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As enacted
Contents

9. Replacement of Chapter VIII of the Constitution

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

Chapter VIII of the Constitution is hereby repealed and the following Chapter substituted therefor:-

“CHAPTER VIII

THE EXECUTIVE

THE CABINET OF MINISTERS

42. (1) There shall be a Cabinet of Ministers charged with the direction and control of the

Government of the Republic.

(2)

The Cabinet of Ministers shall be collectively responsible and answerable to

Parliament.

(3)

The President shall be a member of the

Cabinet of Ministers and shall be the Head of the Cabinet of Ministers.

(4)

The President shall appoint as Prime

Minister the Member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament.

43. (1) The President shall, in consultation with the Prime Minister, where he considers such consultation to be necessary, determine the number of Ministers of the Cabinet of

Ministers and the Ministries and the assignment of subjects and functions to such

Ministers.

Prime

Minister and the Cabinet of Ministers.

Ministers and their subjects and functions.

(2)

The President shall, on the advice of the

Prime Minister, appoint from among Members of Parliament, Ministers, to be in charge of the

Ministries so determined.

(3)

The President may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers.

Such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament.

44.

Ministers

(1)

The President may, on the advice of the Prime Minister, appoint from among

Members of Parliament, Ministers who shall not be members of the Cabinet of Ministers.

(2)

The President may, in consultation with the Prime Minister where he considers such consultation to be necessary, determine the assignment of subjects and functions to

Ministers appointed under paragraph (1) of this

Article and the Ministries, if any, which are to be in charge of, such Ministers.

(3)

The President may at any time change any assignment made under paragraph (2).

(4)

Every Minister appointed under paragraph (1) shall be responsible to the

Cabinet of Ministers and to Parliament.

(5)

Any Minister of the Cabinet of Ministers may, by Notification published in the Gazette, delegate to any Minister who is not a member of the Cabinet of Ministers, any power or duty pertaining to any subject or function assigned to such cabinet Minister, or any power or duty conferred or imposed on him by any written law, and it shall be lawful for such other

Minister to exercise and perform any power or who are not members of the Cabinet of Ministers.

duty delegated notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on such

Minister of the Cabinet of Ministers.

45.

Deputy

(1)

The President may, on the advice of the Prime Minister, appoint from among

Members of Parliament, Deputy Ministers to assist Ministers of the Cabinet of Ministers in the performance of their duties.

(2)

Any Minister of the Cabinet of Ministers may by Notification published in the Gazette, delegate to his Deputy Minister, any power or duty pertaining to any subject or function assigned to him or any power or duty conferred or imposed on him by any written law, and it shall be lawful for such Deputy Minister to exercise and perform any power or duty delegated notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on such

Minister.

46.

office of

(1)

The total number of–

Prime

(a)

Ministers of the Cabinet of Ministers shall not exceed thirty; and

(b)

Ministers who are not members of the Cabinet of Ministers and Deputy

Ministers shall not, in the aggregate, exceed forty.

Deputy

(2)

The Prime Minister shall continue to hold office throughout the period during which the

Cabinet of Ministers continues to function under the provisions of the Constitution unless he–

(a)

resigns his office by a writing under his hand addressed to the President;

or

Tenure of office of the

Minister, and the limitation of numbers and tenure of

Ministers and

Ministers.

Ministers.

(b)

ceases to be a Member of Parliament.

(3)

A Minister of the Cabinet of Ministers, a Minister who is not a member of the Cabinet of Ministers and a Deputy Minister, shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he–

(a)

is removed from office under the hand of the President on the advice of the Prime Minister;

(b)

resigns from office by a writing under his hand addressed to the

President; or

(c)

ceases to be a Member of Parliament.

(4)

Notwithstanding anything contained in paragraph (1) of this Article, where the recognized political party or the independent group which obtains highest number of seats in Parliament forms a National Government, the number of Ministers in the Cabinet of

Ministers, the number of Ministers who are not

Cabinet of Ministers and the number of Deputy

Ministers shall be determined by Parilament.

(5)

For the purpose of paragraph (4),

National Government means, a Government formed by the recognized political party or the independent group which obtains the highest number of seats in Parliament together with the other recognized political parties or the independent groups.

47.

Ministers after

(1)

The Cabinet of Ministers functioning immediately prior to the dissolution of

Parliament shall, notwithstanding such dissolution, continue to function and shall

Cabinet of dissolution of

Parliament.

cease to function upon the conclusion of the

General Election and accordingly, the Prime

Minister and the Ministers of the Cabinet of

Ministers, shall continue to function unless they cease to hold office as provided in sub paragraph (a) of paragraph (2) or sub paragraph (a) or (b)

of paragraph (3) of Article 46 and shall comply with the criteria set out by the Commissioner of

Elections and shall not cause any undue influence on the General Election.

