imposition of aminimum penalty for an offence providedthat such penalty does not exceed themaximum penalty prescribed for such offenceat the time such offence was committed.

(7) The arrest, holding in custody,detention or other deprivation of personalliberty of a person, by reason of a removalorder or a deportation order made under theprovisions of the Immigrants and EmigrantsAct or the Indo-Ceylon Agreement(Implementation) Act, or such other law asmay be enacted in substitution therefor, shallnot be a contravention of this Article.

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Freedom ofspeech,assembly,association,occupation,movement, &c.

Restrictions onfundamentalrights.

14. (1) Every citizen is entitled to-(a) the freedom of speech and expression

including.'publication;

(b) the freedom of peaceful assembly;

(c) the freedom of association;

(d) the freedom to form and join a tradeunion;

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

(f) the freedom by himself or inassociation with others to enjoyand promote his own culture andto use his own language;

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

(h) the freedom of movement -and ofchoosing his residence within SriLanka; and

(i) the freedom to return to Sri Lanka.

(2) A person who, not being a citizen ofany other country, has been permanently andlegally resident in Sri Lanka immediatelyprior to the commencement of theConstitution and continues to be so residentshall be entitled, for a period of ten yearsfrom the commencement of the Constitution,to the rights declared and recognized byparagraph (1) of this Article.

15. (1) The exercise and operation of thefundamental rights declared and recognizedby Articles 13 (5) and 13 (6) shall be subjectonly to such restrictions as may be prescribedby law in the in teres ts of na t iona lsecurity. For the purposes of this paragraph" law " includes regulations made under thelaw for the time being relating to publicsecurity.

(2) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (a) shall be subject to suchrestrictions as may be prescribed by law inthe interests of racial and religious harmony

or in relation to parliamentary privilege,contempt of court, defamation or incitementto an offence.

(3) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (6) shall be subject to suchrestrictions as may be prescribed by law inthe interests of racial and religious harmony.

(4) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (c) shall be subject to suchrestrictions as may be prescribed by law inthe interests of racial and religious harmony

or national economy.

(5) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (g) shall be subject to suchrestrictions as may be prescribed by law inthe interests of national economy or inrelation to-

(a) the professional, technical, academic,financial and other qualificationsnecessary for practising anyprofession or carrying on anyoccupation, trade, business orenterprise, and the licensing anddisciplinary control of the personentitled to such fundamentalright, and

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

(6) The exercise and operation of thefundamental right declared and recognizedby Article 14 (1) (h) shall be subject to suchrestrictions as may be prescribed by law inthe interests of national economy.

(7) The exercise and operation of all thefundamental rights declared and recognizedby Articles 12, 13 (1), 13 (2) and 14 shall besubject to such restrictions as may beprescribed by law in the interests of nationalsecurity, public order and the protection ofpublic health or morality, or for the purposeof securing due recognition and respect forthe rights and freedoms of others, or ofmeeting the just requirements of the general

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CONSTITUTION OF THE REPUBLIC [Cap. 1

Existingwritten law andunwritten lawto continue inforce.

Remedy for theinfringement offundamentalrights byexecutiveaction.

welfare of a democratic society. For thepurposes of this paragraph " law " includesregulations made under the law for the timebeing relating to public security.

(8) The exercise and operation of thefundamental rights declared and recognizedby Articles 12 (1), 13 and 14 shall, in theirapplication to the members of the ArmedForces, Police Force and other Forcescharged with the maintenance of publicorder, be subject to such restrictions as maybe prescribed by law in the interests of theproper discharge of their duties and themaintenance of discipline among them.

16. (1) All existing written law andunwritten law shall be valid and operativenotwithstanding any inconsistency with thepreceding provisions of this Chapter.

(2) The subjection of any person on theorder of a competent court to any form ofpunishment recognized by any existingwritten law shall not be a contravention of theprovisions of this Chapter.

17. Every person shall be entitled toapply to the Supreme Court, as provided byArticle 126, in respect of the infringement orimminent infringement, by executive oradministrative action, of a fundamental rightto which such person is entitled under theprovisions of this Chapter.

21. (1) A person shall be entitled to be Medium of instruction.

educated through the medium of either of theNational Languages:

Provided that the provisions of thisparagraph shall not apply to an institution ofhigher education where the medium ofinstruction is a language other than aNational Language.

(2) Where one National Language is amedium of instruction for or in any course,department or faculty of any Universitydirectly or indirectly financed by the State,the other National Language shall also bemade a medium of instruction for or in suchcourse, department or faculty for studentswho prior to their admission to suchUniversity, were educated through themedium of such other National Language :

Provided that compliance with thepreceding provisions of this paragraph shallnot be obligatory if such other NationalLanguage is the medium of instruction for orin any like course, department or facultyeither at any other campus or branch of suchUniversity or of any other like University.

(3) In this Article "University" includesany institution of higher education.

22. (1) The Official Language shall be Language ofthe language of administration throughout administration.Sri Lanka:

OfficialLanguage.

NationalLanguages.

Use ofNationalLanguages inParliament andlocalauthorities.

CHAPTER IV

LANGUAGE

18. The Official Language of Sri Lankashall be Sinhala.

19. The National Languages of Sri Lankashall be Sinhala and Tamil,

20. A Member of Parl iament or amember of a local authority shall be entitledto perform his duties and discharge hisfunctions in Parliament or in such localauthor i ty in either of the Nat ionalLanguages.

Provided that the Tamil Language shallalso be used as the language ofadministration for the maintenance of publicrecords and the transaction of all business bypublic institutions in the Northern andEastern Provinces.

(2) A person, other than an official actingin his official capacity, shall be entitled-

(a) to receive communications from, andto communicate and transactbusiness with, any official in hisofficial capacity, in either of theNational Languages ;

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CONSTITUTION OF THE REPUBLIC Cap.1

(b) if the law recognizes his right toinspect or to obtain copies of orextracts from any official register,record, pub l i ca t ion or otherdocument, to obtain a copy of, or anextract from such register, record,publication or other document, or atranslation thereof, as the case maybe, in either of the NationalLanguages: and

(c) where a document is executed by anyofficial for the purpose of beingissued to him, to obta in suchdocument or a translation thereof, ineither of the National Languages.

(3) A local authority in the Northern orEastern Province which conducts its businessin either of the National Languages shall beentitled to receive communications from, andto communicate and transact business with,any official in his official capacity, in suchNational Language.

(4) All Orders, Proclamations, rules,by-laws, regulations and notifications madeor issued under any wri t ten law, theGazette, and all o...ier official documentsincluding circulars and forms issued or usedby any public institution or local authority,shall be published in both Nat ionalLanguages.

(5) A person shall be entitled to beexamined through the medium of either ofthe National Languages at any examinationfor the admission of persons to the PublicService, Judicial Service, Local GovernmentService, a public corporation or statutoryinstitution, subject to the condition that hemay be required to acquire a sufficientknowledge of the Official Language within areasonable time after admission to any suchService, public corporation or statutoryinstitution where such knowledge isreasonably necessary for the discharge of hisduties:

Provided that a person may be required tohave a sufficient knowledge of theOfficial Language as a condition foradmission to any such Service, publiccorporation or statutory institution where nofunction of the office or employment forwhich he is recruited can be dischargedotherwise than with a sufficient knowledge ofthe Official Language.

(6) In this Article-"off ic ia l" means the President, any

Minister, Deputy Minister, or anyofficer of a public institution orlocal authority; and

" public institution " means a departmentor institution of the Government, apublic corporation or statutoryinstitution.

23. (1 ) All laws and subordinate Language oflegislation shall be enacted or made, and Legislation.published, in both National Languagestogether with a translation in the EnglishLanguage. In the event of any inconsistencybetween any two texts, the text in the OfficialLanguage shall prevail.

(2) All laws and subordinate legislation inforce immediately prior to thecommencement of the Constitution, shall bepublished in the Gazette in both NationalLanguages as expeditiously as possible.

