Preamble CHAPTER I. THE PEOPLE, THE STATE AND SOVEREIGNTY 1. The State 2. Unitary State 3. Sovereignty of the People 4. Exercise of Sovereignty 5. Territory of the Republic 6. The National Flag 7. The National Anthem 8. The National Day CHAPTER III. FUNDAMENTAL RIGHTS 10. Freedom of thought, conscience and religion 11. Freedom from torture 12. Right to equality 13. Freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation 14. Freedom of speech, assembly, association, occupation, movement etc 14A. Right of access to information 15. Restrictions on fundamental rights 16. Existing written law and unwritten law to continue in force 17. Remedy for the infringement of fundamental rights by executive action CHAPTER IV. LANGUAGE 18. Official Language 19. National Languages 20. Use of National Languages in Parliament, Provincial Councils and Local Authorities 21. Medium of instruction 22. Languages of Administration 23. Language of Legislation 24. Languages of the courts 25. Provision for adequate facilities for use of languages provided for in this Chapter 25A. Provision of any law inconsistent with this Chapter deemed to be repealed CHAPTER V. CITIZENSHIP 26. Citizenship of Sri Lanka CHAPTER VI. DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES 27. Directive Principles of State Policy 28. Fundamental duties 29. Principles of State Policy and fundamental duties not justifiable CHAPTER VII. THE EXECUTIVE – The President of the Republic 30. The President of the Republic 31. The election and the term of office of the President 3A 32. Assumption of office 33. Duties, powers and functions of the President 33A. President to be responsible to Parliament 34. Grant of pardon 35. Immunity of President from suit 36. Salary and Pension 37. Exercise, performance and discharge of powers, duties and functions of the President by the Prime Minister 38. Vacation of office by President 2 39. Determination by the Supreme Court that the President was not duly elected or the election of the President was void 40. Vacation of office by President and election of succeeding President 1 41. President’s staff CHAPTER VIIA. THE CONSTITUTIONAL COUNCIL 41A. Constitution of the Constitutional Council 7 41B. Council to recommend appointments SCHEDULE TO THE ARTICLE 41C. Council to approve appointments SCHEDULE TO THE ARTICLE PART I PART II 41D. Secretary-General and other officers of the Council 41E. Meetings of the Council 41F. Continuation in office of the members of the Council 41G. Powers and duties of the Council 41H. Expenses to be charged on the Consolidated Fund 41I. Finality of decisions of the Council CHAPTER VIII. THE EXECUTIVE – The Cabinet of Ministers 42. Prime Minister and the Cabinet of Ministers 43. Ministers and their subjects and functions 44. Ministers who are not members of the Cabinet of Ministers 45. Deputy Ministers 46. Tenure of office of the Prime Minister, and the limitation of numbers and tenure of office of Ministers and Deputy Ministers 47. Cabinet of Ministers after dissolution of Parliament 48. Dissolution of the Cabinet of Ministers 49. Acting Ministers and Deputy Ministers 50. Secretary to the Cabinet of Ministers 51. Secretary to the Prime Minister 52. Secretaries to Ministries 53. Official oath and affirmation CHAPTER IX. THE EXECUTIVE – The Public Service 54. Public Service Commission 55. Powers and functions of the Cabinet of Ministers and of the Commission 56. Committees of the Commission 57. Delegation of powers to a public officer 58. Right of appeal 59. Administrative Appeals Tribunal 60. Commission not to exercise power where there is delegation 61. Procedure at meetings 61A. Immunity from legal proceedings 61B. Savings of rules and regulations in force 61C. Interference with the Commission 61D. Oath or affirmation of office 61E. Appointments by the President 61F. Interpretation CHAPTER X. THE LEGISLATURE – Parliament 62. Parliament 63. Official oath or affirmation 64. Speaker, Deputy Speaker and Deputy Chairman of Committees 65. Secretary General of Parliament 66. Vacation of seats 67. Privileges, immunities and powers of Parliament and Members 68. Allowances of Members 69. Power of Parliament to act notwithstanding vacancies CHAPTER XI. THE LEGISLATURE – Procedures and Powers 70. Sessions of Parliament 5 71. Adjournment 72. Voting 73. Quorum 74. Standing Orders 75. Legislative power 76. Delegation of legislative power 77. Duties of Attorney-General in regard to published Bills 78. Publication of Bills and passing of Bills and resolutions 79. Certificate of Speaker 80. When Bill becomes law 81. Expulsion