Whereas it is the will of the people of Sri Lanka to establish and strengthen an order -

Wherein the sovereignty of the people is assured and the exercise of authority by their freely chosen representatives is in the nature of a sacred trust;

Wherein the principles of democracy, freedom, humanity, tolerance and equal opportunity shall be fully observed;

Wherein the dignity of the individual shall be upheld through the guaranteeing of human rights and fundamental freedoms and the rule of law;

Wherein the territories constituting the nation shall form one indissoluble union, the units whereof will be characterised by such boundaries and limitations on their powers and authority as may be prescribed; **

Wherein the territorial integrity, independence and unity of the nation including its sovereign rights over land, sea and air shall be safeguarded;

Wherein peace and fraternity among all communities shall be secured and provision made enabling all communities to enjoy and nurture their distinct culture, practice and profess their own religion and promote their own language, thus preserving the rich cultural and ethnic diversity characteristic of a plural society:

Now, therefore, we the people of Sri Lanka having solemnly resolved to constitute Sri Lanka into a free, sovereign, united and independent Republic:**

Cognisant of the sacrifices made by the people in the cause of sustaining the unity and sovereignty of the republic;

Mindful of our obligations to succeeding generations of Sri Lankans and the International Community;

Inspired by the vision of a Sri Lankan nation where all communities co-exist in equality, safety and contentment;

Conscious of the desire to achieve rapid, sustained and equitable development so that the people of Sri Lanka may prosper and attain their rightful place among the community of nations:

Do, on this (DAY) acting through our freely chosen representatives constituting the 10th Parliament of Sri Lanka established by us, hereby adopt, enact and give to ourselves**

This CONSTITUTION as the SUPREME LAW of the REPUBLIC OF SRI LANKA

** to be finalised.

1. Sri Lanka is a Sovereign Republic and shall be known as the Republic of Sri Lanka. The Republic of Sri Lanka shall be an indissoluble Union of Regions.

2. (1) The territory of the Republic shall consist of Regions, the names, boundaries and areas of which are set out in the First Schedule, the Capital Territory and its territorial waters.

(2) No Regional Administration or Regional Administrations shall attempt, by direct or indirect means, to promote or otherwise advocate an initiative towards

(a) The separation or secession of such Region or Regions from the Union of Regions constituting the Republic of Sri Lanka.

(b) Alteration of the area of such Region or Regions;

(c) Alteration of the boundaries of such Region or Regions:

(d) Alteration of the name or names of such Region or Regions;

(e) Formation of a new Region by separation of territory from any Region or by uniting two or more Regions or parts of Regions or by uniting any territory with a part of any region:

Provided that nothing in this paragraph shall be read and construed as prohibiting a Regional Administration from making representations to the Central Government regarding the matters referred to in sub- paragraph (c) of this paragraph.

3. In the Republic of Sri Lanka, sovereignty is in the People and is inalienable. Sovereignty includes the powers of Government, fundamental rights and the franchise and shall be exercised and enjoyed in the following manner -

(a) The legislative power of the People shall be exercised by parliament, Regional Councils and the People at a Referendum as hereinafter provided;

(b)The executive power of the People shall be exercised by the President of the Republic acting on the advice of the Prime Minister and the Cabinet of Ministers, and the Governors acting on the advice of the respective Chief Ministers and Regional Boards of Ministers to the extent hereinafter provided;

(c) The judicial power of the people shall be exercised through courts, tribunals and institutions created and established, or recognised, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its members, wherein the judicial power of the people may also exercised directly by Parliament according to law;

(d) The fundamental rights which are by the Constitution declared and recognised shall be respected, secured and advanced by all the organs of Government, and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; and

(e) The franchise shall be exercisable at the election of Members of Parliament, and of the members of Regional Councils, and at every Referendum by every citizen who has attained the age of eighteen years, and who, being qualified to be an elector as hereinafter provided, has his name entered in the register of electors.

4. The National Flag of the Republic of Sri Lanka shall be the Lion Flag depicted in the Third Schedule.

5. The National Anthem of the Republic of Sri Lanka shall be ``Sri Lanka Matha'', the words and music of which are set out in the Fourth Schedule.

6. The National Day of the Republic of Sri Lanka shall be the fourth day of February.

** Chapter I is subject to final approval by the Parliamentary Select Committee on the Constitution.

7. (1) The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the state to protect and foster the Buddha Sasana, while guaranteeing to all religions the rights granted by Articles 15 (1) and 15 (3).

(2) The State shall consult the Supreme Council in all matters pertaining to the protection and fostering of the Buddha Sasana.

(3) For the purpose of this Article ``Supreme Council'' means a Council established by law in consultation with the Maha Sangha.

Inherent right to life

8. Every person has an inherent right to life and no person shall be intentionally or arbitrarily deprived of his life.

Freedom from torture or cruel, inhuman or degrading treatment

9. (1) No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

(2) No restriction shall be placed on the right declared and recognised by this Article.

Freedom from arbitrary arrest, detention and punishment and prohibition of retroactive penal legislation

10. (1) No person shall be imprisoned or otherwise physically restrained except in accordance with procedure prescribed by law.

(2) No person shall be arrested except by an authorised officer acting in accordance with procedure prescribed by law under a warrant issued by a judicial officer causing such person to be apprehended and brought before a competent court:

Provided that any person authorised so to do by any law may, in the manner, and in the circumstances, prescribed by law, arrest any person without such a warrant.

(3) Any person arrested shall at the time of arrest be informed, in a language which he appears to understand, of the reason for his arrest and of his rights under paragraphs (4) and (5) of this Article.

Provided that such person, if he so requests, shall be informed in writing of the reasons of his arrest within a reasonable time.

(4) Any person arrested shall have the right to communicate with any relative or friend of his choice, and, if he so requests, such person shall be afforded means of communicating with such relative or friend.

(5) Any person arrested shall have the right to consult and retain an Attorney-at-Law shall be afforded all reasonable facilities by the State.

(6) Any person arrested shall not be detained in custody or confined for a longer period than under all the circumstances of the case is reasonable, and shall, in every case be brought before the judge of a competent court within twenty-four hours of the arrest, exclusive of the time necessary for the journey from the place of arrest to such judge, and no person shall be detained in custody beyond such period except upon, and in terms of the order of such judge.

(7) (a) Any person detained in custody or confined who is entitled, under the provisions of any law, to be released on bail or on his executing a bond, shall be so released.

(b) The amount of bail and the amount of every such bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.

(8) Any person suspected of committing an offence shall be charged or indicted or released, without unreasonable delay.

(9) Any person charged with an offence shall be entitled to be heard in person or by any Attorney-at-Law of his own choosing and shall be so informed by the judge.

(10) Any person charged with an offence shall be entitled to be tried -

(a) without undue delay;

(b) at a fair trial;

(c) by a competent court;

(d) at a public hearing:

Provided that a judge may, in his discretion, whenever he considers it necessary, in proceedings relating to sexual matters, or where the interests of juveniles so require, or in the interests of national security or public order necessary in a democratic society or in the interests of order and security within the precincts of such court, exclude therefrom such persons as are not directly interested in the proceedings.

(11) Every person shall be presumed innocent until he is proved guilty;

Provided that burden of proving particular facts may, by law, be placed on the accused.

(12) No person shall be compelled to testify against himself or to confess guilt.

(13) No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time when such offence was committed:

Provided that nothing in this Article shall prejudice the trial and punishment of any person for any act or omission which at the time when it was committed, was criminal according to the general principles of law recognised by the community of nations.

(14) Any person who has once been tried by a competent court for an offence and convicted or acquitted of such offence shall not be liable to be tried for the same offence.

