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

Chapter VI

PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES

Principles of State Policy

(53) The following principles shall guide the State in making laws and in the governance of Sri Lanka.

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

(2) The State shall assist the development of the cultures and languages of the People.

(3) The State shall safeguard and strengthen the democratic structure of government and the democratic rights of the People.

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

(a) the full realization of the fundamental rights and freedoms of all persons;

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

(c) the elimination of economic and social privilege, disparity and exploitation;

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

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

(f) ensuring social security and welfare;

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

(h) the creation of the necessary environment to enable adherents of all religions to make a living reality of their religious principles.

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

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

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

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

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

Fundamental duties

(54) It shall be the duty of every citizen to -

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

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

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

(4) respect the rights and freedoms of others;

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

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

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

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

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

(10) uphold the rule of law and renounce all forms of violence;

(11) work conscientiously in that citizen's chosen occupation.

Principles of State Policy and Fundamental duties not justiciable

(55) (1) The provisions of this Chapter do not confer or impose legal rights or obligations, and are not enforceable in any court or tribunal.

(2) Any question of inconsistency with such provisions shall not be raised in any court or tribunal.


Chapter VII

THE CENTRAL EXECUTIVE THE PRESIDENT OF REPUBLIC

President of the Republic

(56) (1) There shall be a President of the Republic of Sri Lanka, who is the Head of State and the Commander-in-Chief of the Armed Forces and who shall act on the advice of the Prime Minister as hereinafter provided.

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

Election of President

(57) (1) Any citizen who is qualified to be an elector under the Constitution shall be qualified for election by Parliament as the President.

(2) A citizen qualified under paragraph (1) of this Article shall be elected by Parliament as the President if not less than one-half of the whole number of Members of Parliament (including those not present) vote in favour of the citizen, in accordance with such procedure as may be provided for by law or standing orders, and, in the absence of such law or standing orders, in accordance with such procedure as may be determined by the Speaker.

(3) The person elected as President shall assume office as the President upon making and subscribing the following affirmation or taking and subscribing the following oath before the Chief Justice or, in the absence of the Chief Justice, any other Judge of the Supreme Court:

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

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

Powers of President

(58) In addition to the powers and functions expressly conferred on or assigned to the President by the Constitution or by any written law, the President shall have the power -

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

(b) to preside at ceremonial sittings of Parliament;

(c) to summon, prorogue and dissolve Parliament;

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

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

(f) to keep the Public Seal of the Republic, and to make and execute under the Public Seal, the Acts of Appointment of the Prime Minister and other Ministers of the Cabinet of Ministers, the Deputy Ministers, the Governors of Regions, the Chief Justice and the President of the Court of Appeal, the other Judges of the Supreme Court and the Court of Appeal and the Judges of the Regional High Courts, such grants and dispositions of lands and immovable property vested in the Republic as the President is by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that Seal;

(g) to declare war and peace;

(h) to appoint as President's Counsel, Attorneys-at-Law who have achieved eminence in the profession and have maintained high standards of conduct and professional rectitude;

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

(j) to do all such acts and things, not being inconsistent with the provisions of the Constitution or written law as by international law, custom or usage a Head of State is required or authorized to do.

Grant of Pardon

(59) (1) The President may, in the case of any offender convicted of any offence in any court within the Republic -

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

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

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

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

(2) The President shall exercise power under paragraph (1) of this Article in consultation with a Committee consisting of the Speaker of Parliament or a person nominated by the Speaker, the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice, the Minister of the Cabinet of Ministers in charge of the subject of Justice or an official nominated by the Minister and the Attorney-General or an officer of the Attorney-General's Department nominated by the Attorney-General.

(3) Where any offender shall have been condemned to suffer death by the sentence of any Court, the President shall, before the exercise of the power conferred under paragraph (1) of this Article, cause a report to be made to the President by the Judge who tried the case.

(4) The President may in the case of any person who is or has becomes subject to any disqualification specified in any law relating to the election of Members of Parliament and Members of Regional Councils -

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

(b) reduce the period of such disqualification.

