AN ACT To AMEND TIIE CoNSTITUTIoN oF THE DEMoCRATIc
Socrar.rsl REPI’BLIC oF SRI LaNxa
BE it enacted by the Parliament of the Democratic Socialist Republic of
Sri Lanka as follows:-
1. This Act may be cited as the Eighteenth Amendment to the
Constitution.
2. The Constitution of the Democratic Socialist Republic Sri
Lanka (hereinafter referred to as the “Constitution”) is hereby amended
in Article 31 thereof, as follows:-
(1) bythe repeal ofparagraph (2) ofthat Article; and
(2) in paragraph (3a) (a)(i) of that Article, -
(a) by the substitution for the words “at any time after
the expiration of four years from the
commencement of his frst term of office” of the
words “at any time after the expiration of four years
liom the commencement -of his current term of
office”; and
(b) by the substitution for the words “by election, for a
further term.” of the following:-
“by election, for a further term:
Provided that, where the President is elected in
terms of this Article for a further term of office, the
provisions of this Article shall mutatis mutandis
apply in respect of any subsequent term of ofFtce to
which he may be so elected.”.
3. Article 32 of the Constitution is hereby amended as follows:-
(1) by the repeal of paragraph (3) of thereof, and the
substitution therefor of the following:-
“(3) The President shall by virtue of his offrce attend
Parliament once in every three months. In the discharge of
this function the President shall be entitled to all the
privileges, immunities and powers of a member of
Repeal ofChapter
VIIa. of the
Constitution.
lnsertion ofnew
Article 41a in the
Constitution.
Parliament, other than the entitlement to vote, and shall not
be liable for any breach of the privileges of parliament or of
its members.”l and
(2) by the addition immediately after paragraph (3) thereof; of
the following new paragraph:-
“(4) The President shall by virtue of his office, also
. have the right to address and send messages to parliament.,,.
4. Chapter VIIa of the Constitution (Articles 4in to 4lH) is
hereby repealed.
5. The following new Article is hereby inserted immediately after
Article 4r of the constitution and shalr have effect as Article 4la
thereof,-
“President to
make the
appointments in
respect ofthe
Commissions
aad offices
refened to in the
Schedules.
41A. (l) The Chairman and members of the
Commissions referred to in Schedule I to this
Article, and the persons referred to in part I and
Part II of Schedule II to this Article, shall be
appointed to the Commissions and the Offices
referred to in the said Schedules, by the president.
In making such appointments, the President shall
seek the observations of the following persons -
(l) the Prime Minister;
(2) the Speaker;
(3) the Leader of the Opposition;
(4) a nominee of the Prime Minister, who
shall be a Member of Parliament; and
(5) a nominee of the Leader of the
Opposition, who shall be a Member of
Parliament:
Provided that, the persons appointed in terms of
sub-paragraphs (4) and (5) above shall be
nominated in such manner as would ensure that
the nominees would belong to communities which
are communities other than those to which the
persons specified in paragraphs (l), (2) and (3)
above belong.
t4
t
SCHEDULE I
1. The Election Commission.
2. The Public Service Commission. 3. The National Police Commission. 4. The Human Rights Commission of Sri Lanka. 5. The Permanent Commission to Investisate
Allegations of Bribery and Corruption. 6. The Finance Commission.
7. The Delimitation Commission.
SCFIEDULE II
PART I
The ChiefJustice and the Judges ofthe
Supreme Court.
The President and the Judges ofthe Court of
Appeal.
The Members ofthe Judicial Service
Commission, other than the Chairman.
PART II
The Attomey – General.
The Auditor – Genaal.
The Parliamentary Commissioner for
Administration (Ombudsman).
The Secretary – General of Parliament.
(2) Notwithstanding the provisions of
paragraph (2) of Article 64 of the Constitution, the
Speaker shall for the purposes of this Article,
continue as Speaker on the dissolution of
Parliament, until a Member of Parliament is
elected to be the Speaker under paragraph (l) of
the aforesaid Article. The new Speaker shall
thereupon be the person whose views will be
sought under sub-paragraph (2) of paragraph (l)
ofthis Article. .
