2023 Revised Edition

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Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter VII · The Executive

38. Vacation of office by President

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

(1)

The office of President shall become vacant –

(a)

upon his death;

(b)

if he resigns his office by a writing under his hand addressed to the Speaker;

(c)

if he ceases to be a citizen of Sri Lanka;

(d)

if the person elected as President wilfully fails to assume office within 31[two weeks] from the date of commencement of his term of office;

(e)

if he is removed from office as provided in the next succeeding paragraph; or

(f)

if the Supreme Court in the exercise of its powers under Article 130(a)

determines that his election as

President was void and does not determine that any other person was duly elected as President.

(2)

(a)

Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by 31 - Substituted by the Third Amendment to the Constitution Sec. 3.

reason of mental or physical infirmity or that the President has been guilty of –

(i)

intentional violation of the Constitution,

(ii)

treason,

(iii)

bribery,

(iv)

misconduct or corruption involving the abuse of the powers of his office, or

(v)

any offence under any law, involving moral turpitude and setting out full particulars of the allegation or allegations made and seeking an inquiry and report thereon by the Supreme Court.

(b)

No notice of such resolution shall be entertained by the Speaker or placed on the Order Paper of

Parliament unless it complies with the provisions of sub-paragraph (a) and –

(i)

such notice of resolution is signed by not less than two-thirds of the whole number of Members of Parliament; or

(ii)

such notice of resolution is signed by not less than one-half of the whole number of

Members of Parliament and the Speaker is satisfied that such allegation or allegations merit inquiry and report by the Supreme Court.

(c)

Where such resolution is passed by not less than two-thirds of the whole number of Members

(including those not present) voting in its favour, the allegation or allegations contained in such resolution shall be referred by the Speaker to the Supreme Court for inquiry and report.

(d)

The Supreme Court shall, after due inquiry at which the President shall have the right to appear and to be heard, in person or by an Attorney-at-Law, make a report of its determination to Parliament together with the reasons therefor.

(e)

Where the Supreme Court reports to

Parliament that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, as the case may be, Parliament may by a resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour remove the President from office.

Read on from art 39

Chapter VIIA