(2)

Notwithstanding the death, removal from office or resignation of the Prime Minister, during the period intervening between the dissolution of Parliament and the conclusion of the General Election, the Cabinet of

Ministers shall continue to function with the other Ministers of the Cabinet of Ministers as its members, until the conclusion of the

General Election. The President may appoint one such Minister to exercise, perform and discharge the powers, duties and functions of the Prime Minister.

(3)

On the death, removal from office or resignation, during the period intervening between the dissolution of Parliament and the conclusion of the General Election, of a Minister of the Cabinet of Ministers, the President may, on the advice of the Prime Minister, appoint any other Minister to be the Minister in charge of the Ministry of such Minister or to exercise, perform and discharge the powers, duties and functions of such Minister.

48.

of the

(1)

On the Prime Minister ceasing to hold office by death, resignation or otherwise, except during the period intervening between the dissolution of Parliament and the conclusion of the General Election, the Cabinet of Ministers shall, unless the President has in

Dissolution

Cabinet of

Ministers.

the exercise of his powers under Article 70, dissolved Parliament, stand dissolved and the

President shall appoint a Prime Minister,

Ministers of the Cabinet of Ministers, Ministers who are not members of the Cabinet of

Ministers and Deputy Ministers in terms of

Articles 42, 43, 44 and 45:

Provided that if after the Prime Minister so ceases to hold office, Parliament is dissolved, the Cabinet of Ministers shall continue to function with the other Ministers of the Cabinet as its members, until the conclusion of the

General Election. The President may appoint one such Minister to exercise, perform and discharge the powers, duties and functions of the Prime Minister, and the provisions of

Article 47 shall, mutatis mutandis, apply.

(2)

If Parliament rejects the Statement of

Government Policy or the Appropriation Bill or passes a vote of no-confidence in the

Government, the Cabinet of Ministers shall stand dissolved, and the President shall, unless he has in the exercise of his powers under Article 70, dissolved Parliament, appoint a Prime Minister, Ministers of the Cabinet of

Ministers, Ministers who are not members of the Cabinet of Ministers and Deputy Ministers in terms of Articles 42, 43, 44 and 45.

49.

Acting

Whenever a Minister of the Cabinet of

Ministers, a Minister who is not a members of the Cabinet of Ministers or a Deputy Minister is unable to discharge the functions of his office, the President may, on the advice of the Prime

Minister, appoint any Member of Parliament to act in the place of such Minister of the Cabinet of Ministers, Minister who is not a member of the Cabinet of Ministers or a Deputy Minister.

Ministers and

Ministers.

Deputy

50. (1) There shall be a Secretary to the

Cabinet of Ministers who shall be appointed by the President.

(2)

The Secretary shall, subject to the direction of the President, have charge of the office of the Cabinet of Ministers, and shall discharge and perform such other functions and duties as may be assigned to him by the

President or the Cabinet of Ministers.

51.

the Prime Minister

(1)

There shall be a Secretary to the

Prime Minister who shall be appointed by the

President.

(2)

The Secretary shall have charge of the office of the Prime Minister and shall perform and discharge the duties and functions of his office, subject to the directions of the Prime

Minister.

52. (1) There shall be a Secretary for every

Ministry of a Minister of the Cabinet of

Ministers, who shall be appointed by the

President.

(2)

The Secretary to a Ministry shall, subject to the direction and control of his

Minister, exercise supervision over the departments of government and other institutions in charge of the Minister.

(3)

The Secretary to a Ministry shall cease to hold office upon the dissolution of the

Cabinet of Ministers under the provisions of the Constitution or upon a determination by the President under Article 43 or 44 which results in the Ministry ceasing to exist.

(4)

For the purposes of this Article, the office of the Secretary to the President, the office of the Secretary to the Cabinet of

Secretary to

Secretary to the Cabinet of Ministers.

Secretaries to

Ministries.

Ministers, the office of the Auditor-General, the office of the Parliamentary Commissioner for Administration (Ombudsman), the office of the Secretary-General of Parliament, the

Constitutional Council, and the Commissions referred to in the Schedule to Article 41B shall be deemed not to be departments of

Government.

53.

and

Every person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until he takes and subscribes the oath, or makes and subscribes the affirmation, set out in the Fourth Schedule and Seventh Schedule.”.