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Special Note to readers:
Many foreign websites
indicate this document as Constitution of Sri Lanka :), Also one
foreign legal web site show 1995 proposed constitution as the
constitution of Sri Lanka.
Internet is only few years old Sri Lankas current constitution was
passed in 1978.
Here is 1978 constitution,
People Rejected Constitution
for the Republic of Sri Lanka
CHAPTER
X
The Central Legislature
86.
(1) The President may, from time to time, by Proclamation summon,
prorogue and dissolve Parliament.
(2)
(a) A Proclamation proroguing Parliament shall fix a date for the next
session, not being more than two months after the date of the
Proclamation.
(b) At any time while Parliament stands prorogued, the President may by
Proclamation-
(i) summon Parliament for a date earlier than the date fixed under
sub-paragraph (a) of this paragraph, not being less than three days from
the date of the Proclamation under sub-paragraph (a) of this paragraph;
or
(ii) subject to the provisions of this Article, dissolve Parliament.
(3) All matters which, having been duly brought before Parliament, and
have not been disposed of at the time of the prorogation of Parliament,
may be proceeded with during the next session.
(4)
(a) A Proclamation dissolving Parliament shall fix a date or dates for
the election of Members of Parliament, and shall summon the new
Parliament to meet on a date not later than three months after the date
of such Proclamation.
(b) Upon the dissolution of Parliament by virtue of the provisions of
paragraph (2) of Article
77 the President shall forthwith by Proclamation fix a date or dates for
the election of Members of Parliament, and shall summon the new
Parliament to meet on a date not later than three months after the date
of such Proclamation.
(c) The date fixed for the first meeting of Parliament by a Proclamation
under sub-paragraph (a) or sub-paragraph (b) of this paragraph may be
varied by a subsequent Proclamation, provided that the date so fixed by
the subsequent Proclamation shall be a date not later than three months
after the date of the original Proclamation.
(5) If at any time after the dissolution of Parliament, the President is
satisfied that an emergency has arisen of such a nature that an earlier
meeting of Parliament is necessary, the President may by Proclamation
summon the Parliament which has been dissolved to meet on a date not
less than three days from the date of such Proclamation and such
Parliament shall stand dissolved upon the termination of the emergency
or the conclusion of the General Election, whichever is earlier.
87.
Parliament may adjourn from time to time as it may determine by
resolution or Standing Order, until it is prorogued or dissolved.
88.
(1) Save as otherwise provided in the Constitution, any question
proposed for decision by Parliament shall be decided by the majority of
votes of the Members present and voting.
(2) The person presiding shall not vote in the first instance but shall
have and exercise a casting vote in the event of an equality of votes.
89.
Where at any time during a meeting of Parliament the attention of the
person presiding is drawn to the fact that there are fewer than twenty
Members present, the person presiding shall, subject to any Standing
Order, adjourn the sitting without question put.
90.
(1) Subject to the provisions of the Constitution, Parliament may by
resolution or Standing Order provide for —
(a) the election of the Speaker, the Deputy Speaker and the Deputy
Chairman of Committees; and
(b) the regulation of its business, the preservation of order at its
sittings and any other matter for which provision is required or
authorized to be so made by the Constitution.
(2) Until Parliament otherwise provides by law or by resolution, the
Standing Orders of Parliament, in force immediately prior to the
commencement of the Constitution, shall, mutatis mutandis, be the
Standing Orders of Parliament.
91.
(1) Parliament has exclusive power to make laws, for the whole or any
part of the territory of the Republic, including laws having
retrospective effect, with respect to any of the matters enumerated in
List I of the Second Schedule (referred to as the “Reserved List”.)
(2) The power to make laws vested in Parliament by paragraph (1) of this
Article and Article
99,
shall be exercised by Bills passed by Parliament and certified by the
Speaker or the President as hereinafter provided.
92.
(1) Parliament shall not abdicate or in any manner alienate its
legislative power and shall not set up any authority with any such
legislative power.
(2) It shall not be a contravention of the provisions of paragraph (1)
of this Article for Parliament to make, in any law relating to public
security, provision empowering the President to make emergency
regulations in accordance with such law.
(3) It shall not be a contravention of the provisions of paragraph (1)
of this Article for Parliament to make any law containing any provision
empowering any person or body to make subordinate legislation for
prescribed purposes, including the power-
(a) to appoint a date on which any law or any part thereof shall come
into effect or cease to have effect ;
(b) to make by order any law or any part thereof applicable to any
locality or, to any class of persons ; and
(c) to create a legal person, by an order or an act,
and for the purposes of sub-paragraphs (a) and (b) of this paragraph,
“law” includes existing law.