(3) Notwithstanding the dissolution of
Parliament, the Leader of the Opposition shall for
the purposes of this Article, continue as Leader of
the Opposition, until such time after a General
Election following such dissolution, a Member of
Parliament is recognized as the Leader of the
Opposition in Parliament. The new Leader of the
Opposition shall thereupon be the person whose
views will be sought under sub-paragraph (3) of
paragraph (1) of this Article..
(4) Notwithstanding the dissolution of
Parliament, the nominee of the Prime Minister and
the Leader of the Opposition respectively who are
Members of Parliament shall continue as members
until such time after a General Election following
such dissolution Members of Parliament are
elected to Parliament. The Prime Minister and the
Leader of the Opposition shall thereupon
respectively nominate two new Members of
Parliament to be their nominees in terms of subparagraphs
(4) and (5) of paragraph (1) of this
Article..
(5) When the President seeks the
observations of the persons referred to in
paragraph (l) for the purpose of making the
appointments of the Chairman and members of the
Commissions referred to in Schedule I to
paragraph (l) of this Article, he shall require them
to convey to him their observations on the persons
proposed by him for such appointments, within a
period of one week from the date of such
communication. If such persons fail to
communicate their observations to him within the
specified period, the President shall forthwith
proceed to make the aforesaid appointments.
(6) Where the Leader of any recognized
political party represented in Parliament desires to
propose the name of any person for appointment
as Chairman or member of a Commission referred
to in Schedule I to paragraph (1) to this Article, he
may within the period of one week specified
above, forward to the Speaker the name of any
person in relation thereto. The President may take
such names into consideration when makins such
appointments.
(7) No person appointed to be the
Chairman or member of a Commission referred to
in Schedule I of this Article or any of the persons
appointed to the posts referred to in Part I and Part
Amendment of
Article 54 ofthe
Constitution.
Amendment of
A*icle 55 of the
Constitution.
II of Schedule II to this Article shall be removed,
otherwise than in the manner provided for in the
Constitution or in any law enacted for such
pupose. Where no such provision is made, such
person shall be removed by the President.”.
6. Article 54 of the Constitution is hereby amended as follows:-
(1) by the repeal of paragraph (1) thereol and the ‘ substitution therefor of the following:-
“(1) There shall be a Public Service
Commission (in this Chapter referred to as the
“Commission”) which shall consist of not more than
nine members appointed by the President, of whom,
not less than three members shall be persons who
have had over fifteen years experience as public
offtcers. The President shall appoint one member as its
Chairman.”;
(2) in paragraph (4) thereof, by the substitution for the
words “removed from office by the President on the
recommendation of the Constitutional Council,
or” the words “removed from office by the President,
or”; and
(3) in paragraph (7) thereof by the substitution for the
words “for the duration of such period on the
recommendation of the Constitutional Council
appoint” the words “for the duration of such period
appoint”.
7. Article 55 of the Constitution is hereby repealed and the
fo llowing Article substituted therefor:-
“Powers and 55. (1) The Cabinet of Ministers shall
$;ji:i:it*’ provide for and determine all matters of policy
Ministers and of relating to public officers, including policy relating
the Commission to appointments, promotions, transfer, disciplinary
control and dismissal.
(2) The appointment, promotion, transfer’
disciplinary control and dismissal of all Heads of
Department shall, vest in the Cabinet of Ministers
(3). Subject to the provisions of the
Constitution, the appointment, promotion, transfer,
disciplinary control and dismissal of public
officers shall be vested in the Public Service
Commission.
(4) The Commission shall not derogate from
the powers and functions of the Provincial Public
Service Commissions as are established by law.
‘ (5) The Commission shall be responsible
and answerable to Parliament in accordance with
the provisions of the Standing Orders of
Parliament for the exercise and discharge of its
powers and functions. The Commission shall also
forward to Parliament n 1e,ach calendar year, a
report of its activities in re3pect of such year.”.
Amendmentof 8. Article 6lr of the Constitution is hereby amended by the
S;:lif,l:,:t*’ omission of the words “a police officer appointed by the National Police
Commission” from the definition of the expression “public officer”‘
Amendment of
Article 65 ofthe
Constitution.
Amendment of
Article 9l ofthe
Constitution-
Amendment of
Articlel03 ofthe
Constitution.