Immunity of President from suit.

(60) Any proceedings shall not be instituted or continued against the President in any court, tribunal or institution in respect of anything done or omitted to be done by the President in the official capacity of the President. Salary, Allowances and Pension of the President.

(61) (1) (a) Parliament shall be resolution determine the salary, allowances and pension entitlement of the holders of the office of President.

(b) The pension entitlement determined under sub-paragraph (a) of this paragraph shall be in addition to any other pension to which such person is entitled by virtue of any prior service.

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

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

Term of office and vacation of office by President.

(62) (1) Subject to the provisions of paragraph (2) of this Article, the President shall hold office for a period of five years commencing with the date on which the President assumes office, but notwithstanding the expiration of this period, the President shall remain in office until the next President assumes office.

(2) Any person who has been twice elected to the Office of President in accordance with the provisions of this Chapter shall not be qualified thereafter to be elected to such office by Parliament.

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

(a) upon the death of the President; or

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

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

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

President to act on advice

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

(2) Any court, tribunal or institution shall not have the power or jurisdiction to inquire into, pronounce upon or in any manner call in question any act or omission on the part of the President on the ground that the provisions of paragraph (1) of this Article have not been complied with.

Temporary vacation of office of President.

(64) (a) Whenever the President is prevented by illness or any other cause from performing the duties of the office of President, or is absent from the Republic, or during any period in which the office of President is otherwise vacant, the Chief Justice shall act in the office of the President of the Republic of Sri Lanka unless another person is elected by Parliament to act in such office;

(b) such person shall, before assuming office, make and subscribe the affirmation or take and subscribe the oath in the form and manner prescribed in Article 57.

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

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


Chapter VIII

THE CENTRAL EXECUTIVE THE PRESIDENT AND
THE CABINET OF MINISTERS

Cabinet of Ministers.

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

(2) (a) Of the Ministers, one who shall be the Head of the Cabinet of Ministers shall be the Prime Minister.

(b) The President shall appoint as Prime Minister the Member of Parliament who is most likely to command the confidence of Parliament.

(c) The Prime Minister shall assume office upon making and subscribing the following affirmation or taking and subscribing the following oath:

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

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

(66) Upon the death or the resignation of the Prime Minister or where the Prime Minister is deemed to have resigned, the President shall appoint a Prime Minister in terms of Article 65, and the provisions of that Article shall apply to such appointment.

Ministers and their subjects and functions

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

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

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

Deputy Ministers.

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

(2) A Minister of the Cabinet of Ministers may, by Notification published in the Gazette, delegate to a Deputy Minister of the Minister any of the powers or duties conferred or imposed on the Minister by any written law, and it shall be lawful for the Deputy Minister to exercise or perform any power or duty so delegates notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on the Minister.

Tenure of office of the Ministers and Deputy Ministers.

(69) A Minister or a Deputy Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless the Minister or Deputy Minister -

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

(b) resigns from office by a writing addressed to the President; or

(c) save in the circumstances set out in Article 70 ceases to be a Member of Parliament

Cabinet of Ministers after dissolution of Parliament.

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

Dissolution of the Cabinet of Ministers.

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

(2) The provisions of paragraph (1) of this Article shall not operate if the death or resignation of the Prime Minister occurs in the period referred to in Article 70 and in that event, the Cabinet of Ministers shall continue to function with the other Ministers as its members until the expiration of that period and the President shall appoint one from among such Ministers to be the Prime Minister.

(3) If on the death or resignation of the Prime Minister in the period referred to in Article 70 there is no other Minister, the President shall exercise and perform the powers and functions of the Cabinet of Ministers functioning under Article 70 until the conclusion of the General Election. Resignation of the Prime Minister. 11

(72) (1) The Prime Minister may resign from the office of Prime Minister by a writing addressed to the President.

(2)The Prime Minister shall be deemed to have resigned-

(a) at the conclusion of a General Election or

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

Acting Ministers and Acting Deputy Ministers.

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

Secretary to the Cabinet of Ministers.

