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Select Committee's Report on Constitutional Reforms
Presented to Parliament on 24.10.1997

Chapter XI

THE CENTRAL LEGISLATURE AMENDMENT
OF THE CONSTITUTION

Amendment or repeal of the Constitution

(99) (1) Notwithstanding anything in this Constitution but subject to paragraph (2) of this Article, Parliament shall have exclusive power to make law repealing or amending any provision of the Constitution, or adding any provision to the Constitution.

(2) 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.

Amendment or repeal of the Constitution to be express.

(100) (1) Any Bill for the amendment of any provision of the Constitution shall not be placed on the Order Paper of Parliament unless the provision to be repealed, altered or added, and consequential amendments, if any, are expressly specified in the Bill and is described in the long title thereto as being an Act for the amendment of the Constitution.

(2) Any Bill for the repeal of the Constitution shall not 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, the Speaker 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) or 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 95 or 96.

(6) Any provision in any law shall not, or shall not 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.

Special procedure relating to certain Bills

(101) (1) Notwithstanding anything to the contrary in the provisions of Article 100, a Bill -

(a) for the amendment or for 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, 15 and 127 or this Article; and

(b) for the amendment or for the repeal and replacement of or which is inconsistent with the provisions of paragraph (2) of Article 77 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 96.

(2) Notwithstanding anything to the contrary in this Chapter, but subject to the provisions of paragraph (1) of this Article, any Act or any provision thereof amending or repealing and replacing or which is inconsistent with any of the provisions of Chapter XV, the First Schedule, the Second Schedule or this paragraph shall not come into operation in respect of a Region until and unless such Act or provision has been approved by a resolution of the Regional Council established for that Region.

(3) Where a resolution referred to in paragraph (2) of this Article has been approved by a Regional Council, the Speaker of such Regional Council shall cause a Notification of such approval to be published in the Gazette and, accordingly, the Act or provision to which such approval relates shall come into operation with respect to that Region from the date of such Notification.

Bills inconsistent with the Constitution.

(102) (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 paragraph (1) or paragraph (2) of Article 100.

(2) Where the Cabinet of Ministers has certified that a Bill referred to in paragraph (1) 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, or by such special majority and approval by the People at a referendum, 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 Speaker or the President and the Speaker, as the case may be, is endorsed thereon in accordance in the provisions of Article 101 or Article 102.

(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.


Chapter XII

THE REFERENDUM

Submission of Bills to People by Referendum

(103) (1) The President shall submit to the People by Referendum every Bill or any provision in any Bill referred to in Article 101 or 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) Subject to paragraph (3) of this Article, 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 a majority of the valid votes cast at such Referendum.

(3) Where the total number of valid votes cast at a referendum conducted under this Article, does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall 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.

(104) The President may, subject to the provisions of paragraph (3) of Article 103, submit to the People at a Referendum any matter which is of national importance.

Parliament to provide for procedure.

(105) (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, and until Parliament so provides, the provisions of the Referendum Act No. 7 of 1981 shall, mutatis mutandis, apply.


Chapter XIII

THE FRANCHISE AND ELECTIONS

(Editor's note: While all parties in the select committee have agreed that the present system should change, no finality has been reached on the present provisions)

Right to be an elector

(106) 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 but shall not be entitled to vote at such election or referendum unless the name of the person is entered in the appropriate register of electors.

Disqualifications to be an elector

(107) (1) A person shall not be qualified to be an elector at an election of the Members of Parliament or Members of a Regional Council or to vote at any Referendum if the person is subject to any of the following disqualifications, namely -

(a) if the person is not a citizen of Sri Lanka;

(b) if the person has not attained the age of eighteen years on the qualifying date specified by law under the provisions of Article 120;

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

(d) subject to paragraph (2), if the person 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.

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

(i) the last of the dates, if any, of the person 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 to 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 the person 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 or 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 the person guilty of any corrupt 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;

(iv) the last of the dates, if any, of the person 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 the person 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 the person 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 the person being convicted of an illegal practice under the Parliamentary Elections Act, No. 1 of 1981, or of such offence under the law for the time being relating to Referendum, 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 the person 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 the person has been passed in terms of Article 98 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 the person 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 the person 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 98 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.

Select Committee's Report on Constitutional Reforms

(j) if the period of the person's disqualification imposed under Article 160 has not elapsed.

(2) Where any person disqualified to be an elector under paragraph (1) (d) of this Article is granted a free pardon by the President under Article 59 (1) (a), such disqualification shall cease from the date on which the pardon is granted.

Qualification for election as Member of Parliament

108. (1) Every person who is qualified to be a elector shall be qualified to be elected as a Member of Parliament unless the person is disqualified under the provisions of paragraph (2).

(2) A person shall not be qualified to be elected as a Member of Parliament or to sit and vote in Parliament -

(a) if the person is or becomes subject to any of the disqualifications specified in Article 107;

(b) if the person -

(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 paragraph (5) of Article 86 or paragraph (1) (a) of Article 221 stands nominated as a candidate for election for any electoral district;

(c) if the person is the President of the Republic;

(d) if the person is the Governor of a Region;

(e) if the person is -

(i) a Judicial Officer;

(ii) the Parliamentary Commissioner for Administration (Ombudsman);

(iii) the Secretary General of Parliament or a member of staff of the Secretary General;

(iv) a member of the National Public Service Commission, or the Finance Commission or 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 scale 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 of 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 the person 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 the person is an undischarged bankrupt or insolvent, having being declared bankrupt or insolvent;

(h) if during the preceding seven years the person has been adjudged by a competent court or by a Special President Commission of Inquiry to have accepted a bribe or gratification offered with a view to influencing the person's 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 the Member by any trade union or other organisation solely for the purpose of the maintenance of the Member shall be deemed not to be the acceptance of a bribe or gratification.