(15) No person shall be punished with death or imprisonment except by order of a competent court in accordance with law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation o r trial shall, if not unreasonable having regard to the circumstances, not constitute punishment:

Provided that the arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reason of a removal order or a deportation order made under the provisions of the Immigrants and Emigrants Act or the Indo-Ceylon Agreement Implementation Act No. 14 of 1967 or other such law as may be enacted in substitution therefor, shall not be a contravention of this Article.

(16) All persons deprived of their liberty shall be treated with humanity and respect for the inherent dignity of the human person.

(17) No restriction shall be placed on the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order or for the purpose of securing due recognition and respect for the rights and freedoms of others.

Right to equality

11. (1) All persons are equal before the law and are entitled to the equal protection of the law.

(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political or other opinion, place of birth or any one of such grounds:

Provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any national language as a qualification for employment or office in the Public Service, Judicial Service, Regional Public Service or Local Government service or in the service of any public corporation, where such knowledge is reasonably necessary for the discharge of such employment or office:

Provided further that it shall be lawful to require a person to have a sufficient knowledge of any language as a qualification for any such employment or office where no function of that employment or office can be discharged otherwise than with a knowledge of that language.

(3) No person shall on the grounds of race, religion, language, caste, sex, political or other opinion, place of birth or any one of such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.

(4) Nothing in this Article shall prevent special measures being taken by law, subordinate legislation or executive action where necessary for the sole purpose of the protection or advancement of disadvantaged or underprivileged individuals or groups including those that are disadvantaged or underprivileged because of race, sex, age or mental or physical disability.

(5) No restriction shall be placed on the exercise of the rights declared and recognised by this article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order or the protection of public health or for the purpose of securing due recognition and respect for the rights and freedoms of others.

Freedom of movement

12. (1) Every person lawfully resident within Sri Lanka is entitled to the freedom of movement within Sri Lanka and of choosing his residence within Sri Lanka.

(2) Every person shall be free to leave Sri Lanka.

(3) No restrictions shall be placed on the exercise of the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security or public order or national economy or the protection of public health or morality or for securing due recognition and respect for the rights and freedoms of others.

Freedom to return to Sri Lanka.

13. Every citizen shall be entitled to return to Sri Lanka.

Right to private and family life. 14. (1) Every person has the right to respect his private and family life, his home and his correspondence and communications and shall not be subjected to unlawful attacks on his honour and reputation. (2) No restrictions shall be placed on the exercise of the right declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order or national economy or the protection of public health or morality or for securing due recognition and respect for the rights and freedoms of others.

Freedom of thought, conscience and religion.

15. (1) Every person is entitled to freedom of thought, conscience and religion including the freedom to have or to adopt a religion or belief of his choice.

(2) No restrictions shall be placed on the rights declared and recognised by paragraph (1) of this Article.

(3) Every person is entitled to the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching.

(4) No restrictions shall be placed on the rights declared and recognised by paragraph (3) of this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, or for securing due recognition and respect for the rights and freedoms of others.

Freedom of speech and expression including publication and freedom of information.

16. (1) Every person is entitled to the freedom of speech and expression including publication. This right shall include the freedom to hold opinions and to receive and impart information and ideas either orally, in writing, in print, in the form of art, or through any other medium.

(2) No restrictions shall be placed on the right declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, the protection of public health or morality, racial and religious harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement of an offence or for securing due recognition and respect for the rights and freedoms of others.

Freedom of peaceful assembly.

17. (1) Every person is entitled to the freedom of peaceful assembly.

(2) No restrictions shall be placed on the exercise of the right declared and recognised by this Article other than such restrictions prescribed by or under any law as are necessary in a democratic society in the interests of national security, public order, racial or religious harmony, the protection of public health or for the purpose of securing the due recognition and respect for the rights and freedoms of others.

Freedom of Association.

18. (1) Every person is entitled to the freedom of association.

(2) Every citizen is entitled to the freedom to form and join a trade union.

(3) No restrictions shall be placed on the exercise of the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, racial or religious harmony, national economy or for securing due recognition and respect for the rights and freedoms of others.

Right to enjoy and promote culture and use of language.

19. (1) Every citizen is entitled by himself or in association with others to enjoy and promote his own culture and to use his own language.

(2) No restriction shall be placed on the exercise of the right declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of national security, public order, racial or religious harmony or the protection of public health or morality or for securing due recognition and respect for the rights and freedoms of others.

Freedom to engage in any lawful trade, occupation, profession, business or enterprise.

20. (1) Every citizen is entitled to the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise.

(2) No restriction shall be placed on the exercise of the rights declared and recognised by this Article other than such restrictions prescribed by law as are necessary in a democratic society in the interests of the national economy, national security, public order, protection of public health or morality, the environment or for securing due recognition and respect for the rights and freedoms of others or in relation to -

(a) The professional, technical, academic, financial and other qualifications necessary for practising any profession or carrying on any occupation, trade business or enterprise, and the licensing and disciplinary control of the person entitled to such fundamental right; and

(b) The carrying on by the State, a State agency or a public corporation of any trade, business, industry, service or enterprise, whether to the exclusion, complete or partial, of citizens or otherwise. Right to own property. 21. (1) Every citizen is entitled to own property alone or in association with others.

(2) No person shall be deprived of his property except according to procedure established by law. No property shall be compulsorily acquired or requisitioned save for a public purpose or for reasons of public utility or public order and save by authority of a law which provides for the payment of fair compensation.

Operation of certain fundamental rights in their application to armed forces to be subject to restrictions prescribed by law.

22. The exercise and operation of the fundamental rights declared and recognised by Article 10, 11, 12, 14, 15(3), 16, 17 and 18 shall in their application to the armed forces, the police force and other forces charged with the maintenance of public order be subject to such restrictions as may be prescribed by or under any law in the interests of the proper discharge of their duties and the maintenance of discipline among them.

Derogation in times of public emergency.

23. (1) In time of public emergency the existence of which is duly proclaimed, subject to paragraphs (2) and (3), measures may be prescribed by law derogating from the exercise and operation of the fundamental rights declared and recognised in this Chapter to the extent strictly required by the exigencies of the situation and necessary in a democratic society, provided that such measures do not involve discrimination solely on the grounds of race, class, religion, gender, language, caste, national or social origin. For the purpose of this Article ``law'' includes regulations made under the law for the time being in force relating to public security.

(2) There shall be no derogation from any of the rights declared and recognised by Articles 8, 9, 10(1), 10(2), 10(10), 12, 13 and 15.

(3) There shall be no derogation from the right declared and recognised by Article 10 (6) unless at the same time legal provision is made requiring -

(i) A Magistrate having jurisdiction to be promptly informed of the arrest, and

(ii) The person arrested to be produced before such Magistrate within such time as is reasonable in all the circumstances of the case.

Existing written law and unwritten law.

24. All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the provisions of this Chapter.

Subjection on a Court order not to be a contravention.

25. The subjection of any person on the order of a court to any form of punishment recognised by any written law shall not be a contravention of the provisions of this Chapter.

Remedy for the infringement of fundamental rights by State action

26. Every person shall be entitled to apply to the Supreme Court as provided by Article 168 in respect of the infringement or imminent infringement, by State action, including executive or administrative action, of a fundamental right to which such person is entitled under the provisions of this Chapter, or by judicial action by courts exercising original criminal jurisdiction, of a fundamental right to which such person is entitled under Article 10:

Provided that where the person aggrieved is unable or incapable of making an application under Article 168 by reason of physical, social or economic disability or other reasonable cause, and application may be made on behalf of such a person, by any relative or friend of such person if the person aggrieved, raises no objection to such application:

Provided further that an application under this Article may be made, in the public interest, on behalf of any person or persons aggrieved, by any other person or by any incorporated or unincorporated body of persons.

