Constitutional Amendment · As enacted
Twenty First 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 Twenty First
Amendment to the Constitution.
s 2Replacement of Chapter VIIA of the Constitution of the Democratic Socialist Republic of Sri Lanka
Chapter VIIA of the Constitution of the Democratic
Socialist Republic of Sri Lanka (in this Act referred to as the
“Constitution”) is hereby repealed and the following Chapter is substituted therefor:-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
Parliament;
one Member of Parliament appointed by the President;
five persons appointed by the President, upon being nominated as follows:-
one Member of Parliament nominated by agreement of the
Constitution of the
Constitutional
Council.
majority of the Members of
Parliament representing the
Government;
one Member of Parliament nominated by agreement of the majority of the Members of
Parliament of the political party or independent group to which the Leader of the Opposition belongs; and
three persons nominated by the
Speaker by agreement of the
Prime Minister and the Leader of the Opposition; and
one Member of Parliament nominated by agreement of the Members of Parliament other than those representing the
Government and those belonging to the political party or independent group to which the Leader of the Opposition belongs, and appointed by the President.
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
Prime Minister, the Speaker and the Leader of the Opposition or the Members of Parliament, as the case may be, shall ensure that the Council reflects the pluralistic character of Sri Lankan society, including professional and social diversity.
The persons who are not Members of
Parliament to be appointed under sub-paragraph (e) of paragraph (1) shall be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party whose nomination shall be approved by Parliament.
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.
(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
Member of Parliament is elected to be the
Speaker under paragraph (1) of the aforesaid
Article.
Notwithstanding the dissolution of
Parliament, the Prime Minister, the Leader of the Opposition and the Members of Parliament who are members of the Council, shall continue to hold office as Members of such Council, until such time after a General Election following such dissolution, a Member of
Parliament is appointed as the Prime Minister or recognized as the Leader of the Opposition or such number of Members of Parliament are appointed as Members of the Council under sub-paragraphs (d), (e) and (f) of paragraph (1), as the case may be.
(a) The member of the Council appointed under sub-paragraph (d) 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 or is removed from office by the
President.
Every member of the Council appointed under sub-paragraphs (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 or is removed from office by the President on a resolution passed by the majority of the Members of Parliament
(including those not present) voting in its favour on the grounds of physical or mental incapacity and is unable to function further in office or is convicted by a court of law for any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81
of the Constitution or is deemed to have vacated his office under paragraph (7) of
Article 41E.
In the event of there being a vacancy among the members appointed under sub-paragraph (d), (e) or (f) of paragraph (1), the
President shall, within fourteen days of the occurrence of such vacancy and having regard to the provisions of the aforementioned sub-paragraphs, appoint another person to succeed such member. Any person so appointed, shall hold office during the unexpired part of the period of office of the member whom he succeeds.
A member appointed under sub-paragraph (d), (e) or (f) of paragraph (1), shall not be eligible for re-appointment.
The appointments made by the
President under sub-paragraphs (d), (e) and (f)
of paragraph (1), shall be communicated to the
Speaker.
41B. (1) No person shall be appointed by the President as the Chairman or a member of any of the Commissions specified in the
Schedule to this Article, except on a recommendation of the Council.
The provisions of paragraph (1) of this
Article shall apply in respect of any person appointed to act as the Chairman or as a member of any such Commission.
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
Schedule to this Article, whenever the occasion for such appointments arises, and such recommendations shall endeavour to ensure that such recommendations reflect the pluralistic character of Sri Lankan society, including gender. In the case of the Chairmen
Council to recommend appointments.
of such Commissions, the Council shall recommend three persons for appointment, and the President shall appoint one of the persons recommended as Chairman.
The President shall appoint the
Chairmen and the members of the Commissions specified in the Schedule to this Article, within fourteen days of receiving the recommendations of the Council for such appointments.
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
Constitution or in any written law, and where there is no such provision, such person shall be removed by the President only with the prior approval of the Council.
All the Commissions referred to in the
Schedule to this Article shall be responsible and answerable to Parliament.
SCHEDULE
The Election Commission.
The Public Service Commission.
The National Police Commission.
The Audit Service Commission.
The Human Rights Commission of
Sri Lanka.
The Commission to Investigate
Allegations of Bribery or Corruption.
The Finance Commission.
The Delimitation Commission.
The National Procurement Commission.
41C. (1) 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
Council upon a recommendation made to the
Council by the President.