(74) (1) There shall be a Secretary to the Cabinet of Ministers who shall be appointed by the President.

(2) The Secretary shall, subject to the directions for the Prime Minister, have charge of the office of the Cabinet of Ministers, and shall discharge and perform such other duties and functions as may be assigned to the Secretary by the Prime Minister or the Cabinet of Ministers.

Secretaries to Ministers.

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

(2) The Secretary to a Ministry shall, subject to the direction and control of the Minister, exercise supervision over the Departments of Government or other institutions in the charge of the Minister of the Cabinet of Ministers.

(3) The Secretary to a Ministry shall cease to hold office upon the dissolution of the Cabinet of Ministers under the provisions of the Constitution or upon a determination by the Prime Minister under Article 67 which results in such Ministry ceasing to exist.

(4) Where the Secretary to Ministry ceases to hold office under paragraphs (3) of this Article, the Cabinet of Ministers may, subject to paragraphs (5), (6) and (7) of this Article, appoint such Secretary to any other post in the Public Service.

(5) A person who immediately prior to appointment as Secretary to a Ministry was in the service of the State or in the service of any public corporation shall be deemed to have been temporarily released from such service and shall be entitled to revert to such service without loss of seniority upon the person ceasing to hold office under paragraph (3) of this Article.

(6) paragraph (5) of this Article shall mutatis mutandis, apply to a Secretary to a Ministry upon-

(a) the President terminating the services of the Secretary, otherwise than by dismissal or disciplinary grounds, or

(b) the resignation of the Secretary from office, unless disciplinary proceedings are pending or contemplated against the Secretary on the date of the resignation.

(7) For the purposes of paragraphs (4), (5) and (6) of this Article any person who has continuously held the office of Secretary to the President, Secretary to the Prime Minister, Secretary to a Ministry or any other office in the President's or Prime Minister's staff or any one or more of such offices shall be deemed to have continuously held the office which such person last held prior to such appointment.

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

Official oath

(76) Any person appointed to any office referred to in this Chapter shall not enter upon the duties of that office unless the person makes subscribes or takes and subscribes the affirmation or oath out in the Fifth Schedule.


Chapter IX

The Central Legislature Parliament

Parliament

(77) (1) There shall be a Parliament which shall consist of two hundred and twenty five members elected in accordance with the provisions of the Constitution.

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

Official oath

(78) Except for the purpose of electing the Speaker, a Member shall not sit or vote in Parliament until the Member has made and subscribed the following affirmation or taken and subscribed the following oath before Parliament:-

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

Speaker, Deputy Speaker and Deputy Chairman of Committees.

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

(2) A member holding office as the Speaker or the Deputy Speaker or the Deputy Chairman of Committees shall vacate such office-
(a) if the Member ceases, save upon a dissolution of Parliament, to be a Member of Parliament; or

(b) if the Member resigns from such office by a writing addressed to the President.

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

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

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

Deputy Speaker to act for Speaker

(80) Where the Speaker is unable to discharge the functions of the Speaker's office, the powers, duties and functions conferred on or assigned to the Speaker by any provision of the Constitution may be exercised, performed or discharged by the Deputy Speaker.

Secretary General of Parliament

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

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

(3) The members of the staff of the Secretary-General shall be appointed by the Secretary-General with the approval of the Speaker in such terms and conditions as may be determined by the Secretary-General.

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

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

(a) upon death;

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

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

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

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

(6) Whenever the Secretary-General is unable to discharge the functions of the office of Secretary-General, the President may appoint a person to act in the place of the Secretary-General.

Vacation of seats

(82) The seat of a Member shall become vacant-

(a) upon the death of the Member;

(b) if, by a writing addressed to the Secretary-General of Parliament, the Member resigns such Member's seat;

(c) upon the Member assuming the office of President consequent to the Member's election to such office by Parliament;

(d) if the Member becomes subject to any disqualification specified in Articles 107 and 108;

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

(f) if, without the leave of Parliament first obtained, the Member is absent from the sittings of Parliament during a continuous period of three months;

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

(h) upon the dissolution of Parliament; or

(i) upon a resolution for the expulsion of the Member being passed in terms of Article 98.