Election to be free, fair and secret

(109) The voting for the election of the Members of Parliament and of Members of Regional Councils and at any Referendum shall be free, fair and by secret ballot.

Commissioner of Elections

(110) (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 the Commissioner's term of office.

(3) The office of the Commissioner of Elections shall become vacant -

(a) upon the death of the Commissioner;

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

(c) subject to paragraph (5) of this Article, on the Commissioner attaining the age of sixty years;

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

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

(4) Whenever the Commissioner of Elections is unable to discharge the functions of the office of Commissioner, 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

(111) (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 by law.

(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

(112) 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 Referenda, or by any other written law.

Establishment of Delimitation Commission

(113) (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 the President who the President is satisfied are not actively engaged in politics.

(2) The President shall appoint one of such persons to be the Chairman.

(3) 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 the functions of a member as such, the President shall, in accordance with the provisions of paragraph (1) of this Article, appoint another person in place of such member.

Electoral districts

(114) (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 districts), and the Delimitation Commission shall apportion such entitlement equitably among such electoral districts.

(5) (a) 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.

(b) 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.

(c) Any dissentient member may state the 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 etc of electoral districts

(115) 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 114 in accordance with the decision of the Delimitation Commission and 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.

(116) (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 114.

(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 and 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 to the determination made under paragraph (5), the total number of electors whose names appear in the register of electors of such electoral district, the electoral district having the highest of such balance number of such electors or such total number of such electors, being entitled to return one more member and so on until the total number of members to be returned number one hundred and sixty.

(7) Where in making an apportionment under paragraph (6) of this Article an equality is found to exist between two or more balance number of such electors or two or more total number of such electors or any combination of them and the addition of one such elector would entitle one electoral district to return an additional member, the determination of the electoral district to which one such elector shall be deemed to be added shall be determined by lot.

(8) The Commissioner of Elections, as soon as possible after the certification of the registers of electors for all the electoral districts, shall, by Order published in the Gazette certify the number of members which each electoral district is entitled to return by virtue of the Proclamation under Article 115 and this Article.

(9) For the purpose of this Article ``the register of electors'' means the register of electors for the time being in operation on the basis of which an election is being held.

Proportional representation

(117) (1) At any election of Members of Parliament the total number of members which an electoral district is entitled to return shall be the number specified by the Commissioner of Elections in the Order published in accordance with the provisions of paragraph (8) of Article 116.

(2) Every elector at an election of Members of Parliament shall, in addition to the elector's vote, be entitled to indicate such elector's preferences for not more than three candidates nominated by the same recognised political party or independent group,

(3) Any recognised political party or any group of persons contesting as independent candidates (hereinafter referred to as an ``independent group'') may for the purpose of any election of Members of Parliament for any electoral district, submit one nomination paper setting out the names of such number of candidates as is equivalent to the number of members to be elected for that electoral district, increased by three.

(4) Each elector whose name appears in the register of electors shall be entitled to only one vote notwithstanding that the name of the elector appears in the electoral register in more than one electoral district.

(5) The recognised political party or independent group which polls the highest number of votes in any electoral district shall be entitled to have the candidate nominated by it, who has secured the highest number of preferences, declared elected.

(6) (a) Every recognised political party and independent group polling less than one twentieth of the total votes polled at any election in any electoral district shall be disqualified from having any candidates of such party or group being elected for that electoral district.

(b) The votes polled by the disqualified parties and independent groups, if any, shall be deducted from the total votes polled at the election in that electoral district and the number of votes resulting from such deduction is hereinafter referred to as the ``relevant numbers of votes.''

(7) The relevant number of votes shall be divided by the number of members to be elected for that electoral district reduced by one, if the number resulting from such division is an integer, that integer, or if that number is an integer and fraction, the integer immediately higher to that integer and fraction is hereinafter referred to as the ``resulting number''.

(8)The number of votes polled by each recognised political party and independent group (other than those parties or groups disqualified under paragraph (6) of this Article) beginning with the party or group which polled the highest number of votes shall then be divided by the resulting number and the returning officer shall declare elected from each such party or group, in accordance with the preferences secured by each of the candidates nominated by such party or group (the candidates securing the highest number of preferences being declared elected first, the candidate securing the next highest number of preferences being declared elected next and so on) such number of candidates (excluding the candidate declared elected under paragraph (5) of this Article) as is equivalent to the whole number of resulting from the division by the resulting number of the votes polled by such party or group. The remainder of the votes, if any, after such division, shall be dealt with if necessary, under paragraph (9) of this article.

(9) Where after the declaration of the election of members as provided in paragraph (8) of this Article there are one or more members yet to be declared elected such member or members shall be declared elected by reference to the remainder of the votes referred to in paragraph (8) to the credit of each party or group after the declaration made under that paragraph and the votes polled by any party or group not having any of its candidates declared elected under paragraph (8), the candidate nominated by the party or group having the highest of such votes, who has secured the highest or next highest number of preferences being declared elected a member and so on until all the members to be elected are declared elected.

