Constitution of Sri Lanka
Preamble
Whereas it is the will of the people of Sri Lanka to establish and
strengthen an order -
Wherein the sovereignty of the people is assured and the exercise of
authority by their freely chosen representatives is in the nature of a
sacred trust;
Wherein the principles of democracy, freedom, humanity, tolerance and
equal opportunity shall be fully observed;
Wherein the dignity of the individual shall be upheld through the
guaranteeing of human rights and fundamental freedoms and the rule of
law;
Wherein the territories constituting the nation shall form one
indissoluble union, the units whereof will be characterised by such
boundaries and limitations on their powers and authority as may be
prescribed; **
Wherein the territorial integrity, independence and unity of the nation
including its sovereign rights over land, sea and air shall be
safeguarded;
Wherein peace and fraternity among all communities shall be secured and
provision made enabling all communities to enjoy and nurture their
distinct culture, practice and profess their own religion and promote
their own language, thus preserving the rich cultural and ethnic
diversity characteristic of a plural society:
Now, therefore, we the people of Sri Lanka having solemnly resolved to
constitute Sri Lanka into a free, sovereign, united and independent
Republic:**
Cognisant of the sacrifices made by the people in the cause of
sustaining the unity and sovereignty of the republic;
Mindful of our obligations to succeeding generations of Sri Lankans and
the International Community;
Inspired by the vision of a Sri Lankan nation where all communities
co-exist in equality, safety and contentment;
Conscious of the desire to achieve rapid, sustained and equitable
development so that the people of Sri Lanka may prosper and attain their
rightful place among the community of nations:
Do, on this (DAY) acting through our freely chosen representatives
constituting the 10th Parliament of Sri Lanka established by us, hereby
adopt, enact and give to ourselves**
This CONSTITUTION as the SUPREME LAW of the REPUBLIC OF SRI LANKA
** to be finalised.
The People, the State and Sovereignty
1. Sri Lanka is a Sovereign Republic and shall be known as the Republic
of Sri Lanka. The Republic of Sri Lanka shall be an indissoluble Union of
Regions.
2. (1) The territory of the Republic shall consist of Regions, the
names, boundaries and areas of which are set out in the First Schedule,
the Capital Territory and its territorial waters.
(2) No Regional Administration or Regional Administrations shall
attempt, by direct or indirect means, to promote or otherwise advocate
an initiative towards
(a) The separation or secession of such Region or Regions from the Union
of Regions constituting the Republic of Sri Lanka.
(b) Alteration of the area of such Region or Regions;
(c) Alteration of the boundaries of such Region or Regions:
(d) Alteration of the name or names of such Region or Regions;
(e) Formation of a new Region by separation of territory from any Region
or by uniting two or more Regions or parts of Regions or by uniting any
territory with a part of any region:
Provided that nothing in this paragraph shall be read and construed as
prohibiting a Regional Administration from making representations to the
Central Government regarding the matters referred to in sub- paragraph
(c) of this paragraph.
3. In the Republic of Sri Lanka, sovereignty is in the People and is
inalienable. Sovereignty includes the powers of Government, fundamental
rights and the franchise and shall be exercised and enjoyed in the
following manner -
(a) The legislative power of the People shall be exercised by
parliament, Regional Councils and the People at a Referendum as
hereinafter provided;
(b)The executive power of the People shall be exercised by the President
of the Republic acting on the advice of the Prime Minister and the
Cabinet of Ministers, and the Governors acting on the advice of the
respective Chief Ministers and Regional Boards of Ministers to the
extent hereinafter provided;
(c) The judicial power of the people shall be exercised through courts,
tribunals and institutions created and established, or recognised, by
the Constitution, or created and established by law, except in regard to
matters relating to the privileges, immunities and powers of Parliament
and of its members, wherein the judicial power of the people may also
exercised directly by Parliament according to law;
(d) The fundamental rights which are by the Constitution declared and
recognised shall be respected, secured and advanced by all the organs of
Government, and shall not be abridged, restricted or denied, save in the
manner and to the extent hereinafter provided; and
(e) The franchise shall be exercisable at the election of Members of
Parliament, and of the members of Regional Councils, and at every
Referendum by every citizen who has attained the age of eighteen years,
and who, being qualified to be an elector as hereinafter provided, has
his name entered in the register of electors.
4. The National Flag of the Republic of Sri Lanka shall be the Lion Flag
depicted in the Third Schedule.
5. The National Anthem of the Republic of Sri Lanka shall be ``Sri Lanka
Matha'', the words and music of which are set out in the Fourth
Schedule.
6. The National Day of the Republic of Sri Lanka shall be the fourth day
of February.
** Chapter I is subject to final approval by the Parliamentary Select
Committee on the Constitution.
Buddhism
7. (1) The Republic of Sri Lanka shall give to Buddhism the foremost
place and accordingly it shall be the duty of the state to protect and
foster the Buddha Sasana, while guaranteeing to all religions the rights
granted by Articles 15 (1) and 15 (3).
(2) The State shall consult the Supreme Council in all matters
pertaining to the protection and fostering of the Buddha Sasana.
(3) For the purpose of this Article ``Supreme Council'' means a Council
established by law in consultation with the Maha Sangha.
Fundamental Rights and Freedoms
Inherent right to life
8. Every person has an inherent right to life and no person shall be
intentionally or arbitrarily deprived of his life.
Freedom from torture or cruel, inhuman or degrading treatment
9. (1) No person shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
(2) No restriction shall be placed on the right declared and recognised
by this Article.
Freedom from arbitrary arrest, detention and punishment and prohibition
of retroactive penal legislation
10. (1) No person shall be imprisoned or otherwise physically restrained
except in accordance with procedure prescribed by law.
(2) No person shall be arrested except by an authorised officer acting
in accordance with procedure prescribed by law under a warrant issued by
a judicial officer causing such person to be apprehended and brought
before a competent court:
Provided that any person authorised so to do by any law may, in the
manner, and in the circumstances, prescribed by law, arrest any person
without such a warrant.
(3) Any person arrested shall at the time of arrest be informed, in a
language which he appears to understand, of the reason for his arrest
and of his rights under paragraphs (4) and (5) of this Article.
Provided that such person, if he so requests, shall be informed in
writing of the reasons of his arrest within a reasonable time.
(4) Any person arrested shall have the right to communicate with any
relative or friend of his choice, and, if he so requests, such person
shall be afforded means of communicating with such relative or friend.
(5) Any person arrested shall have the right to consult and retain an
Attorney-at-Law shall be afforded all reasonable facilities by the
State.
(6) Any person arrested shall not be detained in custody or confined for
a longer period than under all the circumstances of the case is
reasonable, and shall, in every case be brought before the judge of a
competent court within twenty-four hours of the arrest, exclusive of the
time necessary for the journey from the place of arrest to such judge,
and no person shall be detained in custody beyond such period except
upon, and in terms of the order of such judge.
(7) (a) Any person detained in custody or confined who is entitled,
under the provisions of any law, to be released on bail or on his
executing a bond, shall be so released.
(b) The amount of bail and the amount of every such bond shall be fixed
with due regard to the circumstances of the case and shall not be
excessive.
(8) Any person suspected of committing an offence shall be charged or
indicted or released, without unreasonable delay.
(9) Any person charged with an offence shall be entitled to be heard in
person or by any Attorney-at-Law of his own choosing and shall be so
informed by the judge.
(10) Any person charged with an offence shall be entitled to be tried -
(a) without undue delay;
(b) at a fair trial;
(c) by a competent court;
(d) at a public hearing:
Provided that a judge may, in his discretion, whenever he considers it
necessary, in proceedings relating to sexual matters, or where the
interests of juveniles so require, or in the interests of national
security or public order necessary in a democratic society or in the
interests of order and security within the precincts of such court,
exclude therefrom such persons as are not directly interested in the
proceedings.
(11) Every person shall be presumed innocent until he is proved guilty;
Provided that burden of proving particular facts may, by law, be placed
on the accused.
(12) No person shall be compelled to testify against himself or to
confess guilt.
(13) No person shall be held guilty of an offence on account of any act
or omission which did not, at the time of such act or omission,
constitute such an offence, and no penalty shall be imposed for any
offence more severe than the penalty in force at the time when such
offence was committed:
Provided that nothing in this Article shall prejudice the trial and
punishment of any person for any act or omission which at the time when
it was committed, was criminal according to the general principles of
law recognised by the community of nations.
(14) Any person who has once been tried by a competent court for an
offence and convicted or acquitted of such offence shall not be liable
to be tried for the same offence.
(15) No person shall be punished with death or imprisonment except by
order of a competent court in accordance with law. The arrest, holding
in custody, detention or other deprivation of personal liberty of a
person, pending investigation or trial shall, if not unreasonable having
regard to the circumstances, not constitute punishment:
Provided that the arrest, holding in custody, detention or other
deprivation of personal liberty of a person, by reason of a removal
order or a deportation order made under the provisions of the Immigrants
and Emigrants Act or the Indo-Ceylon Agreement Implementation Act No. 14
of 1967 or other such law as may be enacted in substitution therefor,
shall not be a contravention of this Article.
(16) All persons deprived of their liberty shall be treated with
humanity and respect for the inherent dignity of the human person.
(17) No restriction shall be placed on the rights declared and
recognised by this Article other than such restrictions prescribed by
law as are necessary in a democratic society in the interests of
national security, public order or for the purpose of securing due
recognition and respect for the rights and freedoms of others.
Right to equality
11. (1) All persons are equal before the law and are entitled to the
equal protection of the law.
(2) No citizen shall be discriminated against on the grounds of race,
religion, language, caste, sex, political or other opinion, place of
birth or any one of such grounds:
Provided that it shall be lawful to require a person to acquire within a
reasonable time sufficient knowledge of any national language as a
qualification for employment or office in the Public Service, Judicial
Service, Regional Public Service or Local Government service or in the
service of any public corporation, where such knowledge is reasonably
necessary for the discharge of such employment or office:
Provided further that it shall be lawful to require a person to have a
sufficient knowledge of any language as a qualification for any such
employment or office where no function of that employment or office can
be discharged otherwise than with a knowledge of that language.
(3) No person shall on the grounds of race, religion, language, caste,
sex, political or other opinion, place of birth or any one of such
grounds, be subject to any disability, liability, restriction or
condition with regard to access to shops, public restaurants, hotels,
places of public entertainment and places of public worship of his own
religion.
(4) Nothing in this Article shall prevent special measures being taken
by law, subordinate legislation or executive action where necessary for
the sole purpose of the protection or advancement of disadvantaged or
underprivileged individuals or groups including those that are
disadvantaged or underprivileged because of race, sex, age or mental or
physical disability.
(5) No restriction shall be placed on the exercise of the rights
declared and recognised by this article other than such restrictions
prescribed by law as are necessary in a democratic society in the
interests of national security, public order or the protection of public
health or for the purpose of securing due recognition and respect for
the rights and freedoms of others.