(3) The law published in Sinhala underthe provisions of paragraph (2) of thisArticle, shall, as from the date of suchpublication, be deemed to be the law andsupersede the corresponding law in English.

24. (1) The Official Language shall be Language ofthe language of the courts throughout Sri the courts.Lanka and accordingly their records andproceedings shall be in the OfficialLanguage:

Provided that the language of the courtsexercising original jurisdiction in theNorthern and Eastern Provinces shall also beTamil and their records and proceedings shallbe in the Tamil Language. In the event of anappeal from any such court, records in bothNational Languages shall be prepared for theuse of the court hearing such appeal;

Provided further that-

(a) the Minister in charge of the subject 01Justice may, with the concurrence ofthe Cabinet of Ministers, direct thatthe record of any such court shallalso be maintained and proceedingsconducted in the OfficialLanguage; and

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CONSTITUTION OF THE REPUBLIC [Cap. 1

(b) the record of any particular proceedingin such court shall also bemaintained in the OfficialLanguage if so required by thejudge of such court, or by any partyor applicant or any person legallyentitled to represent such party orapplicant in such proceeding, wheresuch judge, party, applicant orperson is not conversant with theTamil Language.

(2) Any party or applicant or any personlegally entitled to represent such party orapplicant may initiate proceedings, andsubmit to court pleadings and otherdocuments, and participate in the proceedingsin court, in either of the National Languages.

(3) Any judge, juror, party or applicant orany person legally entitled to represent suchparty or applicant, who is not conversant withthe language used in a court, shall be entitledto interpretation and to translation into theappropriate National Language, providedby the State, to enable him to understand andparticipate in the proceedings before suchcourt, and shall also be entitled to obtain ineither of the National Languages, any suchpart of the record or a translation thereof, asthe case may be, as he may be entitled toobtain according to law.

(4) The Minister in charge of the subjectof Justice may, with the concurrence of theCabinet of Ministers, issue directionspermitting the use of a language other than aNational Language in or in relation to therecords and proceedings in any court for allpurposes or for such purposes as may bespecified therein. Every judge shall be boundto implement such directions.

(5) In this Article-"court" means any court or tribunal

created and established for theadministration of justice includingthe adjudication and settlement ofindustrial and other disputes, or anyother t r ibuna l or i n s t i t u t ionexercising judicial or quasi-judicialfunctions or any t r i buna l orinstitution created and establishedfor the conciliation and settlementof disputes;

"judge" includes the President.Chairman, presiding officer andmember of any court; and

" record " includes pleadings, judgments,orders an other judicial andministerial acts.

25. The State shall provide adequate Provision forfacilities for the use of the languages provided adequatefor in this Chapter, facilitiesforuse

of languages providedfor in this Chapter.

CHAPTER V

CITIZENSHIP

26. (1) There shall be one status of Citizenship ofcitizenship known as " the status of a citizen Sri Lanka.of Sri Lanka ".

(2) A citizen of Sri Lanka shall for allpurposes be described only as a " citizen ofSri Lanka ", whether such person becameentitled to citizenship by descent or by virtueof registration in accordance with the lawrelating to citizenship.

(3) No distinction shall be drawn betweencitizens of Sri Lanka for any purpose byreference to the mode of acquisition of suchstatus, as to whether acquired by descent orby virtue of registration.

(4) No citizen of Sri Lanka shall bedeprived of his status of a citizen of SriLanka, except under and by virtue of theprovisions of sections 19, 20, 21 and 22 of theCitizenship Act:

Provided that the provisions of sections 23and 24 of that Act shall also be applicable toa person who became entitled to the status ofa citizen of Sri Lanka by v i r tue ofregistration under the provisions of sections11, 12 or 13 of that Act.

(5) Every person who immediately prior tothe commencement of the Constitution was acitizen of Sri Lanka, whether by descent orby virtue of registration in accordance withany law relating to citizenship, shall beentitled to the status and to the rights of acitizen of Sri Lanka as provided in thepreceding provisions of this Article.

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(6) The provisions of all existing writtenlaws relating to citizenship and all otherexisting written laws wherein reference ismade to citizenship shall be read subject tothe preceding provisions of this Article.

CHAPTER VI

DIRECTIVE PRINCIPLES OF STATEPOLICY AND FUNDAMENTAL DUTIES

Directive 27. (1) The Directive Principles of StatePrinciples of policy herein contained shall guideState Policy

Parliament, the President and the Cabinet ofMinisters in the enactment of laws and thegovernance of Sri Lanka for theestablishment of a just and free society.

(2) The State is pledged to establish in SriLanka a democratic socialist society, theobjectives of which include-

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

(b) the promotion of the welfare of thePeople by securing and protectingas effectively as it may, a socialorder in which just ice (social,economic and political) shall guideall the institutions of the nationallife;

(c) the realization by all citizens of anadequate s tandard of l iv ing forthemselves and their famil ies ,including adequate food, clothingand hous ing , the c o n t i n u o u simprovement of living conditionsand the full enjoyment of leisureand social and c u l t u r a lopportunities;

(d) the rapid development of the wholecountry by means of public andprivate economic activity and bylaws prescribing such planning andcontrols as may be expedient fordirecting and co-ordinating suchpublic and private economic activitytowards social objectives and thepublic weal;

(e) the equitable distribution among allcitizens of the material resources ofthe c o m m u n i t y and the socialproduct, so as best to subserve thecommon good ;

(f) the establishment of a just socialorder in which the means ofproduction, distribution andexchange are not concentrated andcentralised in the State, Stateagencies or in the hands of aprivileged few, but are dispersedamong, and owned by, all thePeople of Sri Lanka;

(g) raising the moral and culturals tandards of the People, andensuring the full development ofhuman personality; and

(h) the complete eradication of illiteracyand the assurance to all persons ofthe right to universal and equalaccess to education at all levels.

(3) The State shall safeguard theindependence, sovereignty, unity and theterritorial integrity of Sri Lanka.

(4) The State shall strengthen andbroaden the democratic structure ofgovernment and the democratic rights of thePeople by decentralising the administrationand by affording all possible opportunities tothe People to participate at every level innational life and in government.

(5) The State shall strengthen nationalunity by promoting co-operation and mutualconfidence among all sections of the People ofSri Lanka, including the racial, religious,linguistic and other groups, and shall takeeffective steps in the fields of teaching,education and information in order toeliminate discrimination and prejudice.

(6) The State shall ensure equality ofopportunity to citizens, so that no citizenshall suffer any disability on the ground ofrace, religion, language, caste, sex, politicalopinion or occupation.

( 7 ) The State shall eliminate economic andsocial privilege and dispari ty, and theexploitation of man by man or by the State.

(8) The State shal l ensure that theoperation of the economic system does notresult in the concentration of wealth and themeans of p r o d u c t i o n to the commondetriment.

(9) The State shall ensure social securityand welfare.

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CONSTITUTION OF THE REPUBLIC [Cap. 1

Fundamental

(10) The State shall assist thedevelopment of the cultures and thelanguages of the People.

(11) The State shall create the necessaryeconomic and social environment to enablepeople of all religious faiths to make a realityof their religious principles.

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

(13) The State shall promote with specialcare the interests of children and youth, so asto ensure their full development, physical,mental, moral, religious and social, and toprotect them from exploitation anddiscrimination.

(14) The State shall protect, preserve andimprove the environment for the benefit ofthe community.

(15) The State shall promote internationalpeace, security and co-operation, and theestablishment of a just and equitableinternational economic and social order, andshall endeavour to foster respect forinternational law and treaty obligations indealings among nations.

28. The exercise and enjoyment of rightsduties and freedoms is inseparable from the

performance of duties and obligations, andaccordingly it is the duty of every person inSri Lanka-

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

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

(c) to work conscientiously in his chosenoccupation;

( d ) to preserve and protect publicproperty, and to combat misuse andwaste of public property;

(e) to respect the rights and freedoms ofothers; and

(f) to protect nature and conserve itsriches.