(10) (a) Where the number of votes polled by each recognised political party or independent group is less than the resulting number referred to in paragraph (7) of this Article the party of group which has polled the highest number of votes shall be entitled to have the candidate, nominated by that party or group (excluding the candidate declared elected under paragraph (5) of this Article) who has secured the highest number of preferences declared elected and if there are one or more members yet to be declared elected, the party or group having the next highest number of votes polled shall be entitled to have the candidate nominated by that party or group who has secured the highest number of preferences declared elected and so on, until all the members to be elected for that electoral district are declared elected under the provisions of this paragraph.

(b) After the determination under paragraph (a) if there are one or more members yet to be declared elected in respect, of that electoral district the provisions of that paragraph shall, mutatis mutandis, apply to the election of such members.

(11) Where under paragraph (5), (9) or (10) of this Article an equality is found to exist between the votes polled by two or more recognised political parties or two or more independent groups or any combination of them and the addition of a vote would entitle the candidate of one such party or group to be elected, the determination of the party or group to which such additional vote shall be deemed to have been given shall be made by lot.

(12) For the purposes of this Article the number of votes polled shall be deemed to be the number of votes counted other than rejected votes.

(13) (a) Where a Member of Parliament ceases, by resignation, expulsion or otherwise, to be a member of the recognized political party or independent group on whose nomination paper (hereinafter referred to as the ``relevant nomination paper'') the name of the Member appeared at the time of becoming a Member of Parliament, the seat held by the Member shall, subject to paragraph (b) become vacant upon the expiration of a period of one month from the date of the Member ceasing to be a member of the recognized political party or independent group.

(b) Where a Member who would otherwise cease to be a Member under sub-paragraph (a) of this paragraph by reason of expulsion from a recognized political party or independent group applies to the Supreme Court by petition in writing before the expiration of the period of one month specified in that sub-paragraph, and the Supreme Court upon such petition -

(i) determines that such expulsion was invalid, the seat of that Member shall not become vacant;

(ii) determines that the expulsion was valid, the seat held by that Member shall become vacant from the date of such determination.

(c) a petition under sub-paragraph (b) of this paragraph shall be inquired into by three Judges of the Supreme Court who shall make their determination within two months of the filing of such petition.

(d) In sub-paragraph (a) of this paragraph ``nomination paper'' when used in relation to a recognized political party or independent group includes a list submitted by that recognized political party or independent group under paragraph (2) of Article 118.

(14) Where the seat of a Member of Parliament (other than a Member declared elected under Article 118) becomes vacant as provided in Article 82 (other than paragraph (g) of that Article) or by virture of the provisions of paragraph (13) of this Article, the candidate from the relevant recognized political party or independent group who has secured the next highest number of preferences shall be declared elected to fill such vacancy.

Election of Members of Parliament on the basis of the total number of votes polled at a General Election.

(118) (1) After the one hundred and ninety six members referred to in Article 116 have been declared elected at a General Election of Members of Parliament, the Commissioner of Elections shall forthwith apportion the balance twenty nine seats among the recognized political parties and independent groups contesting such General Election in the same proportion as the proportion which the number of votes polled by each such party or group at such General Election bears to the total number of votes polled at such General Election and for the purposes of such apportionment, the provisions of paragraphs (4), (5),, (6) and (7) of Article 116 shall, mutatis mutandis, apply.

(2) Every recognized political party or independent group contesting a General Election shall submit to the Commissioner of Elections within the nomination period specified for such election a list of persons qualified to be elected as Members of Parliament, from which it may nominate persons to fill the seats if any, which such party or group will be entitled to, on such apportionment. The Commissioner of Elections shall cause every list submitted to the Commissioner under this Article to be published forthwith in the Gazette and in one Sinhala, Tamil and English newspaper upon the expiry of the nomination period.

(3) Where a recognized political party or independent group is entitled to a seat under the apportionment referred to in paragraph (2), the Commissioner of Elections shall by a notice, require the secretary of such recognized political party or group leader of such independent group to nominate within one week of such notice, persons qualified to be elected as Members of Parliament (being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or in any nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats and shall declare elected as Members of Parliament, the persons so nominated.

(4)The Commissioner of Elections shall before issuing the aforesaid notice determine whether the number of members belonging to any community, ethnic or otherwise, elected to Parliament under Article 117 is commensurate with the national population ratio and request the Secretary of such recognized political party or group leader of such independent group in so nominating persons to be elected as Members of Parliament to ensure as far as practicable, that the representation of all communities is commensurate with their national population ratios.

(5) Where the seat of a Member of Parliament elected under this Article becomes vacant, as provided for in Article 82 or sub-paragraph (a) of paragraph (13) of Article 117 the provisions of Paragraphs (3) and (4) of this Article shall, mutatis mutandis, apply to the filling of such vacancy.

(6) For the purposes of this Article the number of votes polled at a General Election shall be deemed to be the number of votes actually counted and shall not include any votes rejected as void.

Penalty for sitting and voting in Parliament or Regional Council when disqualified.

(119) Any person who (a) having been elected a Member of Parliament or a Member of a Regional Council but not having been at the time of such election qualified to be so elected, shall sit or vote in Parliament or such Regional Council; or

(b) shall sit or vote in Parliament or a Regional Council after the person's seat therein has become vacant or the person has become disqualified from sitting or voting therein,

knowing or having reasonable grounds for knowing that the person was so disqualified or that the person's seat has become vacant, as the case may be, shall be liable to a penalty of five hundred rupees for every day upon which the person so sits or votes to be recovered as a debt due to the Republic by an action instituted by the Attorney-General in the District Court of Colombo.