Official languages.

27. The Official languages of Sri Lanka shall be Sinhala and Tamil.

National languages.

28. The national languages of Sri Lanka shall be Sinhala, Tamil and English.

Use of languages in Parliament & Country.

29. A Member of Parliament or a Member of a Regional Council or a member of a local authority shall be entitled to perform his duties and discharge his functions in Parliament or in such Regional Council or local authority in any of the National Languages.

Languages of administration.

30. (1) Sinhala and Tamil shall be the languages of administration throughout Sri Lanka.

(2) Sinhala shall be the language used for the maintenance of public records by public institutions, Regional Councils and local authorities in all the Regions of Sri Lanka other than the northern and eastern regions where Tamil shall by used.

(3) Sinhala and Tamil shall be used as the languages for the maintenance of public records by public institutions, Regional Councils or local authorities in any area comprising a division of a divisional secretary where the Sinhala or Tamil linguistic minority, as the case may be, in such area exceeds one fifth of the total population of that area.

(4) In any area where Sinhala is used as a language for the maintenance of public records, a person shall be entitled -

(a) To receive communication from and to communicate and transact business with, any official in his official capacity, in either Tamil or English and to receive a response to such communication from such official in the language in which he communicated.

(b) If the law recognises 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 an official for the purpose of being issued to him, to obtain such document or a translation thereof, in either Tamil or English;

(d) To give information as regards any birth, death or marriage or with regard to the commission of an offence to a Police or peace officer in either Tamil or English.

Rights in Tamil speaking areas.

31. In any area where Tamil is used as a language for the maintenance of public records, a person shall be entitled to exercise the rights and to obtain the services referred to in sub-paragraphs (a), (b), (c) and (d) of paragraph (4) of Article 30 in Sinhala or English.

Rights of Regional Councils.

32. A Regional Council or 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 Regional Council or a local authority which conducts its business in Tamil shall be entitled to receive communications form and to communicate and transact business with, any official in his official capacity, in Tamil:

Provided, however, that a Regional Council, local authority, public institution or any official receiving communications from or transacting business with any other Regional Council, local authority, public institution or any officia l functioning in an area in which a different language is used as the language of administration shall be entitled to receive communications from and to communicate and transact business in English.

Language of examinations.

33. A person shall be entitled to be examined through the medium of either Sinhala or Tamil or English at any examination for the admission of persons to the Public Service, Judicial Service, Regional 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 a sufficient knowledge of Sinhala or Tamil or English 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.

Language of legislation.

34. All laws and subordinate legislation shall be enacted in Sinhala, Tamil and English.

In the event of any inconsistency between such texts, each text shall be regarded as equally authoritative unless parliament shall otherwise provide at the stage of enactment of any law.

Subordinate legislation.

35. All Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law other than by a Regional Council or a local authority, and the Gazette shall be published in Sinhala, Tamil and English.

Subordinate legislation by Regional Council or Local Authorities.

36. All Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law by a Regional Council or a local authority, and all documents, including circulars and forms issued by any such body or any public institution shall be published in the language used as the language of record in the respective areas in which they function, together with a translation thereof in English.

Laws and subordinate legislation already in force.

37. All laws and subordinate legislation in force immediately prior to the commencement of the Constitution, shall be published in the Gazette in Sinhala and Tamil as expeditiously as possible.

Language of Courts.

38. Sinhala and Tamil shall be the language of the courts throughout Sri Lanka.

Language of record and proceedings in Courts.

39. Sinhala shall be used as the language of the record and proceedings in courts situated in all the areas of Sri Lanka except in the Northern and Eastern Regions. In the event of any appeal from any court, the record shall also be 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 national language other than the language of the court.

Initiating proceedings in Courts.

40. Any party or applicant or any person legally entitled to represent such party or applicant may initiate proceedings and submit to court pleadings and other documents, and participate in the proceedings in court in Sinhala, Tamil or English.

Providing interpretations and translations in proceedings.

41. Any judge, juror, party or applicant or any person legally entitled to represent such party or applicant, who is now conversant with the language used in a court shall be entitled to provided by the State with interpretation and to translation into Sinhala, Tamil or English, to enable him to understand and participate in the proceedings before such court, and shall also be entitled to obtain in such language any such part of the record or a translation thereof, as the case m ay be, as he may be entitled to obtain according to law.

Permitting the use of English.

42. The Minister in charge of the subject of Justice may, with the concurrence of the Cabinet of Ministers, issue directions permitting the use of English in or in relation to the records and proceedings in any court for all purposes or for such purposes as may be specified therein. Every judge shall be bound to implement such directions:

Provided that every judge may at the request of the parties to any proceedings use English in relation to the records and proceedings where the use of such language would facilitate the expeditious conclusion of such proceedings.

Medium of instruction.

43. A person shall be entitled to be educated through the medium of either Sinhala or Tamil and if facilities are available, through the medium of English.

Right to education in any national language.

44. A person shall be entitled to be instructed in any course, department or faculty of any university in any national language of his choosing if instruction in such language at such University is reasonably practicable.

Use of one national language where medium of instruction is another national language.

45. Where one national language is a medium of instruction for or in any course, department or faculty of any University directly or indirectly financed by the State, the other national languages shall also be made media of instruction for or in such course, department or faculty for students who prior to their admission to such University, were educated through the medium of such other national language:

Provided that compliance with the preceding provisions of this paragraph shall not be obligatory if such other national language is the medium of instruction for or in any like course, department or faculty either at any other campus or branch of such University or of any other like University.

Facilities for the use of languages.

46. The State shall provide adequate facilities for the use of the languages provided for in this Chapter.

This Chapter to prevail in the event of inconsistency.

47. 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.

Interpretation.

48. In this Chapter -

``court'' means any court or tribunal created and established for the administration of justice including the adjudication and settlement of industrial and other disputes or any other tribunal or institution exercising judicial or quasi-judicial functions or any tribunal or institution created and established for the conciliation and settlement of disputes:

``judge'' includes the President, Chairman, presiding officer and a member of any court;

``official'' means the President, any Minister, Deputy Minister, Governor, Chief Minister or Minister of the Board of Ministers of a region, or any officer of a public institution, local authority or Regional Council;

``public institution'' means a department or institution of the government, a public corporation or statutory institution;

``record'' includes pleadings, judgements, orders and other judicial and ministerial acts; and

``university'' includes any institution of higher education.

Citizenship of Sri Lanka

49. (1) There shall be one status of citizenship known as "the status of a citizen of Sri Lanka."

(2) A citizen of Sri Lanka shall for all purposes be described only as a "citizen of Sri Lanka", whether such person became entitled to citizenship by descent or by virtue of registration in accordance with the law relating to citizenship or by the operation of any law.

(3) No distinction shall be drawn between citizens of Sri Lanka for any purpose by reference to the mode of acquisition of such status, as to whether acquired by descent or by virtue of registration or by the operation of any law.

(4) No citizen of Sri Lanka shall be deprived of his status of a citizen of Sri Lanka, except under and by virtue of the provisions of sections 19, 20, 21 and 22 of the Citizenship Act:

Provided that the provisions of sections 23 and 24 of that Act shall also be applicable to a person who became entitled to the status of a citizen of Sri Lanka by virtue of registration under the provisions of section 11, 12 or 13 of that Act.

(5) Every person who immediately prior to the commencement of the Constitution was a citizen of Sri Lanka, whether by descent or by virtue of registration in accordance with any law relating to citizenship or by the operation of any law, shall be entitled to the status and to the rights of a citizen of Sri Lanka as provided in the preceding provisions of this Article.

(6) The provisions of all existing written law relating to citizenship and all other existing written laws wherein reference is made to citizenship shall be read subject to the preceding provisions of this article.

