Nineteenth Amendment to the Constitution

This Act may be cited as the Nineteenth

The provisions of this Act other than the provisions of section 9 (in so far it relates to paragraph (1) of Article 46 of the Constitution of the Democratic Socialist Republic of Sri

The provisions of section 9 (in so far it relates to paragraph (1) of Article 46 of the Constitution of the

The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter in this Act referred to as the

“Constitution”) is hereby amended by the insertion immediately after Article 14 thereof of the following new

Article :-

14A.

Lanka

Every citizen shall have the right of access to any information as provided for by law, being information that is required for the execise or protection of a citizen’s right held by:-

the State, a Ministry or any Government

any Ministry of a Minster of the

any local authority; and

any other person, who is in possession of such information relating to any institution referred to in sub-paragraphs (a) (b) or (c) of this paragraph.”

No restrictions shall be placed on the right declared and recognized by this Article, other than such restrictions prescribed by law as are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or the rights of others, privacy, prevention of contempt of court, protection of parliamentary privilege, for preventing the disclosure of information communicated in confidence, or for maintaining the authority and impartiality of the judiciary.

In this Article, “citizen” includes a body whether incorporated or unincorporated, if not less than three-fourths of the members of such body are citizens.”.

Article 30 of the Constitution is hereby repealed and the following Article substituted therefor:-

30. (1) There shall be a President of the

Republic of Sri Lanka, who is the Head of the

State, the Head of the Executive and of the

Government and the Commander-in-Chief of the Armed Forces.

“The

President of the Republic.

The President of the Republic shall be elected by the People and shall hold office for a term of five years.”.

Article 31 of the Constitution is hereby amended as follows:-

by the insertion immediately after paragraph (1) of that Article, of the following new paragraph:-

in paragraph (3A) of that Article:-

Article 33 of the Constitution is hereby repealed and the following Article is substituted therefor:-

33. (1) It shall be the duty of the President to—

“Duties, powers and functions of the President.

ensure that the Constitution is respected and upheld;

promote national reconciliation and integration;

ensure and facilitate the proper functioning of the Constitutional

on the advice of the Election

In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power–

to make the Statement of

to preside at ceremonial sittings of

to summon, prorogue and dissolve

to receive and recognize, and to appoint and accredit,

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.

to keep the Public Seal of the

to declare war and peace; and

to do all such acts and things, not inconsistent with the provisions of the Constitution or written law, as by international law, custom or usage the President is authorized or required to do.”.

The following Article is hereby inserted immediately after Article 33, and shall have effect as Article 33A of the

Constitution:-

33A. The President shall be responsible to

Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law, including the law for the time being relating to public security.”.

Article 35 of the Constitution is hereby repealed and the following Article is substituted therefor:-

35. (1) While any person holds office as

President of the Republic of Sri Lanka, no civil or criminal proceedings shall be instituted or continued against the President in respect of anything done or omitted to be done by the

President, either in his official or private capacity:

Provided that nothing in this paragraph shall be read and construed as restricting the right of any person to make an application under Article 126 against the Attorney-General, in respect of anything done or omitted to be done by the President, in his official capacity:

Provided further that the Supreme Court shall have no jurisdiction to pronounce upon the exercise of the powers of the President under Article 33(2)(g).

Where provision is made by law limiting the time within which proceedings of any description may be instituted against any person, a period of time during which such

The immunity conferred by the provisions of paragraph (1) shall not apply to proceedings in the Supreme Court under paragraph (2) of Article 129 and to proceedings under Article 130 (a) relating to the election of the President or the validity of a referendum.”.

Chapter VIIA of the Constitution is hereby repealed and the following Chapter substituted therefor:-

“CHAPTER VIIA

THE CONSTITUTIONAL COUNCIL

41A. (1) There shall be a Constitutional

Council (in this Chapter referred to as the

“Council”) which shall consist of the following members:–

the Prime Minister;

the Speaker;

the Leader of the Opposition in

one Member of Parliament appointed by the President;

five persons appointed by the

one Member of Parliament nominated by agreement of the majority of the Members of

The Speaker shall be the Chairman of the Council.