Parliament may make provision in respect of elections.

(120) (1) Subject to paragraph (2) of this Article, Parliament may by law make provision for -

(a) the registration of electors;

(b) the prescribing of a qualifying date on which a person should be resident in any electoral district to be entered in the register of electors of that elelctoral district;

(c) the prescribing of a qualifying date on which a person should have attained the age of eighteen years to qualify for the purposes of registration as an elector;

(d) the preparation and revision of registers of electors;

(e) the procedure for the election of Members of Parliament and of Members of Regional Councils;

(f) the creation of offences relating to such elections and the punishment therefor;

(g) the grounds for avoiding such elections, and where an election has been held void the manner of holding fresh elections;

(h) the form and manner in which vacancies shall be filled when all the candidates whose names appearing in the nomination paper of a recognized political party or independent group have been exhausted by election or otherwise;

(i) the manner of determination of disputed elections and such other matters as are necessary or incidental to the election of Members of Parliament and of Members of Regional Councils.

(2) Any law referred to in paragraph )1) of this Article shall not add to the disqualifications specified in Articles 107 and 108.

(3) Until Parliament by law makes provision for such matters, the Parliamentary Elections Act, No. 1 of 1981 and the Provincial Councils Elections Act No. 1 of 1988 as amended from time to time, shall, subject to the provisions of the Constitution, mutatis, mutandis apply, to the election of Members of Parliament and to the election of Members of Regional Councils.

Public Officer or an Officer of a public corporation not to function during period of election.

(121) When a public officer or an officer of a public corporation is a candidate at any election of Members of Parliament or of Members of a Regional Council the officer shall be deemed to be on leave from the date on which the officer stands nominated as a candidate until the conclusion of the election and such public officer or officer of a public corporation shall not during such period exercise, perform or discharge any of the powers, duties or functions of the office of that officer.


Chapter XIV

THE CONSTITUTIONAL COUNCIL

Constitutional Council

(122) (1) There shall be a Constitutional Council which shall consist of the following members -

(a) the Speaker;

(b) The Prime Minister;

(c) the Leader of the Opposition;

(d) the Chairman of the Chief Ministers' Conference;

(e) seven Members of Parliament nominated by the Committee of Selection of Parliament, reflecting as far as practicable the different ethnic and interest groups;

(f) two retired Judges of the Supreme Court or of the Court of Appeal established by this Constitution,, the 1978 Constitution or any other law, nominated by the Speaker, and who shall serve for a period of three years.

(2) The Speaker shall be the Chairman of the Constitutional Council.

(3) A member referred to in sub-paragraph (e) of paragraph (1) of this Article shall unless the member earlier resigns from office, by a writing addressed to the Chairman of the Committee of Selection or is removed from office by such Committee or ceases to be a Member of Parliament, hold office for a period of six years.

Appointment of members of certain Commissions and public bodies to be on the recommendation of the Constitutional Council

(123) (1) Save as provided in paragraph (2) of this Article, a person shall not be appointed as a member of any of the Commissions and public bodies specified in the Schedule to this Article or as a member of such other public body as Parliament may determine by law except on the recommendation of the Constitutional Council.

(2) The provisions of paragraph (1) of this Article shall not apply to the appointment for a period not exceeding three months of a person to act as a member of a Commission or a public body referred to in the Schedule to this Article or in such law.

(3) It shall be the duty of the Constitutional Council to recommend to the President or the appropriate appointing authority, persons for appointment as members of the Commissions or public bodies referred to in the Schedule to this Article or in such law whenever the occasion for such appointment arises and such recommendations shall reflect, as far as practicable, the different ethnic and interest groups.

Schedule

(a) the National Public Service Commission,

(b) the permanent Commission to Investigate Allegations of Bribery or Corruption,

(c) the Official Languages Commission,

(d) the University Grants Commission,

(e) the Election Commission,

(f) the Finance Commission.

Appointment to certain offices to be with the approval of the Constitutional Council.

(124) (1) Save as provided in paragraph (2) of this Article, a person shall not be appointed to any of the offices specified in the Schedule to this Article or to such other office or as a member of such other public body, as Parliament may determine by law, except with the approval of the Constitutional Council.

(2) The provisions of paragraph (1) of this Article shall not apply to the appointment for a period not exceeding three months of a person to act in any office or public body referred to in the Schedule to this Article or in such law.

(3) It shall be the duty of the President or the appropriate appointing authority to submit for approval to the Constitutional Council, names of persons for appointment to any of the offices or public bodies referred to in the Schedule to this Article or such law whenever the occasion for such appointment arises.

Schedule

(a) The Attorney-General,

(b) the Heads of the Army, Navy and Air Force and the National Police Service,

(c) the Commissioner of Elections,

(d) the Parliamentary Commissioner for Administration (Ombudsman),

(e) the Auditor-General.

Secretary to the Constitutional Council and procedure at meetings of the Council.

(125) There shall be a Secretary to the Constitutional Council appointed by the Council. (2) The Constitutional Council shall meet as often as may be necessary to perform the duties imposed on such Council by the provisions of this Chapter and such meetings shall be summoned by the Secretary to the Constitutional Council.