Principles ofState Policyandfundamentalduties notjusticiable.

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

(2) The President of the Republic shall beelected by the People, and shall hold officefor a term of six years.

31 (1) Any citizen who is qualified to be The electionelected to the office of President may be and the term ofnominated as a candidate for such office- office ofPresident

29. The provisions of this Chapter do notconfer or impose legal rights or obligations,and are not enforceable in any court ortribunal. No question of inconsistency withsuch provisions shall be raised in any court ortribunal

CHAPTER VII

THE EXECUTIVE

THE PRESIDENT OF THE REPUBLIC

(a) by a recognized political party, or

(b) if he is or has been an elected memberof the legislature, by any otherpolitical party or by an electorwhose name has been entered in anyregister of electors.

(2) No person who has been twice electedto the office of President by the People shallbe qualified thereafter to be elected to suchoffice by the People.

(3) The poll for the election of thePresident shall be taken not less than onemonth and not more than two months beforethe expiration of the term of office of thePresident in office.

(4) The term of office of the Presidentshall commence on the fourth day ofFebruary next succeeding the date of hiselection:

Provided that the President in office,notwithstanding anything to the contrary inArticle 30, shall continue to exercise, performand discharge the powers, duties and

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Cap.l] CONSTITUTION OF THE REPUBLIC

Assumption ofoffice.

functions of the office of President until theassumption of office by the person declaredelected as President. If the office of Presidentbecomes vacant, by reason of the persondeclared elected as President failing toassume office, the President in office shallcontinue to exercise, perform and dischargethe powers, duties and functions of the officeof President, until the Prime Minister or ifthe office of Prime Minister be then vacant orif the Prime Minister be unable to act, theSpeaker commences to act in the office ofPresident in terms of Article 40.

(5) The election of the President shall beconducted by the Commissioner of Electionswho shall fix the date for the nomination ofcandidates for such election and the date onwhich the poll shall be taken,

(6) Parliament shall by law makeprovision for-

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

(b) the register of electors to be used atand the procedure for the election ofthe President;

(c) the creation of offences relating tosuch election and the punishmenttherefor;

(d) the grounds and manner of avoidingsuch election and of determiningany disputed election ; and

(e) all other matters necessary orincidental thereto.

32. (1) The person elected or succeedingto the office of President shall assume officeupon taking and subscribing the oath ormaking and subscribing the affirmation, setout in the Fourth Schedule, in Sri Lankabefore the Chief Justice or any other Judge ofthe Supreme Court.

(2) Upon such assumption of office thePresident shall cease to hold any other officecreated or recognized by the Constitution andif he is a Member of Parliament, shall vacatehis scat in Parliament. The President shallnot hold any other office or place of profitwhatsoever.

(3) The President shall, by virtue of hisoffice, have the right at any time to attend,address and send messages to Parliament. Inthe exercise of such right the President shallbe entitled to all the privileges, immunitiesand powers, other than the right to vote, of aMember of Parliament and shall not be liablefor any breach of the privileges ofParliament, or of its Members.

33. In addition to the powers and Powers andfunctions expressly conferred on or assigned functions of theto him by the Constitution or by any written President.law whether enacted before or after thecommencement of the Constitution, thePresident shall have the power-

(a) to make the Statement of GovernmentPolicy in Parliament at thecommencement of each session ofParliament;

(b) to preside at ceremonial sittings ofParliament;

(c) to receive and recognize, and toappoint and accredit. Ambassadors,High Commissioners, Pleni-potentiaries and otherdiplomatic agents;

(d) to keep the Public Seal of theRepublic, and to make and executeunder the Public Seal, the Acts ofAppointment of the Prime Ministerand other Ministers of the Cabinetof Ministers, the Chief Justice andother Judges of the Supreme Court,such grants and dispositions oflands and immovable propertyvested in the Republic as he is bylaw required or empowered to do,and to use the Public Seal forsealing all things whatsoever thatshall pass that Seal;

(e) to declare war and peace; and

(f) to do all such acts and things, not beinginconsistent with the provisions ofthe Constitution or written law, asby international law, custom orusage he is required or authorizedto do.

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CONSTITUTION OF THE REPUBLIC [Cap. 1

Grant of 34. (1) The President may in the case ofpardon any offender convicted of any offence in any

court within the Republic of Sri Lanka-

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

(b) grant any respite, either indefinite orfor such period as the Presidentmay think fit, of the execution ofany sentence passed on suchoffender;

(c) substitute a less severe form ofpunishment for any punishmentimposed on such offender; or

(d) remit the whole or any part of anypunishment imposed or of any-penalty or forfeiture otherwise dueto the Republic on account of suchoffence;

Provided that where any offender shallhave been condemned to suffer death by thesentence of any court, the President shallcause a report to be made to him by theJudge who tried the case and shall forwardsuch report to the Attorney-General withinstructions that after the Attorney-Generalhas advised thereon, the report shall be senttogether with the Attorney-General's adviceto the Minister in charge of the subject ofJustice, who shall forward the report with hisrecommendation to the President.

(2) The President may in the case of anyperson who is or has become subject to anydisqualification specified in paragraph (d),(e), (f), (g), or (h) of Article 89 orsub-paragraph ( g ) of paragraph (1) ofArticle 91-

(a) grant a pardon, either free or subjectto lawful conditions, or

(b) reduce the period of suchdisqualification.

(3) When any offence has been committedfor which the offender may be tried withinthe Republic of Sri Lanka, the President maygrant a pardon to any accomplice in suchoffence who shall give such information asshall lead to the conviction of the principaloffender or of any one of such principaloffenders, if more than one.

35. (1) While any person holds office as immunity ofPresident, no proceedings shall be instituted president fromor continued against him in any court or suittribunal in respect of anything done oromitted to be done by him either in hisofficial or private capacity.

(2) Where provision is made by lawlimiting the time within which proceedings ofany description may be brought against anyperson, the period of time during which suchperson holds the office of President shall notbe taken into account in calculating anyperiod of time prescribed by that law.

(3) The immuni ty conferred by theprovisions of paragraph (1) of this Articleshall not apply to any proceedings in anycourt in relation to the exercise of any powerpertaining to any subject or function assignedto the President or remaining in his chargeunder paragraph (2) of Article 44 or toproceedings in the Supreme Court underparagraph (2) of Article 129 or toproceedings in the Supreme Court underArticle 130 (a) relating to the election of thePresident:

Provided that any such proceedings inrelation to the exercise of any powerpertaining to any such subject or functionshall be insti tuted against theAttorney-General.

36. (1) Within one month of the Salary andcommencement of the Constitution, pension.Parliament shall by resolution determine thesalary, allowances and pension entitlement ofthe holders of the office of President. Suchpension shall be in addition to any otherpension to which such person is entitled byvirtue of any prior service.

(2) Upon the assumption of the office ofPresident the holder of such office shallbecome entitled to the- receipt of such salaryand allowances and thereafter, of suchpension as may be determined by Parliament.Any subsequent amendment, repeal orreplacement of this Article, and anysubsequent law or any provision thereofinconsistent with this Article shall not haveretrospective operation.

(3) The salary, allowances and pension ofthe President shall be charged on theConsolidated Fund.

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Cap.1] CONSTITUTION OF THE REPUBLIC

Exercise,performanceand dischargeof powers,duties andfunctions of thePresident bythe PrimeMinister.

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

37. (1) If the President is of the opinionthat by reason of illness, absence from SriLanka or any other cause he will be unable toexercise, perform and discharge the powers,duties and functions of his office, he mayappoint the Prime Minister to exercise,perform and discharge the powers, duties andfunctions of the office of President duringsuch period, and may also appoint one of theother Ministers of the Cabinet to act in theoffice of Prime Minister during such period :

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the President mayappoint the Speaker to exercise, perform anddischarge the powers, duties and functions ofthe office of President during such period.