Freedom of movement
12. (1) Every person lawfully resident within Sri Lanka is entitled to
the freedom of movement within Sri Lanka and of choosing his residence
within Sri Lanka.
(2) Every person shall be free to leave Sri Lanka.
(3) No restrictions shall be placed on the exercise of the rights
declared and recognised by this Article other than such restrictions
prescribed by law as are necessary in a democratic society in the
interests of national security or public order or national economy or
the protection of public health or morality or for securing due
recognition and respect for the rights and freedoms of others.
Freedom to return to Sri Lanka.
13. Every citizen shall be entitled to return to Sri Lanka.
Right to private and family life.
14. (1) Every person has the right to respect his private and family
life, his home and his correspondence and communications and shall not
be subjected to unlawful attacks on his honour and reputation.
(2) No restrictions shall be placed on the exercise of the right
declared and recognised by this Article other than such restrictions
prescribed by law as are necessary in a democratic society in the
interests of national security, public order or national economy or the
protection of public health or morality or for securing due recognition
and respect for the rights and freedoms of others.
Freedom of thought, conscience and religion.
15. (1) Every person is entitled to freedom of thought, conscience and
religion including the freedom to have or to adopt a religion or belief
of his choice.
(2) No restrictions shall be placed on the rights declared and
recognised by paragraph (1) of this Article.
(3) Every person is entitled to the freedom, either by himself or in
association with others, and either in public or in private, to manifest
his religion or belief in worship, observance, practice and teaching.
(4) No restrictions shall be placed on the rights declared and
recognised by paragraph (3) of this Article other than such restrictions
prescribed by law as are necessary in a democratic society in the
interests of national security, public order, or for securing due
recognition and respect for the rights and freedoms of others.
Freedom of speech and expression including publication and freedom of
information.
16. (1) Every person is entitled to the freedom of speech and expression
including publication. This right shall include the freedom to hold
opinions and to receive and impart information and ideas either orally,
in writing, in print, in the form of art, or through any other medium.
(2) No restrictions shall be placed on the right declared and recognised
by this Article other than such restrictions prescribed by law as are
necessary in a democratic society in the interests of national security,
public order, the protection of public health or morality, racial and
religious harmony or in relation to parliamentary privilege, contempt of
court, defamation or incitement of an offence or for securing due
recognition and respect for the rights and freedoms of others.
Freedom of peaceful assembly.
17. (1) Every person is entitled to the freedom of peaceful assembly.
(2) No restrictions shall be placed on the exercise of the right
declared and recognised by this Article other than such restrictions
prescribed by or under any law as are necessary in a democratic society
in the interests of national security, public order, racial or religious
harmony, the protection of public health or for the purpose of securing
the due recognition and respect for the rights and freedoms of others.
Freedom of Association.
18. (1) Every person is entitled to the freedom of association.
(2) Every citizen is entitled to the freedom to form and join a trade
union.
(3) No restrictions shall be placed on the exercise of the rights
declared and recognised by this Article other than such restrictions
prescribed by law as are necessary in a democratic society in the
interests of national security, public order, racial or religious
harmony, national economy or for securing due recognition and respect
for the rights and freedoms of others.
Right to enjoy and promote culture and use of language.
19. (1) Every citizen is entitled by himself or in association with
others to enjoy and promote his own culture and to use his own language.
(2) No restriction shall be placed on the exercise of the right declared
and recognised by this Article other than such restrictions prescribed
by law as are necessary in a democratic society in the interests of
national security, public order, racial or religious harmony or the
protection of public health or morality or for securing due recognition
and respect for the rights and freedoms of others.
Freedom to engage in any lawful trade, occupation, profession, business
or enterprise.
20. (1) Every citizen is entitled to the freedom to engage by himself or
in association with others in any lawful occupation, profession, trade,
business or enterprise.
(2) No restriction shall be placed on the exercise of the rights
declared and recognised by this Article other than such restrictions
prescribed by law as are necessary in a democratic society in the
interests of the national economy, national security, public order,
protection of public health or morality, the environment or for securing
due recognition and respect for the rights and freedoms of others or in
relation to -
(a) The professional, technical, academic, financial and other
qualifications necessary for practising any profession or carrying on
any occupation, trade business or enterprise, and the licensing and
disciplinary control of the person entitled to such fundamental right;
and
(b) The carrying on by the State, a State agency or a public corporation
of any trade, business, industry, service or enterprise, whether to the
exclusion, complete or partial, of citizens or otherwise.
Right to own property.
21. (1) Every citizen is entitled to own property alone or in
association with others.
(2) No person shall be deprived of his property except according to
procedure established by law. No property shall be compulsorily acquired
or requisitioned save for a public purpose or for reasons of public
utility or public order and save by authority of a law which provides
for the payment of fair compensation.
Operation of certain fundamental rights in their application to armed
forces to be subject to restrictions prescribed by law.
22. The exercise and operation of the fundamental rights declared and
recognised by Article 10, 11, 12, 14, 15(3), 16, 17 and 18 shall in
their application to the armed forces, the police force and other forces
charged with the maintenance of public order be subject to such
restrictions as may be prescribed by or under any law in the interests
of the proper discharge of their duties and the maintenance of
discipline among them.
Derogation in times of public emergency.
23. (1) In time of public emergency the existence of which is duly
proclaimed, subject to paragraphs (2) and (3), measures may be
prescribed by law derogating from the exercise and operation of the
fundamental rights declared and recognised in this Chapter to the extent
strictly required by the exigencies of the situation and necessary in a
democratic society, provided that such measures do not involve
discrimination solely on the grounds of race, class, religion, gender,
language, caste, national or social origin. For the purpose of this
Article ``law'' includes regulations made under the law for the time
being in force relating to public security.
(2) There shall be no derogation from any of the rights declared and
recognised by Articles 8, 9, 10(1), 10(2), 10(10), 12, 13 and 15.
(3) There shall be no derogation from the right declared and recognised
by Article 10 (6) unless at the same time legal provision is made
requiring -
(i) A Magistrate having jurisdiction to be promptly informed of the
arrest, and
(ii) The person arrested to be produced before such Magistrate within
such time as is reasonable in all the circumstances of the case.
Existing written law and unwritten law.
24. All existing written law and unwritten law shall be valid and
operative notwithstanding any inconsistency with the provisions of this
Chapter.
Subjection on a Court order not to be a contravention.
25. The subjection of any person on the order of a court to any form of
punishment recognised by any written law shall not be a contravention of
the provisions of this Chapter.
Remedy for the infringement of fundamental rights by State action
26. Every person shall be entitled to apply to the Supreme Court as
provided by Article 168 in respect of the infringement or imminent
infringement, by State action, including executive or administrative
action, of a fundamental right to which such person is entitled under
the provisions of this Chapter, or by judicial action by courts
exercising original criminal jurisdiction, of a fundamental right to
which such person is entitled under Article 10:
Provided that where the person aggrieved is unable or incapable of
making an application under Article 168 by reason of physical, social or
economic disability or other reasonable cause, and application may be
made on behalf of such a person, by any relative or friend of such
person if the person aggrieved, raises no objection to such application:
Provided further that an application under this Article may be made, in
the public interest, on behalf of any person or persons aggrieved, by
any other person or by any incorporated or unincorporated body of
persons.
Language
Official languages.
27. The Official languages of Sri Lanka shall be Sinhala and Tamil.
National languages.
28. The national languages of Sri Lanka shall be Sinhala, Tamil and
English.
Use of languages in Parliament & Country.
29. A Member of Parliament or a Member of a Regional Council or a member
of a local authority shall be entitled to perform his duties and
discharge his functions in Parliament or in such Regional Council or
local authority in any of the National Languages.
Languages of administration.
30. (1) Sinhala and Tamil shall be the languages of administration
throughout Sri Lanka.
(2) Sinhala shall be the language used for the maintenance of public
records by public institutions, Regional Councils and local authorities
in all the Regions of Sri Lanka other than the northern and eastern
regions where Tamil shall by used.
(3) Sinhala and Tamil shall be used as the languages for the maintenance
of public records by public institutions, Regional Councils or local
authorities in any area comprising a division of a divisional secretary
where the Sinhala or Tamil linguistic minority, as the case may be, in
such area exceeds one fifth of the total population of that area.
(4) In any area where Sinhala is used as a language for the maintenance
of public records, a person shall be entitled -
(a) To receive communication from and to communicate and transact
business with, any official in his official capacity, in either Tamil or
English and to receive a response to such communication from such
official in the language in which he communicated.
(b) If the law recognises his right to inspect or to obtain copies of or
extracts from any official register, record, publication or other
document, to obtain a copy of, or an extract from such register, record,
publication or other document, or a translation thereof, as the case may
be, in either Tamil or English;
(c) Where a document is executed by an official for the purpose of being
issued to him, to obtain such document or a translation thereof, in
either Tamil or English;
(d) To give information as regards any birth, death or marriage or with
regard to the commission of an offence to a Police or peace officer in
either Tamil or English.
Rights in Tamil speaking areas.
31. In any area where Tamil is used as a language for the maintenance of
public records, a person shall be entitled to exercise the rights and to
obtain the services referred to in sub-paragraphs (a), (b), (c) and (d)
of paragraph (4) of Article 30 in Sinhala or English.
Rights of Regional Councils.
32. A Regional Council or local authority which conducts its business in
Sinhala shall be entitled to receive communications from and to
communicate and transact business with any official, in his official
capacity, in Sinhala, and a Regional Council or a local authority which
conducts its business in Tamil shall be entitled to receive
communications form and to communicate and transact business with, any
official in his official capacity, in Tamil:
Provided, however, that a Regional Council, local authority, public
institution or any official receiving communications from or transacting
business with any other Regional Council, local authority, public
institution or any official functioning in an area in which a different
language is used as the language of administration shall be entitled to
receive communications from and to communicate and transact business in
English.
Language of examinations.
33. A person shall be entitled to be examined through the medium of
either Sinhala or Tamil or English at any examination for the admission
of persons to the Public Service, Judicial Service, Regional Public
Service, Local Government Service or any public institution, subject to
the condition that he may be required to acquire a sufficient knowledge
of Tamil or Sinhala, as the case may be, within a reasonable time after
admission to such service or public institution where such knowledge is
reasonably necessary for the discharge of his duties:
Provided that a person may be required to have a sufficient knowledge of
Sinhala or Tamil or English as a condition for admission to any such
service or public institution where no function of the office or
employment for which he is recruited can be discharged otherwise than
with a sufficient knowledge of such language.
Language of legislation.
34. All laws and subordinate legislation shall be enacted in Sinhala,
Tamil and English.
In the event of any inconsistency between such texts, each text shall be
regarded as equally authoritative unless parliament shall otherwise
provide at the stage of enactment of any law.
Subordinate legislation.
35. All Orders, Proclamations, rules, by-laws, regulations and
notifications made or issued under any written law other than by a
Regional Council or a local authority, and the Gazette shall be
published in Sinhala, Tamil and English.