(3) The Chairman shall preside at all meetings of the Constitutional Council and in the absence of the Chairman from any meeting of the Constitutional Council, the Prime Minister shall preside at such meeting and in the absence of both Chairman and Prime Minister from any meeting of the Constitutional Council, a member elected by the members present at such meeting shall preside at such meeting.

(4) The quorum for any meeting of the Constitutional Council shall be seven.

(5) The Constitutional Council shall endeavour to make every recommendation or approval it is required to make, by unanimous decision and in the absence of a unanimous decision, the decision of the majority shall prevail.

(6) In the event of an equality of votes on any question for decision at any meeting of the Constitutional Council, the member presiding at such meeting shall have a casting vote.

(7) Subject to the preceding provisions of this Article, the Constitutional Council may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

Other duties and functions of the Constitutional Council.

(126) The Constitutional Council shall also perform and discharge such other duties and functions as are prescribed by this Constitution or by law.


Chapter XV

THE DEVOLUTION OF POWER TO REGIONS

Establishment of Regional Councils

(127) (1) A Regional Council shall be established for every Region specified in Part B of the First Schedule with effect from such date as the President shall appoint by Order published in the Gazette.

(2) (a) The President shall, by Order published in the Gazette, require a Referendum to be held in the Administrative Districts of Trincomalee and Batticaloa, and fix a date therefor, to enable the electors of such Districts to decide on the question whether or not such Districts and the Administrative Districts of Jaffna, Kilinochchi, Vavuniya, Mannar and Mullaitivu should form one Region to be designated the North Eastern Region.

(b) Where at such Referendum the question - (i) is answered in the affirmative by a majority of the valid votes cast, a Regional Council shall be established for the North-Eastern Region specified in part C of the First Schedule with effect from such date as the President shall appoint by Order published in the Gazette;.

(ii) is not answered in the affirmative, two separate Regional Councils shall be established for the Northern Region and the Eastern Region as specified respectively in part D of the First Schedule with effect from such dates as the President shall appoint by Order published in the Gazette.

(3) Where a Regional Council is to be established for the North-Eastern Region in terms of subparagraph (b) (i) of paragraph (2), a Regional Council shall be established for the South Eastern Region specified in part C of the First Schedule from such date as the President shall appoint by Order published in the Gazette.

(4) (a) Where a Regional Council for the North Eastern Region is to be established in terms of sub-paragraph (b) (i) of paragraph (2), the President shall, by Order published in the Gazette, require a Referendum to be held in the polling division of Ampara and fix a date therefor to enable the electors of such division to decide on the question whether or not such division should form a separate Region to be designated the Region of Ampara.

(b) Where at such Referendum the question - (i) is answered in the affirmative by a majority of the valid votes cast, such polling division shall form the Region of Ampara as specified in part E of the First Schedule and for which a Regional Council shall be established with effect from such date as the President shall appoint by Order published in the Gazette.

(ii) is not answered in the affirmative, the polling division of Ampara shall form part of the Uva Region specified in part B of the First Schedule and for which a Regional Council shall be established with effect from such date as the President shall appoint by Order published in the Gazette and, until such Order is made, the polling division of Ampara shall be administered by the Central Government and the provisions of the Constitution relating to the Capital Territory shall, mutatis mutandis, apply.

(5) The legislative and executive power of the Central Government shall extend to all subjects and functions set out in List II of the Second Schedule in respect of the Capital Territory specified in part A of the First Schedule which shall not form part of any Region for which a Regional Council is established under this Article.

(6) For the purposes of Article 2 and this Article, the boundaries and areas of the Administrative Districts, polling Division and Municipalities referred to in this Article and in the First Schedule shall be those established by or under any written law and in force at the Commencement of the Constitution.

(7) (a) The holding of the referenda provided for in this Article shall be deemed to be valid notwithstanding any inconsistency with the provisions of Chapter XII.

(b) Parliament shall by law provide for all matters relating to such referenda and, until Parliament so provides, the provisions of the Referendum Act No. 7 of 1981 shall, mutatis mutandis, apply.

Election of Members

(128) Every Regional Council established under Article 127 shall be constituted upon the members of such Council being elected in accordance with the law relating to Regional Council elections.

Governor

(129) (1) There shall be a Governor for each Region for which a Regional Council has been established in accordance with Article 127.

(2) The Governor shall be appointed by the President on the advice of the Chief Minister of the Region.

(3) The Governor may, by writing addressed to the President, resign from the office of Governor.

(4) (a) A Regional Council amy, subject to sub-paragraph (b) of this paragraph, present an address to the President advising the removal of the Governor on the ground that the Governor -

(i) has intentionally violated the provisions of the Constitution;

(ii) is guilty of misconduct or corruption involving the abuse of power of the office of Governor; or

(iii) is guilty of bribery or an offence involving moral turpitude,

if a resolution for the presentation of such address is passed by an absolute majority of the whole number of members of the Council (including those not present) voting in its favour.

(b) A resolution for the presentation of an address for the President advising the removal of the Governor on the grounds referred to in sub-paragraph (a) of this paragraph shall not be entertained by the Speaker of the Regional Council or discussed at the Council, unless notice of such resolution is signed by not less than one third of the whole number of members.

(5) Whenever the Governor is prevented by illness or any other cause from performing the duties of the office of Governor, or is absent from Sri Lanka, the Chief Judge of the High Court of that Region shall act in the office of the Governor.