Directive Principles of State Policy

50. The following principles shall guide the state in making laws and the governance of Sri Lanka-

(a) The State shall strengthen national unity recognising the plural and multi-ethnic character of Sri Lankan society and by promoting co- operation and mutual trust, confidence and understanding among all sections of the people of Sri Lanka.

(b) The State shall assist the development of the cultures and languages of the people.

(c) The State shall safeguard and strengthen the democratic structure of government and the democratic rights of the people.

(d) The State shall establish a just, equitable and moral social order the objectives of which include-

(i) The full realisation of the fundamental rights and freedoms of all persons,

(ii) Securing and protecting effectively a social order in which social, economic and political justice shall inform all institutions of national life;

(iii) The elimination of economic and social privileges, disparity and exploitation;

(iv) The equitable distribution of the material resources of the community and the social product;

(v) The realisation of an adequate standard of living for all citizens and their families including adequate food, clothing, housing and medical care;

(vi) Ensuring social security and welfare;

(vii) Raising the moral, cultural and educational standards of the people and facilitating the full development of the human personality;

(viii) The creation of the necessary economic and social environment to enable people of all religious faiths to make a living reality of their religious principles.

(e) The State shall develop the whole country by means of appropriate public and private economic activity.

(f) The State shall protect and preserve and improve the environment and safeguard the reefs, shores, forests, lakes, watercourses and wildlife of Sri Lanka.

(g) The State shall protect and preserve every monument or place or object of artistic or historic interest declared by or under law to be of national importance.

(h) The State shall promote international peace, security and co- operation, and the establishment of a just and equitable international economic and social order, and shall respect, and foster respect for, international law and treaty obligations in dealings with and among nations.

(i) The State shall strengthen, respect and foster respect for, international instruments relating to human rights and humanitarian law to which Sri Lanka is a signatory.

Fundamental duties

51. It shall be the duty of every citizen to-

(a) uphold and protect the sovereignty, unity and integrity of Sri Lanka;

(b) uphold and defend the Constitution and its ideals and institutions;

(c) foster national unity and promote harmony amongst all the people of Sri Lanka;

(d) respect the rights and freedoms of others;

(e) value and preserve the rich heritage of our composite culture;

(f) protect and improve the environment and conserve its riches;

(g) safeguard and preserve artistic or historical objects and places of national importance;

(h) safeguard and protect public property and combat its waste or misuse;

(i) refrain from directly or indirectly participating in bribery or corruption;

(j) uphold the rule of law and abjure violence;

(k) work conscientiously in a person's chosen occupation.

Principles of State Policy and Fundamental duties not justifiable.

52. (1) The provisions of this Chapter do not confer or impose legal rights or obligations, and are not enforceable in any court or tribunal. No question of inconsistency with such provisions shall be raised in any court or tribunal.

(2) In this Chapter, the expression "State" includes a regional administration and a Regional Council.

President of the Republic.

53. There shall be a President of the Republic of Sri Lanka, who is the Head of the State, and the Commander-in-Chief of the Armed Forces.

Election of President

54. (1) Subject to the provisions of the Constitution, any citizen who is qualified as an elector may be elected by Parliament to the office of President of the Republic of Sri Lanka, in accordance with the provisions of paragraph (3) of this Article and with such procedure as may be provided for by law or standing orders, and by at least two- thirds of the whole number of Members of Parliament (including those not present) voting in his favour; and the person so elected shall assume office as President of the Republic of Sri Lanka upon his taking the following oath or making the following affirmation before the Chief Justice or, in the absence of the Chief Justice, any other Judge of the Supreme Court:

"I ....... do solemnly declare and affirm/swear that I will be faithful and bear true allegiance to the Republic of Sri Lanka, that I will uphold the Constitution of Sri Lanka and shall faithfully perform the duties and functions of the office of President of the Republic of Sri Lanka in accordance with the Constitution and with the law."

(2) Upon the assumption of office, the President shall cease to hold any other office created or recognised by the Constitution and if he is a Member of Parliament or a Regional Council shall vacate his seat in Parliament or Regional Council, as the case may be. The President shall not hold any other office or place of profit whatsoever.

(3) The election of the President shall, whenever such election is contested, be according to the principle of the single transferable vote and Parliament shall by law or Standing Orders provide for all matters relating to the procedure for the election of the President by Parliament and all other matters necessary or incidental thereto.

Powers of President.

55. 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 -

(a) to make the statement of government policy in Parliament at the commencement of each session of Parliament;

(b) to preside at ceremonial sittings of Parliament;

(c) to summon, prorogue and dissolve Parliament;

(d) to appoint the Prime Minister, the other Ministers of the Cabinet and Deputy Ministers, and Governors of Regions;

(e) to receive and recognise, appoint and accredit Ambassadors, High Commissioners, Plenipotentiaries and other diplomatic agents;

(f) 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 Governors of Regions, the Chief Justice and other Judges of the Supreme Court, the Court of Appeal and the Regional High Court, such grants and dispositions of lands and immovable property vested in the Republic as heirs by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that Seal;

(g) to declare war and peace;

(h) 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;

(i) to declare a state of emergency within a Region and to dissolve a Regional Council, in accordance with the provisions of the Constitution; and

(j) to do all such acts and things, not being inconsistent with the provision of the Constitution or written law as by international law, custom or usage he is required or authorised to do.

Grant of Pardon

56. (1) The President may in the case of any offender, convicted of any offence in any Court within the Republic of Sri Lanka -

(a) grant a pardon either free or subject to lawful conditions;

(b) grant any respite, either indefinite or for such period as the President may think fit, of the execution of any sentence passed on such offender;

(c) substitute a less severe form of punishment, for any punishment imposed on any such offender;

(d) remit the whole or any part of any punishment imposed, or of any penalty or forfeiture otherwise due to the Republic, on account of such offence:

Provided that where any offender shall have been condemned to suffer death by the sentence of any Court, the President shall cause a report to be made to him by the Judge who tried the case and shall forward such report to the Attorney-General with instructions that after the Attorney-General has advised thereon, the report shall be sent together with the Attorney-General's advice to the Minister in charge of the subject of Justice, who shall forward the report with his recommendation to the President.

(2) The President may in the case of any person who is or has becomes subject to any disqualification specified in any law relating to the election of members of Parliament -

(a) grant a pardon, either free or subject to lawful conditions; or

(b) reduce the period of such disqualification.

Immunity of President from suit

57. 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 in his official capacity.

Salary Allowances and Pension of the President

58. (1) Parliament shall by resolution determine the salary, allowances and pension entitlement of the holders of the office of President. Such pension shall be in addition to any other pension to which such person is entitled by virtue of any prior service.

(2) The salary, allowances and pension of the President shall be charged on the Consolidated Fund.

(3) Parliament may by resolution increase, but shall not reduce, the salary, allowances or pension entitlement of the holder of the office of President.

Term of office and vacation of office by President

59. (1) Subject to the provisions of paragraph (2) of this Aarticle, the President shall hold office for period of five years:

Provided that, notwithstanding the expiration of this period, the President shall remain in office until the next President assumes office.

(2) No person who has been twice elected to the Office of President by Parliament shall be qualified thereafter to be elected to such office by Parliament.

(3) The Office of President of the Republic of Sri Lanka shall become vacant -

(a) upon the death of the President; or

(b) on the President resigning his office by a writing addressed to the Speaker; or

(c) on a unanimous decision by a committee consisting of the Speaker, Prime Minister and Leader of the Opposition that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity; or

(d) on Parliament passing by at least two-thirds of the whole number of members of Parliament (including those not present) voting in its favour a resolution of no-confidence against the President, introduced by any Member by a written notice, addressed to the Speaker and signed by such Member and by at least half the total number of members of Parliament.

