5. Replacement of Article 33 of the Constitution

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Article 33 of the Constitution is hereby repealed and the following Article is substituted therefor:-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

(a)

ensure that the Constitution is respected and upheld;

(b)

promote national reconciliation and integration;

(c)

ensure and facilitate the proper functioning of the Constitutional

Council and the institutions referred to in Chapter VIIA; and

(d)

on the advice of the Election

Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda.

(2)

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–

(a)

to make the Statement of

Government Policy in Parliament at the commencement of each session of Parliament;

(b)

to preside at ceremonial sittings of

Parliament;

(c)

to summon, prorogue and dissolve

Parliament;

(d)

to receive and recognize, and to appoint and accredit,

Ambassadors, High Commissioners,

Plenipotentiaries and other diplomatic agents;

(e)

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.

Every

President’s

Counsel appointed under this paragraph shall be entitled to all such privileges as were hitherto enjoyed by Queen’s

Counsel;

(f)

to keep the Public Seal of the

Republic, and to make and execute under the Public Seal, the acts of appointment of the Prime Minister and other Ministers of the Cabinet of Ministers, the Chief Justice and other judges of the Supreme Court, the President of the Court of Appeal and other judges of the Court of

Appeal, and such grants and dispositions of lands and other immovable property vested in the

Republic as the President is by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that

Seal;

(g)

to declare war and peace; and

(h)

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.”.

Read on from s 6