(6) Subject to the provisions of this Article, the Governor shall hold office for a period of five years from the date the Governor assumes office.

(7) Every person appointed as Governor shall assume office upon making and subscribing the affirmation or taking and subscribing the oath, set out in the Fifth Schedule, before the President.

(8) Upon the assumption of office, a Governor shall cease to hold any other office created or recognized by the Constitution and if the Governor is a member of Parliament or a Member of a Regional Council, shall vacate the seat in Parliament or in the Regional Council, as the case may be, and shall not hold any other office or place of profit.

(9) (a) The Governor may from time to time summon a Regional Council to meet for the first sitting of any session at such time and place as the Governor thinks fit, but two months shall not intervene between the last sitting in one session and the date appointed for the first sitting of the next session.

(b) The Governor may, from time to time, prorogue the Regional Council.

(c) The Governor may dissolve the Regional Council.

(d) Subject to the provisions of the Constitution, the Governor shall exercise the power under sub-paragraph (c) of this paragraph in accordance with the advice of the Chief Minister, as long as the Board of Ministers commands the support of the majority of the Regional Council.

(10) (a) The Government of a Region shall have the power to grant pardon to any person convicted of an offence against a Statute made by the Regional Council of that Region to a law made by Parliament on a matter in respect of which the Regional Council has power to make statutes, or to grant a respite or remission of punishment imposed by court on any such person.

(b) The Governor shall exercise the power under this paragraph in consultation with a Committee consisting of the Speaker of the Regional Council, the Chief Judge of the Regional High Court Judge of the Regional High Court or any other Judge of the Regional High Court nominated by such Chief Judge and the Regional Attorney-General.

(c) The Governor shall not exercise the powers under this paragraph where power has been exercised by the President under Article 59 in respect of the same person and in respect of the same offence.

(11) The Governor may address the Regional Council and may for that purpose require the attendance of members.

(12) Parliament shall by law or resolution make provision for the salary and allowances payable to holders of the office of Governor.

Executive Powers of the Region

(130) (1) The executive power of the Region shall relate to the matters with respect to which a Regional Council has power to make statutes, shall be vested in the Governor, acting on the advice of the Chief Minister and the Board of Ministers, and shall be exercised in relation to specific subjects and functions through the Ministers and the respective Executive Committees either directly or through subordinate officers, in accordance with this Chapter.

(2) (a) All contracts made in the exercise of the executive powers of a Regional shall be expressly made in the name of the Governor of the Region, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the Governor by such persons and in such manner as the Governor may direct or authorise.

(b) The Governor shall not be personally liable in respect of any contract or assurance made or executed for the purposes of this Article nor shall any person making any such contract or assurance on behalf of the Governor be personally liable in respect thereof.

Interpretation of written law on matters enumerated in the Regional List

(131) (1) Where any power or function including the power to make any Order, Proclamation, Notification, regulation or rule, is conferred on, or assigned to a Minister of the Cabinet of Ministers or to a national public officer, as the case may be, by any written law made prior to the commencement of the Constitution on any matter enumerated in List II of the Second Schedule (hereinafter referred to as the Regional List), such power or function may, _

(a) if such power or function is conferred on, or assigned to, any such Minister, be exercised or discharged, in relation to a Region and unless the context otherwise requires, by the Minister of the Board of Ministers of that Region to whom the subject has been assigned; and accordingly, references in every such written law to a Minister of the Cabinet of Ministers shall be deemed to include references to the Minister of the Board of Ministers of such Region to whom the function has been assigned and

(b) if such power or function is conferred on, or assigned to, a national public officer, be exercised or discharged, in relation to a Region and unless the context otherwise requires, by the officer of the Regional Public Service holding an office corresponding to the office held by such national public officer; and accordingly, references in every such written law to a national public officer shall be deemed to include a reference to the officer of the Regional Public Service who holds an office corresponding to the office held by such national public officer.

(2) Where any such written law referred to in paragraph (1) of this Article makes provision _

(a) for any Order, Proclamation, Notification, regulation or rule made under that law to be laid before Parliament; or

(b) for the annulment or approval of any such Order, Proclamation, Notification, regulation or rule, by Parliament.

such provision shall have effect in relation to a Region as if references in it to Parliament were a reference to the Regional Council established for that Region.

(3) The provisions of paragraphs (1) and (2) of this Article shall apply, mutatis mutandis, to statutes of the corresponding Provincial Councils established by the 1978 Constitution and in force at the commencement of the Constitution.

Membership of a Regional Council

(132) A Regional Council shall consist of such number of members as may be determined by or under law, one half of whom shall be elected on a territorial basis and the other half on the basis of proportional representation.

Term of Office

(133) A Regional Council shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting, and the expiry of the said period of five years shall operate as the dissolution of the Council.

Board of Ministers

(134) (1) There shall be a Board of Ministers with the Chief Minister as the Head of the Board and such number of Ministers in respect of each Region as is specified in Column III of the First Schedule, to aid and advise the Governor of the Region in the discharge of the functions of the Governor and the Governor shall, in the discharge of those functions, act in accordance with such advice except in so far as the Governor is by or under the Constitution required to discharge the functions or any of them in the Governor's discretion.