(2) If the Chief Justice in consultationwith the Speaker is of the opinion that thePresident is temporarily unable to exercise,perform and discharge the powers, duties andfunctions of his office and is unable to makean appointment in terms of paragraph (1) ofthis Article, he shall communicate in writinghis opinion to the Speaker and thereupon thePrime Minister shall exercise, perform anddischarge the powers, duties and functions ofthe office of President during such period, andshall appoint one of the Ministers of theCabinet to act in the office of Prime Ministerduring such period, notwithstanding theabsence of such appointment as is providedfor in paragraph (1) of this Article:

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the Speaker shallexercise, perform and discharge the powers,duties and functions of the office of Presidentduring such period.

(3) The provisions of the Constitutionrelating to the President (other than theprovisions of paragraph (2) of Article 32)shall apply, in so far as they can be applied, tothe person so exercising, performing anddischarging the powers, duties and functionsof the office of President.

38. (1) The office of President shall Vacation ofoffice byPresident.

(4) In this Article and in Articles 38 (1)(b) and 40 (1), "the Speaker" includes.during any period when Parliament isdissolved, the person who held the office ofSpeaker immediately before the dissolutionof Parliament.

become vacant-(a) upon his death ;(b) if he resigns his office by a writing

under his hand addressed to theSpeaker;

(c) if he ceases to be a citizen of SriLanka:

(d) if the person elected as Presidentwilfully fails to assume office withinone month from the date ofcommencement of his term ofoffice;

(e) if he is removed from office asprovided in the next succeedingparagraph; or

(f) if the Supreme Court in the exercise ofits powers under Article 130 (a)determines that his election asPresident was void and does notdetermine that any other personwas duly elected as President.

(2) (a) Any Member of Parliament may,by a writing addressed to the Speaker, givenotice of a resolution alleging that thePresident is permanent ly incapable ofdischarging the functions of his office byreason of mental or physical infirmity or thatthe President has been guilty of-

(i) in ten t iona l violation of theConstitution,

(ii) treason,

(iii) bribery,

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

(v) any offence under any law, involvingmoral turpilude,

and setting out full particulars of theallegation or allegations made and seeking aninquiry and report thereon by the SupremeCourt.

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CONSTITUTION OF THE REPUBLIC [Cap. 1

(b) No notice of such resolution shall beentertained by the Speaker or placed on theOrder Paper of Parliament unless it complieswith the provisions of sub-paragraph (a)and-

(i) such notice of resolution is signed bynot less than two-thirds of the wholenumber of Members of Parliament,or

(ii) such notice of resolution is signed bynot less than one-half of the wholenumber of Members of Parliament,and the Speaker is satisfied thatsuch allegation or allegations meritinquiry and report by the SupremeCourt.

(c) Where such resolution is passed by notless than two-thirds of the whole number ofMembers (including those not present) votingin its favour, the allegation or allegationscontained in such resolution shall be referredby the Speaker to the Supreme Court forinquiry and report.

(d) The Supreme Court shall, after dueinquiry at which the President shall have theright to appear and to be heard, in person orby an attorney-at-law, make a report of itsdetermination to Parliament together withthe reasons therefor.

(e) Where the Supreme Court reports toParliament that in its opinion the President ispermanently incapable of discharging thefunctions of his office by reason of mental orphysical infirmity or that the President hasbeen guilty of any of the other allegationscontained in such resolution, as the case maybe, Parliament may by a resolution passed bynot less than two-thirds of the whole numberof Members (including those not present)voting in its favour remove the Presidentfrom office.

39. ( I ) Where the Supreme Court in theexercise of its jurisdiction under Article 130determines-

(a) that the election of the President wasvoid and does not determine thatany other person was duly elected,then, a poll for the election of thePresident shall be taken not laterthan three months from the date ofthe determination ; or

Determinationby the SupremeCourt that thePresident wasnot duly electedor the electionof the Presidentwas void.

(b) that any other person was duly electedas President, then, such otherperson shall assume the office ofPresident within one month of thedate of the determination.

For the purposes of Article 38(1) (d), thedate of commencement of the term of officeof the new President shall be the date of hiselection or the date of the determination, asthe case may be.

(2) Upon the Supreme Court making anysuch determination as is referred to inparagraph (1) of this Article, the person whowas exercising, performing and dischargingthe powers, duties and functions of the officeof President shall forthwith cease to exercise.perform and discharge such powers, dutiesand functions. During the period interveningbetween the date of such determination andthe assumption of office by the newPresident, the Prime Minister shall act in theoffice of President and shall appoint one ofthe other Ministers of the Cabinet to act inthe office of the Prime Minister :

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the Speaker shallact in the office of the President.

(3) For the purposes of Article 30 (2) andnotwithstanding the provisions of Article 31(4), the term of office of the new Presidentshall be deemed to have commenced on thedate on which the term of office of the personwhose election was determined to have beenvoid or undue would, but for suchdetermination, have commenced.

(4) The exercise, performance anddischarge by any person of the powers, dutiesand functions of the office of President shallnot be invalid by reason only of the fact thatthe Supreme Court subsequently determinesthat the election of such person as Presidentwas void or undue.

(5) The provisions of this Article shallapply no twi ths tand ing anything to thecontrary in Article 40.

40. ( I ) (a) If the office of President Vacation ofshall become vacant prior to the expiration of office byhis term of office, Parliament shall elect as President andPresident one of its Members who is qualified election of to be elected to the office of President. Any suceeding President.

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Cap.1] CONSTITUTION OF THE REPUBLIC

President'sstaff.

person so succeeding to the office of Presidentshall hold office only for the unexpired periodof the term of office of the President vacatingoffice-

(b) Such election shall be held as soon aspossible after, and in no case later than onemonth from, the date of occurrence of thevacancy. Such election shall be by secretballot and by an absolute majority of thevotes cast in accordance with such procedureas Parliament may by law provide:

Provided that if such vacancy occurs afterthe dissolution of Parliament, the Presidentshall be elected by the new Parliament withinone month of its first meeting.

(c) During the period between theoccurrence of such vacancy and theassumption of office by the new President,the Prime Minister shall act in the office ofPresident and shall appoint one of the otherMinisters of the Cabinet to act in the office ofPrime Minister:

Provided that if the office of PrimeMinister be then vacant or the PrimeMinister is unable to act, the Speaker shallact in the office of President.

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

(3) Parliament shall by law provide for allmatters relating to the procedure for theelection of the President by Parliament andall other matters necessary or incidentalthereto.

41. (1) The President shall have thepower to appoint such Secretaries, and, inconsultation with the Cabinet of Ministers,such other officers and staff as are in hisopinion necessary to assist him in theexercise, performance and discharge of thepowers, duties and functions of his office, andto determine their terms and conditions ofservice.

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

(3) Such Secretaries, officers and staffshall be deemed to be public officers exceptthat the dismissal and disciplinary control ofsuch Secretaries, officers and staff shall bevested in the President, who may delegate toany such Secretary his powers of dismissaland disciplinary control in respect of any suchofficers or staff.

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

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

Provided that any such Secretary, officeror member of the staff who immediately priorto his appointment as Secretary, officer ormember of the staff was in the Public orLocal Government Service or in the service ofa public corporation shall be entitled to revertto such service without loss of seniority upona new President assuming office.

(6) The proviso to paragraph (5) of thisArticle shall, mutatis mutandis, apply to anyperson referred to in that proviso upon—

(a) the President terminating the servicesof such person, otherwise than bydismissal on disciplinary grounds ;or

(b) the resignation of such person, unlessdiscipl inary proceedings arepending or contemplated againstsuch person on the date of hisresignation.

(7) For the purposes of paragraphs (5)and (6) of this Article any person who hascontinuously held the office of Secretary tothe President, Secretary to any Ministry orany office in the President's staff or any oneor more of such. offices shall be deemed tohave continuously held the office which suchperson last held.