It shall be the duty of the Speaker to ensure that nominations for appointments under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) are made, whenever an occasion for such nominations arises.

In nominating the five persons referred to in sub-paragraph (e) of paragraph (1), the

The persons who are not Members of

The President shall, within fourteen days of the receipt of a written communication specifying the nominations made under sub-paragraphs (e) and (f) of paragraph (1), make the necessary appointments. In the event of the

(a) On the dissolution of Parliament, notwithstanding the provisions of paragraph (2) of Article 64, the Speaker shall continue to hold office as a member of the Council, until a

Notwithstanding the dissolution of

Every member of the Council appointed under sub-paragraphs (d), (e) and (f) of paragraph (1), shall hold office for a period of three years from the date of appointment unless the member earlier resigns his office by writing addressed to the President, is removed from office by the President on both the Prime

In the event of there being a vacancy among the members appointed under sub-paragraphs (d), (e) or (f)) of paragraph (1), the

A member appointed under sub-paragraphs (d), (e) or (f) of paragraph (1), shall not be eligible for re-appointment.

The appointments made by the

The provisions of paragraph (1) of this

It shall be the duty of the Council to recommend to the President fit and proper persons for appointment as Chairmen or members of the Commissions specified in the

The President shall appoint the

the persons recommended under paragraph (3), to be appointed as members of a Commission, shall be deemed to have been appointed as the members of the Commissions;

the person whose name appears first in the list of names recommended under paragraph (3), to be appointed as the Chairman of a Commission, shall be deemed to have been appointed the Chairman of the respective Commission, with effect from the date of expiry of such period.

No person appointed under paragraph (1) or a person appointed to act as the Chairman or a member of any such Commission, shall be removed except as provided for in the

All the Commissions referred to in the

The Election Commission.

The Public Service Commission.

The National Police Commission.

The Audit Service Commission.

The Human Rights Commission of Sri

The

The Finance Commission.

The Delimitation Commission.

The National Procurement Commission.

No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article, unless such appointment has been approved by the

The provisions of paragraph (1) of this

No person appointed to any Office specified in the Schedule to this Article or to act in any such Office, shall be removed from such Office except as provided for in the

In the discharge of its function relating to the appointment of Judges of the Supreme

The Chief Justice and the Judges of the

The President and the Judges of the Court of Appeal.

The Members of the Judicial Service

The Attorney-General.

The Auditor-General.

The Inspector-General of Police.

The Parliamentary Commissioner for

The Secretary-General of Parliament.

There shall be a Secretary-General to the Council who shall be appointed by the Council for a term of five years. Upon the expiration of his term of office, the

The Council may appoint such officers as it considers necessary for the discharge of its functions, on such terms and conditions as shall be determined by the Council.

The Chairman shall preside at all meetings of the Council and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition shall preside at the meetings of the Council.

The quorum for any meeting of the

The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision and in the absence of an unanimous decision, no recommendation, approval or decision made by the Council shall be valid, unless supported by not less than five members of the Council present at such meeting.

The Chairman or the other member presiding shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the

The procedure in regard to meetings of the Council and the transaction of business at such meetings shall be determined by the

Any member of the Council appointed under sub-paragraphs (d), (e), or (f) of paragraph (1) of Article 41A, who without obtaining prior leave of the Council absents himself from three consecutive meetings of the Council, shall be deemed to have vacated office with effect from the date of the third of such meetings.

The Council shall have the power to act notwithstanding the fact that it has not been fully constituted or that there is a vacancy in its membership, and no act, proceeding or decision of the Council shall be or deemed to be invalid by reason only of the fact that the

The Council shall, once in every three months, submit to the President a report of its activities during the preceding three months.

The Council shall perform and discharge such other duties and functions as may be imposed or assigned to the Council by the

The Council shall have the power to make rules relating to the performance and discharge of its duties and function. All such rules shall be published in the Gazette and be placed before Parliament within three months of such publication.