(2) (a) The Governor, and in the case of the first Regional Council elected after the commencement of the Constitution, the President shall, subject to sub-paragraph (b) of this paragraph, appoint as Chief Minister, the member of the Regional Council established for that Region who is best able to command the support of a majority of the members of that Council.

(b) Where more than one half of the members elected to a Regional Council are members of one political party or independent group, the Governor or the President, as the case may be, shall appoint the leader of that party or group in the Council as Chief Minister.

(3) After the conclusion of an election of members of a Regional Council, the Commissioner of Elections shall forthwith apportion the number of Ministers among the recognized political parties and independent groups contesting the election and which have informed the Commissioner of Elections that they wish to participate in the Board of Ministers, in the same proportion as the proportion which the number of valid votes polled by each such party or group at the election held on the basis of proportional representation bears to the total number of valid votes polled by all such parties and groups at such election and for the purposes of such apportionment, the provisions of paragraphs (4), (5) and (6) and of Article 116 shall mutatis mutandis apply.

(4) (a) The Commissioner of Elections shall forthwith after such apportionment inform the Secretaries of the relevant parties and leaders of the respective groups the number of Ministers apportioned to each such party or group and the Secretary or leader, as the case may be, shall within forty-eight hours of receiving such information, inform the Commissioner of Elections the name or names of members to be appointed as Ministers.

(b) The Commissioner of Elections shall forthwith inform the Governor of such names.

(c) Any vacancy arising as result of a Minister ceasing to hold office shall be filled in accordance with the provisions of this paragraph.

(5) Where any political party or independent group as aforesaid fails to make a nomination of a member as a Minister within the period specified in paragraph (4) of this Article or does not fill a vacancy in the Board of Ministers to which such party or group is entitled within a period of seven days of such vacancy occurring it shall be deemed that such party or independent group does not wish to participate in the Board of Ministers and the Commissioner shall reapportion the number of Ministers and the provisions of paragraphs (3) and (4) of this Article shall, mutatis mutandis, apply.

(6) (a) The Chief Minister shall, in consultation with the members so nominated assign subjects and functions to such members who shall thereupon be appointed Ministers by the Governor.

(b) The Ministers appointed by the Governor shall constitute the Board of Ministers together with the Chief Minister and shall be responsible and answerable to the Regional Council.

(7) A person appointed to the office of Chief Minister or member of the Board of Ministers shall not enter upon the duties of the office of Chief Minister or Minister of the Board of Ministers until such person makes and subscribes the affirmation or takes and subscribes the oath set out in the Fifth Schedule.

(8) (a) Upon the death or resignation of the Chief Minister or where the Chief Minister is deemed to have resigned, the Board of Ministers shall stand dissolved, and the Governor shall, subject to sub-paragraph (b) of this paragraph, appoint a Chief Minister and a Board of Ministers in accordance with the provisions of this Article.

(b) Where it is not possible to make an appointment in accordance with the provisions of paragraph (3) of this Article, the Governor shall dissolve the Council.

(c) If the Regional Council rejects the statement of policy of the Regional Administration or the draft Appropriation Statute or passes a vote of no-confidence in the Regional Administration, the Chief Minister shall be deemed to have resigned.

Executive Committees (135) (1) There shall be an Executive Committee for each Ministry of which the Minister in charge of such Ministry shall be the Chairman.

(2) The Executive Committee shall be charged with the administration of the subjects and functions assigned to the Ministry and the Minister shall exercise power in relation to such subjects and functions in the name of the Executive Committee.

(3) The Executive Committee may make proposals in relation to policy to the Board of Ministers through the Minister and the Board of Ministers shall consider such proposals.

(4) (a) Every Regional Council shall proceed to the election of the aforesaid Committees as soon as may be after the election of a Speaker and before proceeding to the despatch of any other business.

(b) Each Committee shall contain as nearly as possible an equal number of members and every member of the Council except the Speaker shall be elected to one such Committee.

(c) Any member of the Council shall not be elected to more than one Committee.

(d) Where a member of a Committee is elected to fill any vacancy in the office of the Speaker, that member shall, upon such election, cease to be a member of such Committee.

(5) Subject to the provisions of this Article, the procedure for the election of Executive Committees and for the assignment to an Executive Committee of any member elected to the Council after the first meeting thereof following a general election and for the transfer of members from one Committee to another shall be as prescribed by the Standing Orders of the Council and in the absence of such Standing Orders, the procedure shall be as determined by the Speaker.

(6) Whenever a Minister of the Board of Ministers is unable to discharge the functions of the Minister's office the Governor acting on the advice of the Chief Minister tendered in consultation with the Secretary of the recognized political party or the leader of the independent group as the case may be, of which such Minister is a member, may appoint any member of the Executive Committee, of which such Minister is Chairman, to act in place of such Minister.

The Regional Attorney-General

(136) (1) The Governor of each Region shall appoint an Attorney-at-Law from the Region who has achieved eminence in the profession and has maintained high standards of conduct and professional rectitude to be the Regional Attorney-General.

(2) It shall be the duty of the Regional Attorney-General to give advice to the Governor, the Chief Minister and the Board of Ministers upon such legal matters and perform such other duties in relation thereto, as may be from time to time be referred or assigned to the Regional Attorney-General by the Governor, and to discharge the functions conferred on the Regional Attorney-General by or under this Chapter or other law.

(3) The Regional Attorney-General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine.

