Constitutional Amendment · As enacted
Twentieth Amendment to the Constitution
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Twentieth Amendment to the Constitution.
s 2Amendment of Article 31 of the Constitution of the Democratic Socialist Republic of Sri Lanka
The Constitution of the Democratic Socialist Republic of Sri Lanka (in this Act referred to as the “Constitution”) is hereby amended in paragraph (3A)(a)(i) of Article 31 thereof, by the substitution, for the words “by election, for a further term.” of the words “by election, for a second term.”.
s 3Replacement of Article 33 of the Constitution
Article 33 of the Constitution is hereby repealed and the following Article substituted therefor:-
33. In addition to the powers and functions expressly conferred on or assigned to him by the
Constitution or by any written law, the President shall have the power-
to make the Statement of Government
Policy in Parliament at the commencement of each session of Parliament;
to preside at ceremonial sittings of
Parliament;
to ensure the creation of proper conditions for the conduct of free and fair elections, at the request of the Election
Commission;
“Powers and functions of the
President.
to receive and recognize and to appoint and accredit Ambassadors, High
Commissioners, Plenipotentiaries and other diplomatic agents;
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 a
Queen’s Counsel;
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 and other Judges of the Court of Appeal and such grants and dispositions of lands and immovable property vested in the Republic as he is by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that Seal;
to declare war and peace; and
to do all such acts and things, not being inconsistent with the provisions of the
Constitution or written law, as by international law, custom or usage he is required or authorized to do.”.
s 4Repeal of Article 33A of the Constitution
Article 33A of the Constitution is hereby repealed.
s 5Replacement of Article 35 of the Constitution
Article 35 of the Constitution is hereby repealed and the following Article substituted therefor:-
35. (1) While any person holds office as
President, no proceedings shall be instituted or continued against him in any court or tribunal in respect of anything done or omitted to be done by him 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 paragraph (g) of Article 33.
Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the period of time during which such person holds the office of President shall not be taken into account in calculating the period of time prescribed by that law.
The immunity conferred by the provisions of paragraph (1) of this Article shall not apply to any proceedings in any court in relation to the exercise of any power pertaining to any subject or function assigned to the President or remaining
“Immunity of
President from suit.
in his charge under paragraph (2) of Article 44 or to proceedings in the Supreme Court under paragraph (2) of Article 129 or to proceedings in the Supreme Court under Article 130 (a) relating to the election of the President or the validity of a referendum or to proceedings in the Court of
Appeal under Article 144 or in the Supreme Court, relating to the election of a Member of Parliament:
Provided that any such proceedings in relation to the exercise of any power pertaining to any such subject or function shall be instituted against the Attorney-General.”.
s 6Replacement of Chapter VIIA of the Constitution
Chapter VIIA of the Constitution is hereby repealed and the following Chapter substituted therefor:-
“CHAPTER VII A
THE EXECUTIVE
THE PARLIAMENTARY COUNCIL
41A. (1) The Chairmen and members of the
Commissions referred to in Schedule I to this
Article and the persons to be appointed to the offices referred to in Part I and Part II of Schedule
II to this Article shall be appointed to such
Commissions and such offices by the President.
In making such appointments, the President shall seek the observations of a Parliamentary Council
(hereinafter referred to as “the Council”), comprising–
the Prime Minister;
the Speaker;
the Leader of the Opposition;
President to make the appointments in respect of the
Commissions and offices referred to in the
Schedules.
a nominee of the Prime Minister, who shall be a Member of Parliament; and
a nominee of the Leader of the
Opposition, who shall be a Member of
Parliament:
Provided that, the persons appointed in terms of sub-paragraphs (d) and (e) above shall be nominated in such manner as would ensure that the nominees would belong to communities which are communities other than those to which the persons specified in paragraphs (a), (b) and (c)
above, belong.
SCHEDULE I
1. The Election Commission.
2. The Public Service Commission.
3. The National Police Commission.
4. The Human Rights Commission of Sri Lanka.
5. The Commission to Investigate Allegations of
Bribery or Corruption.
