Sixteenth Amendment to the Constitution
1988
Sixteenth Amendment to the Constitution
[Certified on 17th December, 1988]
An Act to Amend the Constitution of The Democratic
Socialist Republic of Sri Lanka
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Be it enacted by the Parliament of the Democratic Socialist Republic of
Sri Lanka as follows:-
Short title
This Act may be cited as the Sixteenth Amendment to the Constitution.
Amendment of Article 20 of the Constitution
Article 20 of the Constitution of the Democratic Socialist Republic of
Sri Lanka (hereinafter referred to as the Constitution ) is hereby
amended as follows:-
(a) by the substitution, for the words " or a member of a local
authority", of the words " or a member of a Provincial Council or a
local authority"; and
(b) by the substitution, for the words " or in such local authority", of
the words " or in such Provincial Council or local authority".
Replacement of Articles 22 and 23 of the Constitution
Articles 22 and 23 of the Constitution are hereby repealed and the
following Articles substituted therefor:-
" Languages of Administration
22.
(1) Sinhala and Tamil shall be the languages of administration through
out Sri Lanka and Sinhala shall be the language of administration and be
used for the maintenance of public records and the transaction of all
business by public institutions of all the provinces of Sri Lanka other
than the Northern and Eastern Provinces where Tamil shall be used:
Provided that the President may, having regard to the proportion which
the Sinhala and Tamil linguistic minority population in any unit
comprising a division of an Assistant Government Agent, bears to the
total population of that area, direct that both Sinhala and Tamil or a
language other than the language used as the language of administration
in the province in which such area may be situate, be used as the
language of administration for such area.
(2) in any area where Sinhala in used as the language of administration
a person other than an official acting in his official capacity, shall
be entitled-
(a) to receive communications from and to communicate and transact
business with, any official in his official capacity, in either Tamil or
English;
(b) if the law recognizes his right to inspect or to obtain copies of or
extracts from any official register, record, publication or other
document, to obtain a copy of, or an extract from such register, record,
publication or other document, or a translation thereof, as the case may
be, in either Tamil or English;
(c) where a document is executed by any official for the purpose of
being issued to him, to obtain such document or a translation thereof,
in either Tamil or English.
(3) In any area where Tamil is used as the language of administration, a
person other than an official acting in his official capacity, shall be
entitled to exercise the rights and to obtain the services, referred to
in sub-paragraphs (a), (b) and (c) of paragraph (2) of this Article, in
Sinhala or English.
(4) A Provincial Council or a local authority which conducts its
business in Sinhala shall be entitled to receive communications from and
to communicate and transact business with, any official in his official
capacity, in Sinhala, and a Provincial Council or a local authority
which conducts its business in Tamil shall be entitled to receive
communications from and to communicate and transact business with, any
official in his official capacity, in Tamil:
Provided, however, that a Provincial Council, local authority, public
institution or any official receiving communications from or transacting
business with any other Provincial Council, local authority, public
institution or an official functioning in an area in which a different
language of administration shall be entitled to receive communications
from and to communicate and transact business in English.
(5) A person shall be entitled to be examined through the medium of
either Sinhala or Tamil or a language of his choice at any examination
for the admission of persons to the Public Service, Judicial Service,
Provincial Public Service, Local Government Service or any public
institution, subject to the condition that he may be required to acquire
a sufficient knowledge of Tamil or Sinhala, as the case may be, within a
reasonable time after admission to such service or public institution
where such knowledge is reasonably necessary for the discharge of his
duties:
Provided that a person may be required to have sufficient knowledge of
Sinhala or Tamil, as a condition for admission to any such service or
public institution, where no function of the office or employment for
which he is recruited can be discharged otherwise than with a sufficient
knowledge of such language.
(6) In this Article-
"official" means the President, any Minister, Deputy Minister, Governor,
Chief Minister or Minister of the Board of Ministers of a Province, or
any officer of a public institution, local authority or Provincial
Council; and
"public institution" means a department or institution of the
Government, a public corporation or statutory institution.
Language of Legislation
23.
(1) All laws and subordinate legislation shall be enacted or made and
published in Sinhala and Tamil, together with a translation thereof in
English:
Provided that Parliament shall, at the stage of enactment of any law
determine which text shall prevail in the event of any inconsistency
between texts;
Provided further that in respect of all other written laws the text in
which such written laws were enacted or adopted or made, shall prevail
in the event of any inconsistency between such texts.
(2) All Orders, Proclamations, rules, by-laws, regulations and
notifications made or issued under any written law other than by a
Provincial Council or a local authority, and the Gazette shall be
published in Sinhala and Tamil together with a translation thereof in
English.
(3) All Orders, Proclamations, rules, by-laws, regulations and
notifications made or issued under any written law by any Provincial
Council or a local authority, and all documents, including circulars and
forms issued or used by such body or any public institution shall be
published in the language used in the administration in the respective
areas in which they function, together with a translation thereof in
English.
(4) All laws and subordinate legislation in force immediately prior to
the commencement of the Constitution, shall be published in the Gazette
in the Sinhala and Tamil languages as expeditiously as possible.
Amendment of Article 24 of the Constitution
Article 24 of the Constitution is hereby amended as follows:-
(1) by the repeal of paragraph (1) of that Article, and the substitution
of the following paragraph therefor:-
"(1) Sinhala and Tamil shall be the languages of the courts throughout
Sri Lanka and Sinhala shall be used as he language of the court situated
in all areas of Sri Lanka except those in any area where Tamil is the
language of administration. The record and proceedings shall be in the
language of the court. In the event of an appeal from any court records
shall be also prepared in the language of the court hearing the appeal,
if the language of such court is other than the language used by the
court from which the appeal is preferred:
Provided that the Minister in Charge of the subject of Justice may, with
the concurrence of the Cabinet of Ministers direct that the record of
any court shall also be maintained and the proceedings conducted in a
language other than the language of the court";
(2) in paragraph (2) of that Article by the substitution for the words
"in either of the National Languages", of the words "in either Sinhala
or Tamil":
(3) in paragraph (3) of that Article -
(a) by the substitution, for the words "the appropriate National
Language", of the words "Sinhala or Tamil", and
(b) by the substitution, for the words either of "the National
Languages", of the words "such language";
(4) in paragraph (4) of that Article by the substitution for the words
"the use of a language other than a National Language", of the words
"the use of English".
Insertion of Article 25A in the Constitution
The following Article is hereby inserted immediately after Article 25,
and shall have effect as Article 25A of the Constitution-
" Provision of any law inconsistent with this Chapter deemed to be
repealed.
25A. In the event of any inconsistency between the provisions of any law
and the provisions of this Chapter, the provisions of this Chapter shall
prevail. ." .