Subordinate legislation by Regional Council or Local Authorities.
36. All Orders, Proclamations, rules, by-laws, regulations and
notifications made or issued under any written law by a Regional Council
or a local authority, and all documents, including circulars and forms
issued by any such body or any public institution shall be published in
the language used as the language of record in the respective areas in
which they function, together with a translation thereof in English.
Laws and subordinate legislation already in force.
37. All laws and subordinate legislation in force immediately prior to
the commencement of the Constitution, shall be published in the Gazette
in Sinhala and Tamil as expeditiously as possible.
Language of Courts.
38. Sinhala and Tamil shall be the language of the courts throughout Sri
Lanka.
Language of record and proceedings in Courts.
39. Sinhala shall be used as the language of the record and proceedings
in courts situated in all the areas of Sri Lanka except in the Northern
and Eastern Regions. In the event of any appeal from any court, the
record shall also be prepared in the language of the court hearing the
appeal, if the language of such court is other than the language used by
the court from which the appeal is preferred:
Provided that the Minister in charge of the subject of Justice may, with
the concurrence of the Cabinet of Ministers direct that the record of
any court shall also be maintained and the proceedings conducted in a
national language other than the language of the court.
Initiating proceedings in Courts.
40. Any party or applicant or any person legally entitled to represent
such party or applicant may initiate proceedings and submit to court
pleadings and other documents, and participate in the proceedings in
court in Sinhala, Tamil or English.
Providing interpretations and translations in proceedings.
41. Any judge, juror, party or applicant or any person legally entitled
to represent such party or applicant, who is now conversant with the
language used in a court shall be entitled to provided by the State with
interpretation and to translation into Sinhala, Tamil or English, to
enable him to understand and participate in the proceedings before such
court, and shall also be entitled to obtain in such language any such
part of the record or a translation thereof, as the case may be, as he
may be entitled to obtain according to law.
Permitting the use of English.
42. The Minister in charge of the subject of Justice may, with the
concurrence of the Cabinet of Ministers, issue directions permitting the
use of English in or in relation to the records and proceedings in any
court for all purposes or for such purposes as may be specified therein.
Every judge shall be bound to implement such directions:
Provided that every judge may at the request of the parties to any
proceedings use English in relation to the records and proceedings where
the use of such language would facilitate the expeditious conclusion of
such proceedings.
Medium of instruction.
43. A person shall be entitled to be educated through the medium of
either Sinhala or Tamil and if facilities are available, through the
medium of English.
Right to education in any national language.
44. A person shall be entitled to be instructed in any course,
department or faculty of any university in any national language of his
choosing if instruction in such language at such University is
reasonably practicable.
Use of one national language where medium of instruction is another
national language.
45. Where one national language is a medium of instruction for or in any
course, department or faculty of any University directly or indirectly
financed by the State, the other national languages shall also be made
media of instruction for or in such course, department or faculty for
students who prior to their admission to such University, were educated
through the medium of such other national language:
Provided that compliance with the preceding provisions of this paragraph
shall not be obligatory if such other national language is the medium of
instruction for or in any like course, department or faculty either at
any other campus or branch of such University or of any other like
University.
Facilities for the use of languages.
46. The State shall provide adequate facilities for the use of the
languages provided for in this Chapter.
This Chapter to prevail in the event of inconsistency.
47. In the event of any inconsistency between the provisions of any law
and the provisions of this Chapter, the provisions of this Chapter shall
prevail.
Interpretation.
48. In this Chapter -
``court'' means any court or tribunal created and established for the
administration of justice including the adjudication and settlement of
industrial and other disputes or any other tribunal or institution
exercising judicial or quasi-judicial functions or any tribunal or
institution created and established for the conciliation and settlement
of disputes:
``judge'' includes the President, Chairman, presiding officer and a
member of any court;
``official'' means the President, any Minister, Deputy Minister,
Governor, Chief Minister or Minister of the Board of Ministers of a
region, or any officer of a public institution, local authority or
Regional Council;
``public institution'' means a department or institution of the
government, a public corporation or statutory institution;
``record'' includes pleadings, judgements, orders and other judicial and
ministerial acts; and
``university'' includes any institution of higher education.
Citizenship
Citizenship of Sri Lanka
49. (1) There shall be one status of citizenship known as "the status of
a citizen of Sri Lanka."
(2) A citizen of Sri Lanka shall for all purposes be described only as a
"citizen of Sri Lanka", whether such person became entitled to
citizenship by descent or by virtue of registration in accordance with
the law relating to citizenship or by the operation of any law.
(3) No distinction shall be drawn between citizens of Sri Lanka for any
purpose by reference to the mode of acquisition of such status, as to
whether acquired by descent or by virtue of registration or by the
operation of any law.
(4) No citizen of Sri Lanka shall be deprived of his status of a citizen
of Sri Lanka, except under and by virtue of the provisions of sections
19, 20, 21 and 22 of the Citizenship Act:
Provided that the provisions of sections 23 and 24 of that Act shall
also be applicable to a person who became entitled to the status of a
citizen of Sri Lanka by virtue of registration under the provisions of
section 11, 12 or 13 of that Act.
(5) Every person who immediately prior to the commencement of the
Constitution was a citizen of Sri Lanka, whether by descent or by virtue
of registration in accordance with any law relating to citizenship or by
the operation of any law, shall be entitled to the status and to the
rights of a citizen of Sri Lanka as provided in the preceding provisions
of this Article.
(6) The provisions of all existing written law relating to citizenship
and all other existing written laws wherein reference is made to
citizenship shall be read subject to the preceding provisions of this
article.
Directive Principles of State Policy and
Fundamental Duties
Directive Principles of State Policy
50. The following principles shall guide the state in making laws and
the governance of Sri Lanka-
(a) The State shall strengthen national unity recognising the plural and
multi-ethnic character of Sri Lankan society and by promoting co-
operation and mutual trust, confidence and understanding among all
sections of the people of Sri Lanka.
(b) The State shall assist the development of the cultures and languages
of the people.
(c) The State shall safeguard and strengthen the democratic structure of
government and the democratic rights of the people.
(d) The State shall establish a just, equitable and moral social order
the objectives of which include-
(i) The full realisation of the fundamental rights and freedoms of all
persons,
(ii) Securing and protecting effectively a social order in which social,
economic and political justice shall inform all institutions of national
life;
(iii) The elimination of economic and social privileges, disparity and
exploitation;
(iv) The equitable distribution of the material resources of the
community and the social product;
(v) The realisation of an adequate standard of living for all citizens
and their families including adequate food, clothing, housing and
medical care;
(vi) Ensuring social security and welfare;
(vii) Raising the moral, cultural and educational standards of the
people and facilitating the full development of the human personality;
(viii) The creation of the necessary economic and social environment to
enable people of all religious faiths to make a living reality of their
religious principles.
(e) The State shall develop the whole country by means of appropriate
public and private economic activity.
(f) The State shall protect and preserve and improve the environment and
safeguard the reefs, shores, forests, lakes, watercourses and wildlife
of Sri Lanka.
(g) The State shall protect and preserve every monument or place or
object of artistic or historic interest declared by or under law to be
of national importance.
(h) The State shall promote international peace, security and co-
operation, and the establishment of a just and equitable international
economic and social order, and shall respect, and foster respect for,
international law and treaty obligations in dealings with and among
nations.
(i) The State shall strengthen, respect and foster respect for,
international instruments relating to human rights and humanitarian law
to which Sri Lanka is a signatory.
Fundamental duties
51. It shall be the duty of every citizen to-
(a) uphold and protect the sovereignty, unity and integrity of Sri
Lanka;
(b) uphold and defend the Constitution and its ideals and institutions;
(c) foster national unity and promote harmony amongst all the people of
Sri Lanka;
(d) respect the rights and freedoms of others;
(e) value and preserve the rich heritage of our composite culture;
(f) protect and improve the environment and conserve its riches;
(g) safeguard and preserve artistic or historical objects and places of
national importance;
(h) safeguard and protect public property and combat its waste or
misuse;
(i) refrain from directly or indirectly participating in bribery or
corruption;
(j) uphold the rule of law and abjure violence;
(k) work conscientiously in a person's chosen occupation.
Principles of State Policy and Fundamental duties not justifiable.
52. (1) The provisions of this Chapter do not confer or impose legal
rights or obligations, and are not enforceable in any court or tribunal.
No question of inconsistency with such provisions shall be raised in any
court or tribunal.
(2) In this Chapter, the expression "State" includes a regional
administration and a Regional Council.
The Central Executive - The President of the Republic
President of the Republic.
53. There shall be a President of the Republic of Sri Lanka, who is the
Head of the State, and the Commander-in-Chief of the Armed Forces.
Election of President
54. (1) Subject to the provisions of the Constitution, any citizen who
is qualified as an elector may be elected by Parliament to the office of
President of the Republic of Sri Lanka, in accordance with the
provisions of paragraph (3) of this Article and with such procedure as
may be provided for by law or standing orders, and by at least two-
thirds of the whole number of Members of Parliament (including those not
present) voting in his favour; and the person so elected shall assume
office as President of the Republic of Sri Lanka upon his taking the
following oath or making the following affirmation before the Chief
Justice or, in the absence of the Chief Justice, any other Judge of the
Supreme Court:
"I ....... do solemnly declare and affirm/swear that I will be faithful
and bear true allegiance to the Republic of Sri Lanka, that I will
uphold the Constitution of Sri Lanka and shall faithfully perform the
duties and functions of the office of President of the Republic of Sri
Lanka in accordance with the Constitution and with the law."
(2) Upon the assumption of office, the President shall cease to hold any
other office created or recognised by the Constitution and if he is a
Member of Parliament or a Regional Council shall vacate his seat in
Parliament or Regional Council, as the case may be. The President shall
not hold any other office or place of profit whatsoever.
(3) The election of the President shall, whenever such election is
contested, be according to the principle of the single transferable vote
and Parliament shall by law or Standing Orders provide for all matters
relating to the procedure for the election of the President by
Parliament and all other matters necessary or incidental thereto.
Powers of President.
55. In addition to the powers and functions expressly conferred on or
assigned to him by the Constitution or by any written law, the President
shall have the power -
(a) to make the statement of government policy in Parliament at the
commencement of each session of Parliament;
(b) to preside at ceremonial sittings of Parliament;
(c) to summon, prorogue and dissolve Parliament;
(d) to appoint the Prime Minister, the other Ministers of the Cabinet
and Deputy Ministers, and Governors of Regions;
(e) to receive and recognise, appoint and accredit Ambassadors, High
Commissioners, Plenipotentiaries and other diplomatic agents;
(f) to keep the Public Seal of the Republic, and to make and execute
under the Public Seal, the Acts of Appointment of the Prime Minister and
other Ministers of the Cabinet of Ministers, the Governors of Regions,
the Chief Justice and other Judges of the Supreme Court, the Court of
Appeal and the Regional High Court, such grants and dispositions of
lands and immovable property vested in the Republic as heirs by law
required or empowered to do, and to use the Public Seal for sealing all
things whatsoever that shall pass that Seal;
(g) to declare war and peace;
(h) to appoint as President's Counsel, Attorneys-at-Law who have reached
eminence in the profession and have maintained high standards of conduct
and professional rectitude;
(i) to declare a state of emergency within a Region and to dissolve a
Regional Council, in accordance with the provisions of the Constitution;
and
(j) to do all such acts and things, not being inconsistent with the
provision of the Constitution or written law as by international law,
custom or usage he is required or authorised to do.