6. The Finance Commission.
7. The Delimitation Commission.
SCHEDULE II
PART I
1. The Chief Justice and the Judges of the
Supreme Court.
2. The President and Judges of the Court of
Appeal.
3. The Members of the Judicial Service
Commission, other than the Chairman.
PART II
1. The Attorney-General.
2. The Auditor-General.
3. The Parliamentary Commissioner for
Administration (Ombudsman).
4. The Secretary-General of Parliament.
5. The Inspector-General of Police.
The Speaker shall require the Prime Minister and the Leader of the Opposition to make such nominations within one week of the date of the commencement of this Article, provided that if the
Prime Minister and the Leader of the Opposition fail to make such nominations, the Speaker shall proceed to nominate any Members of Parliament to be nominees for the purposes of sub-paragraphs (d)
and (e) of paragraph (1), taking into consideration the criteria specified in the proviso to paragraph (1)
of this Article.
If at the time the President seeks the observations of the Council under paragraph (1), the Prime Minister and the Leader of the Opposition have failed to nominate the persons who shall be their nominees in the Council, the Speaker shall nominate such Members of Parliament to be nominees for the purposes of sub-paragraphs (d)
and (e) of paragraph (1), taking into consideration the criteria specified in the proviso to paragraph (1)
of this Article.
Notwithstanding the provisions of paragraph (2) of Article 64 of the Constitution, the Speaker shall, for the purpose of this Article, continue as
Speaker on the dissolution of Parliament, until a
Member of Parliament is elected to be the Speaker under paragraph (1) of Article 64. The new Speaker shall thereupon be a member of the Council.
Notwithstanding the dissolution of
Parliament, the Leader of the Opposition shall for the purposes of this Article, continue as Leader of the Opposition, until such time after a General
Election following such dissolution, a Member of
Parliament is recognized as the Leader of the
Opposition in Parliament. The new Leader of the
Opposition shall thereupon be a member of the
Council.
Notwithstanding the dissolution of
Parliament, the nominees of the Prime Minister and the Leader of the Opposition respectively who are
Members of Parliament shall continue as members until such time after a General Election following such dissolution, Members of Parliament are elected to Parliament. The Prime Minister and the Leader of the Opposition shall thereupon respectively nominate two new members of Parliament to be their nominees in terms of sub-paragraphs (d) and (e) of paragraph (1) of this Article.
The tenure of the Council constituted under this Article shall extend for such period as specified in paragraph (2) of Article 62 and such tenure shall not be affected by any prorogation of Parliament in terms of Article70:
Provided that, the persons appointed as nominees of the Prime Minister and the Leader of the Opposition respectively, may during such tenure at the request of the Prime Minister or the Leader of the Opposition, as the case may be, be removed by the President for the reasons assigned therefor or in the event of an incapacity of such nominee, the
President may require the Prime Minister or
Leader of the Opposition, as the case may be, to nominate taking into consideration the criteria specified in the proviso to paragraph (1), another
Member of Parliament to be his nominee in the
Council. In such an event, the Member of
Parliament nominated to fill the vacancy created by either removal or incapacity, as the case may be, shall continue as member of the Council only for the unexpired period of the tenure of the member for whose vacancy he was nominated.
(a) When the President seeks the observations of the Council under paragraph (1), he shall require the Council to convey through the Speaker the observations of the Council, on the persons proposed by him for such appointments, within a period of one week from the date of seeking such observations.
If the Council fails to communicate its observations to him within the period specified in sub-paragraph (a), the President shall forthwith proceed to make the aforesaid appointments.
Where the Leader of any recognized political party represented in Parliament desires to propose the name of any person for appointment as Chairman or member of a
Commission referred to in Schedule I to paragraph (1) of this Article, he may within a period of one week from the date of the President seeking such observations of the Council, forward to the Speaker the name of any person in relation thereto.The President may take such names into consideration when making such appointments.