The provisions of paragraph (1) of this
Article shall apply in respect of any person appointed to act for a period exceeding fourteen days, in any Office specified in the
Schedule to this Article:
Provided that no person shall be appointed to act in any such office for successive periods not exceeding fourteen days, unless such acting appointment has been approved by the
Council on a recommendation by the President.
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
Constitution or in any law.
In the discharge of its function relating to the appointment of Judges of the Supreme
Court and the President and Judges of the Court of Appeal, the Council shall obtain the views of the Chief Justice.
Council to approve appointments.
SCHEDULE
PART I
The Chief Justice and the Judges of the
Supreme Court.
The President and the Judges of the Court of Appeal.
The Members of the Judicial Service
Commission, other than the Chairman.
PART II
The Attorney-General.
The Governor of the Central Bank of
Sri Lanka.
The Auditor-General.
The Inspector-General of Police.
The Parliamentary Commissioner for
Administration (Ombudsman).
The Secretary-General of Parliament.
41D.
of the Council
There shall be a Secretary-General to the Council who shall be appointed by the
Council for a term of three years. Upon the expiration of his term of office, the Secretary-General shall be eligible for reappointment.
The Council may appoint such officers as it considers necessary for the discharge of its functions, on such terms and conditions as may be determined by the Council.
Secretary-General and other officers
41E. (1) The Council shall meet at least twice every month, and as often as may be necessary to discharge the functions assigned to the
Council by the provisions of this Chapter or by any law, and such meetings shall be summoned by the Secretary-General to the
Council on the direction of the Chairman of 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
Council shall be five members.
The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision and in the absence of a 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
Council, the Chairman or other member presiding at such meeting, shall have a casting vote.
Meetings of the Council.
The procedure in regard to meetings of the Council and the transaction of business at such meetings shall be determined by the
Council, including procedures to be followed in regard to the recommendation or approval of persons suitable for any appointment under
Article 41B or Article 41C.
Any member of the Council appointed under sub-paragraph (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. No act, proceeding or decision of the Council carried out or made by the majority vote of the members shall be or deemed to be invalid by reason only of the fact that the Council has not been fully constituted or that there has been a vacancy in its membership or that there has been any defect in the appointment of a member.
41F.
of the Council
Notwithstanding the expiration of the term of office of the members of the Council or of the members of any Commission specified in the Schedule to Article 41B, the members of the Council or of such other Commission shall continue in office until the assumption of office by the new members of the Council or of such other Commission.
Continuation in office of the members
41G. (1) The Council shall, once in every three months, submit to the President and
Parliament 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
Constitution, or by any other written law.
The Council shall have the power to make rules relating to the performance and discharge of its duties and functions. All such rules shall be published in the Gazette and be placed before Parliament within three months of such publication.
41H. The expenses incurred by the Council shall be charged on the Consolidated Fund.
41J. Subject to the provisions of Article 126, no court shall have the power or jurisdiction to entertain, hear or decide or call in question, on any ground whatsoever, or in any manner whatsoever, any decision of the Council or any approval or recommendation made by the
Council, which decision, approval or recommendation shall be final and conclusive for all purposes.”.
s 3Replacement of Chapter VIII of the Constitution
Chapter VIII of the Constitution is hereby repealed and the following Chapter is substituted therefor:-
Powers and duties of the
Council.
Expenses to be charged on the
Consolidated
Fund.
Finality of decisions of the Council.
“CHAPTER VIII
THE EXECUTIVE
THE CABINET OF MINISTERS
42.
be
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.
t o Prime
There shall be a Cabinet of Ministers charged with the direction and control of the
Government of the Republic.
The Cabinet of Ministers shall be collectively responsible and answerable to
Parliament.
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 the President’s opinion, is most likely to command the confidence of Parliament.
President to responsible
Parliament.
Minister and the Cabinet of Ministers.
44.
and
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.
The President shall, in consultation with the Prime Minister, appoint from among
Members of Parliament, Ministers, to be in charge of the Ministries so determined.
The President shall be the Minister in charge of the subject of Defence and may exercise, perform and discharge the powers, duties and functions of any Minister of the
Cabinet of Ministers or any Minister who is not a member of the Cabinet of Ministers, subject to the provisions of the Constitution, for not exceeding fourteen days during a period within which any subject or function is not assigned to any such Minister under the provisions of paragraph (1) of this Article or under paragraph (1) of Article 45 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:
Provided however, preceding provisions of this paragraph shall not preclude the President from assigning any subject or function to himself in consultation with the Prime Minister 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.