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CONSTITUTION OF THE REPUBLIC [Cap. 1

CHAPTER VIII

THE EXECUTIVETHE CABINET OF MINISTERS

Responsibility 42. The President shall be responsible toof the Parliament for the due exercise, performancePresident and discharge of his powers, duties and

functions under the Constitution and anywritten law, including the law for the timebeing relating to public security.

Cabinet of 43. (1) There shall be a Cabinet ofMinisters. Ministers charged with the direction and

control of the Government of the Republic,which shall be collectively responsible andanswerable to Parliament.

(2) The President shall be a member ofthe Cabinet of Ministers, and shall be theHead of the Cabinet of Ministers ;

Provided that n o t w i t h s t a n d i n g thedissolution of the Cabinet of Ministers underthe provisions of the Constitution, thePresident shall continue in office.

(3) The President shall appoint as PrimeMinister the Member of Parliament who inhis opinion is most likely to command theconfidence of Parliament.

Ministers of 44. (1) The President shall, from time toCabinet and time, in consultation with the Prime Minister,their subjects where he considers such consultation to beand functions. necessary-

(a) determine the number of Ministers ofthe Cabinet of Ministers and theMinistries and the assignment ofsubjects and funct ions to suchMinisters; and

(b) appoint from among the Members ofParl iament , Ministers to be incharge of the M i n i s t r i e s sodetermined.

(2) The President may assign to himselfany subject or function and shall remain incharge of any subject or function not assignedto any Minister under the provisions ofparagraph (1) of this Article or the provisionsof paragraph (1) of Article 45, and may forthat purpose determine the number ofMinis t r ies to be in his charge, andaccordingly, any reference in the Constitution

Ministers whoare notmembers of theCabinet andtheirMinistriessubjects andfunctions.

or any written law to the Minister to whomsuch subject or function is assigned, shall beread and construed as a reference to thePresident.

(3) The President may, at any time,change the assignment of subjects andfunctions and the composition of the Cabinetof Ministers. Such changes shall not affectthe continuity of the Cabinet of Ministers,and the continuity of its responsibility toParliament,

45. (1) The President may, from time totime, in consultation with the Prime Ministerwhere he considers such consultation to benecessary-

(a) appoint from among Members .ofParliament, Ministers who shall notbe Members of the Cabinet ofMinisters; and

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

(2) The President may at any time changeany appointment or assignment made underparagraph (1) of this Article.

(3) Every Minister appointed under thisArticle shall be responsible and answerable tothe Cabinet of Ministers and to Parliament.

(4) Any Minister of the Cabinet ofMinisters may, by Notification published inthe Gazette, delegate to any Minister who isnot a member of the Cabinet of Ministers anypower or duty pertaining to any subject orfunction assigned to him, or any power orduty conferred or imposed on him by anywritten law and it shall be lawful for suchother Minister to exercise and perform anypower or duty delegated to him under thisparagraph, notwithstanding anything to thecontrary in the written law by which thatpower or duty is conferred or imposed,

46. (1) The President may, from time to Deputytime, in consultation with the Prime Minister, Ministers.where he considers such consultation to benecessary, appoint from among the Membersof Parliament, Deputy Ministers to assist theMinisters of the Cabinet of Ministers in theperformance of their duties.

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Tenure ofoffice of thePrime Minister,Ministers andDeputyMinisters.

Cabinet ofMinisters afterdissolution ofParliament.

(2) Any Minister of the Cabinet ofMinisters may, by Notification published inthe Gazette, delegate to his Deputy Ministerany power or duty pertaining to any subjector function assigned to him, or any power orduty conferred or imposed on him by anywritten law and it shall be lawful for theDeputy Minister to exercise and perform anypower or duty delegated to him under thisparagraph notwithstanding anything to thecontrary in the written law by which thatpower or duty is conferred or imposed on suchMinister.

47. The Prime Minister, a Minister of theCabinet of Ministers, any other Minister orDeputy Minister shall continue to hold officethroughout the period during which theCabinet of Ministers continues to functionunder the provisions of the Constitutionunless he -

(a) is removed by a writing under the handof the President;

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

(c) ceases to be a Member of Parliament.

48. (1) The Cabinet of Ministersfunc t ion ing immed ia t e ly p r io r to thedissolut ion of Par l iament shallnotwithstanding such dissolution continue tofunction and shall cease to function upon theconclusion of the General Election, andaccordingly, the Prime Minister, Ministers of(he Cabinet of Ministers, other Ministers andDeputy Ministers shall continue to functionunless they cease to hold office as provided inparagraph (a) or (b) of Article 47.

(2) Notwithstanding the death, removalfrom the office or resignation of the PrimeMinister, during the period interveningbetween the dissolution of Parliament and theconclusion of the General Election, theCabinet of Ministers shall cont inue tofunction with the other Ministers of theCabinet as its members until the conclusionof the General Election. The President mayappoint one such Minis ter to exercise,perform and discharge, or may himselfexercise, perform and discharge the powers,duties and functions of the Prime Minister. Ifthere is no such other Minister the Presidentshall himself exercise, perform and discharge

the powers, duties and functions of theCabinet of Ministers until the conclusion ofthe General Election.

(3) On the death, removal from office orresignation, during the period interveningbetween the dissolution of Parliament and theconclusion of the General Election, of aMinister of the Cabinet of Ministers or anyother Minister, the President may appointany other Minister to be the Minister incharge of such Ministry or to exercise,perform and discharge the powers, duties andfunctions of such Minister or may himselftake charge of such Ministry or exercise.perform and discharge such powers, dutiesand functions.

49. (1) On the Prime Minister ceasing to Dissolution ofhold office by removal, resignation or Cabinet ofotherwise, except during the period Ministers.in te rven ing between the dissolution ofParliament and the conclusion of the GeneralElection, the Cabinet of Ministers shall,unless the President has in the exercise of hispowers under Art ic le 70. dissolvedParliament, stand dissolved and the Presidentshall appoint a Prime Minister, Ministers ofthe Cabinet of Ministers, other Ministers andDeputy Ministers in terms of Articles 43, 44,45 and 46 :

Provided that if after the Prime Minister soceases to hold office Parliament is dissolved,the Cabinet of Ministers shall continue tofunction with the other Ministers of theCabinet as its members, until the conclusionof the General Election. The President mayappoint one such Minister to exercise,perform and discharge or may himselfexercise, perform and discharge the powers,duties and functions of the Prime Minister,and the provisions of Article 48 shall, mutatismutandis, apply.

(2) If Parliament rejects the Statement ofGovernment Policy or the Appropriation Billor passes a vote of no-confidence in theGovernment, the Cabinet of Ministers shallstand dissolved, and the President shall,unless he has in the exercise of his powersunder Article 70, dissolved Parliament,appoint a Prime Minister, Ministers of theCabinet of Ministers, other Ministers andDeputy Ministers in terms of Articles 43, 44,45 and 46.

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CONSTITUTION OF THE REPUBLIC [Cap. 1

ActingMinister andActing DeputyMinister.

Secretary toCabinet ofMinuten.

Secretaries toMinistries.

50. Whenever a Minister of the Cabinetof Ministers, other Minister or DeputyMinister is unable to discharge the functionsof his office, the President may appoint anyMember of Parliament to act in place of thesaid Minister of the Cabinet of Ministers.other Minister or Deputy Minister.

51. There shall be a Secretary to theCabinet of Ministers who shall be appointedby the President. The Secretary shall, subjectto the direction of the President, have chargeof the office of the Cabinet of Ministers, andshall discharge and perform such otherfunctions and duties as may be assigned tohim by the President or the Cabinet ofMinisters.

52. (1) There shall be for each Ministrya Secretary who shall be appointed by thePresident.