No person appointed to be the Chairman or member of a Commission referred to in
Schedule I of this Article or any of the persons appointed to the offices referred to in Part I and
Part II of Schedule II of this Article shall be removed, otherwise than in the manner provided for in the Constitution or in any law enacted for such purpose. Where no such provision is made, such person shall be removed by the President.
(a) The Speaker shall be the Chairman of the
Council.
The procedure to be followed in obtaining the observations of the Council shall be as determined by the Speaker.
The Council shall perform and discharge such other duties and functions as may be imposed or assigned to the Council by the Constitution, or by any other written law.”.
s 7Replacement of Chapter VIII of the Constitution
Chapter VIII of the Constitution is hereby repealed and the following Chapter substituted therefor:-
“CHAPTER VIII
THE EXECUTIVE
THE CABINET OF MINISTERS
42. 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.
43. (1) There shall be a Cabinet of Ministers charged with the direction and control of the
Government of the Republic, which shall be collectively responsible and answerable to
Parliament.
Responsibility of the
President.
Cabinet of
Ministers.
The President shall be a member of the
Cabinet of Ministers and shall be the Head of the Cabinet of Ministers:
Provided that notwithstanding the dissolution of the Cabinet of Ministers under the provisions of the Constitution, the President shall continue in office.
The President shall appoint as Prime
Minister the Member of Parliament who in his opinion is most likely to command the confidence of Parliament.
44.
Ministers of Cabinet and their subjects and functions
The President shall, from time to time, 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; and
appoint from among the Members of
Parliament, Ministers to be in charge of the Ministries so determined.
The President may assign to himself any subject or function and shall remain in charge of any subject or function not assigned to any
Minister under the provisions of paragraph (1)
of this Article or the provisions of paragraph (1)
of Article 45 and may for that purpose determine the number of Ministries to be in his charge, and accordingly, any reference in the Constitution or any written law to the Minister to whom such subject or function is assigned, shall be read and construed as a reference to the President.
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.
45.
Ministers
The President may, from time to time, in consultation with the Prime Minister where he considers such consultation to be necessary –
and their
appoint from among Members of
Parliament, Ministers who shall not be
Members of the Cabinet of Ministers;
functions.
and
determine the assignment of subjects and functions to, and the Ministries, if any, which are to be in charge of, such
Ministers.
The President may at any time change any appointment or assignment made under paragraph (1) of this Article.
Every Minister appointed under this
Article shall be responsible and answerable to the Cabinet of Ministers and to Parliament.
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 him, 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 duty delegated to him under this paragraph, notwithstanding anything to the who are not members of the Cabinet
Ministries, subjects and contrary in the written law by which that power or duty is conferred or imposed on such Minister of the Cabinet of Ministers.
46.
Deputy Ministers
The President may, from time to time, in consultation with the Prime Minister, where he considers such consultation to be necessary, appoint from among the Members of Parliament,
Deputy Ministers to assist the Ministers of the
Cabinet of Ministers in the performance of their duties.
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 the Deputy Minister to exercise and perform any power or duty delegated to him under this paragraph 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.
47.
Tenure of office of the Prime Minister, Ministers and Deputy Ministers and the limitation of number of Ministers and Deputy Ministers
(1)
The total number of -
Ministers of the Cabinet of Ministers shall not exceed thirty; and
Ministers who are not members of the
Cabinet of Ministers and Deputy
Ministers shall not, in the aggregate exceed forty.
The Prime Minister, a Minister of the
Cabinet of Ministers, any other Minister or
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-
is removed by a writing under the hand of the President;
resigns his office by a writing under his hand addressed to the President;
or
ceases to be a Member of Parliament.
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 Parliament.
For the purpose of paragraph (3),
“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.
48.
Ministers after
The Cabinet of Ministers functioning immediately prior to the dissolution of Parliament shall, notwithstanding such dissolution continue to function and shall cease to function upon the conclusion of the General Election.
of
Accordingly, the Prime Minister, Ministers of the
Cabinet of Ministers, other Ministers and Deputy
Ministers shall continue to function unless they cease to hold office as provided in sub-paragraph (a) or (b) of paragraph (2) of
Article 47.