Privileges and Powers of Parliament and its Members.

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

Remuneration and allowances of Members

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

(2) Until Parliament so provides, the remuneration or allowance payable to Ministers of the Cabinet of Ministers and Deputy Ministers and Members of Parliament, including the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, shall be the same as the remuneration or allowance paid to Ministers of the Cabinet of Ministers, Deputy Ministers and Members of Parliament including the Speaker, the Deputy Speaker and the Deputy Chairman of Committees of Parliament at the commencement of the Constitution.

Power to act notwithstanding vacancies

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


Chapter X

THE CENTRAL LEGISLATURE PARLIAMENT -
PROCEDURE AND POWERS

Sessions of Parliament

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

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

(b) At any time while Parliament stands prorogued, the President may by Proclamation -

(i) summon Parliament for a date, earlier than the date fixed under sub-paragraph (a) of this paragraph, not being less than three days from the date of the Proclamation under sub-paragraph (a) of this paragraph; or

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

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

(4) (a) A Proclamation dissolving Parliament shall fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.

(b) Upon the dissolution of Parliament by virtue of the provisions of paragraph (2) of Article 77 the President shall forthwith by Proclamation fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.

(c) The date fixed for the first meeting of Parliament by a Proclamation under sub-paragraph (a) or sub-paragraph (b) of this paragraph may be varied by a subsequent Proclamation, provided that the date so fixed by the subsequent Proclamation shall be a date not later than three months after the date of the original Proclamation.

(5) If at any time after the dissolution of Parliament, the President is satisfied that an emergency has arisen of such a nature that an earlier meeting of Parliament is necessary, the President may by Proclamation summon the Parliament which has been dissolved to meet on a date not less than three days from the date of such Proclamation and such Parliament shall stand dissolved upon the termination of the emergency or the conclusion of the General Election, whichever is earlier.

Adjournment

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

Voting

(88) (1) Save as otherwise provided in the Constitution, any question proposed for decision by Parliament shall be decided by the majority of votes of the Members present and voting.

(2) The person presiding shall not vote in the first instance but shall have and exercise a casting vote in the event of an equality of votes.

Quorum

(89) Where at any time during a meeting of Parliament the attention of the person presiding is drawn to the fact that there are fewer than twenty Members present, the person presiding shall, subject to any Standing Order, adjourn the sitting without question put.

Standing Orders

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

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

(ii) the regulation of its business, the preservation of order at its sittings and any other matter for which provision is required or authorized to be so made by the Constitution.

(2) Until Parliament otherwise provides by law or by resolution, the Standing Orders of Parliament, in force at the commencement of the Constitution, shall, mutatis mutandis, be the Standing Orders of Parliament.

Legislative Power

(91) (1) Parliament has exclusive power to make laws, including laws having retrospective effect, with respect to any of the matters enumerated in List I of the Second Schedule (referred to as the Reserved List) and with respect to the matters enumerated in List II in the Second Schedule (referred to as the Regional List) in relation to the Capital Territory referred to in paragraph (1) of Article 2 and specified in Part A of the First Schedule.

(2) The power to make laws vested in Parliament by paragraph (1) of this Article and Article 99, shall be exercised by Bills passed by Parliament and certified by the Speaker or the President as hereinafter provided.

Delegation of Legislative Power

(92). (1) Parliament shall not abdicate or in any manner alienate its legislative power and shall not set up any authority with any such legislative power.

(2) It shall not be a contravention of the provisions of paragraph (1) of this Article for Parliament to make, in any law relating to public security, provision empowering the President to make emergency regulations in accordance with such law.

(3) It shall not be a contravention of the provisions of paragraph (1) of this Article for Parliament to make any law containing any provision empowering any person or body to make subordinate legislation for prescribed purposes, including the power -

(a) to appoint a date on which any law or any part thereof shall come into effect or cease to have effect;

(b) to make by order any law or any part thereof applicable to any locality or to any class of persons; and

(c) to create a legal person, by an order or an act and for the purposes of sub-paragraphs (a) and (b) of this paragraph, ``law'' includes existing law.