President to act on the advice of the Prime Minister

60. (1) The President shall always, except on the appointment of the Prime Minister and as otherwise required by the Constitution, act on the advice of the Prime Minister, or of such other Minister to whom the Prime Minister may have given authority to advise the President on any particular function assigned to that Minister.

(2) No institution administering justice and likewise no other institution, person or authority shall have the power or jurisdiction to inquire into, pronounce upon or in any manner call in question any act or omission on the part of the President on the ground that the provisions of paragraph (1) of this Article have not been complied with.

Temporary vacation of office of President

61. (1) Whenever the President is prevented by illness or any other cause from performing the duties of his office, or is absent from Sri Lanka, or during any period in which the office of President of the Republic of Sri Lanka is otherwise vacant, the Chief Jusutice shall act in the office of the President of the Republic of Sri Lanka unless another person is elected by Parliament to act in such office; such person shall, before assuming office, take the oath in the form and manner prescribed in Article 54.

(2) Any person acting in the office of the President of the Republic of Sri Lanka shall not continue to act after the President or some other person having a prior right to act in such office has notified that he has assumed or is about to assume or resume such office.

(3) The provisions of the Constitution relating to the President shall apply, in so far as they can be applied to an acting President.

Responsibility of the President

62. The President shall be responsible to Parliament for the due execution and performance of the powers and functions of his office under the Constitution and under any other law, including the law for the time being relating to public security.

Cabinet of Ministers

63. (1) There shall be a Cabinet of Ministers charged with the direction and control of the matters for which they are responsible and shall be collectively responsible to Parliament on all such matters.

(2) Of the Ministers, one who shall be the Head of the Cabinet of Ministers shall be the Prime Minister. 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 and such member shall assume office as Prime Minister upon taking the following oath or making the following affirmation:-

"I,.........................,do solemnly declare and affirm/swear that I will be faithful and bear true allegiance to the Republic of Sri Lanka and that I will uphold the Constitution of Sri Lanka and shall faithfully perform the duties and functions of the Office of Prime Minister in accordance with the Constitution and with the law.

Appointment of a Prime Minister on the death or resignation of a Prime Minister.

64. Subject to the provisions of Article 63, upon the death or the resignation of the Prime Minister, or where the Prime Minister is deemed to have resigned, the President shall appoint a Prime Minister, who shall assume office as Prime Minister upon taking the oath or making the affirmation as referred to in Article 63.

Ministers of Cabinet and their subjects and functions.

65. (1) The Prime Minister shall determine the number of Ministers and Ministries and the assignment of subjects and functions to Ministers.

(2) The President shall, on the advice of the Prime Minister, appoint from among the members of Parliament Ministers to be in charge of the Ministries so determined.

(3) The Prime Minister may at any time change the assignment of subjects and functions and recommend to the President changes in the composition of the Cabinet of Ministers. Such changes shall not affect the continuity of the Cabinet of Ministers, including the continuity of its responsibility to Parliament.

Deputy Ministers

66. (1) The President may, on the advice of the Prime Minister, appoint from among the Members of Parliament, Deputy Ministers to assist the Ministers in the performance of their duties pertaining to Parliament and to their departments and to exercise and perform such powers and duties of the Ministers under written law as may be delegated to such Deputy Ministers under paragraph (2) of this Article.

(2) A Minister may, by notification published in the Gazette, delegate to his Deputy Minister any of the powers or duties conferred or imposed on the Minister by any written law, and it shall be lawful for the Deputy Minister to exercise or 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 the Minister.

Tenure of office of the Ministers and Deputy Ministers.

67. A Minister or 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 -

(a) is removed by a writing under the hand of the President or

(b) resigns his office by a writing under his hand addressed to the President; or

(c) save in the circumstances set out in Article 68 ceases to be a Member of Parliament.

Cabinet of Ministers after dissolution of Parliament.

68. The Cabinet of Ministers functioning immediately prior to the dissolution of Parliament shall, notwithstanding such dissolution, continue to function during the period intervening between dissolution and the conclusion of the General Election.

Dissolution of the Cabinet of Ministers.

69. (1) On the death or resignation of the Prime Minister or when the Prime Minister is deemed to have resigned, the Cabinet of Ministers shall stand dissolved and the other Ministers shall cease to hold office.

(2) The provisions of paragraph (1) of this Article shall not operate if the death or resignation of the Prime Minister occurs in the period referred to in Article 68 and in that event, the Cabinet of Ministers shall continue to function with the other Ministers as its members until the expiration of that period. The President shall appoint one from among such Ministers to be the Prime Minister.

(3) If on the death or resignation of the Prime Minister in the period referred to in Article 68 there is no other Minister, the President shall exercise and perform the powers and functions of the Cabinet of Ministers functioning under Article 68 until the conclusion of the General Election.

Resignation of the Prime Minister.

70. The Prime Minister shall be deemed to have resigned.

(a) at the conclusion of a General Election or

(b) if Parliament rejects the Appropriation Bill or the Statement of Government Policy or Parliament passes a vote of no-confidence in the Government.

Acting Ministers and Acting Deputy Ministers.

71. Whenever a Minister or a Deputy Minister is unable to perform the functions of his office, the President may appoint any Member of Parliament to act in place of such Ministers or Deputy Minister.

Secretary to the Cabinet of Ministers.

72. There shall be a Secretary to the Cabinet of Ministers who shall be appointed by the President. The Secretary shall, subject to the directions of the Prime Minister, have charge of the office of the Cabinet of Ministers, and shall discharge and perform such other duties and functions as may be assigned to him by the Prime Minister or the Cabinet of Ministers.

Secretaries to Ministries.

73. (1) There shall be for each Ministry a Secretary who shall be appointed by the President.

(2) The Secretary to a 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.

(3) For the purpose of this Article the Office of the Secretary General of Parliament, the Elections Commissioner, the Elections Commission, the Department of the Auditor-General, the Office of the Secretary to the Cabinet of Ministers, the office of the Parliamentary Commissioner for Administration (Ombudsman) and the Office of the Commission to Investigate Allegations of Bribery or Corruption shall be deemed not to be departments of Government.

(4) The President may transfer any Secretary to a Ministry to any other post in the Public Service.

Official Oath.

74. No person appointed to any office referred to in this Chapter shall enter upon the duties of his office unless he takes or makes the special oath or affirmation prescribed for his office or where no such oath or affirmation is prescribed, the oath or affirmation set out in Schedule

Parliament.

75. (1) There shall be a Parliament which shall consist of 196 members elected by the electors of the several electoral districts constituted in accordance with the provisions of the Constitution, and 29 members elected in accordance with Article 112.

(2) Unless parliament is sooner dissolved, every Parliament shall continue for six years from the date appointed for its first meeting and no longer, and the expiry of the said period of six years shall operate a dissolution of Parliament.

Official Oath.

76. Except for the purpose of electing the Speaker, no Member shall sit or vote in Parliament until he has taken and subscribed the following oath, or made and subscribed the following affirmation, before Parliament;-

``I . . . . . do solemnly declare and affirm-swear that I will uphold and defend the Constitution of the Republic of Sri Lanka.''

Speaker, Deputy Speaker and Deputy Chairman of Committees.

77. (1) Parliament shall, at its first meeting after a General Election, elect three Members to be respectively the Speaker, the Deputy Speaker and Chairman of Committees (hereinafter referred to as the ``Deputy Speaker'') and the Deputy Chairman of Committees thereof.

(2) A Member holding office as the Speaker or the Deputy Speaker or the Deputy Chairman of Committees shall vacate such office -

(a) if he ceases, save upon a dissolution of Parliament, to be a Member of Parliament; or

(b) if he resigns his office by writing under his hand addressed to the President.