Grant of Pardon
56. (1) The President may in the case of any offender, convicted of any
offence in any Court within the Republic of Sri Lanka -
(a) grant a pardon either free or subject to lawful conditions;
(b) grant any respite, either indefinite or for such period as the
President may think fit, of the execution of any sentence passed on such
offender;
(c) substitute a less severe form of punishment, for any punishment
imposed on any such offender;
(d) remit the whole or any part of any punishment imposed, or of any
penalty or forfeiture otherwise due to the Republic, on account of such
offence:
Provided that where any offender shall have been condemned to suffer
death by the sentence of any Court, the President shall cause a report
to be made to him by the Judge who tried the case and shall forward such
report to the Attorney-General with instructions that after the
Attorney-General has advised thereon, the report shall be sent together
with the Attorney-General's advice to the Minister in charge of the
subject of Justice, who shall forward the report with his recommendation
to the President.
(2) The President may in the case of any person who is or has becomes
subject to any disqualification specified in any law relating to the
election of members of Parliament -
(a) grant a pardon, either free or subject to lawful conditions; or
(b) reduce the period of such disqualification.
Immunity of President from suit
57. While any person holds office as President, no proceedings shall be
instituted or continued against him in any court or tribunal in respect
of anything done or omitted to be done by him in his official capacity.
Salary Allowances and Pension of the President
58. (1) Parliament shall by resolution determine the salary, allowances
and pension entitlement of the holders of the office of President. Such
pension shall be in addition to any other pension to which such person
is entitled by virtue of any prior service.
(2) The salary, allowances and pension of the President shall be charged
on the Consolidated Fund.
(3) Parliament may by resolution increase, but shall not reduce, the
salary, allowances or pension entitlement of the holder of the office of
President.
Term of office and vacation of office by President
59. (1) Subject to the provisions of paragraph (2) of this Aarticle, the
President shall hold office for period of five years:
Provided that, notwithstanding the expiration of this period, the
President shall remain in office until the next President assumes
office.
(2) No person who has been twice elected to the Office of President by
Parliament shall be qualified thereafter to be elected to such office by
Parliament.
(3) The Office of President of the Republic of Sri Lanka shall become
vacant -
(a) upon the death of the President; or
(b) on the President resigning his office by a writing addressed to the
Speaker; or
(c) on a unanimous decision by a committee consisting of the Speaker,
Prime Minister and Leader of the Opposition that the President is
permanently incapable of discharging the functions of his office by
reason of mental or physical infirmity; or
(d) on Parliament passing by at least two-thirds of the whole number of
members of Parliament (including those not present) voting in its favour
a resolution of no-confidence against the President, introduced by any
Member by a written notice, addressed to the Speaker and signed by such
Member and by at least half the total number of members of Parliament.
President to act on the advice of the Prime Minister
60. (1) The President shall always, except on the appointment of the
Prime Minister and as otherwise required by the Constitution, act on the
advice of the Prime Minister, or of such other Minister to whom the
Prime Minister may have given authority to advise the President on any
particular function assigned to that Minister.
(2) No institution administering justice and likewise no other
institution, person or authority shall have the power or jurisdiction to
inquire into, pronounce upon or in any manner call in question any act
or omission on the part of the President on the ground that the
provisions of paragraph (1) of this Article have not been complied with.
Temporary vacation of office of President
61. (1) Whenever the President is prevented by illness or any other
cause from performing the duties of his office, or is absent from Sri
Lanka, or during any period in which the office of President of the
Republic of Sri Lanka is otherwise vacant, the Chief Jusutice shall act
in the office of the President of the Republic of Sri Lanka unless
another person is elected by Parliament to act in such office; such
person shall, before assuming office, take the oath in the form and
manner prescribed in Article 54.
(2) Any person acting in the office of the President of the Republic of
Sri Lanka shall not continue to act after the President or some other
person having a prior right to act in such office has notified that he
has assumed or is about to assume or resume such office.
(3) The provisions of the Constitution relating to the President shall
apply, in so far as they can be applied to an acting President.
The Central Executive -
The President and the Cabinet of Ministers
Responsibility of the President
62. The President shall be responsible to Parliament for the due
execution and performance of the powers and functions of his office
under the Constitution and under any other law, including the law for
the time being relating to public security.
Cabinet of Ministers
63. (1) There shall be a Cabinet of Ministers charged with the direction
and control of the matters for which they are responsible and shall be
collectively responsible to Parliament on all such matters.
(2) Of the Ministers, one who shall be the Head of the Cabinet of
Ministers shall be the Prime Minister. The President shall appoint as
Prime Minister the Member of Parliament who, in the President's opinion,
is most likely to command the confidence of Parliament and such member
shall assume office as Prime Minister upon taking the following oath or
making the following affirmation:-
"I,.........................,do solemnly declare and affirm/swear that I
will be faithful and bear true allegiance to the Republic of Sri Lanka
and that I will uphold the Constitution of Sri Lanka and shall
faithfully perform the duties and functions of the Office of Prime
Minister in accordance with the Constitution and with the law.
Appointment of a Prime Minister on the death or resignation of a Prime
Minister.
64. Subject to the provisions of Article 63, upon the death or the
resignation of the Prime Minister, or where the Prime Minister is deemed
to have resigned, the President shall appoint a Prime Minister, who
shall assume office as Prime Minister upon taking the oath or making the
affirmation as referred to in Article 63.
Ministers of Cabinet and their subjects and functions.
65. (1) The Prime Minister shall determine the number of Ministers and
Ministries and the assignment of subjects and functions to Ministers.
(2) The President shall, on the advice of the Prime Minister, appoint
from among the members of Parliament Ministers to be in charge of the
Ministries so determined.
(3) The Prime Minister may at any time change the assignment of subjects
and functions and recommend to the President changes in the composition
of the Cabinet of Ministers. Such changes shall not affect the
continuity of the Cabinet of Ministers, including the continuity of its
responsibility to Parliament.
Deputy Ministers
66. (1) The President may, on the advice of the Prime Minister, appoint
from among the Members of Parliament, Deputy Ministers to assist the
Ministers in the performance of their duties pertaining to Parliament
and to their departments and to exercise and perform such powers and
duties of the Ministers under written law as may be delegated to such
Deputy Ministers under paragraph (2) of this Article.
(2) A Minister may, by notification published in the Gazette, delegate
to his Deputy Minister any of the powers or duties conferred or imposed
on the Minister by any written law, and it shall be lawful for the
Deputy Minister to exercise or perform any power or duty delegated to
him under this paragraph notwithstanding anything to the contrary in the
written law by which that power or duty is conferred or imposed on the
Minister.
Tenure of office of the Ministers and Deputy Ministers.
67. A Minister or a Deputy Minister shall continue to hold office
throughout the period during which the Cabinet of Ministers continues to
function under the provisions of the Constitution unless he -
(a) is removed by a writing under the hand of the President or
(b) resigns his office by a writing under his hand addressed to the
President; or
(c) save in the circumstances set out in Article 68 ceases to be a
Member of Parliament.
Cabinet of Ministers after dissolution of Parliament.
68. The Cabinet of Ministers functioning immediately prior to the
dissolution of Parliament shall, notwithstanding such dissolution,
continue to function during the period intervening between dissolution
and the conclusion of the General Election.
Dissolution of the Cabinet of Ministers.
69. (1) On the death or resignation of the Prime Minister or when the
Prime Minister is deemed to have resigned, the Cabinet of Ministers
shall stand dissolved and the other Ministers shall cease to hold
office.
(2) The provisions of paragraph (1) of this Article shall not operate if
the death or resignation of the Prime Minister occurs in the period
referred to in Article 68 and in that event, the Cabinet of Ministers
shall continue to function with the other Ministers as its members until
the expiration of that period. The President shall appoint one from
among such Ministers to be the Prime Minister.
(3) If on the death or resignation of the Prime Minister in the period
referred to in Article 68 there is no other Minister, the President
shall exercise and perform the powers and functions of the Cabinet of
Ministers functioning under Article 68 until the conclusion of the
General Election.
Resignation of the Prime Minister.
70. The Prime Minister shall be deemed to have resigned.
(a) at the conclusion of a General Election or
(b) if Parliament rejects the Appropriation Bill or the Statement of
Government Policy or Parliament passes a vote of no-confidence in the
Government.
Acting Ministers and Acting Deputy Ministers.
71. Whenever a Minister or a Deputy Minister is unable to perform the
functions of his office, the President may appoint any Member of
Parliament to act in place of such Ministers or Deputy Minister.
Secretary to the Cabinet of Ministers.
72. There shall be a Secretary to the Cabinet of Ministers who shall be
appointed by the President. The Secretary shall, subject to the
directions of the Prime Minister, have charge of the office of the
Cabinet of Ministers, and shall discharge and perform such other duties
and functions as may be assigned to him by the Prime Minister or the
Cabinet of Ministers.
Secretaries to Ministries.
73. (1) There shall be for each Ministry a Secretary who shall be
appointed by the President.
(2) The Secretary to a Ministry shall, subject to the direction and
control of his Minister, exercise supervision over the departments of
Government or other institutions in the charge of his Minister.
(3) For the purpose of this Article the Office of the Secretary General
of Parliament, the Elections Commissioner, the Elections Commission, the
Department of the Auditor-General, the Office of the Secretary to the
Cabinet of Ministers, the office of the Parliamentary Commissioner for
Administration (Ombudsman) and the Office of the Commission to
Investigate Allegations of Bribery or Corruption shall be deemed not to
be departments of Government.
(4) The President may transfer any Secretary to a Ministry to any other
post in the Public Service.
Official Oath.
74. No person appointed to any office referred to in this Chapter shall
enter upon the duties of his office unless he takes or makes the special
oath or affirmation prescribed for his office or where no such oath or
affirmation is prescribed, the oath or affirmation set out in Schedule
The Central Legislature - Parliament
Parliament.
75. (1) There shall be a Parliament which shall consist of 196 members
elected by the electors of the several electoral districts constituted
in accordance with the provisions of the Constitution, and 29 members
elected in accordance with Article 112.
(2) Unless parliament is sooner dissolved, every Parliament shall
continue for six years from the date appointed for its first meeting and
no longer, and the expiry of the said period of six years shall operate
a dissolution of Parliament.
Official Oath.