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

(3) The Secretary to a Ministry shall ceaseto hold office upon the dissolution of theCabinet of Ministers under the provisions ofthe Constitution or upon a determination bythe President under Article 44 or Article 45which results in such Ministry ceasing toexit

(4) Where the Secretary to a Ministry soceases to hold office, the Cabinet of Ministersmay appoint such Secretary to any other postin the Public Service:

Provided that a person who immediatelyprior to his appointment as Secretary was inthe Public or Local Government Service or inthe service of any public corporation shall bedeemed to have been temporarily releasedfrom such service and shall be entitled torevert to such service without loss of seniorityupon his so ceasing to hold office asSecretary.

(5) The proviso to paragraph (4) of thisArticle shall, mutatis mutandis, apply to aSecretary to a Ministry upon-

(a) the President terminating his services,otherwise than by dismissal ondisciplinary grounds, or

(b) his resignation, unless disciplinaryproceedings are pending or contemplated against him on thedate of his resignation.

(6) For the purposes of paragraphs (4)and (5) of this Article any person who hascontinuously held the office of Secretary tothe President, Secretary to a Ministry or anyother office in the President's staffer any oneor more of such offices shall be deemed tohave continuously held the office which suchperson last held.

(7) For the purposes of this Article, theOffice of the Parliamentary Commissionerfor Administration, the Office of theSecretary-General of Parliament, theDepartment of the Commissioner ofElections, the Department of theAuditor-General and the Office of theSecretary to the Cabinet of Ministers shall bedeemed not to be departments of Government.

53. A person appointed to any office official oath orreferred to in this Chapter shall not enter affriation.upon the duties of his office until he takes andsubscribes the oath or makes and subscribesthe affirmation set out in the Fourth,Schedule.

CHAPTER IX

THE EXECUTIVE

THE PUBLIC SERVICE

The President shall appoint-oll public Appointmentsofficers required by the Constitution or other by thewritten law to be appointed by the President, president.as well as the Attorney-General and theHeads of the Army, the Navy, the Air Force and the Police Force.

54.

55. (1) Subject to the provisions of the The PublicConstitution, the appointment, transfer. Service.dismissal and disciplinary control of publicofficers is hereby vested in the Cabinet ofMinisters, and all public officers shall holdoffice at pleasure.

(2) The Cabinet of Ministers shall notdelegate its powers of appointment, transfer,dismissal and disciplinary control in respectof Heads of Departments.

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Public ServiceCommission.

(3) The Cabinet of Ministers may, fromt ime to t ime, delegate its powers ofappointment, t ransfer , dismissal anddisciplinary control of other public officers tothe Public Service Commission :

Provided that the Cabinet of Ministersmay, from time to time and notwithstandingany delegation under this Article, delegate toany Minister its power of transfer in respectof such categories of officers as may bespecified, and upon such delegation, thePublic Service Commission or anyCommittee thereof shall not exercise suchpower in respect of such categories of officers.

For the purposes of this proviso," transfer " means the moving of a publicofficer from one post to another post in thesame service or in the same grade of the sameMinistry or Department with no change insalary.

(4) Subject to the provisions of theConstitution, the Cabinet of Ministers shallprovide for and determine all matters relatingto public officers, including the formulationof schemes of recruitment and codes ofconduct for public officers, the principles tobe followed in making promotions andtransfers, and the procedure for the exerciseand the de l ega t ion of the powers ofa p p o i n t m e n t , t r a n s f e r , d ismissal anddisciplinary control of public officers.

(5) Subject to the jurisdiction conferred onthe Supreme Court under paragraph (1) ofArticle 126 no court or tribunal shall havepower or j u r i s d i c t i o n to i n q u i r e into.pronounce upon or in any manner call inquestion, any order or decision of the Cabinetof Ministers, a Minister, the Public ServiceCommission, a Committee of the PublicService Commission or of a public officer, inregard to a n y m a t t e r c o n c e r n i n g thea p p o i n t m e n t , t r a n s f e r , d ismissal ordisciplinary control of a public officer.

(6) For the purposes of this Article andArticles 56 to 59 (both inclusive) " publicofficer " does not include a member of theArmy, Navy or Air Force.

56. (1) There shall be a Public ServiceCommission which shall consist of not lessthan five persons appointed by the President.

The President shall nominate one of themembers of the Commission to be theChairman.

(2) No person shall be appointed orcontinue as a member of the Public ServiceCommission if he is a Member of Parliament.

(3) Every person who, immediately beforehis appointment as a member of the PublicService Commission, was a public officer or ajudicial officer shall, when such appointmenttakes effect, cease to hold such office, andshall be ineligible for further appointment asa public officer or judicial officer :

Provided that any such person shall, untilhe ceases to be a member of the PublicService Commission, or while continuing to besuch a member, attains the age at which hewould, if he were a public officer or a judicialofficer, as the case may be, be required toretire, be deemed to be a public officer or ajudicial officer, and to hold a pensionableoffice in the service of the State, for thepurposes of any provision relating to thegrant of pensions, g ra tu i t i e s or otherallowances in respect of such service.

(4) Every member of the Public ServiceCommission shall hold office for a period offive years from the date of his appointment,unless he earlier resigns his office by awriting under his hand addressed to thePresident, or is removed from office by thePresident for cause assigned, but shall beeligible for reappointment.

(5) The President may grant leave from hisduties to any member of the Public ServiceCommission and may appoint a personqualified to be a member of the PublicService Commission to be a temporarymember for the period of such leave.

(6) A member of the Public ServiceCommission shall be paid such salary as maybe determined by Parliament. The salarypayable to any such member shall be chargedon the Consolidated Fund and shall not bediminished during his term of office.

(7) There shall be a Secretary to the PublicService Commission who shall be appointedby the Commission.

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CONSTITUTION OF THE REPUBLIC [Cap.1

Committees ofPublic ServiceCommission.

(8) The quorum for any meeting of theCommission shall be three members.

(9) The Public Service Commission shallhave power to act notwithstanding anyvacancy in its membership, and no act orproceeding of the Commission shall be, or bedeemed to be, invalid by reason only of anysuch vacancy or any defect in the appointmentof a member.

(10) For the purposes of Chapter IX of thePenal Code, a member of the Public ServiceCommission shall be deemed to be a publicservant.

57. (1) Whenever the Cabinet ofMinisters so directs the Chairman of thePublic Service Commission shall appoint aCommittee of the Public Service Commissionto exercise the powers of the Commission inrespect of such categories of public officers asare specified in such direction.

(2) Upon a direction being made underparagraph (1) of this Article, the Chairman ofthe Public Service Commission shall appointa Committee consisting of three members ofthe Public Service Commission. Where suchChairman is a member of the Committee soappointed, he shall be the Chairman of theCommittee, and where he is not a member ofthe Committee so appointed, then suchmember of that Committee as may benominated in writing by such Chairman, shallbe the Chairman of that Committee.

(3) Upon the appointment of any suchCommittee, the Public Service Commissionshall cease to exercise its powers ofappointment , t r ans fe r , dismissal anddisciplinary control in respect of thecategories of public officers specified in thedirection for the appointment of suchCommittee.

(4) There shall be a Secretary to each suchCommittee who shall be appointed by thePublic Service Commission.

(5) The quorum for any meeting of anysuch Committee shall be two members.

(6) Any such Committee shall have powerto act notwithstanding any vacancy in itsmembership and any act or proceeding of anysuch Committee shall not be. or be deemed to

be, invalid by reason only of any suchvacancy or any defect in the appointment of amember.

58. (1) The Public Service Commission orany Committee thereof may delegate to apublic officer, subject to such conditions asmay be prescribed by the Cabinet ofMinisters, its powers of appointment,transfer, dismissal or disciplinary control ofany category of public officers.

(2) Any public officer aggrieved by anyorder of transfer or dismissal, or any otherorder relating to a disciplinary matter madeby a public officer to whom the PublicService Commission or any Committeethereof has delegated its powers under thepreceding paragraph shall have a right ofappeal to the Public Service Commission orsuch Committee, as the case may be.