Amendment ol
Articlel04s of
the Constitution
9. Article 65 of the Constitution is hereby amended as follows :-
(1) in paragraph (1) thereol by the substitution for the
words “shall, subject to the provisions of Article 41c,
be appointed by the President,” of the words “shall be
appointed by the President”; and
(2) in paragraph (6) thereof, by the substitution for the
words ‘?resident may, subject to the provisions of
Article 41c, appoint a person” of the words “President
may appoint a person”.
10. Article 9l of the Constitution is hereby amended in paragraph
(1) thereof by the repeal ofsub-paragraph (d)(vb).
11. Article 103 of the Constitution is hereby amended
paragraph (1) thereol by the substitution for the words “consisting
five members” of the words “consisting of three members”.
12. Article 104e of the Constitution is hereby amended as
follows:-
(1) by the insertion immediately after paragraph (a) thereof, of
the following new paragraph:-
Amendment of
Articlel0T ofthe
Constitution
“(4a) For the avoidance of doubt it is stated that
any guideline issued by the Commission during the
period commencing with the making of an Order for
the holding of an election or the making of a
Proclamation requiring the conduct of a Referendum,
as the case mav be. shall -
(a) be limited to matters which are directly
connected with the holding of the
respective election or the conduct of a
respective Referendum as the case may
be; and
(b) not be connected directly with any matter
relating to the public service or any matter
within the ambit of administration of the
Public Service Commission or the Judicial
Service Commission, as the case may be,
appointed under the Constitution.”; and
(2) in paragraph (5), by the repeal of sub-paragraphs (b), (c) and
(d) thereof and the substitution therefor of the following
paragraph:-
“(b) It shall be the duty ofany broadcasting or
telecasting operator or any proprietor or published of
a newspaper as the case may be, to take all necessary
steps to ensure compliance with any guidelines as
are issued to them under paragraph (a).”.
13. Article 107 of the Constitution is hereby amended in
paragraph (1) thereol by the substitution for the words “shall, subject to
the provisions of Article 41C, be appointed by the President by Warrant
under his hand” of the words “shall be appointed by the President by
Warrant under his hand”.
Amendmentof 14. Article 109 of the Constitution is hereby amended as
Articlel09 of the follOWs:_ (_onsUlunon
(1) in paragraph (1) thereof, by the substitution for the words
“the President shall, subject to the provisions of Article 4lc,
appoint,” of the words’lhe President shall appoint”; and
(2) in paragraph (2) thereof, by the substitution for the words
‘the President may, subject to the provisions of Article 41c’
Amendment of
Articlel I 1D ofthe
Constitution
Amendment of
Articlel l le of the
Constitution
Amendment of
Afllcle l)J oI the
Constitution
Amendment of
Article 154 of the
Constitution
Amendment of
Article 154n of
the Constitution
Amendment of
Article 155a of
the Constitution
appoint” of the words .?resident
may appoint a person,,.
15. Article lllo of the constitution is hereby amended in
paragraph (l) thereof; by the substitution for the words ,.aipointed by the
President subject to the provisions of Article 41c,, or tn” words
“appointed by the President”.
16. Article llle of the constitution is hereby amended in
paragraphs (5) and (6) thereof, by the omission therefrom the words ,,on
the recommendation of the Constitutional Council,,.
17. Article 153 of the constitution is hereby amended as
follows:-
(l) in paragraph (l) thereo{ by the substitution for the words
“shall, subject to the provisions of Article 4lc, be appointed
by the President,” of the words .,shall be appointed by the
President”; and
(2) in paragraph (4) thereof, by the substitution for the words
“the President may, subject to the provisions of Article 41c,
appoint” ofthe words .?resident may appoint,,.
18. Article 154 of the constitution is hereby amended by the
substitution for the words “the Public Service commission,’ of the
words, “the Public Service commission, the provincial public Service
Commissions”.
19. Article 154n of the constitution is hereby amended in subparagraph
(c) of paragraph (l) thereo{ by the substitution for the words
“three other members who are appointed by the president on the
recommendation of the constitution council, to represent’, of the words
“three other members appointed by the president, to represent,,.
20. Article l55a of the constitution is herebv amended as
follows:-
(l) by the repeal of paragraph (l) thereof, and the substitution
therefor of the following:-
“(l) There shall be a National police Commission
(in this Chapter referred to as .the Commission,,) consistine of not more than seven members appointed by th;
President. The President shall appoint one member as the
Chairman.”; and
(2) in paragraph (4) thereo{ by the substitution for the words
“from office by the President on the recommendation of the
Constitutional Council, or” of the words “from office by
the President, or”;.