76. Except for the purpose of electing the Speaker, no Member shall sit
or vote in Parliament until he has taken and subscribed the following
oath, or made and subscribed the following affirmation, before
Parliament;-
``I . . . . . do solemnly declare and affirm-swear that I will uphold
and defend the Constitution of the Republic of Sri Lanka.''
Speaker, Deputy Speaker and Deputy Chairman of Committees.
77. (1) Parliament shall, at its first meeting after a General Election,
elect three Members to be respectively the Speaker, the Deputy Speaker
and Chairman of Committees (hereinafter referred to as the ``Deputy
Speaker'') and the Deputy Chairman of Committees thereof.
(2) A Member holding office as the Speaker or the Deputy Speaker or the
Deputy Chairman of Committees shall vacate such office -
(a) if he ceases, save upon a dissolution of Parliament, to be a Member
of Parliament; or
(b) if he resigns his office by writing under his hand addressed to the
President.
(3) Whenever the office of Speaker, Deputy Speaker or Deputy Chairman of
Committees becomes vacant, Parliament shall at its first meeting after
the occurrence of the vacancy, elect another Member to be the Speaker,
the Deputy Speaker or the Deputy Chairman of Committees, as the case may
be.
(4) The members holding office respectively as Speaker, Deputy Speaker
and Deputy Chairman of Committees immediately prior to the dissolution
of Parliament shall, unless they vacate office earlier and
notwithstanding such dissolution, continue to hold such office until the
conclusion of the General Election.
(5) The Speaker, or in his absence the Deputy Speaker, or in their
absence the Deputy Chairman of Committees, shall preside at sittings of
Parliament. If none of them is present, a Member elected by Parliament
for the sitting shall preside at that sitting of Parliament.
Secretary -General of Parliament.
78. (1) There shall be a Secretary -General of Parliament who shall be
appointed by the President and who shall hold office during good
behaviour.
(2) The salary of the Secretary -General shall be determined by
Parliament, shall be charged on the Consolidated Fund and shall not be
diminished during his term of office.
(3) The members of the staff of the Secretary -General shall be appointed
by him with the approval of the Speaker.
(4) The salaries of the members of the staff of the Secretary- General
shall be charged on the Consolidated Fund.
(5) The office of the Secretary -General shall become vacant -
(a) upon his death;
(b) on his resignation in writing addressed to the President;
(c) on his attaining the age of sixty years, unless Parliament otherwise
provides by law;
(d) on his removal by the President on account of ill health or physical
or mental infirmity; or
(e) on his removal by the President upon an address of Parliament.
(6) Whenever the Secretary -General is unable to discharge the functions
of his office, the President may appoint a person to act in the place of
the Secretary -General.
Vacation of seats.
79. The seat of a Member shall become vacant -
(a) upon his death;
(b) if, by a writing under his hand addressed to the Secretary- General
of Parliament, he resigns his seat;
(c) upon his assuming the office of President consequent to his election
to such office, by Parliament;
(d) if he becomes subject to any disqualification specified in Article
101 and 102;
(e) if he becomes a member of the Public Service or a Regional Public
Service or an employee of a public corporation or, being a member of the
Public Service or a Regional Public Service or an employee of a public
corporation, does not cease to be member of such service or an employee
of such corporation, before he sits in Parliament;
(f) if, without the leave of Parliament first obtained, he absents
himself from the sittings of Parliament during a continuous period of
three months;
(g) if his election as a Member is declared void under the law in force
for the time being;
(h) upon the dissolution of Parliament; or
(i) upon a resolution for his expulsion being passed in terms of Article
93.
Privileges and Powers of Parliament and its members.
80. The privileges, immunities and powers of Parliament and of its
members may be determined and regulated by Parliament by law, and until
so determined and regulated, the provisions of the Parliament (Powers
and Privileges) Act, shall, mutatis mutandis, apply.
Remuneration and allowances of Members.
81. Ministers, Deputy Ministers and Members, including the Speaker, the
Deputy Speaker and the Deputy Chairman of Committees, shall be paid such
remuneration or allowance as may be provided by Parliament, by law or by
resolution, and the receipt thereof shall not disqualify the recipient
from sitting or voting in Parliament.
Power to act notwithstanding vacancies
82. Parliament shall have power to act notwithstanding any vacancy in
its membership, and its proceedings shall be valid notwithstanding that
it is discovered subsequently that a person who was not entitled so to
do sat or voted or otherwise took part in the proceedings.
The Central Legislature - Parliament - Procedure and Powers
Sessions of Parliament
83. (1) The President may, from time to time, by Proclamation summon,
prorogue and dissolve Parliament.
(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 prorogues, 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 75 the President shall forthwith by
Proclamation fix a date or dates for the election of Members of
Parliament, and shall summon the new Parliament to meet on a date not
later than three months after the date of such Proclamation.
(c) The date fixed for the first meeting of Parliament by a Proclamation
under sub-paragraph (a) or sub-paragraph (b) may be varied by a
subsequent proclamation, provided that the date so fixed by the
subsequent Proclamation shall be a date not later than three months
after the date of the original Proclamation.
(6) 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.
Adjournment
84. Parliament may adjourn from time to time as it may determine by
resolution or Standing Order, until it is prorogued or dissolved.
Voting
85. (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.
Quorum
86. 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.
Standing Orders
87. (1) Subject to the provisions of the Constitution, Parliament may by
resolution or Standing Order provide for -
(i) the election and retirement of the Speaker, the Deputy Speaker and
the Deputy Chairman of Committees, and
(ii) the regulation of its business, the preservation of order of at its
sittings and any other matter for which provision is required or
authorised to be so made by the Constitution.
(2) Until Parliament otherwise provides by law or by resolution, the
Standing Orders of Parliament, in force immediately prior to the
commencement of the Constitution, shall, mutatis mutandis, be the
Standing Orders of Parliament.
Legislative Power
88. Notwithstanding anything in this Constitution, Parliament shall have
power to make law, 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
Publication and Passing of Bills
89. (1) Every Bill shall be published in the Gazette at least fourteen
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.
Certificate of Speaker
90. The Speakers 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 94 or Article
95 or Article 96 or Article 164(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 95, 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.
When Bill becomes law
91. (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 such Bill or such provision shall become law upon being
approved by the People at a Referendum in accordance with paragraph (2)
of Article 97 only when the President certifies that the Bill or
provision thereof has been so approved. The President shall endorse on
every Bill so approved a certificate in the following form:
``This Bill/provision has been 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.
Validity of Acts not to be questioned
92. Subject to the provisions of Article 165, 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 or of any provision contained therein on any ground whatsoever.
Imposition of Civic disability
93. (1) Where a Special Presidential Commission of Inquiry established
under the Special Presidential Commission of Inquiry Law 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 provision of this Article a certificate in the
following form:
``This resolution has been duly passed by Parliament in accordance with
the provisions of Article 93 of the Constitution''.
Every such certificate shall be conclusive for all purposes and shall
not be questioned in any court, and no court or tribunal shall inquire
into, or pronounce upon or in any manner call in question, the validity
of such resolution on any ground whatsoever.
(4) In this Article, ``District Court'' means a District Court created
and established by existing law and includes a court that may be created
by Parliament to exercise and perform powers and functions corresponding
or substantially similar to the powers and functions exercised and
performed by the District Court.
The Central Legislature - Amendment of the Constitution
Amendment or repeal of the Constitution must be express.
94. (1) No bill for the amendment of any provision of the Constitution
shall be placed on the Order Paper of Parliament unless the provision to
be repealed, altered or added, and consequential amendments, if any, are
expressly specified in the Bail and is described in the long title
thereto as being an Act for the amendment of the Constitution.
(2) No Bill for the repeal of the Constitution shall be placed on the
Order Paper of Parliament unless the Bill contains provisions replacing
the Constitution and is described in the long title thereof as being an
Act for the repeal and replacement of the Constitution.
(3) If in the opinion of the Speaker, a Bill does not comply with the
requirements of paragraph (1) or paragraph (2) of this Article, he shall
direct that such bill be not proceeded with unless it is amended so as
to comply with those requirements.
(4) Notwithstanding anything in the preceding provisions of this
Article, it shall be lawful for a Bill which complies with the
requirements of paragraph (1) for paragraph (2) of this Article to be
amended by Parliament provided that the Bill as so amended shall comply
with those requirements.
(5) A Bill for the amendment of any provision of the Constitution or for
the repeal and replacement of the Constitution shall become law if the
number of votes cast in favour thereof amounts to not less than two
thirds of the whole number of Members (including those not present) and
upon a certificate by the President or Speaker, as the case may be,
being endorsed thereon in accordance with the provisions of Article 90,
or 91.
(6) No provision in any law shall, or shall be deemed to, amend, repeal
or replace the Constitution or any provision thereof, or be so
interpreted or construed, unless enacted in accordance with the
requirements of the preceding provisions of this Article.
(7) In this Chapter, ``amendment'' includes repeal, alteration and
addition.
Approval of certain Bills at a referendum.
95. Notwithstanding anything to the contrary in the provisions of
Article 94 -
(a) a Bill for the amendment or the repeal and replacement of or which
is inconsistent with any of the provisions of Articles 1, 2, 3, 4, 5, 6,
7, 8, 9 and 15 or this Article; and
(b) a Bill for the amendment or for the repeal and replacement of or
which is inconsistent with the provisions of paragraph (2) of Article 75
which would extend the duration of Parliament to over six years,
shall become law if the number of votes cast in favour thereof, amounts
to not less than two-thirds of the whole number of Members (including
those not present) is approved by the People at a Referendum and a
certificate endorsed thereon by the President in accordance with Article
91.
Bills inconsistent to the Constitution.
96. (1) A Bill which is not for the amendment of any provision of the
Constitution or for the repeal and replacement of the Constitution, but
which is inconsistent with any provision of the Constitution may be
placed on the Order Paper of Parliament without complying with the
requirements of paragraphs (1) or paragraph (2) of Article 94.
(2) Where the Cabinet of Ministers has certified that a Bill is intended
to be passed by the special majority required by this Article or where
the Supreme Court has determined that a Bill requires to be passed by
such special majority, such Bill shall become law only if the number of
votes cast in favour thereof amounts to not less than two- thirds of the
whole number of Members (including those not present) and a certificate
by the President and the Speaker, as the case may be, is endorsed
thereon in accordance in the case provisions of Article 90 or Article
91.
(3) Such a Bill when enacted into law shall not, and shall not be deemed
to, amend, repeal or replace the Constitution or any provision thereof,
and shall not be so interpreted or construed, and may thereafter be
repealed by a majority of the votes of the Members present and voting.
Referendum
Submission of Bills to People by Referendum.
97. (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 at a
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) Any Bill or any provision in any Bill submitted to the people at a
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 by the People only if
approved by not less than one third of the whole number of such
electors.
Submission of matters of national importance to people by referendum.
98. The President may, subject to the provisions of Article 97, submit
to the People at a Referendum any matter which in the opinion of the
President is of national importance.
Parliament to provide for procedure.