of Members and imposition of civic disability CHAPTER XII. THE LEGISLATURE – AMENDMENT OF THE CONSTITUTION 82. Amendment or repeal of the Constitution must be expressed 83. Approval of certain Bills at a Referendum 84. Bills inconsistent with the Constitution CHAPTER XIII. THE REFERENDUM 85. Submission of Bills to People by Referendum 86. Submission of matters of national importance to People by Referendum 87. Parliament to provide for procedure CHAPTER XIV. THE FRANCHISE AND ELECTIONS 88. Right to be an elector 89. Disqualification to be an elector 90. Qualification for election as a Member of Parliament 91. Disqualification for election as a Member of Parliament 92. Disqualification for election as President 93. Election to be free, equal and secret 94. Election of the President 95. Delimitation Commission 96. Electoral Districts 97. Proclamation of Names etc. of Electoral Districts 98. Number of Members to be returned by the several electoral districts and their apportionment among such electoral districts 99. Proportional representation 6 10 13 99A. Election of Members of Parliament on the basis of the total number of votes polled at a General Election 100. Penalty for sitting and voting in Parliament when disqualified 101. Parliament may make provision in respect of elections 102. Public officer or an officer of a public corporation not to function during period of election CHAPTER XIVA. ELECTION COMMISSION 103. Election Commission 104. Meetings of the Commission 2 104A. Finality of decisions and immunity from suit 104B. Powers, functions and duties of the Commission 4 5 104C. Deployment of Police by the Commission 104D. Deployment of Armed Forces 104E. Commissioner-General of Elections and other officers of the Commission 8 104F. Returning Officers 104G. Public officers 104GG. Failure to comply with directions to be an offence 104H. Power of Supreme Court to issue writs 104J. Interpretation CHAPTER XV. THE JUDICIARY 105. Establishment of Courts etc 106. Public sittings Independence of the Judiciary 107. Appointment and removal of Judges of the Supreme Court and Court of Appeal 108. Salaries of Judges of the Supreme Court and Court of Appeal 109. Acting appointments 110. Performance or discharge of other duties or functions by judges 111. Appointment, removal and disciplinary control of Judges of the High Court 111A. Commissioners of the High Court 111B. Fiscal for the whole island 111C. Interference with judiciary an offence CHAPTER XVA. JUDICIAL SERVICE COMMISSION 111D. Constitution of the Judicial Service Commission 111E. Meetings of the Commission 111F. Allowances of members of the Commission 111G. Secretary to the Commission 111H. Powers of the Commission 111J. Judicial officers and scheduled public officers may resign 111K. Immunity from legal proceedings 111L. Interference with the Commission and offence 111M. Interpretation CHAPTER XVI. THE SUPERIOR COURTS The Supreme Court 118. General jurisdiction of Supreme Court 119. Constitution of Supreme Court 120. Constitutional Jurisdiction of the Supreme Court 121. Ordinary exercise of constitutional jurisdiction in respect of Bills 123. Determination of Supreme Court in respect of Bills 124. Validity of Bills and legislative process not to be questioned 125. Constitutional jurisdiction in the interpretation of the Constitution 126. Fundamental rights jurisdiction and its exercise 127. Appellate jurisdiction 128. Right of appeal 129. Consultative jurisdiction 130. Jurisdiction in election and referendum petitions 131. Jurisdiction in respect of the breaches of Parliamentary privileges 132. Sittings of the Supreme Court 133. Appointment of ad hoc Judges 134. Right to be heard by the Supreme Court 135. Registry of the Supreme Court and office of Registrar 136. Rules of the Supreme Court The Court of Appeal 137. The Court of Appeal 138. Jurisdiction of the Court of Appeal 139. Powers in appeal 140. Power to issue writs, other than writs of habeas corpus 141. Power to issue writs of habeas corpus 142. Power to bring up and remove prisoners 143. Power to grant injunctions 144. Parliamentary election petitions 145. Inspection of records 146. Sittings of the Court of Appeal 147. Registry of the Court of Appeal and office of Registrar CHAPTER XVII. FINANCE 148. Control of Parliament over public finance 149. Consolidated Fund 150. Withdrawals of sums from Consolidated Fund 151. Contingencies Fund 152. Special provisions as to Bill affecting public revenue 153. Auditor-General 153A. Constitution of the Audit Service Commission 2 153B. Meeting of the Commission 