Insertionof new 21. The followinS new Articles are
Articles I55r’p iljlii*.’. i,u” after Article 155r of the Constitution and
constitution”. l55rr and 155FFF thereof:-
hereby inserted immediately
shall have effect as Articles
Amendment of
Article l55cof
the Constitution
“Powers of the l55rf,. The Commission shall be commission’ empowered to entertain and investigate complaints
from members of the public or any aggrieved
person against a police officer or the police force,
and shall provide redress in accordance with the
provisions of any law enacted by Parliament. For
this purpose the Commission may make rules to
establish procedures for entertaining and
investigating complaints from members of the
public or any aggrieved person.
Commission to 155prr. The Commission shall from time to
make rules’ time make rules for such matters which require
rules to be made. Every such rule shall be
published in the Gazette.”.
22. Article 155G of the Constitution is herebv amended as
follows:-
(1) by the repeal ofparagraph (1) thereof, and the substitution
therefor of the following:-
“(1)(a) The appointment, promotion, transfer,
disciplinary control and dismissal of police officers shall
be vested in the Inspector – General of Police.
(b) The Inspector – General of Police shall not, in
the exercise of his powers under this Article, derogate
from the powers and functions assigned to each
Provincial Public Service Commission, as and when
such Commission is established under Chapter XMIA.”;
(2) by the repeal ofparagraph (2) thereof;
(3) in paragraph (3) thereof, -
Amendment of
Artlcle l))H oI
the Constihrtion.
Replacement of
Article 155J ofthe
Constitution
(a) by the substitution for the words “The Commission
shall provide for” of the words “The Inspector -
General of Police shall provide for”; and
(b) by the substitution for the words “codes of conduct’
and the standards to be followed in making
promotions and transfers, as the Commission shall
from time to time consider necessary or ftt’” of the
words “Codes of Conduct and the criteria to be
followedinmakingpromotionsortransfersasthe
Inspector – General of Police may from time to time
consider necessary or fit’”; and
(4) in paragraph (4), by the substitution for the words “The
Commissionshall,,ofthewords..Thelnspector-General
of Police shall”; and
(5) by the substitution for the marginal note to that section of
the following:-
“Powers ofthe Inspector- General ofPolice”‘
23. Article 155u of the Constitution is hereby repealed’
24. Lrticle 1551 of the constitution is hereby repealed and the
following new section substituted therefor :-
“Delegationof l55r (1) The lnspector’- General of Police
tunctions bvthe may, subject to such conditions and procedures as
H::::ii:i *uy-u. d”etermined, delegate to anv police officer,
Police his powers of appointment, promotion’ transfer’
disciplinary control and dismissal in relation to
any category of Police officers:
Provided that the Inspector – General of
Police may notwithstanding such delegation,
exercise such powers where it appears to him to
be so necessarY,.
(2) The lnspector – General of Police shall
cause any such delegation to be published in the
Gazette including the conditions and procedures
determined by him.”.
Amendment of
Article 155r of
the Constitution
Replacement of
Articles 155r-,
and 155ira of the
Constitution
25. Article 155r of the Constitution is hereby amended as
follows:-
(1) in paragraph (1) thereof; by the substitution for the words
“may appeal to the Commission against such order” to the
end of that paragraph, of the words “may appeal to the
Public Service Commission in accordance with such rules
as are made bv the Public Service Commission in that
behalf.”;
(2) in paragraphs (2) and (3) thereol by the substitution for the
words “The Commission” wherever such words appear in
therein, of the word “The Inspector – General of Police.”;
(3) by the repeal ofparagraph (4) thereof.
26. Articles 155t- and l55u on the Constitution are hereby
repealed and the following Articles substituted therefor:-
“Appealsto 155t-. (l) Any Police officer aggrieved by
**::”‘ any order relating to a promotion, transfer or any
Commission order on any disciplinary matter or dismissal made
and the bv the Inspector – General of Police in respect of
Administratjve himself, miy appeal therefrom, to the Public service
Aoneals rittuttut. Commission.
(2) Any Police Officer aggrieved from the
decision of the Public Service Commission on an
appeal under this Article, may appeal therefrom to
the Administrative Appeals Tribunal.