99. (1) Every Referendum shall be conducted by the Elections Commission
and the Commissioner of Elections 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.
Franchise and the Elections
Right to be an elector.
100. Every person shall, unless disqualified as hereinafter provided, be
qualified to be an elector at the election of Members of Parliament and
of Members of a Regional Council and 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.
101. No person shall be qualified to be an elector at an election of
Members of Parliament or Members of a Regional Council or to vote at any
Referendum if he is subject to any of the following disqualification,
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 114; or
(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 66 or 76 of the Parliamentary Elections Act, No. 1 of
1981, or of such offence under the law for the time being relating
to Referenda or the election of the President, or of Members of
Parliament or of Members of Provincial Councils or Regional
Councils, 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 Parliamentary Elections Act, No. 1 of
1981, or of such offence under the law for the time being relating
to Referenda or the election of the President or of Members of
Parliament or of Members of Provincial Councils or Regional
Councils, 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 Parliamentary
Elections Act, No. 1 of 1981 of 1981, or under any law for the time
being relating to Referenda, or of Members of Parliament or of
members of Provincial Councils or Regional Councils'
(iv) the last of the dates, if any, of his being convicted or being
found guilty of bribery under the provisions of the Bribery Act or
of any future act 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 an 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 the Parliamentary
Elections Act, No. 1 of 1981, or of such offence under the law for
the time being relating to Referenda, or of Members of Parliament or
of members of Provincial Councils or Regional Councils 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 Parliamentary
Elections Act, No. 1 of 1981, or under any law for the time being
relating to Referenda, or of Members of Parliament or of members of
Provincial Councils or Regional Councils;
(h) if a resolution for the imposition of civic disability upon him has
been passed in terms of Article 93 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 as are specified in Article 93 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 158 has
not elapsed.
Qualification for election as Member of Parliament.
102. (1) Every person who is qualified to be a elector shall be
qualified to be elected as a member of Parliament unless he is
disqualified under the provisions of paragraph (2).
(2) 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 disqualification
specified in Article 101;
(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
recognised 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,, stands nominated as a candidate for election
for any other electoral district,
(iv) being a member of Parliament, except in the circumstances
referred to in Article 83 (6) or Article* stands nominated as a
candidate for election for any electoral district;
(c) if he is the President of the Republic;
(d) if he is the Governor of a Region;
(e) if he is -
(i) a Judicial Officer;
(ii) the Parliamentary Commissioner for Administration (Ombudsman);
(iii) the Secretary General of Parliament or a member of his staff;
(iv) a member of the National Public Service Commission, or the
Finance Commissioner the National Police Commission or a Regional
Judicial Service Commission or a Regional Public Service Commission
or a Regional Police Commission;
(v) the Commissioner of Elections or a member of the Election
Commission;
(vi) the Auditor General;
(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 creation of that office, not less than the initial of the salary
scales 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 or of any Regional Public
Service, 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;
(f) 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;
(g) if he is an undischarged bankrupt or insolvent, having being
declared bankrupt or insolvent;
(h) 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 judgement as a Member of Parliament or as a member of the
legislature prior to the commencement of the Constitution.
(3) For the purposes of sub paragraph (h) of paragraph (2) 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 organisation
solely for the purpose of his maintenance shall be deemed not to be the
acceptance of a bribe or gratification.
Election to be free equal and secret
103. The voting for the election of the Members of Parliament and of
Members of Regional Councils and at any Referendum shall be free, equal
and by secret ballot.
Commissioner of Elections
104. (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.
Election Commission
105. (1) There shall be an Election Commission consisting of the
Commissioner of Elections and such number of Deputy Commissioners and
Assistant Commissioners as may be determined by Parliament.
(2) The members of the Election Commission shall be appointed by the
President.
(3) The Commissioner of Elections shall be the Chairman of the Election
Commission.
(4) The President may remove a member of the Election Commission other
than its Chairman, on a recommendation made by the Chairman.
(5) A member of the Election Commission other than the Chairman may
resign from the Commission by letter addressed in that behalf to the
President.
Powers duties and functions of Election Commission:
106. The Election Commission shall exercise, perform or discharge all
such powers, duties or functions as may be conferred or imposed on or
assigned to it by the law for the time being in force relating to
election of Members of Parliament and of Members of Regional Councils,
and to Referenda, or by any other written law.
Delimitation Commission
107. (1) Within three months of the commencement of the Constitution the
President shall for the delimitation of electoral districts for the
election of Members of Parliament, 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
108. (1) The Delimitation Commission shall divide Sri Lanka into not
less than twenty and not more than twenty-five electoral districts, and
shall assign names thereto.
(2) Each region of Sri Lanka may itself constitute an electoral district
or may be divided into two or more electoral districts.
(3) Where a region 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 region 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 district),
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.
Proclamation of names & c., of electoral districts.
109. 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 108 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 apportionment among such electoral districts.
110. (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 108.
(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 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
members 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.
(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 109 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.
111. (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 110.
(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 recognised political
party or independent group.
(3) Any recognised 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 appeared in the
electoral register in more than one electoral district.
(5) The recognised political party or independent group which polls the
highest number of votes in any electoral district shall be entitled to
have the candidates nominated by it, who has secured the highest number
of preferences, declared elected.
(6) (a) Every recognised political party and independent group polling
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 numbers 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 highest number of preferences being
declared elected 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 recognised 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 (other than a Member
declared elected under Article 112) becomes vacant as provided in
Article 79 (other than paragraph (g) of that Article) or by virtue of
the preceding provisions of this paragraph the candidate from the
relevant recognised political party or independent group who has secured
the next highest number of preferences shall be declared elected to fill
such vacancy.
In this paragraph, "nomination paper" when used in relation to a
recognised political party or independent group, includes a list
submitted by that recognised political party or independent group under
paragraph (2) of Article 112.
Election of Members of Parliament on the basis of the total number of
votes polled at a General Election
112. (1) After the one hundred and ninety six members referred to in
Article 110 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 recognised 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 110 shall, mutatis mutandis, apply.
(2) 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.
(3) Where a recognised political party or independent group is entitled
to a seat under the apportionment referred to in paragraph (2), the
Commissioner of Elections shall by a notice, require the secretary of
such recognised 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.
(4) 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 111
is commensurate with the national population ratio and request the
Secretary of such recognised 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 their national population ratios.
(5) Where the seat of a Member of Parliament elected under this Article
becomes vacant, as provided for in Article 79 or subparagraph (a) of
paragraph (13) of Article 111, the provisions of Paragraphs (3) and (4)
of this Article shall, mutatis mutandis, apply to the filling of such
vacancy.
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 or Regional Council when
disqualified.
113. Any person who -
(a) having been elected a Member of Parliament or a Member of a Regional
Council but not having been at the time of such election qualified to be
so elected, shall sit or vote in Parliament or such Regional Council, or
(b) shall sit or vote in Parliament or a Regional Council 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.
114. (1) 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 and of
Members of Regional Councils;
(f) the creation of offences relating to such elections and the
punishment therefore;
(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
recognised political party or independent group have been exhausted by
election or otherwise;
(i) the manner of determination of disputed elections and such other
matters as are necessary or incidental to the election of Members of
Parliament and of Members of Regional Councils.
Provided that no such law shall add to the disqualification's specified
in Articles 101 and 102.
(2) Until Parliament by law makes provision for such matters, the
Parliamentary Elections Act. No. 1 of 1981 and the Provincial Councils
Elections Act No. 1 of 1988 as amended from time to time, shall, subject
to the provisions of the Constitution, mutatis mutandis, apply, to the
election of Members of Parliament and to the election of Members of
Regional Councils.
Public Officer or an Officer of a public corporation not to function
during period of election.
115. When a public officer or an officer of a public corporation is a
candidate at any election of Members of Parliament or of Members of a
Regional Council, he 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 of functions of his office.
Constitutional Council
Constitutional Council.
116. (1) There shall be a Constitutional Council which shall consist of
the following:
(a) the Speaker;
(b) the Prime Minister;
(c) the Leader of the Opposition;
(d) the Chairman of the Chief Minister's Conference;
(e) seven Members of Parliament nominated by the Committee of Selection
of Parliament, reflecting as far as practicable the different ethnic and
interest groups;
(f) two retired Judges of the Supreme Court or of the Court of Appeal
nominated by the Speaker.
(2) The Speaker shall be the Chairman of the Constitutional Council.
(3) A member referred to in sub paragraph (e) of paragraph (1) of this
Article shall unless he earlier resigns from office by a letter
addressed to the Chairman of the Committee of Selection or is removed
from office by such Committee or ceases to be a Member of Parliament,
hold office to a period of six years.
Appointment of members of certain Commissions and Public bodies to be on
the recommendation of the Constitutional Council.
117. (1) No person shall be appointed as a member of any of the
commissions and public bodies specified in Schedule A or as a member of
any other public body as Parliament may determine by law, except on the
recommendation of the Constitutional Council.
(2) It shall be the duty of the Constitutional Council to recommend to
the President, persons for appointment as members of the Commissions or
public bodies referred to in Schedule A and in such law whenever the
occasion for such appointment arises, and such recommendations shall
reflect as far as practicable the different ethnic and interest groups.
Appointment to certain offices to be with the approval of the
Constitutional Council.
118. (1) No person shall be appointed to any of the offices specified in
Schedule B or as a member of any other public body as Parliament may
determine by law, except with the approval of the Constitutional
Council.
(2) It shall be the duty of the President to submit for approval to the
Constitutional Council, names of persons for appointment to any of the
offices referred to in Schedule B or such law whenever the occasion for
such appointment arises.
Secretary to the Constitutional Council and procedure at meetings of the
Council.
119. (1) There shall be appointed a Secretary to the Constitutional
Council appointed by the Council.
(2) The Constitutional Council shall meet as often as may be necessary
to perform the duties imposed on such Council by the provisions of this
Chapter and such meetings shall be summoned by the Secretary to the
Constitutional Council.
(3) The Chairman shall preside at all meetings of the Constitutional
Council and in the absence of the Chairman from any meeting of the
Constitutional Council, the Prime Minister shall preside at such
meeting. In the absence of both Chairman and Prime Minister from any
meeting of the Constitutional Council, a member elected by the members
present at such meeting shall preside at such meeting.
(4) The quorum for any meeting of the Constitutional Council shall be
seven.
(5) The Constitutional Council shall endeavour to make every
recommendation or approval it is required to make, by unanimous
decision. In the absence of a unanimous decision, the decision of the
majority shall prevail.
(6) In the event of an equality of votes on any question for decision at
any meeting of the Constitutional Council, the member presiding at such
meeting shall have a casting vote.
(7) Subject to the preceding provisions of this Article, the
Constitutional Council may regulate the procedure in regard to its
meetings and the transaction of business at such meetings.
Other duties and functions of the Constitutional Council.
120. The Constitutional Council shall also perform and discharge such
other duties and functions as are prescribed by this Constitution or by
law.