59. The Cabinet of Ministers shall havethe power to alter, vary or rescind-

(a) any appointment, order of transfer ordismissal or any other order relatingto a disciplinary matter made, onappeal or otherwise, by the PublicService Commission or aCommittee thereof;

(b) any order of transfer made by aMinister; or

(c) any appointment made by a publicofficer to whom the Public ServiceCommission or any Committeethereof has delegated its powersunder Article 58 (1).

60. Every person who, otherwise than inthe course of his duty, directly or indirectly,by himself or by any other person, in anymanner whatsoever, influences or attempts toinfluence any decision of the Public ServiceCommission, or of any Committee thereof, orof any member of such Commission or of anypublic officer exercising any powersdelegated by such Commission orCommittee, shall be guilty of an offence, andshall, on conviction by the High Court aftertrial without a jury be liable to a fine notexceeding one thousand rupees or toimprisonment for a term not exceeding oneyear -or to both such fine and suchimprisonment and fine:

Delegation byPublic ServiceCommission orany Committeethereof.

Power ofCabinet ofMinisters toalter, vary, orrescindappointments,&c.

Interferencewith PublicServiceCommission,&c., an offence.

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Provided that nothing in this Article shallprohibit any person from giving a certificate

or testimonial to any applicant or candidatefor any public office.

Official oath or 61. A person appointed to any officeaffirmation, referred to in this Chapter shall not enter

upon the duties of his office until he takes andsubscribes the oath or makes and subscribesthe affirmation set out in the FourthSchedule.

CHAPTER XTHE LEGISLATURE

PARLIAMENT

62. (1) There shall be a Parliamentwhich shall consist of one hundred .andninety-six Members elected by the electors ofthe several electoral districts constituted inaccordance with the provisions of theConstitution.

Parliament.

(2) Unless Parliament is sooner dissolved,every Parliament shall continue for six yearsfrom the date appointed for its first meetingand no longer, and the expiry of the saidperiod of six years shall operate as adissolution of Parliament.

63. Except for the purpose of electing theSpeaker, no Member shall sit or vote inParliament until he has taken and subscribedthe following oath,, or made and subscribedthe following affirmation, beforeParliament:-

Official oath oraffirmation.

solemnly declare and affirm"I. . . .do

swearthat I will 'uphold and defend theConstitution of the Democratic SocialistRepublic of Sri "Lanka."

64. (1) Parliament shall, at its firstmeeting after a General Election, elect threeMembers to be respectively the Speaker, theDeputy Speaker and Chai rman ofCommittees (hereinafter referred to as the"Deputy Speaker") and the DeputyChairman of Committees thereof.

Speaker,DeputySpeaker andDeputyChairman ofCommittees.

(2) A Member holding office as theSpeaker or the Deputy Speaker or the DeputyChairman of Committees shall, unless heearlier resigns his office by a writing under

his hand addressed to the President or ceasesto be a Member, vacate his office on thedissolution of Parliament.

(3) Whenever the office of Speaker,Deputy Speaker or Deputy Chairman ofCommittees becomes vacant otherwise thanas a result of a dissolution of Parliament,Parliament shall at its first meeting after theoccurrence of the vacancy elect anotherMember to be the Speaker, the DeputySpeaker or the Deputy Chairman ofCommittees, as the case may be.

(4) If Parliament, after having beendissolved, is summoned under paragraph (7)of Article 70, each of the Membersmentioned in paragraph (2) of this Articleshall, notwithstanding anything therein,resume and continue to hold Jus. office whilethat Parliament is kept in session.

(5) The Speaker, or in his absence theDeputy Speaker, or in their absence theDeputy Chairman of Committees, shallpreside at sittings of Parliament. If none ofthem is present, a Member elected byParliament for the sitting shall preside at thatsitting of Parliament.

65.(1) There shall be a Secretary.Secretary-General of Parliament who shall be Generalappointed by the President and who shall of Parliament.hold office during good behaviour.

(2) The salary of the Secretary-Generalshall be determined by Parliament, shall becharged on the Consolidated Fund and shallnot be diminished during his term of office.

(3) The members of the staff of theSecretary-General shall be appointed by himwith the approval of the Speaker.

(4) The salaries of the members of thestaff of the Secretary-General shall becharged on the Consolidated Fund.

(5) The office of the Secretary-Generalshall become vacant-

(a) upon his death ;(b) on his resignation in writing addressed

to the President;(c) on his attaining the age of sixty years,

unless Par l iament otherwiseprovides by law ;

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CONSTITUTION OF THE REPUBLIC [Cap.1

Vacation ofseats.

Privileges,immunities andpowers ofParliament andMembers.

(d) on his removal by the President onaccount of ill-health or physical ormental infirmity; or

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

(6) Whenever the Secretary-General isunable to discharge the functions of hisoffice, the President may appoint a person toact in the place of the Secretary-General.

66. The seat of a Member shall becomevacant-

(a) upon his death ;(b) if, by a writing under his hand

addressed to the Secretary-Generalof Parliament, he resigns his seat;

(c) upon his assuming the office ofPresident consequent to his electionto such office, either by the Peopleor by Parliament;

(d) if he becomes subject to anydisqualification specified in Article89 or 91;

(e) if he becomes a member of the PublicService or an employee of a publiccorporation or, being a member ofthe Public Service or an employeeof a public corporation, does notcease to be a member of suchService or an employee of suchcorporation, before he sits inParliament;

(f) if, without the leave of Parliament firstobtained, he absents himself fromthe sittings of Parliament during acontinuous period of three months ;

(g) if his election as a Member is declaredvoid under the law in force for thetime being;

(h) upon the dissolution of Parliament; or(i) upon a resolution for his expulsion

being passed in terms of Article 81.

67. The privileges, immunities andpowers of Parliament and of its Membersmay be determined and regulated byParliament by law, and until so determinedand regulated, the provisions of theParliament (Powers and Privileges) Act,*shall, mutatis mutandis, apply.

68. (1) Ministers, Deputy Ministers and Allowances ofMembers, including the Speaker, the Deputy Members.Speaker and the Deputy Chairman ofCommittees, shall be paid such remunerationor allowance as may be provided byParliament, by law or by resolution, and thereceipt thereof shall not disqualify therecipient from sitting or voting in Parliament.

(2) Until Parliament so provides, theremuneration payable to Ministers, DeputyMinisters and Members, including theSpeaker, the Deputy Speaker and the DeputyChairman of Committees, shall be the sameas the remuneration paid to Ministers,Deputy Ministers and Members including theSpeaker, the Deputy Speaker and the DeputyChairman of Committees of the NationalState Assembly immediately prior to thecommencement of the Constitution.

69. Parliament shall have power to act Power ofnotwi ths tanding any vacancy in its Parliament tomembership, and its proceedings shall be act notwithstandingvalid notwithstanding that it is discovered vacancies.subsequently that a person who was notentitled so to do sat or voted or otherwise tookpart in the proceedings.

CHAPTER XI

THE LEGISLATURE

PROCEDURE AND POWERS

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

Provided that-(a) subject to the provisions of

sub-paragraph (d), when a GeneralElection has been held consequentupon a dissolution of Parliament bythe President, the President shallnot thereafter dissolve Parliamentuntil the expiration of a period ofone year from the date of suchGeneral Election, unless Parliamentby resolution requests the Presidentto dissolve Parliament;

* See section 6 of the Revision of the Legislative Enactments Act and the Schedule to that Act.