Cabinet of dissolution
Parliament.
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 as its members until the conclusion of the General Election. The President may appoint one such Minister to exercise, perform and discharge, or may himself exercise, perform and discharge the powers, duties and functions of the Prime Minister. If there is no such other
Minister, the President shall himself exercise perform and discharge the powers, duties and functions of the Cabinet of Ministers until the conclusion of the General Election.
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 or any other Minister, the President may appoint any other Minister to be the Minister in charge of such Ministry or to exercise, perform and discharge the powers, duties and functions of such Minister or may himself take charge of such Ministry or exercise, perform and discharge such powers, duties and functions.
49.
Cabinet of Ministers
On the Prime Minister ceasing to hold office by death, removal, 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 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, other
Ministers and Deputy Ministers in terms of
Articles 43, 44, 45 and 46:
Dissolution of
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 or may himself exercise, perform and discharge the powers, duties and functions of the Prime Minister and the provisions of Article 48 shall, mutatis mutandis, apply.
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, other Ministers and Deputy Ministers in terms of Articles 43, 44, 45 and 46.
50.
Acting
Whenever a Minister of the Cabinet of
Ministers, other Minister or Deputy Minister is unable to discharge the functions of his office, the President may appoint any Member of
Parliament to act in place of the said Minister of the Cabinet of Ministers, other Minister or
Deputy Minister.
51.
acting Deputy Minister. Secretary to the Prime Minister and Secretary to the
(a)There shall be a Secretary to the
Prime Minister who shall be appointed by the
President.
The Secretary to the Prime Minister 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.
Cabinet of
Minister and
Ministers.
There shall be a Secretary to the
Cabinet of Ministers who shall be appointed by the President.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.
52.
Secretaries t o Ministries
There shall be for each Ministry a
Secretary who shall be appointed by the
President.
The Secretary to the Ministry shall, subject to the direction and control of his
Minister, exercise supervision over the departments of Government or other institutions in the charge of his Minister.
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 44 or Article 45 which results in such Ministry ceasing to exist.
Where the Secretary to a Ministry so ceases to hold office, the Cabinet of Ministers may appoint such Secretary to any other post in the Public Service:
Provided that a person who immediately prior to his appointment as Secretary was in the Public or Local Government Service or in the service of any public corporation shall be deemed to have been temporarily released from such service and shall be entitled to revert to such service without loss of seniority upon his so ceasing to hold office as Secretary.
The proviso to paragraph (4) of this
Article shall, mutatis mutandis, apply to a
Secretary to a Ministry upon –
the President terminating his services, otherwise than by dismissal on disciplinary grounds; or
his resignation, unless disciplinary proceedings are pending or contemplated against him on the date of his resignation.
For the purposes of paragraphs (4) and (5) of this Article, any person who has continuously held the office of Secretary to the President, Secretary to a Ministry or any other office in the President’s staff or any one or more of such offices shall be deemed to have continuously held the office which such person last held.
For the purposes of this Article –
the Office of the Secretary-General of
Parliament, the Office of the
Parliamentary Commissioner for
Administration (Ombudsman), the
Public Service Commission, the
Election Commission, the National
Police Commission and the Office of the Secretary to the Cabinet of
Ministers; and
the National Audit Office, shall be deemed not to be departments of
Government.
53. A person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until such person takes and subscribes the oath or makes and subscribes the affirmations set out in the Fourth
Schedule and Seventh Schedule.”.
s 8Amendment of Article 54 of the Constitution
Article 54 of the Constitution is hereby amended as follows:-
by the repeal of paragraph (1) of that Article, and the substitution therefor of the following paragraph:-
“(1) There shall be a Public Service Commission
(in this Chapter referred to as the
“Commission”) which shall consist of not less than five members and not more than nine members appointed by the President subject to the provisions of Article 41A, of whom not less than three members shall be persons who have had over fifteen years experience as public officers. The President shall appoint one of such members as its Chairman.”;
by the substitution, in paragraph (4) of that Article, for the words “by the President with the approval of the Constitutional Council or is convicted” of the words “by the President or is convicted”;
by the substitution, in paragraph (7) of that Article, for the words “such period, on the recommendation of the Constitutional Council, appoint” of the words and figures “such period, subject to the provisions of Article 41A, appoint”.