Schedule A
(a) the Public Service Commission,
(b) the Commission to Investigate Allegations of Bribery or Corruption,
(c) the Official Languages Commission,
(d) the University Grants Commission,
(e) the Election Commission,
(f) the Finance Commission.
Schedule B
(a) the Attorney General,
(b) the heads of the army, navy and air force and the police force,
(c) the Commissioner of Elections,
(d) the Parliamentary Commissioner for Administration (Ombudsman),
(e) the Auditor-General.
The Judiciary - Institutions for the Administration of Justice
Establishment of Courts etc.
145. (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, which shall be the
highest and final Superior Court of record in the Republic;
(b) the Court of Appeal of the Republic of Sri Lanka;
(c) the High Court established for each Region; and
(d) such courts of First Instance, tribunals or institutions as
Parliament may from time to time ordain and establish.
(2) Subject to the provisions of the Constitution, 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, 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, the Court of Appeal, the Regional High Courts and
the courts, tribunals and institutions referred to in this Chapter shall
have and exercise such powers and jurisdiction conferred on such Courts,
Tribunals and Institutions by the Constitution, or subject to the
provisions of the Constitution, by existing law as well as any such
powers and jurisdiction, appellate or original, as Parliament may by law
vest and ordain.
(4) 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
sub-paragraphs (c) and (d) of paragraph (1) of this Article, whether
committed in the presence of such court or elsewhere: Provided that the
preceding provisions of this Article shall not prejudice of affect the
rights now or hereafter vested by any law in such other court, tribunal
or institution to punish for contempt of itself.
(5) 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 bhikkhus or any dispute between
bhikkhus 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 Constitution make provision:
(a) for the appointment, transfer, dismissal and disciplinary control of
the member or members of such courts, tribunals or institutions by
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.
The Supreme Court and the Court of Appeal
Constitution of the Supreme Court.
146. (1) The Supreme Court shall consist of the Chief Justice and not
less than six and not more than ten other judges who shall be appointed
as provided for in Article 149.
(2) The Supreme Court shall have power to act notwithstanding any
vacancy in its membership. No act or proceeding of the court shall, or
shall be deemed to be, invalid by a reason only of any such vacancy or
any defect in appointment of a judge.
(3) The several jurisdictions of the Supreme Court shall be ordinarily
exercised at Colombo, unless the Chief Justice otherwise directs.
(4) 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, ordinarily be exercised at all times by not less than
three judges of the court sitting together as the Supreme Court.
(5) The Chief Justice may, -
(a) of his own motion; or
(b) at the request or two or more judges hearing any matters; or
(c) on the application on 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 of five or more judges of the Supreme Court.
(6) The judgement of the Supreme Court shall, when it is not a unanimous
decision be the decision of the majority.
(7) Any party 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.
(8) 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.
(9) The Registrar of the Supreme Court shall be in charge of an officer
designated the Registrar of the Supreme Court who shall be subjected to
the supervision, direction and control of the Chief Justice.
(10) Subject to the provisions of this Constitution, Parliament may by
law confer any additional jurisdiction and powers on the Supreme Court
and may vary or remove any jurisdiction of power vested in the Supreme
Court by any written law other than by this Constitution.
Rules of the Supreme Court.
147. (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, Court of Appeal, and the Regional High Courts 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, Court of Appeal,
and the Regional High Courts 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 stay of proceedings;
(d) 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;
(e) the preparation of copies of records for the purpose of appeal or
other proceedings in the Supreme Court, Court of Appeal, and the
Regional High Courts;
(f) the admission, enrolment, suspension and removal of attorneys-
at-law and the rules of conduct and etiquette for such attorneys-at-
law;
(g) 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;
(h) the manner in which panels of jurors may be prepared, and the mode
of summoning, empanelling and challenging of jurors;
(i) proceedings of Fiscal and other ministerial officers of such Courts
and the process of such Courts and the mode of executing the same;
(j) the binding effect of the decisions of the Supreme court;
(k) 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, Regional High Courts, 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 thereunder.
(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.
(5) All rules made under Article 136 of the 1978 Constitution and in
force immediately prior to the commencement of the Constitution shall,
mutatis mutandis, be deemed to be rules made and approved under this
Article. The rules relating to the Court of Appeal shall, mutatis
mutandis, apply to the Regional High Courts in the exercise of their
respective appellate, revisionary and writ jurisdictions, and to appeals
from Regional High Courts to the Supreme Court and the Court of Appeal.
(6) For the avoidance of doubts it is hereby declared that in the event
of any inconsistency between a rule made under this Article and the
provision of any law, the provisions of such law shall prevail.
Constitution of the Court of Appeal.
148. (1) The Court of Appeal shall consist of the President of the Court
of Appeal and not less than six and not more than eleven judges who
shall be appointed as provided in Article 149.
(2) 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 region, judicial zone
or district specified in the direction.
(3) 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 -
(a) its jurisdiction in respect of -
(i) judgements and orders of a Regional High Court pronounced at a trial
at Bar, shall be exercised at least three judges of the Court; and
(ii) other judgements and orders of a Regional High Court, shall be
exercised by at least two judges of the Court;
(b) its jurisdiction to try election petitions in respect of the
election to membership of Parliament or a Regional Council, shall be
exercised by the President of the Court of Appeal or any judge of that
court nominated by the President or two or more of such judges nominated
by the President of whom such President may be one;
(c) 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.
(4) In the event of any difference of opinion between two judges
constituting the Bench, the matter shall be considered by a Bench of
three judges.
(5) The judgement of the Court of Appeal shall, when it is not an
unanimous decision, be the decision of the majority.
(6) The Registry of the Court of Appeal shall be in charge of an officer
designated 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.
(7) Subject to the provisions of this Constitution, Parliament may by
law confer any additional jurisdiction and powers on the Court of Appeal
and may vary or remove any jurisdiction or power vested in the Court of
Appeal by any written law other than by this Constitution.
The Independence of the Judiciary
Appointment, resignation and removal of Judges of the Supreme Court and
Court of Appeal.
149. (1) The Chief Justice shall be appointed by the President by
warrant under his hand.
(2) 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 after ascertaining the views of
the Chief Justice.
(3) The Chief Justice and 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 -
(a) 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; and
(b) an inquiry has been held by a Committee consisting of three persons
who hold or have held office as a Judge of the Supreme Court or the
Court of Appeal and appointed by the speaker to inquire into allegations
of misbehaviour or incapacity made against such Judge, and such
Committee has determined that a prima facie case of misbehaviour or
incapacity has been established against such Judge. In the case of an
inquiry in respect of the Chief Justice, the Committee shall consist of
three persons each of whom hold, or have held, office as a Judge in the
highest court of any Commonwealth country.
(4) 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 such resolution, the holding of inquiries
by a Committee of Parliament for the investigation and proof of the
alleged misbehaviour and incapacity and the right of such Judge to
appear before and be heard by such Committee in person or by
representative.
(5) 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 ... Schedule.
(6) A Judge of the Supreme Court or of the Court of Appeal shall be
entitled to hold office until he reaches the age of sixty five years:
Provided however any such judge may opt to retire on completion of such
period of service as would entitle him to the grant of a pension under
the Minute on Pensions or resign his office by a writing under his hand
addressed to the President, prior to reaching such age.
Salaries of Judges of the Supreme Court and the Court of Appeal
150. (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
151. (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, as the
case may be, 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.
152. (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 authorised by the Constitution or by written law or
with the written consent of the President.
(3) No person who had held office as a permanent Judge of the Supreme
Court or of the Court of Appeal may appear, plead, act or practice in
any court, tribunal or institution as an attorney-at-law at any time
after retirement or resignation without the written consent of the
President or accept any place of profit in the public service.
Regional High Court Judges
153. (1) Every Judge of a Regional High Court shall be appointed by the
President of the Republic by warrant under his hand after ascertaining
the views of the Chief Justice, and shall be removable, and be subject
to disciplinary control, by the President on the recommendation of the
National Judicial Service Commission.
(2) Every person appointed as a Judge of a Regional High Court shall not
enter upon the duties of his office until he takes and subscribes, or
makes and subscribes, the oath or affirmation set out in... Schedule.
(3) The Judge of a Regional High Court shall be entitled to hold office
until he reaches the age of sixty five years:
Provided however that any such Judge may opt to retire on completion the
period of service which entitles him for the grant of a pension under
the Minute on Pensions, or resign from his office by writing under his
hand addressed to the President, prior to reaching such age.
(4) A Regional High Court Judge may be transferred by the President on
the recommendation of the Chief Justice.
National Judicial Service Commission
154. (1) There shall be a National Judicial Service Commission (in his
Chapter referred to as the ``Commission'') appointed by the President of
the Republic which shall consist of the Chief Justice who shall be the
chairman and two other Judges of the Supreme Court, appointed by the
President, one of whom shall have been a judicial officer with original
Court experience.
(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, 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 appointed as a member of the Commission shall, unless he
earlier resigns his office or is removed therefrom 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 Commission may -
(a) advise a Regional Judicial Service Commission whenever such Regional
Judicial Service Commission seeks the advice of the Commission on any
matter relating to the exercise by such Regional Judicial Service
Commission of the power conferred on it by this Constitution;
(b) make rules regarding schemes for recruitment and procedure for the
appointment of scheduled public officers;
(c) determine the principles and procedure to be followed by Regional
Judicial Service Commissions in the exercise of the powers of
appointment, transfer, dismissal and disciplinary control of Judicial
Officers and scheduled regional public officers conferred on such
Commissions by the Constitution, including formulation of schemes of
recruitment, and principles to be followed in making promotions and
transfers, relating to such Judicial Officers and scheduled regional
public officers;
(d) determine the principles to be followed by Regional Public Service
Commissions in giving directions to judicial officers as to the proper
and efficient administration of the Courts to which such judicial
officers are appointed;
(e) make 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 National Judicial Service Commission
155. There shall be a Secretary to the Commission who shall be
appointed, for a period not exceeding three years, by the Judicial
Service Commission. The Secretary shall be appointed from among senior
judicial officers appointed by Regional Judicial Service Commissions.
Appointment, transfer, disciplinary control of Judicial Officers and
scheduled Public Officers.
156. (1) The transfer from one Region to another, of judicial officers
appointed by Regional Judicial Service Commissions, and notwithstanding,
anything to the contrary in Chapter XIX, the appointment, transfer,
dismissal and disciplinary control of scheduled public officers, is
vested in the Commission.
(2) The Commission may, by Order published in the Gazette, delegate to
the Secretary to the Commission the power to make all transfers, other
than transfers involving increase of salary, of scheduled public
officers or to make acting appointments in such cases and subject to
such limitations as may be specified in the Order.
(3) The Chairman of the Commission or any Judge of the Supreme Court, or
Court of Appeal authorised 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.
(4) In this Article
``appointment'' includes an acting or temporary appointment;
``scheduled public officer'' means the Registrar of the Supreme Court,
the Registrar of the Court of Appeal, the Fiscal, or any public officer
employed in the Registry of the Supreme Court, or the Court of Appeal,
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 National Judicial Service Commission or Regional
Judicial Service Commission, an offence.