Saving of 155fr4. All rules and regulations and
existing rules nrocedures in force on the date of the
and I
regulations. corrunencement of this Article shall be deemed to
continue to be operative, until rules, regulations and
procedures are made hereunder.”.
Amendment of 27 . Article 156 of the Constitution is hereby amended as
Article 156 of the follows:_ Lonstltulron
(1) in paragraph (1) thereol by the substitution for the words
“shall, subject to the provisions of Article 41c, be appointed
by the President,” of the words “shall be appointed by the
President”;
ll
Avoidance of
doubts.
(2) in paragraph (5) thereol by the substitution for the words
‘the President shall, subject to the provisions of Article 41c,
appoint” of the words “the President shall appoint”.
28. For the avoidance of doubts it is hereby declared that :-
(1) the members of the Judicial Service Commission
established under Article I12 of the Constitution and
holding office on the date prior to the commencement
of this Act, shall from and after the date of the
colrlmencement of this Act, continue to hold office as
such members and to exercise and discharge the powers
and functions vested in the Commission under the
Constitution:
(2) the Chief Justice and the other Judges of the Supreme
Court and the President and the other Judges of the
Court of Appeal and the Judges of the High Court
holding office on the date prior to the commencement
of this Act, shall from and after the date of the
corrmencement of this Act, continue to hold office and
exercise and discharge the powers and functions vested
in them under the Constitution:
(3) every person holding office as the Secretary of the
Judicial Service Commission, the Attorney – General,
the Auditor – General, the Inspector – General of
Police, the Parliamentary Commissioner for
Administration (Ombudsman) and the Secretary -
General of Parliament holding offibe on the date prior
to the colTrmencement of this Act, shall from and after
the date of the commencement of this Act, continue to
hold office and exercise and discharge the powers and
functions vested in them under the Constitution;
(4) the person holding office as the Commissioner on the
date prior to the commencement of this Act, shall from
and after the date of the commencement of this Act,
continue to hold office and exercise and discharge the
powers and functions vested in him under the
Constitution as Commissioner of Elections until the
Election Commission is Constituted in terms of Article
103 and from and after the date of the constitution of
the Election Commission, cease to hold office as the
Commissioner of E lections :
Provided that the President may, if he considers it
expedient to do so or if the exigencies of a situation so
requires it, at any time prior to the constitution of the
Election Commission, appoint to the office of
Commissioner of Elections, a person holding of{ice as a
Deputy Commissioner of Elections to discharge the
functions presently being conferred on the Commission
by the Constitution.
(5) all matters pertaining to the appointment, promotion,
transfer, disciplinary control and dismissal of Police
Officers pending before the National Police
Commission established under Chapter XVIIA of the
Constitution on the date prior to the commencement of
this Act, shall from and after the date of the
commencement of this Act, be vested with the
Inspector – General of Police and any appeal made by a
police officer pending before the National Police
Commission on the date prior to the commencement of
this Act, shall, from and after the date of the
corunencement of this Act, stand transferred to the
Public Service Commission and shall be heard and
completed accordingly;
(6) all appointments made in respect of the Commissions
and posts described in the foregoing paragraphs of this
section, from and after the expiration of the term of
office of the Constitutional Council appointed in terms
of Article 41a of the Constitution, during the period
commencing on the day on which the term of the
aforesaid Council expired and the date of the coming
into operation of this Act, shall be deemed to be valid
and effectual;
(7) the staff of the Public Service Commission shall be
members of the public service and be subject to the
rules as are applicable to a public office in relation to
the rank ofsuch office;
(8) from and after the appointment of the Election
Commission in terms of the Constitution, the
Department of Elections shall be deemed to be the staff
of such Commission for the purposes of Chapter XIVa
of the Constitution and shall whenever it is so required
for the duration of an election or a referenda perform
the functions of a Secretariat.
Sinhalatextto 29. In the event of any inconsistency between the Sinhala and prevail in case of il;;.ili:,#’”‘ Tamil texts of this Act, the Sinhala text shall prevail.
ENDORSEMENT LTNDER ARTICLE 122 OF THE
CONSTITUTION
It is hereby certified that in the view of the Cabinet of Ministers,
the above Bill is urgent in the national interest.
August, 2010. S. Abeysinghe
Secretary to the Cabinet of Ministers.