Legislative Power, Delegation and Procedure

(137) (1) Subject to paragraph (2) of this Article, the Regional Council of a Region has exclusive power to make statutes for such Region or any part thereof with respect to any of the matters enumerated in List II of the Second Schedule referred to as the ``Regional List''.

(2) A Statute of a Regional Council shall not contravene or be inconsistent with the Constitution and any Statute, insofar as it is in contravention or inconsistent with the Constitution, shall, to the extent of such contravention or inconsistency be void.

(3) (a) A Regional Council shall not abdicate or in any manner alienate its legislative power.

(b) The provisions of paragraphs (2), (3) and (4) of Article 92 shall, mutatis mutandis, apply to the exercise of legislative power by Regional Councils.

(4) Sittings of a Regional Council and the procedure for the transaction of business by a Regional Council shall be regulated by Standing Orders made by such Council.

Duties of the Regional Attorney-General in regard to Draft Statutes

(138) (1) It shall be the duty of the Regional Attorney-General to examine every Draft Statute proposed to be passed by the Regional Council for any contravention of or inconsistency with the Constitution, and the Regional Attorney-General or any officer assisting the Regional Attorney-General in the performance of the duties under this Article shall be afforded all facilities necessary for the performance of such duties.

(2) If the Regional Attorney-General is of the opinion that a Draft Statute contravenes or is inconsistent with the Constitution, the Regional Attorney-General shall, subject to the provisions of paragraph (3) of this Article, communicate such opinion to the Governor, the Chief Minister and the Board of Ministers.

(3) Where an amendment is proposed to a Draft Statute in the Regional Council, the Regional Attorney-General shall communicate the opinion on matters specified in paragraph (1) of this Article to the Speaker at the stage when the Draft Statute is ready to be put to the Regional Council for its acceptance.

(4) Where a Draft Statute is passed, despite the opinion of the Regional Attorney-General that it contravenes or is inconsistent with the Constitution, it shall be the duty of the Regional Attorney-General to invoke the jurisdiction of the Supreme Court to determine the constitutionality of such Statute or any part thereof.

Statutes inconsistent with laws and Statutes of Provincial Councils

(139) (1) Where there is a law with respect to any matter in the Regional List in force in any Region on the date on which a Regional Council is established for that Region and the Regional Council established for that Region subsequently makes a Statute on the same matter and which is described in its long title as being inconsistent with that law, then, the provisions of that law shall, with effect from the date on which that Regional Council Statute is certified by the Speaker of the Regional Council, remain suspended and be inoperative within that Region, to the extent of such inconsistency.

(2) Where there is a Statute of a Provincial Council established by the 1978 Constitution in force in any area of a Region on the date on which a Regional Council is established for that Region, such Statute shall continue to be in force in relation to the area to which it was applicable unless the Regional Council provides otherwise.

When a Draft Statute becomes Law

(140) (1) Every Draft Statute passed by a Regional Council shall come into force upon the certificate of the Speaker of that council being endorsed thereon.

(2) The Speaker shall endorse on every Draft Statute passed by the Regional Council a certificate in the following form:

``This Draft Statute (state the short title of the Draft Statute) has been duly passed by the Regional Council.''

Chief Ministers' Conference

(141) (1) (a) There shall be established a Chier Ministers' Conference which shall consist of the Chief Ministers of all the Regions.

(b) Where there is no Chief Minister in office in any Region, the Governor of that Region or any person authorised by the Governor may represent the Region at the Conference.

(2) (a) The Chairman of the Chief Ministers' Conference shall be elected by the Chief Ministers in rotation, so however, that such Chief Minister shall hold office as Chairman for a period of up to three months.

(b) The Chairman of the Chief Ministers' Conference shall represent the Conference on the Constitutional Council.

(3) The Conference shall have the power (a) to take all such actions and measures as are necessary to ensure full compliance with the provisions of this Constitution relating to Regional Councils and Regional Administrations, in accordance with the spirit and intention of the Constitution;

(b) to inquire into and to settle by mediation or conciliation any dispute which may arise between or among two or more Regional Administrations as well as between a Regional Administration and the Central Government;

(c) to inquire into and discuss subjects in which all or more than one of the Regions have a common interest, and to make recommendations for the better co-ordination of policy and action in respect of such subject, and

(d) to discuss matters relating to finance, the financial administration and accountability of the Regional Adminstration and to make representations thereon to the Finance Commission and the Central Government.

(4) Where efforts at mediation and conciliation as provided for in sub-paragraph (b) of paragraph (3) of this Article fail, such dispute may be referred for adjudication to a tribunal established, in accordance with this Article.

(5) (a) The tribunal referred to in paragraph (4) of this Article shall consist of -

(i) in the case of a dispute between or among two or more Regional Administrations, by a member appointed by each such Regional Administration being a party to the dispute, or

(ii) in the case of a dispute between a Regional Administration and the Central Government, a member appointed respectively by the Regional Administration which is party to the dispute and the Central Government;

and a Chairman nominated by the members so appointed.

(b) Where there is no agreement on the nomination of the Chairman, the Chairman shall be nominated by the Constitutional Council.

(c) The practices and procedures of the tribunal shall be regulated by rules framed by the Conference.

(d) Any award or determination made by such tribunal shall be binding on the parties to the dispute.

(6) The Conference shall regulate its own procedures and shall meet every month, unless otherwise determined by the Conference.

(7) The Prime Minister shall meet with the Conference from time to time, so however that, a period of three months shall not elapse between two such meetings.

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