(3) Whenever the office of Speaker, Deputy Speaker or Deputy Chairman of Committees becomes vacant, Parliament shall at its first meeting after the occurrence of the vacancy, elect another Member to be the Speaker, the Deputy Speaker or the Deputy Chairman of Committees, as the case may be.

(4) The members holding office respectively as Speaker, Deputy Speaker and Deputy Chairman of Committees immediately prior to the dissolution of Parliament shall, unless they vacate office earlier and notwithstanding such dissolution, continue to hold such office until the conclusion of the General Election.

(5) The Speaker, or in his absence the Deputy Speaker, or in their absence the Deputy Chairman of Committees, shall preside at sittings of Parliament. If none of them is present, a Member elected by Parliament for the sitting shall preside at that sitting of Parliament.

Secretary -General of Parliament.

78. (1) There shall be a Secretary -General of Parliament who shall be appointed by the President and who shall hold office during good behaviour.

(2) The salary of the Secretary -General shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(3) The members of the staff of the Secretary -General shall be appointed by him with the approval of the Speaker.

(4) The salaries of the members of the staff of the Secretary- General shall be charged on the Consolidated Fund.

(5) The office of the Secretary -General shall become vacant -

(a) upon his death;

(b) on his resignation in writing addressed to the President;

(c) on his attaining the age of sixty years, unless Parliament otherwise provides by law;

(d) on his removal by the President on account of ill health or physical or mental infirmity; or

(e) on his removal by the President upon an address of Parliament.

(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.

Vacation of seats.

79. The seat of a Member shall become vacant -

(a) upon his death;

(b) if, by a writing under his hand addressed to the Secretary- General of Parliament, he resigns his seat;

(c) upon his assuming the office of President consequent to his election to such office, by Parliament;

(d) if he becomes subject to any disqualification specified in Article 101 and 102;

(e) if he becomes a member of the Public Service or a Regional Public Service or an employee of a public corporation or, being a member of the Public Service or a Regional Public Service or an employee of a public corporation, does not cease to be member of such service or an employee of such corporation, before he sits in Parliament;

(f) if, without the leave of Parliament first obtained, he absents himself from the sittings of Parliament during a continuous period of three months;

(g) if his election as a Member is declared void under the law in force for the time being;

(h) upon the dissolution of Parliament; or

(i) upon a resolution for his expulsion being passed in terms of Article 93.

Privileges and Powers of Parliament and its members.

80. The privileges, immunities and powers of Parliament and of its members may be determined and regulated by Parliament by law, and until so determined and regulated, the provisions of the Parliament (Powers and Privileges) Act, shall, mutatis mutandis, apply.

Remuneration and allowances of Members.

81. Ministers, Deputy Ministers and Members, including the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, shall be paid such remuneration or allowance as may be provided by Parliament, by law or by resolution, and the receipt thereof shall not disqualify the recipient from sitting or voting in Parliament.

Power to act notwithstanding vacancies

82. Parliament shall have power to act notwithstanding any vacancy in its membership, and its proceedings shall be valid notwithstanding that it is discovered subsequently that a person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

Sessions of Parliament

83. (1) The President may, from time to time, by Proclamation summon, prorogue and dissolve Parliament.

(2) Parliament shall be summoned to meet once at least in every year.

(3) A Proclamation proroguing Parliament shall fix a date for the next session, not being more than two months after the date of the Proclamation:

Provided that, at any time while Parliament stands prorogues, the President may by Proclamation -

(i) summon Parliament for an earlier date, not being less than three days from the date of such Proclamation, or

(ii) subject to the provisions of this Article, dissolve Parliament.

(4) All matters which, having been duly brought before Parliament, have not been disposed of at the time of the prorogation of Parliament, may be proceeded with during the next session.

(5) (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 75 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) 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.

(6) 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, he 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.

Adjournment

84. Parliament may adjourn from time to time as it may determine by resolution or Standing Order, until it is prorogued or dissolved.

Voting

85. (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.

Quorum

86. If 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.

Standing Orders

87. (1) Subject to the provisions of the Constitution, Parliament may by resolution or Standing Order provide for -

(i) the election and retirement of the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, and

(ii) the regulation of its business, the preservation of order of at its sittings and any other matter for which provision is required or authorised 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.

Legislative Power

88. Notwithstanding anything in this Constitution, Parliament shall have power to make law, repealing or amending any provision of the Constitution, or adding any provision to the Constitution:

Provided that Parliament shall not make any law -

(a) suspending the operation of the Constitution or any part thereof; or

(b) repealing the Constitution as a whole unless such law also enacts a new Constitution to replace it

Publication and Passing of Bills

89. (1) 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. Any one or more of the Standing Orders may be suspended by Parliament in the circumstances and in the manner prescribed by the Standing Orders.

Certificate of Speaker

90. The Speakers 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.''

Such certificate may also state the majority by which such Bill was passed:

Provided that where by virtue of the provisions of Article 94 or Article 95 or Article 96 or Article 164(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: Provided further that where by virtue of Article 95, the Bill or any provision thereof requires the approval of the People at a Referendum, such certificate shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum.

When Bill becomes law

91. (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 97 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form:

``This Bill/provision has been duly approved by the People at a Referendum.''

Every such certificate shall be final and conclusive, and shall not be called in question in any court.

Validity of Acts not to be questioned

92. Subject to the provisions of Article 165, where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be, being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of such Act or of any provision contained therein on any ground whatsoever.

Imposition of Civic disability

93. (1) Where a Special Presidential Commission of Inquiry established under the Special Presidential Commission of Inquiry Law and consisting of a member or members each of whom is a Judge of the Supreme Court, Court of Appeal, High Court or the District Court recommends that any person should be made subject to civic disability by reason of any act done or omitted to be done by such person before or after the commencement of the Constitution, Parliament may by resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour -

(a) impose civic disability on such person for a period not exceeding seven years; and

(b) expel such person from Parliament, if he is a Member of Parliament.

Where a Special Presidential Commission of Inquiry consists of more than one member, a recommendation made by the majority of such members, in case of any difference of opinion, shall be, and shall be deemed for all purposes to be, the recommendation of such Commission of Inquiry.

(2) No such resolution shall be entertained by the Speaker or placed on the Order Paper of Parliament unless introduced by the Prime Minister with the approval of the Cabinet of Ministers.

(3) The Speaker shall endorse on every resolution passed in accordance with the preceding provision of this Article a certificate in the following form:

``This resolution has been duly passed by Parliament in accordance with the provisions of Article 93 of the Constitution''.

Every such certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, or pronounce upon or in any manner call in question, the validity of such resolution on any ground whatsoever.

(4) In this Article, ``District Court'' means a District Court created and established by existing law and includes a court that may be created by Parliament to exercise and perform powers and functions corresponding or substantially similar to the powers and functions exercised and performed by the District Court.

Amendment or repeal of the Constitution must be express.

94. (1) No bill for the amendment of any provision of the Constitution shall be placed on the Order Paper of Parliament unless the provision to be repealed, altered or added, and consequential amendments, if any, are expressly specified in the Bail and is described in the long title thereto as being an Act for the amendment of the Constitution.

(2) No Bill for the repeal of the Constitution shall be placed on the Order Paper of Parliament unless the Bill contains provisions replacing the Constitution and is described in the long title thereof as being an Act for the repeal and replacement of the Constitution.

(3) If in the opinion of the Speaker, a Bill does not comply with the requirements of paragraph (1) or paragraph (2) of this Article, he shall direct that such bill be not proceeded with unless it is amended so as to comply with those requirements.

(4) Notwithstanding anything in the preceding provisions of this Article, it shall be lawful for a Bill which complies with the requirements of paragraph (1) for paragraph (2) of this Article to be amended by Parliament provided that the Bill as so amended shall comply with those requirements.