Official oath or affirmation.
s 9Amendment of Article 61D of the Constitution
Article 61D of the Constitution is hereby amended by the substitution, for the words “the affirmation set out in the
Fourth Schedule to the Constitution.” of the words “the affirmations set out in the Fourth and Seventh Schedules to the Constitution.”.
s 10Replacement of Articles 61E and 61F of the
Articles 61E and 61F of the Constitution are hereby repealed and the following Articles are substituted therefor:-
61E.
Constitution
The President shall appoint –
the Heads of the Army, the Navy and the Air Force; and
subject to the provisions of Article 41A, the Attorney-General and the Inspector-General of Police.
61F. For the purposes of this Chapter, “public officer” does not include a member of the Army,
Navy, or Air Force, an officer of the Election
Commission appointed by such Commission or a scheduled public officer appointed by the
Judicial Service Commission.”.
s 11Amendment of Article 65 of the Constitution
Article 65 of the Constitution is hereby amended as follows:-
by the repeal of paragraph (1) of that Article, and the substitution therefor, of the following paragraph:-
“(1) There shall be a Secretary-General of
Parliament who shall, subject to the provisions of Article 41A, be appointed by the President and who shall hold office during good behaviour.”;
by the repeal of paragraph (6) of that Article, and the substitution therefor of the following paragraph:-
“(6) Whenever the Secretary-General is unable to discharge the functions of his office, the President may appoint a person to act in the place of the Secretary-General.”.
“Appointments by the
President.
Interpretation.
s 12Amendment of Article 70 of the Constitution
Article 70 of the Constitution is hereby amended by the repeal of paragraph (1) of that Article, and the substitution therefor of the following paragraph:-
“(1)
The President may, from time to time, by
Proclamation summon, prorogue and dissolve
Parliament:
Provided that –
subject to the provisions of sub-paragraph (d), the President shall not dissolve Parliament until the expiration of a period of not less than two years and six months from the date appointed for its first meeting, unless Parliament by resolution requests the President to dissolve
Parliament;
the President shall not dissolve Parliament on the rejection of the Statement of Government
Policy at the commencement of the first session of Parliament after a General Election;
subject to the provisions of sub-paragraph (d), the President shall not dissolve Parliament after the Speaker has entertained a resolution complying with the requirements of sub-paragraphs (a) and (b) of paragraph (2) of
Article 38, unless –
such resolution is not passed as required by sub-paragraph (c) of paragraph (2) of
Article 38;
the Supreme Court determines and reports that the President has not become permanently incapable of discharging the functions of his office or that the President has not been guilty of any of the other allegations contained in such resolution;
the consequent resolution for the removal of the President is not passed as required by sub-paragraph (e) of paragraph (2) of
Article 38; or
Parliament by resolution requests the
President to dissolve Parliament;
where the President has not dissolved Parliament consequent upon the rejection by Parliament of the Appropriation Bill, the President shall dissolve Parliament if Parliament rejects the next
Appropriation Bill.”.
s 13Amendment of Article 78 of the Constitution
Article 78 of the Constitution is hereby amended as follows:-
by the repeal of paragraph (1) thereof, and the substitution therefor of the following paragraph:-
“(1) Every Bill shall be published in the
Gazette at least seven days before it is placed on the Order Paper of Parliament.”; and
by the insertion, immediately after paragraph (2)
of that Article, of the following paragraph:-
“(3) Any amendment proposed to a Bill in
Parliament shall not deviate from the merits and principles of such Bill.”.