Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter XIVA · Election Commission
104B. Powers, functions and duties of the Commission
Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.
Unofficial copyFrom Parliament of Sri Lanka, unchanged
The Commission shall exercise, perform and discharge all such powers, duties and functions conferred or imposed on or assigned to –
the Commission; or
the Commissioner-General of Elections, by the Constitution, and by the law for the time being relating to the election of the President, the election of Members of Parliament, the election of members of
Provincial Councils, the election of members of Local
Authorities and the conduct of Referenda, including but not limited to all the powers, duties and functions relating to the preparation and revision of registers of electors for the purposes of such elections and Referenda and the conduct of such elections and Referenda.
It shall be the duty of the Commission to secure the enforcement of all laws relating to the holding of any such election or the conduct of Referenda and it shall be the duty of all authorities of the State charged with the enforcement of such laws, to co-operate with the Commission to secure such enforcement.
The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions and shall forward to Parliament for each calendar year a report of its activities for such year.
85[(4) (a) The Commission shall have the power during the period of an election, to prohibit the use of any 85 - Substituted by the Nineteenth Amendment to the Constitution Sec. 23.
movable or immovable property belonging to the State or any public corporation -
for the purpose of promoting or preventing the 86[election of any candidate or any political party] or independent group contesting at such election;
by any candidate or any political party or any independent group contesting at such election, by a direction in writing by the Chairman of the
Commission or of the Commissioner-General of Elections on the instructions of the Commission.
It shall be the duty of every person or officer in whose custody or under whose control such property is for the time being, to comply with, and give effect to, such direction.
87[(4a) For the avoidance of doubt it is stated that any guideline issued by the Commission during the period commencing on the date of the making of an Order for the holding of an election or the date of the making of a Proclamation requiring the conduct of the Referendum, as the case may be, shall –
be limited to matters which are directly connected with the holding of the respective election or the conduct of the respective Referendum, as the case may be; and
not be connected directly with any matter relating to the public service or any matter within the ambit of administration of the Public Service Commission or the Judicial Service Commission, as the case may be, appointed under the Constitution.]
86 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(1).
87 - Inserted by the Twentieth Amendment to the Constitution Sec. 19(2).
88[(a) The Commission shall have the power to issue, from time to time, in respect of the holding of any election or the conduct of a Referendum, such guidelines as the Commission may consider appropriate, to any broadcasting or telecasting operator or any proprietor or any publisher of a newspaper, as the case may be, as the Commission may consider necessary to ensure a free and fair election.]
89[(b) It shall be the duty of any broadcasting or telecasting operator or any proprietor or publisher of a newspaper, as the case may be, to take all necessary steps to ensure compliance with any guidelines as are issued to them under paragraph (a).]
The Commission shall cause the directions and guidelines referred to in paragraph 4(a) and paragraph 5(a)
to be published in at least one newspaper widely circulated, in the
Sinhala, Tamil and English languages.
Every direction and guideline 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 direction and guideline.
Every such direction and guideline shall, within three months from the date of publication in the Gazette, be brought before Parliament for approval.
Any direction or guideline which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder.]
88 - Substituted by the Twenty First Amendment to the Constitution Sec. 11.
89 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(3)
Chapter XV
The Judiciary
Chapter XVA
Judicial Service Commission
Chapter XVI
The Superior Courts
Chapter XVII
Finance
Chapter XVIIA
146[CHAPTER XVII a
Chapter XVIII
Public Security
Chapter XVIIIA
National Police Commission
Chapter XIX
The Parliamentary Commissioner for Administration
Chapter XIXA
Commission to Investigate Allegations of Bribery or Corruption
Chapter XIXB
National Procurement Commission
Chapter XX
General
Chapter XXI
Transitional Provisions
Chapter XXII
Interpretation
Chapter XXIII
Repeal
Chapter XXIV