Ministers and their subjects functions.
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. (1) The President may, in consultation with the Prime Minister, appoint from among
Members of Parliament, Ministers who shall not be members of the Cabinet of Ministers.
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.
The President may at any time change any assignment made under paragraph (2).
Every Minister appointed under paragraph (1) 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 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 duty delegated notwithstanding anything to the contrary in the written law by which that
Ministers who are not members of the Cabinet of Ministers.
power or duty is conferred or imposed on such
Minister of the Cabinet of Ministers.
46.
Deputy
The President may, in consultation with 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.
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.
47.
Deputy
The total number of–
Prime
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 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–
Ministers.
Tenure of office of the
Minister, and the limitation of numbers and tenure of office of
Ministers and
Ministers.
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.
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–
is removed from office under the hand of the President in consultation with the Prime Minister;
resigns from 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 (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.
48.
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 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 47 and shall comply with the criteria set out by the
Commissioner-General of Elections and shall not cause any undue influence on the General
Election.
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.
On the death, removal from office or resignation, during the period intervening
Cabinet of
Ministers dissolution of
Parliament.
between the dissolution of Parliament and the conclusion of the General Election, of a
Minister of the Cabinet of Ministers, the
President may, in consultation with 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.
49.
of the
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 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 43, 44, 45 and 46:
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 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
Dissolution
Cabinet of
Ministers.
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 43, 44, 45 and 46.
50.
Acting
Whenever a Minister of the Cabinet of
Ministers, a Minister who is not a member of the Cabinet of Ministers or a Deputy Minister is unable to discharge the functions of his office, the President may, in consultation with 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.
51.
Deputy
(a) There shall be a Secretary to the
Prime Minister who shall be appointed by the
President.
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.
(a) 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.
Ministers and
Ministers.
Secretary to the Prime
Minister and
Secretary to the Cabinet of Ministers.
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.
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.
Notwithstanding the dissolution of the
Cabinet of Ministers under the provisions of the Constitution, the Secretary to a Ministry shall continue to hold office until a new
Secretary is appointed to such Ministry, in terms of the provisions of the Constitution:
Provided however, the Secretary to a
Ministry shall cease to hold office upon a determination by the President under Article 44 or 45 which results in such Ministry ceasing to exist.
For the purposes of this Article, the office of the Secretary to the President, the office of the Secretary to the Cabinet of 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.
or
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
Secretaries to
Ministries.
Official oath affirmation.
subscribes the oath or makes and subscribes the affirmations set out in the Fourth Schedule and Seventh Schedule.”.
s 4Amendment 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 nine members appointed by the President on the recommendation of the
Constitutional Council, of whom not less than three members shall be persons who have had over fifteen years experience as a public officer. The President on the recommendation of the Constitutional
Council shall appoint one member as its
Chairman.”;
by the repeal of paragraph (4) of that Article and the substitution therefor of the following paragraph:-
“(4) Every member of the Commission shall hold office for a period of three years from the date of appointment, unless the member becomes subject to any disqualification under paragraph (2) or earlier resigns from his office by writing addressed to the President or is removed from office by the
President with the approval of the Constitutional
Council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon the member has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6).”; and
by the substitution, in paragraph (7) of that Article, for the words and figures “subject to the provisions of Article 41A,” of the words “on the recommendation of the Constitutional Council,”.
s 5Amendment of Article 61E of the Constitution
Article 61E of the Constitution is hereby amended, in paragraph (b) of that Article, by the substitution for the words and figures “subject to the provisions of Article 41A,”
of the words “on the approval of the Constitutional
Council,”.
s 6Replacement of Article 61F of the Constitution
Article 61F of the Constitution is hereby repealed and the following Article is substituted therefor:-
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, a police officer appointed by the
National Police Commission, a scheduled public officer appointed by the Judicial Service
Commission or a member of the Sri Lanka State
Audit Service appointed by the Audit Service
Commission.”.
s 7Amendment of Article 65 of the Constitution
Article 65 of the Constitution is hereby amended as follows:-
by the substitution, in paragraph (1) of that Article, for the words and figures “subject to the provisions of Article 41A,” of the words “on the approval of the Constitutional Council,”; and
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
“Interpretation.
President may, subject to the approval of the
Constitutional Council, appoint a person to act in the place of the Secretary-General.”.