12. Amendment of Article 70 of the Constitution

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

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 –

(a)

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;

(b)

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;

(c)

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 –

(i)

such resolution is not passed as required by sub-paragraph (c) of paragraph (2) of

Article 38;

(ii)

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;

(iii)

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

(iv)

Parliament by resolution requests the

President to dissolve Parliament;

(d)

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.”.

Read on from s 13