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Cap. 1] CONSTITUTION OF THE REPUBLIC

(b) the President shall not dissolveParliament on the rejection of theStatement of Government Policy atthe commencement of the firstsession of Parl iament after aGeneral Election;

(c) subject to the provisions ofsub-paragraph (d), the Presidentshall not dissolve Parliament afterthe Speaker has entertained aresolution complying with therequirements of sub-paragraphs (a)and (b) of paragraph (2) of Article38, unless-

(i) such resolution is not passed asrequired by sub-paragraph(c) of paragraph (2) ofArticle 38 ;

(ii) the Supreme Court determinesand reports that thePresident has not becomepermanently incapable ofdischarging the functions ofhis office or that thePresident has not been guiltyof any of the otherallegations contained in suchresolution;

(iii) the consequent resolution forthe removal of the Presidentis not passed as required bysub-paragraph (e) ofparagraph (2) of Article 38 ;or

(iv) Parl iament by resolutionrequests the President todissolve Parliament;

(d) where the President has not dissolvedParliament consequent upon therejection by Parliament of theAppropriation Bill, the Presidentshall dissolve Parl iament ifPar l iament rejects the nextAppropriation Bill.

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

(3) A Proclamation proroguingParliament shall fix a date for the nextsession, not being more than two months afterthe date of the Proclamation :

Provided that, at any time whileParliament stands prorogued, the Presidentmay by Proclamation-

(i) summon Parliament for an earlierdate, not being less than three daysfrom the date of such Proclamation,or

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

(4) All matters which, having been dulybrought before Parliament, have not beendisposed of at the time of the prorogation ofParliament, may be proceeded with duringthe next session.

(5) (a) A Proclamation dissolvingParliament shall fix a date or dates for theelection of Members of Parliament, and shallsummon the new Parliament to meet on adate not later than three months after thedate of such Proclamation.

(b) Upon the dissolution of Parliament byvirtue of the provisions of paragraph (2) ofArticle 62, the President shall forthwith byProclamation fix a date or dates for theelection of Members of Parliament, and shallsummon the new Parliament to meet on adate not later than three months after thedate of such Proclamation.

(c) The date fixed for the first meeting ofParl iament by a Proclamation undersub-paragraph (a) or sub-paragraph (b) maybe varied by a subsequent Proclamation,provided that the date so fixed by thesubsequent Proclamation shall be a date notlater than three months after the date of theoriginal Proclamation.

(6) Where the poll for the election of thePresident is to be taken on a date which fallsbetween the date of dissolution of Parliamentand the date before which Parliament isrequired by paragraph (5) of this Article tobe summoned to meet, Parliament shall,notwithstanding anything in that paragraph,be summoned to meet on a date not later thanfour months after the date of dissolution ofParliament.

(7) If at any time after the dissolution ofParliament, the President is satisfied that anemergency has arisen of such a nature that anearlier meeting of Parliament is necessary, hemay by Proclamation summon the

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CONSTITUTION OF THE REPUBLIC [Cap. 1

Parliament which has been dissolved to meeton a date not less than three days from thedate of such Proclamation and suchParliament shall stand dissolved upon thetermination of the emergency or theconclusion of the General Election, whicheveris earlier.

Adjournment. 71. Parliament may adjourn from time totime as it may determine by resolution orStanding Order, until it is prorogued ordissolved.

Voting. 72. (1) Save as otherwise provided in theConstitution any question proposed fordecision by Parliament shall be decided bythe majority of votes of the Members presentand voting.

(2) The person presiding shall not vote inthe first instance but shall have and exercise acasting vote in the event, of an equality ofvotes.

Quorum. 73. If at any time during a meeting ofParliament the attention of the personpresiding is drawn to the fact that there arefewer than twenty Members present, theperson presiding shall, subject to anyStanding Order, adjourn the sitting withoutquestion put.

74. (1) Subject to the provisions of theConstitution, Parliament may by resolutionor Standing Order provide for-

StandingOrders.

(i) the election and retirement of theSpeaker, the Deputy Speaker andthe Deputy Chairman ofCommittees, and

(ii) the regulation of its business, thepreservation of order at its sittingsand any other matter for whichprovision is required or authorizedto be so made by the Constitution.

(2) Until Parliament otherwise providesby law or by resolution, the Standing Ordersof the National State Assembly, operativeimmediately prior to the commencement ofthe Constitution, shall, mutatis mutandis, bethe Standing Orders of Parliament.

Legislative 75. Parliament shall have power to makepower, laws, including laws having retrospective

effect and repealing or amending anyprovision of the Constitution, or adding anyprovision to the Constitution :

Provided that Parliament shall not makeany law-

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

(b) repealing the Constitution as awhole unless such law also enacts anew Constitution to replace it.

76. ( I ) Parliament shall not abdicate or Delegation ofin any manner alienate its legislative power, legilativeand shall not set up any authority with any powerlegislative power.

(2) It shall not be a contravention of theprovisions of paragraph (1) of this Article forParliament to make, in any law relating topublic security, provision empowering thePresident to make emergency regulations inaccordance with such law.

(3) It shall not be a contravention of theprovisions of paragraph (1) of this Article forParliament to make any law containing anyprovisior empowering any person or body tomake subordinate legislation for prescribedpurposes, including the power-

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

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

(c) to create a legal person, by an order oran act.

In sub-paragraphs (a) and (b) of thisparagraph, "law" includes existing law.

(4) Any existing law containing any suchprovision as aforesaid shall be valid andoperative.

77. (1) It shall be the duty of the Duties ofAttorney-General to examine every Bill for Attorney-any contravention of the requirements of General.paragraphs (1) and (2) of Article 82 and for in regaurd toany provision which cannot be validly passed published bills.except by the special majority prescribed bythe Constitution; and the Attorney-Generalor any officer assisting the Attorney-Generalin the performance of his duties under thisArticle shall be afforded all facilitiesnecessary for the performance of such duties.

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Cap.l ] CONSTITUTION OF THE REPUBLIC

Publication ofBills andpassing of Billsand resolutions.

Certificate ofSpeaker.

When Billbecomes law.

(2) If the Attorney-General is of theopinion that a Bill contravenes any of therequirements of paragraphs (1 ) and (2). ofArticle 82 or that any provision in a Billcannot be validly passed except by the specialmajority prescribed by the Constitution, hesha l l communicate such opinion to thePresident:

Provided that in the case of an amendmentproposed to a Bi l l in P a r l i a m e n t , theAt torney-Genera l shall communicate hisopinion to the Speaker at the stage when theBill is ready to be put to Parliament for itsacceptance.

78. (1) Every Bill shall be published inthe Gazette at least seven days before it isplaced on the Order Paper of Parliament.

(2) The passing of a Bill or a resolution byParliament shall be in accordance with theConstitution and the Standing Orders ofParliament. Any one or more of the StandingOrders may be suspended by Parliament inthe c i rcumstances and in the m a n n e rprescribed by the Standing Orders.

79. The Speaker shall endorse on everyBill passed by Parliament a certificate in thefollowing form :-

"This Bill (here state the short title ofthe Bi l l ) has been d u l y passed byParliament."

Such cert if icate may also state themajority by which such Bill was passed :

Provided tha t where by virtue- of theprovisions of Article 82 or Article 83 orArticle 84 or Article 123 (2) a specialmajority is required for the passing of a Bill,the Speaker shall certify such Bill only if suchBill has been passed with such specialmajority :

Provided further that where by virtue ofArticle 83, the Bill or any provision thereofrequires the approval of the People at aReferendum, such certificate shall furtherstate that the Bill or such provision shall notbecome law until approved by the People at aReferendum.

80. (1) Subject to the provisions ofparagraph (2) of this Article, a Bill passed byParl iament shall become law when thecertificate of the Speaker is endorsed thereon.

(2) Where the Cabinet of Ministers hascertified that any Bill or any provision thereofis intended to be submitted for approval bythe People at a Referendum or where theSupreme Court has determined that a Bill orany provision thereof requires the approval ofthe People at a Referendum or where any Billis submitted to the People by Referendumunder paragraph (2) of Article 85, such Billor such provision shall become law uponbe ing approved by the People at aReferendum in accordance with paragraph(3) of Article 85 only when the Presidentcertifies that the Bill or provision thereof hasbeen so approved. The President shall endorseon every Bill so approved a certificate in thefollowing form :-

" This Bil l /provision has been dulyapproved by the People at a Referendum."

Every such certificate shall be final andconclusive, and sha