153C. Powers and Functions of the Commission 153D. Influencing or attempting to influence decision of the Commission or any officer of the Sri Lanka State Audit Service, to be an offence 153E. Immunity from legal proceedings 153F. Costs and expenses 153G. Appeals to the Administrative Appeals Tribunal 153H. Commission to be answerable to Parliament 154. Duties and functions of Auditor-General 4 5 CHAPTER XVIIA 154A. Establishment of Provincial Councils 154B. Governor 4 8 10 154C. Exercise of executive powers by the Governor 154D. Membership of Provincial Council 2 154E. Term of office 154F. Board of Ministers 154G. Statues of Provincial Councils 5 154H. Assent 154J. Public Security 154K. Failure to comply with directions 154L. Failure of administrative machinery 154M. Parliament to confer powers of Provincial Council to President 154N. Financial instability 154P. High Court 154Q. Functions, powers, election etc. of Provincial Councils 154R. Finance Commission 154S. Special provision enabling Provincial Councils not to exercise powers under this Chapter 154T. Transitional measures CHAPTER XVIII. PUBLIC SECURITY 155. Public Security CHAPTER XVIIIA. NATIONAL POLICE COMMISSION 155A. Constitution of the National Police Commission 155B. Meetings of the Commission 155C. Immunity from Legal Proceedings 155D. Secretary to the Commission 155E. Costs and Expenses 155F. Interference with the Commission 155FFF. Commission to make rules 155G. Powers of the Commission 1 155H. Delegation of certain powers of the Commission to a Committee 155J. Delegation of certain functions by the Commission 155K. Right of Appeal 155L. Appeals to Administrative Appeals Tribunal 155M. Saving of existing rules and regulation 155N. Commission answerable to Parliament CHAPTER XIX. THE PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION 156. Parliamentary Commissioner for Administration CHAPTER XIXA. COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR CORRUPTION 156A. Commission to Investigate Bribery or Corruption CHAPTER XIXB. NATIONAL PROCUREMENT COMMISSION 156B. National Procurement Commission 156C. Functions of the Commission 156D. Powers of the Commission 156E. Meetings of the Commission 156F. Staff of the Commission 156G. Expenses of the Commission to be charged on the Consolidation Fund 156H. Interpretation CHAPTER XX. GENERAL 157. International Treaties and Agreements 157A. Prohibition against violation of territorial integrity of Sri Lanka 8 158. Delegation 159. Deputy Speaker to act for Speaker CHAPTER XXI. TRANSITIONAL PROVISIONS 160. First President 161. First Parliament 162. Application of certain provisions 163. Judges of Supreme Court and High Court to cease to hold office 164. Continuation in office of Judges, public officers and others 165. Oath or affirmation to be taken or made by public officers and others 166. Powers, privileges, immunities and rights of the Republic 167. Rights, duties and obligations of the Republic 168. Past operation of laws, previous Acts, offences and pending actions etc 169. Provisions relating to judiciary 15 16 169A. Provision relating to Queen’s Counsel and Senior Attorneys-at-Law CHAPTER XXII. INTERPRETATION 170. Interpretation CHAPTER XXIV. PROMULGATION OF THE CONSTITUTION 172. Promulgation of the Constitution Other Consequential Amendments in the Seventeenth Amendment to the Constitution 24. Commissions under repealed Articles 56 and 112 of the Constitution to continue 25. Chief Justice, Judges of the Supreme Court, President of the Court of Appeal etc.; to continue to hold office 26. Judges of the High Court etc.; to continue to hold office 27. Substitution and savings 28. Pending matters before the Public Service Commission to stand removed to the National Police Commission NINTH SCHEDULE LIST I. Provincial Council List 13 25 29 36 APPENDIX I. Law and Order 12 SCHEDULE. List of Offences to be investigated by the National Police APPENDIX III. Education LIST II. Reserved List LIST III. Concurrent List 2 and 3
The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present).
[Repealed].
Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum:Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors.
The President may, subject to the provisions of Article 85, submit to the People by Referendum any matter which in the opinion of the President is of national importance.
Every Referendum shall be conducted by the Commissioner of Elections who shall communicate the result thereof to the President.
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.
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