(5) A Bill for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution shall become law if the number of votes cast in favour thereof amounts to not less than two thirds of the whole number of Members (including those not present) and upon a certificate by the President or Speaker, as the case may be, being endorsed thereon in accordance with the provisions of Article 90, or 91.

(6) No provision in any law shall, or shall be deemed to, amend, repeal or replace the Constitution or any provision thereof, or be so interpreted or construed, unless enacted in accordance with the requirements of the preceding provisions of this Article.

(7) In this Chapter, ``amendment'' includes repeal, alteration and addition.

Approval of certain Bills at a referendum.

95. Notwithstanding anything to the contrary in the provisions of Article 94 -

(a) a Bill for the amendment or the repeal and replacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9 and 15 or this Article; and

(b) a Bill for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 75 which would extend the duration of Parliament to over six years, shall become law if the number of votes cast in favour thereof, amounts to not less than two-thirds of the whole number of Members (including those not present) is approved by the People at a Referendum and a certificate endorsed thereon by the President in accordance with Article

91. Bills inconsistent to the Constitution.

96. (1) A Bill which is not for the amendment of any provision of the Constitution or for the repeal and replacement of the Constitution, but which is inconsistent with any provision of the Constitution may be placed on the Order Paper of Parliament without complying with the requirements of paragraphs (1) or paragraph (2) of Article 94.

(2) Where the Cabinet of Ministers has certified that a Bill is intended to be passed by the special majority required by this Article or where the Supreme Court has determined that a Bill requires to be passed by such special majority, such Bill shall become law only if the number of votes cast in favour thereof amounts to not less than two- thirds of the whole number of Members (including those not present) and a certificate by the President and the Speaker, as the case may be, is endorsed thereon in accordance in the case provisions of Article 90 or Article 91.

(3) Such a Bill when enacted into law shall not, and shall not be deemed to, amend, repeal or replace the Constitution or any provision thereof, and shall not be so interpreted or construed, and may thereafter be repealed by a majority of the votes of the Members present and voting.

Submission of Bills to People by Referendum.

97. (1) The president shall submit to the people by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the people at a Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum, if the number of votes cast in favour of such Bill, amounts to not less than two-thirds of the whole number of Members (including those not present).

(2) Any Bill or any provision in any Bill submitted to the people at a Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum:

Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved by the People only if approved by not less than one third of the whole number of such electors.

Submission of matters of national importance to people by referendum.

98. The President may, subject to the provisions of Article 97, submit to the People at a Referendum any matter which in the opinion of the President is of national importance.

Parliament to provide for procedure.

99. (1) Every Referendum shall be conducted by the Elections Commission and the Commissioner of Elections shall communicate the result thereof to the President.

(2) Parliament shall by law provide for all matters relating to the procedure for the submission of Bills and of matters of national importance to the People by Referenda, the register of electors to be used at a Referendum, the creation of offences relating thereto and the punishment therefor, and all other matters necessary or incidental thereto.

Right to be an elector.

100. Every person shall, unless disqualified as hereinafter provided, be qualified to be an elector at the election of Members of Parliament and of Members of a Regional Council and to vote at any Referendum:

Provided that no such person shall be entitled to vote unless his name is entered in the appropriate register of electors.

Disqualification to be an elector.

101. No person shall be qualified to be an elector at an election of Members of Parliament or Members of a Regional Council or to vote at any Referendum if he is subject to any of the following disqualification, namely

(a) if he is not a citizen of Sri Lanka;

(b) if he has not attained the age of eighteen years on the qualifying date specified by law under the provisions of Article 114; or

(c) if he is under any law in force in Sri Lanka found or declared to be of unsound mind;

(d) if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence:

Provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted;

(e) if a period of seven years has not elapsed since

(i) the last of the dates, if any, of his being convicted of any offence under section 66 or 76 of the Parliamentary Elections Act, No. 1 of 1981, or of such offence under the law for the time being relating to Referenda or the election of the President, or of Members of Parliament or of Members of Provincial Councils or Regional Councils, as would correspond to an offence under either of the said two sections;
(ii) the last of the dates, if any, of his being convicted of a corrupt practice under the Parliamentary Elections Act, No. 1 of 1981, or of such offence under the law for the time being relating to Referenda or the election of the President or of Members of Parliament or of Members of Provincial Councils or Regional Councils, as would correspond to the said corrupt practice;
(iii) the last of the dates, if any, being a date after the commencement of the Constitution, of a report made by a Judge finding him guilty of any corrupt practice under the Parliamentary Elections Act, No. 1 of 1981 of 1981, or under any law for the time being relating to Referenda, or of Members of Parliament or of members of Provincial Councils or Regional Councils'
(iv) the last of the dates, if any, of his being convicted or being found guilty of bribery under the provisions of the Bribery Act or of any future act as would correspond to the Bribery Act;

(f) if a period of five years has not elapsed since -

(i) the last of the dates, if any of his being convicted of an offence under the provisions of sections 77 to 82 (both inclusive) of the Local Authorities Elections Ordinance or for such offence under any future law as would correspond to any offence under the said sections' or
(ii) the last of the dates, if any of his being convicted of an offence under the provisions of sections 2 and 3 of the Public Bodies (Prevention of Corruption) Ordinance or of such offence under any future law as would correspond to the said offence;

(g) if a period of three years has not elapsed since -

(i) the last of the dates, if any of his being the Parliamentary Elections Act, No. 1 of 1981, or of such offence under the law for the time being relating to Referenda, or of Members of Parliament or of members of Provincial Councils or Regional Councils as would correspond to the said illegal practice;
(ii) the last of the dates, if any, being a date after the commencement of the Constitution, of a report made by a Judge finding him guilty of any illegal practice under the Parliamentary Elections Act, No. 1 of 1981, or under any law for the time being relating to Referenda, or of Members of Parliament or of members of Provincial Councils or Regional Councils;

(h) if a resolution for the imposition of civic disability upon him has been passed in terms of Article 93 and the period of such civic disability specified in such resolution has not expired;

(i) if a period of seven years has not elapsed since

(i) the date of his being convicted of any offence under the provisions of sections 188 to 201 (both inclusive) of the Penal Code or for such other offence under any future law as would correspond to any offence under the said sections; or
(ii) the date of his being convicted of an offence of contempt against, or in disrespect of, the authority of any Special Presidential Commission of Inquiry consisting of such member or members as are specified in Article 93 by reason of -
(1) the failure of such person, without cause which in the opinion of such commission is reasonable, to appear before such commission at the time and place mentioned in any summons which such commission is empowered by law to issue; or
(2) the refusal of such person to be sworn or affirmed, or the refusal or failure of such person, without cause which in the opinion of such commission is reasonable, to answer any question put to such person touching the matters directed to be inquired into by such commission; or
(3) the refusal or failure of such person, without cause which in the opinion of such commission is reasonable, to produce and show to such commission any document or thing which is in the possession or power of such person and which in the opinion of such commission is necessary for arriving at the truth of the matters to be inquired into by such commission;

(j) if the period of his disqualification imposed under Article 158 has not elapsed.

Qualification for election as Member of Parliament. 102. (1) Every person who is qualified to be a elector shall be qualified to be elected as a member of Parliament unless he is disqualified under the provisions of paragraph (2).