157. Every person who, otherwise than in the course of his duty directly
or indirectly by himself or by any other person, in any manner or
indirectly by himself or by any other person, in any manner whatsoever,
influences or attempt to influence any decision of the Commission or of
any member thereof, or a Regional Judicial Service 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 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
158. (1) Every Judge, presiding officer, public officer or other person
entrusted by law with judicial powers or 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 of
functions or 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 Members of
Parliament or of Members of a Regional Council or any local authority or
from holding any public office and from being employed as a public
officer or as an officer in a regional Public Service.
Immunity of members of Commission
159. No suit or proceedings 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.
Fiscal
160. There shall be a Fiscal who shall be the Fiscal for the whole
Island and shall exercise supervision and control other Deputy Fiscal
attached to all Courts.
The Judiciary -
Jurisdiction of the Supreme Court and
Court of Appeal
The Supreme Court
Jurisdiction of the Supreme Court with respect to Bills
161. 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 95;
(b) where the Cabinet of Ministers certifies that a Bill, which is
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 94 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 a 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 96, 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 95 or whether such
Bill is required to comply with paragraphs (1) and (2) of Article 94; 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 96 the only question which the Supreme Court may
determine is whether any other provisions or such Bill requires to be
passed with the special majority required by Article 96 or whether any
provision of such Bill requires the approval by the People at a
Referendum by virtue of the provisions of Article 95 or whether such
Bill is required to comply with the provisions of paragraph (1) and (2)
of Article 94.
Ordinary exercise of Jurisdiction of Supreme Court with respect to
Bills.
162. (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 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 or,
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,
which ever 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 Jurisdiction of Supreme Court with respect to Bills
163. (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 of Ministers
-
(a) the provisions of Article 89 (1) and Article 162, 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 162 shall, mutatis
mutandis, apply to such Bill.
Determination of Supreme Court in respect of Bills.
164. (1) The determination of the Supreme Court shall be accompanied by
the reasons therefor, and shall state whether the Bill or any provisions
thereof in inconsistent with the Constitution and if so, which provision
or provisions of the Constitution.
(2) Where the Supreme Court determines 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 94, 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 96; 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 96 and approved by the People at a referendum by virtue of the
provisions of Article 95,
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 163, 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 any provision of any Bill has 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.
Power of review of Acts passed after commencement of the Constitution
165. (1) The Supreme Court shall, on its jurisdiction being invoked
under paragraph (2) and subject to the provisions of this Article, have
sole and exclusive jurisdiction to determine whether any Act of
Parliament passed after the commencement of this Constitution or any
provision thereof is inconsistent with any provision of Chapter III of
this Constitution and where it so determines, to declare that Act or
provision void to the extent of that inconsistency, without prejudice to
anything previously done thereunder.
(2) The jurisdiction of the Supreme Court to determine any such question
as aforesaid, may be invoked by any citizen by a petition in writing
addressed to the Supreme Court filed within two years of the enactment
of the Bill by Parliament. 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.
(3) Save as otherwise provided in Article 161, 162, 163 and this
Article, 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.
Jurisdiction of the Supreme Court in respect of statutes of Regional
Councils
166. (1) The Supreme Court shall have sole and exclusive jurisdiction to
determine any question as to whether in Statute passed by a Regional
Council or any provision thereof is inconsistent with the Constitution.
(2) The jurisdiction of the Supreme Court to ordinarily determine any
such question as aforesaid shall be invoked by a Regional Attorney
General by a petition in writing addressed to the Supreme Court, in
every case where such Regional Attorney General has communicated an
opinion to the Governor, the Chief Minister and the Board of Ministers
of the Region, prior to the passing of that Statute, that the draft
statute or any provision thereof is inconsistent with the Constitution,
and the Statute has been passed despite such opinion.
(3) Where the jurisdiction of the Supreme Court has been so invoked in
respect of a Statute, such Statute shall be inoperative until the
Supreme Court has made a determination thereon as to its consistency
with the Constitution.
(4) The Supreme Court shall make and communicate its determination to
the President and to the Speaker of the Regional Council making such
statute.
(5) Whenever any question as to whether a Statute passed by a Regional
Council or any provision thereof is inconsistent with the Constitution
arises in the course of any proceedings in any 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.
(6) Where the Supreme Court determines that a Statute is inconsistent
with any provision of the Constitution it may declare such Statute or
provision thereof void to the extent of such inconsistency.
Constitutional Jurisdiction in respect of the interpretation of the
Constitution.
167. (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 proceedings in any 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 may, when determining such matter, also make any
such consequential Order as the circumstances of the case may require.
Jurisdiction regarding fundamental and language rights.
168. (1) The Supreme Court shall have sole and exclusive jurisdiction to
hear and determine any question relating to the infringement or imminent
infringement by State action including executive or administrative
action, of any fundamental right or language right declared and
recognised by Chapter III or Chapter IV or by judicial action by courts
exercising original criminal jurisdiction, of a fundamental right
declared and recognised under Article 10.
(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 State action including executive or administrative action,
or by judicial action he may himself or by an Attorney-at-law or a
person or a body of persons in terms or Article 26, on his behalf,
within three months 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 an obtained from the Supreme Court, which
leave may be granted or refused as the case may be by not less than two
Judges of such Court.
(3) Where in the course of hearing in any Court, of an application for
orders in the nature of a writ of habeas corpus, Certiorari,
prohibition, 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 circumstances in
respect of any petition or reference referred to in paragraphs (2) or
(3) of this Article or refer the matter back to the Court if, in its
opinion, there is no infringement of a fundamental right or language
right.
Provided that in the case of an infringement of a fundamental right by
judicial action no order for compensation or costs shall be made against
a judicial officer who had acted bona fide and the Supreme Court may
order the State to pay any compensation or costs.
(5) Where at the hearing of a petition or reference referred to in
paragraph (2) or (3) there are any disputed questions of fact, the
Supreme Court may refer such questions to the Human Rights Commission or
other appropriate body or person for inquiry and report.
(6) The Supreme Court shall hear and finally dispose of any petition or
reference under this Article as expeditiously as possible and in any
event, not later than three months of the filing of the petition or the
making of the reference, as the case may be. In computing the period of
three months, any period taken for inquiry and report by the Human
Rights Commission or any other body or person referred to in paragraph
(5) shall be excluded.
Consultative jurisdiction.
169. (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) Every proceeding under paragraph (1) of this Article shall be held
in private unless the Court for special reasons otherwise directs.
Jurisdiction in respect of Validity of Referendum.
170. The Supreme Court shall have to power hear and determine and make
such orders as are provided for by law on any legal proceeding relating
to the validity of a referendum.
Jurisdiction in respect of Parliamentary Privilege.
171. The Supreme Court shall have, according to law, the power to make
cognisance of, and punish, any person for the breach of the privileges
of Parliament.
Appellate Jurisdiction.
172. (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 in any case or by a
Regional High Court in the exercise of its appellate or revisionary
jurisdiction or by or any Court of First Instance, tribunal or other
institution from which a right of appeal direct to the Supreme Court has
been provided by law and the judgements 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 cognisance by way of appeal, where any appeal lies in
law to the Supreme Court, from any order, judgement, decree, or sentence
made by -
(a) the Court of Appeal, or
(b) Regional High Court in the exercise of appellate or revisionary
jurisdiction, and it may affirm, reverse or vary any such order,
judgement, decree or sentence of the Court of Appeal, or a Regional High
Court or of any court of first instance, tribunal or institution where a
right of appeal direct to the Supreme Court has been provided by law,
and may issue such directions to any Court of First Instance, tribunal
or institution 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, a Regional High Court or any Court of First
Instance.
Right of Appeal.
173. (1) An appeal shall lie to the Supreme Court from any final order,
Judgement, decree or sentence of
(a) the Court of Appeal or
(b) a Regional High Court in the exercise of appellate or revisionary
jurisdiction,
In any matter or proceedings, whether civil or criminal, which involves
a substantial question of law, if the Court of Appeal, or the Regional
High Court, as the case may be, 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,
judgement, decree, or sentence made by the Court of Appeal, or by a
Regional High Court in the exercise of its appellate or revisionary
jurisdiction, in any matter or proceedings, whether civil or criminal,
where such Court 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) 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.
In this paragraph, ``law'' includes existing law.
Review of judgements and orders of Supreme Court.
174. The Chief Justice may, on application made within a reasonable
time, by an aggrieved party direct that any judgement pronounced, or
order made, by the Supreme Court be reviewed by a fuller bench of judges
where the question involved relates to the interpretation of the
Constitution and which question had not been considered in such
judgement or order.
Right of the Attorney-General to be heard.
175. 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 161, 162, 163, 165, 166, 167, 168, 169, 170
and 171 of the Constitution.
Supreme Court to give priority to the hearing of certain matters.
176. The Supreme Court shall give priority to the hearing and
determination of any matter in respect of which its jurisdiction under
this Chapter is invoked and shall, subject to any stipulation as to time
specified by Articles 161 to 172 in this Chapter, dispose of such matter
as expeditiously as possible.
The Court of Appeal
Jurisdiction of the Court of Appeal
177. (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
committed by a Regional High Court in the exercise of its original
jurisdiction and by any Court of First Instance, tribunal or other
institution and sole and exclusive cognisance, by way of appeal,
revision and restitutio in integrum, of all causes, suits, actions,
prosecutions, matters and things of which such Court, tribunal or other
institution may have taken cognisance;
Provided that no judgement, 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
178. (1) The Court of Appeal may in the exercise of its jurisdiction
affirm, reverse, correct or modify any order, judgement, decree or
sentence according to law or it may give directions to such Court,
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 such
Court touching the matters at issue in any original case, suit,
prosecution or action, as the justice of the case may require.
Powers to issue writs other than writs of habeas corpus.
179. 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 writs of
certiorari, prohibition, mandamus and quo warranto against the judge of
any Court of First Instance or tribunal or other institution or any
other person;,
Provided that Parliament may by law provide that in such category of
cases as may be specified in such law, the jurisdiction conferred on the
Court of Appeal by this Article shall be exercised by the Supreme Court
and not by the Court of Appeal.
Powers to issue writs of habeas corpus.
180. 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 persons 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.
Powers to bring up and remove prisoners.
181. The Court of Appeal may direct:-
(i) that a prisoner detained in any prison be brought before a
court-martial or 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 purpose of trial.
Power to grant Injunctions
182. 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, defense 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 or 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.
Election petitions:
183. The Court of Appeal shall have and exercise jurisdiction to try
election petitions in respect of the election to the membership of
Parliament or to a Regional Council in terms of any law for the time
being applicable in that behalf.
Inspection of Records:
184. The Court of Appeal may, ex memo motu or on any application made,
call for, inspect and examine any record pertaining to the exercise of
original jurisdiction by a Regional High Court and 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.