(4) Subject to the provisions of the Constitution, any existing law
containing any such provision as aforesaid shall be valid and operative.
93.
(1) It shall be the duty of the Attorney-General to examine every Bill
for any contravention of the requirements of paragraphs (1) and (2) of
Article 100 and for any provision which cannot be validly passed except
by the special majority prescribed by the Constitution , and the
Attorney-General or any officer assisting the Attorney-General in the
performance of the duties under this Article, shall be afforded all
facilities necessary for the performance of such duties.
(2) Where the Attorney-General is of the opinion that a Bill contravenes
any of the requirements of paragraphs (1) and (2) of Article 100 or that
any provision in a Bill cannot be validly passed except by the special
majority prescribed by the Constitution, the Attorney-General shall
communicate such opinion to the President.
(3) Where an amendment is proposed to a Bill in Parliament, the
Attorney-General shall communicate the opinion of the Attorney-General
on the matter specified in paragraph (2) of this Article to the Speaker
at the stage when the Bill is ready to be put to Parliament for its
acceptance.
94.
(1) Subject to Article 166, every Bill shall be published in the Gazette
at least fourteen days before it is placed on the Order Paper of
Parliament.
(2) The passing of a Bill or a resolution by Parliament shall be in
accordance with the Constitution and the Standing Orders of Parliament.
(3) Parliament may suspend any one or more of the Standing Orders in the
circumstances and in the manner prescribed by the Standing Orders.
95.
(1) Subject to paragraphs (2) and (3) of this Article, the Speaker shall
endorse on every Bill passed by Parliament a certificate in the
following form :
“ This Bill (here state the short title of the Bill) has been duly
passed by Parliament.”
and such certificate may also state the majority by which such Bill was
passed.
(2) Where by virtue of the provisions of Article 100 or Article 101 or
Article 102 or Article 167(2) a special majority is required for the
passing of a Bill, the Speaker shall certify such Bill only if such Bill
has been passed with such special majority.
(3) Where by virtue of Article 101, the Bill or any provision thereof
requires the approval of the People at a Referendum, the certificate of
the Speaker shall further state that the Bill or such provision shall
not become law until approved by the People at a Referendum.
(4) The certificate of the Speaker under this Article shall be final and
conclusive, and shall not be called in question in any court.
96.
(1) Subject to the provisions of paragraph (2) of this Article, a Bill
passed by Parliament shall become law when the certificate of the
Speaker is endorsed thereon.
(2) Where the Cabinet of Ministers has certified that any Bill or any
provision thereof is intended to be submitted for approval by the People
at a Referendum or where the Supreme Court has determined that a Bill or
any provision thereof requires the approval of the People at a
Referendum such Bill or such provision shall become law upon being
approved by the People at a Referendum in accordance with paragraph (2)
of Article 103 only when the President certifies in the manner specified
in paragraph (3) of this Article that the Bill or provision thereof has
been so approved.
(3) The President shall, subject to paragraph (4) of this Article,
endorse on every Bill approved at a Referendum a certificate in the
following form : –
“This Bill/provision has been duly approved by the People at a
Referendum.”
and every such certificate shall be final and conclusive, and shall not
be called in question in any court.
(4) A certificate as provided in paragraph (3) shall not be endorsed by
the President on a Bill –
(a) in any case where a petition is not filed challenging the validity
of the Referendum at which such Bill was approved by the People, until
after the expiration of the period within which a petition may be filed,
under the law applicable in that behalf, challenging the validity of
such Referendum;
(b) in any case where a petition is filed challenging the validity of
the Referendum at which such Bill was approved by the People, until
after the Supreme Court has determined that such Referendum was valid.
97.
Where Bill becomes law upon the certificate of the President or the
Speaker, as the case may be, being endorsed thereon, any court or
tribunal shall not inquire into, pronounce upon or in any manner call in
question, the validity of such Act or of any provision contained therein
on any grounds whatsoever.
98.
The provisions of Article 97 shall not affect the power of the Supreme
Court under Article 168 to determine, whether or not any Act of
Parliament passed after the commencement of the Constitution or any
provision thereof is inconsistent with any provision of the
Constitution, and where it so determines, to declare such Act or
provision void to the extent of such inconsistency, where the
jurisdiction of the Court has been invoked within the period specified
in that Article.
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