Sri Lanka 1978 Constitution (reviewed 2015)

Other Consequential Amendments in the Seventeenth Amendment to the Constitution

24. Commissions under repealed Articles 56 and 112 of the Constitution to continue

1. The persons holding office on the date prior to the date of commencement of this Act, as members of the Public Service Commission and the Judicial Service Commission established by Article 56 and Article 112 respectively, of the Constitution, shall continue to hold office as such members continue to exercise the powers vested in those Commissions under the Constitution, prior to the date of commencement of this Act, until the date on which the members of the Public Service Commission and the Judicial Service Commission respectively, are appointed under Article 54 and Article 111D respectively of the Constitution.
2. The persons holding office on the day prior to the date of commencement of this Act, as the Secretary to the Public Service Commission and as the Secretary to the Judicial Service Commission appointed under paragraph (7) of Article 56 and Article 113 respectively, of the Constitution, shall continue to hold such office under the same terms and conditions.

25. Chief Justice, Judges of the Supreme Court, President of the Court of Appeal etc.; to continue to hold office

1. The Chief Justice and all the Judges of the Supreme Court and the President and all the Judges of the Court of Appeal holding office on the day prior to the date of the commencement of this Act, shall, subject to the provisions of paragraph (3) of Article 41C, continue to hold office.
2. Every person holding office on the day prior to the date of the commencement of this Act, as the Attorney-General, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament shall, subject to the provisions of paragraph (3) of Article 41C, continue to hold such office under the same terms and conditions.

26. Judges of the High Court etc.; to continue to hold office

Every person holding office on the day prior to the date of the commencement of this Act –

1. as a Judge of the High Court;
2. as a judicial officer, a scheduled public officer, a public officer or a police officer,

shall, continue to hold such office under the same terms and conditions.

27. Substitution and savings

1. Unless the context otherwise requires, there shall be substituted for the expressions “Commissioner of Elections” and “Department of the Commissioner of Elections” wherever such expressions occur in the Constitution and in any written law or in any contract, agreement or other document, of the expression “Election Commission”.
2. The person holding office as the Commissioner of Elections on the day immediately preceding the date of the commencement of this Act, shall continue to exercise and perform the powers and functions of the office of Commissioner of Elections as were vested in him immediately prior to the commencement of this Act, and of the Election Commission, until an Election Commission is constituted in terms of Article 103, and shall, from and after the date on which the Election Commission is so constituted, cease to hold office as the Commissioner of Elections.
3. All suits, actions and other legal proceedings instituted by or against the Commissioner of Elections appointed under Article 103 of the Constitution prior to the amendment of such Article by this Act, and pending on the day immediately prior to the date of commencement of this Act, shall he deemed to be suits, actions and other legal proceedings instituted by or against the Election Commission, and shall be continued and completed in the name of the Election Commission.
4. Any decision or order made, or ruling, given by the Commissioner of Elections appointed under Article 103 of the Constitution prior to the amendment of that Article, by this Act, and under any written law on or before the date of the commencement of this Act, shall be deemed to be a decision or order made or ruling given, by the Election Commission.

28. Pending matters before the Public Service Commission to stand removed to the National Police Commission

All matters pertaining to the appointment, promotion, transfer, disciplinary control and dismissal of any police officer pending before the Public Service Commission, on or before the date of the commencement of this Act, shall stand removed to the National Police Commission established by Chapter XVIIIA of the Constitution and accordingly such matter shall be continued and completed before such National Police Commission.