(2) No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament - (a) if he is or becomes subject to any of the disqualification specified in Article 101;

(b) if he -

(i) stands nominated as a candidate for election for more than one electoral district at a General Election, (ii) stands nominated as a candidate for election by more than one recognised political party or independent group in respect of any electoral district,
(iii) stands nominated as a candidate for election for an electoral district and before the conclusion of the election for that electoral district,, stands nominated as a candidate for election for any other electoral district, (iv) being a member of Parliament, except in the circumstances referred to in Article 83 (6) or Article* stands nominated as a candidate for election for any electoral district;
(c) if he is the President of the Republic;
(d) if he is the Governor of a Region;
(e) if he is -
(i) a Judicial Officer; (ii) the Parliamentary Commissioner for Administration (Ombudsman);
(iii) the Secretary General of Parliament or a member of his staff;
(iv) a member of the National Public Service Commission, or the Finance Commissioner the National Police Commission or a Regional Judicial Service Commission or a Regional Public Service Commission or a Regional Police Commission;
(v) the Commissioner of Elections or a member of the Election Commission;
(vi) the Auditor General;
(vii) a public officer holding any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 6,720 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial;
(viii) a public officer holding any office created after November 18, 1970, the initial of the salary scale of which is, on the date of creation of that office, not less than the initial of the salary scales applicable, on that date, to an office referred to in item
(vii) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first mentioned initial;
(ix) an officer in any public corporation holding any office created prior to November 18, 1970, the initial of the salary scale of which was, on November 18, 1970, not less than Rs. 7,200 per annum or such other amount per annum as would, under any subsequent revision of salary scales, correspond to such initial, (x) an officer in any public corporation or of any Regional Public Service, holding any office created after November 18, 1970, the initial of the salary scale of which is, on the date of creation of that office, not less than the initial of the salary scale applicable on that date to an office referred to in item (ix) or such other amount per annum as would, under any subsequent revision of salary scales, correspond to the first mentioned initial, (xi) a member of the Regular Force of the Army, Navy or Air Force, or (xii) a police officer or a public officer exercising police functions;

(f) if he has any such interest in any such contract made by or on behalf of the State or a public corporation as Parliament shall by law prescribe;

(g) if he is an undischarged bankrupt or insolvent, having being declared bankrupt or insolvent;

(h) if during the preceding seven years he has been adjudged by a competent court or by a Special Presidential Commission of Inquiry to have accepted a bribe or gratification offered with a view to influencing his judgement as a Member of Parliament or as a member of the legislature prior to the commencement of the Constitution.

(3) For the purposes of sub paragraph (h) of paragraph (2) of this Article, the acceptance by a Member of Parliament of any allowance or other payment made to him by any trade union or other organisation solely for the purpose of his maintenance shall be deemed not to be the acceptance of a bribe or gratification.

Election to be free equal and secret

103. The voting for the election of the Members of Parliament and of Members of Regional Councils and at any Referendum shall be free, equal and by secret ballot.

Commissioner of Elections

104. (1) There shall be a Commissioner of Elections who shall be appointed by the President and who shall hold office during good behaviour.

(2) The salary of the Commissioner of Elections shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office. (3) The office of the Commissioner of Elections shall become vacant.

(a) upon his death;

(b) on his resignation in writing addressed to the President;

(c) on his attaining the age of sixty years;

(d) on his removal by the President on account of ill health or physical or mental infirmity; or

(e) on his removal by the President upon an address of Parliament.

(4) Whenever the Commissioner of Elections is unable to discharge the functions of his office, the President may appoint a person to act in the place of the Commissioner of Elections.

(5) The President may in exceptional circumstances permit a Commissioner of Elections who has reached the age of sixty years to continue in office for a period not exceeding twelve months.

Election Commission

105. (1) There shall be an Election Commission consisting of the Commissioner of Elections and such number of Deputy Commissioners and Assistant Commissioners as may be determined by Parliament.

(2) The members of the Election Commission shall be appointed by the President.

(3) The Commissioner of Elections shall be the Chairman of the Election Commission.

(4) The President may remove a member of the Election Commission other than its Chairman, on a recommendation made by the Chairman.

(5) A member of the Election Commission other than the Chairman may resign from the Commission by letter addressed in that behalf to the President.

Powers duties and functions of Election Commission:

106. The Election Commission shall exercise, perform or discharge all such powers, duties or functions as may be conferred or imposed on or assigned to it by the law for the time being in force relating to election of Members of Parliament and of Members of Regional Councils, and to Referenda, or by any other written law.

Delimitation Commission

107. (1) Within three months of the commencement of the Constitution the President shall for the delimitation of electoral districts for the election of Members of Parliament, establish a Delimitation Commission consisting of three persons appointed by him who he is satisfied are not actively engaged in politics. The President shall appoint one of such persons to be the Chairman.

(2) If any member of the Delimitation Commission shall die or resign or if the President is satisfied that any such member has become incapable of discharging his functions as such, the President shall, in accordance with the provisions of paragraph (1) of this Article, appoint another person in his place.

Electoral districts

108. (1) The Delimitation Commission shall divide Sri Lanka into not less than twenty and not more than twenty-five electoral districts, and shall assign names thereto.

(2) Each region of Sri Lanka may itself constitute an electoral district or may be divided into two or more electoral districts.

(3) Where a region is divided into a number of electoral districts the Delimitation Commission shall have regard to the existing administrative districts so as to ensure as far as is practicable that each electoral district shall be an administrative district or a combination of two or more administrative districts or two or more electoral districts together constitute an administrative district.

(4) The electoral districts of each region shall together be entitled to return four members, (independently of the number of members which they are entitled to return by reference to the number of electors whose names appear in the registers of electors of such electoral district), and the Delimitation Commission shall apportion such entitlement equitably among such electoral districts.

(5) In the event of a difference of opinion among the members of the Delimitation Commission, the opinion of the majority thereof shall prevail and shall be deemed to be the decision of the Commission, where each member of the Commission is of a different opinion, the opinion of the Chairman shall be deemed to be the decision of the Commission. Any dissentient member may state his reasons for such dissent.

(6) The Chairman of the Delimitation Commission shall communicate the decisions of the Commission together with the reasons, if any, stated by a dissentient member to the President.

Proclamation of names & c., of electoral districts.

109. The President shall by Proclamation publish the names and boundaries of the electoral districts and the number of members, which each such electoral district is entitled to return by virtue of the provisions of paragraph (4) of Article 108 in accordance with the decision of the Delimitation Commission. The electoral districts specified in the Proclamation shall come into operation at the next ensuing General Election of Members of Parliament and shall thereafter be the electoral districts of Sri Lanka for all the purposes of the Constitution and of any law for the time being in force relating to the election of Members of Parliament.

Number of members to be returned by the several electoral districts and their apportionment among such electoral districts.

110. (1) The several electoral districts shall together be entitled to return one hundred and ninety-six members.

(2) The apportionment of the number of members that each electoral district shall be entitled to return shall, in the case of thirty-six members, be determined in accordance with the provisions of paragraph (4) of Article 108.

(3) The apportionment of the number of members that each electoral district shall be entitled to return out of the balance number of one hundred and sixty members shall be determined in accordance with the succeeding provisions of this Article.

(4) The total number of electors whose names appear in the registers of electors of all the electoral districts shall be divided by one hundred and sixty. The whole number, resulting from such division (any fraction not being taken into account) is hereinafter referred to as the ``qualifying number''.

(5) The total number of electors whose names appear in the register of electors of each electoral district shall be entitled to return such number of members as is equivalent to the whole number resulting from the division of the total number of such electors in that electoral district by the qualifying number and the balance number of such electors, if any, after such division shall be dealt with, if necessary, in accordance with paragraph (6) of this Article.

(6) Where the total number of members to be returned by all the electoral districts ascertained by reference to the qualifying number in accordance with paragraph (5) of this Article is less than one hundred and sixty members, the apportionment of the entitlement among the electoral districts of the balance number of members shall be by reference to the balance number of such electors and in the case of any electoral district not entitled to return a single member according