(4) Subject to the provisions of the Constitution, any existing law containing any such provision as aforesaid shall be valid and operative.

Duties of Attorney-General in regard to published Bills

(93). (1) It shall be the duty of the Attorney-General to examine every Bill for any contravention of the requirements of paragraphs (1) and (2) of Article 100 and for any provision which cannot be validly passed except by the special majority prescribed by the Constitution; and the Attorney-General or any officer assisting the Attorney-General in the performance of the duties under this Article shall be afforded all facilities necessary for the performance of such duties.

(2) Where the Attorney-General is of the opinion that a Bill contravenes any of the requirements of paragraphs (1) and (2) of Article 100 or that any provision in a Bill cannot be validly passed except by the special majority prescribed by the Constitution, the Attorney-General shall communicate such opinion to the President.

(3) Where an amendment is proposed to a Bill in Parliament, the Attorney-General shall communicate the opinion of the Attorney-General on the matter specified in paragraph (2) of this Article to the Speaker at the stage when the Bill is ready to be put to Parliament for its acceptance.

Publication and Passing of Bills

(94). (1) Subject to the Article 166 every Bill shall be published in the Gazette at least fourteen days before it is placed on the Order Paper of Parliament.

(2) The passing of a Bill or a resolution by Parliament shall be in accordance with the Constitution and the Standing Orders of Parliament.

(3) Parliament may suspend any one or more of the Standing Orders in the circumstances and in the manner prescribed by the Standing Orders.

Certificate of Speaker

(95). (1) Subjects to paragraphs (2) and (3) of this Article, the Speaker shall endorse on every Bill passed by Parliament a certificate in the following form:-

``This bill (here state the short title of the Bill) has been duly passed by Parliament''.

and such certificate may also state the majority by which such Bill was passed.

(2) Where by virtue of the provisions of Article 100 or Article 101 or Article 102 or Article 167 (2) a special majority is required for the passing of a Bill, the Speaker shall certify such Bill only if such Bill has been passed with such special majority.

(3) Where by virtue of Article 101, the Bill or any provision thereof requires the approval of the People at a Referendum, the certificate of the Speaker shall further state that the Bill or such provision shall not become law until approved by the People at a Referendum.

(4) The certificate of the Speaker under this Article shall be final and conclusive, and shall not be called in question in any court.

When Bill becomes law

(96). (1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon.

(2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (2) of Article 103 only when the President certifies in the manner specified in paragraph (3) of this Article that the Bill or provision thereof has been so approved.

(3) The President shall endorse on every Bill approved at a referendum a certificate in the following form:

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

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

Validity of Acts not be questioned.

(97). Except as provided in Article 168, where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be, being endorsed thereon, any court or tribunal shall not inquire into, pronounce upon or in any manner call in question, the validity of such Act or of any provision contained therein on any ground whatsoever.

Imposition of Acts not be questioned

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

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

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

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

(3) A resolution under paragraph (1) of this article shall not be entertained by the Speaker or placed on the Order Paper of Parliament unless introduced by the Prime Minister with the approval of the Cabinet of Ministers.

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

``This resolution has been duly passed by Parliament in accordance with the provisions of Article 98 of the Constitution''.

and every such certificate shall be final and conclusive for all purposes and shall not be called in question in any court, and a court or tribunal shall not inquire into, or pronounce upon or in any manner call in question, the validity or such resolution on any ground whatsoever.

(5) in this Article-

``Court of Appeal'' means the Court of Appeal created and established by the Constitution and includes the Court of Appeal created and established by the 1978 Constitution

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

``Regional High Court'' means the Regional High Court created and established by the Constitution and includes the High Court of Sri Lanka created and established by the 1978 Constitution.

``Supreme Court'' means the Supreme Court created and established by the Constitution and includes the Supreme Court created and established by the 1978 Constitution.

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