Amendments to the Constitution of the Democratic Socialist Republic of Sri Lanka

First Amendment

FIRST AMENDMENT TO THE CONSTITUTION Act No of 1978

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

Be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :- [20th November , 1978 ]

1. This Act may be cited as the First Amendment to the Constitution.

2. Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka is hereby amended by the insertion immediately at the end of that Article of the following proviso:-

" Provided that parliament may by law provide that in any such category of eases as may be specified in such law, the jurisdiction conferred on the Court of Appeal by the preceding provisions of this Article shall be exercised by the Supreme Court and not by the Court of Appeal."

3. The provisions of this Act shall be deemed to have come into operation on September 7, 1918.

Second Amendment

SECOND AMENDMENT TO THE CONSTITUTION Act No of 1979

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

BE it enacted by the Parliament of the Democratic Socialist republic of Sri Lanka as follows: - [26th February , 1979 ]

1. This Act may be cited as the Second Amendment to the Constitution.

2. Article 161 of the Constitution. of the Democratic Socialist Republic of Sri Lanka is hereby amended by the' repeal of sub-paragraph (ii) of paragraph (d) of that Article and the substitution therefor, of the following new sub-paragraph:- "

(ii) Where during the duration of the First Parliament, a Member ceases, by resignation, expulsion or other wise, to be a member of the recognized political party to which he belonged upon or after the commencement of the Constitution, the Secretary. of such party shall, within two weeks of the date on which such Member 80 ceased to be a member of such party, communicate, in writing to the secretary-General of Parliament, the fact and date thereof. The Secretary-General shall upon receipt of such communication, submit it. to the Speaker.

Where a Member ceases to be a member. of the recognized political party to which he belonged by reason of being expelled from such party, he shall be entitled to apply, within one month of the date of such expulsion by petition in writing, to the Supreme Court for a determination that such explosion was invalid. In the event of any such application being. made, the Registrar of the Supreme Court shall forthwith inform the Secretary-General of Parliament in writing, of such application. Every such application shall be heard and determined by not less than three Judges of the Supreme Court who. shall, within two months of the making of Such application, determine whether such expulsion was valid or not.

The Speaker shall, on receiving in the aforesaid manner, a communication alleging that a Member has ceased to be a member of the recognized political part to which such Member belonged appoint a Select Committee consisting of not less than five Members of Parliament (one of whom shall be nominated as Chairman thereof) to inquire into, and report to Parliament on, the circumstances in which such Member is alleged to have resigned from, or to have been expelled from,. or to have otherwise ceased to, be a member of, such party, and the reasons therefor:

Provided, however, that where such communication alleges that a Member has ceased to be a member of the recognized political party to which he belonged by reason of his being expel there. from. no Select Committee shall be appointed as aforesaid until after the expiration of a period of one month from the date of such alleged expulsion, and in any case where such Member has applied to the Supreme Court for a determination that such ' expulsion was invalid, unless and until the Supreme Court has determined that such expulsion was valid.

The provisions of the Parliament (Powers and Privileges) Act shall mutatis mutandis, apply in relation to proceedings before, and to the .privileges, immunities and powers of, a Select Committee appointed as aforesaid, and every such Select Committee shall be deemed, for the purposes of that Act, to be duly authorized by an order of parliament to send for persons, papers and records.

After consideration of the report made by a Select Committee appointed as aforesaid, Parliament may, by resolution passed by not less than eighty-five Members voting in its favour, resolve that the Member to whom, such report relate), shall cease to be a Member of Parliament; The Speaker shall endorse on every resolution so passed, a certificate in the following form: -

"This resolution shall been passed by the majority required by Article 161 (d) (ii) of the Constitution"

The seat of such Member shall, with effect from the date of such certificate, become vacant.

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

3. The provisions of section 2 of this Act shall be deemed for all purposes, to have come into force upon the commencement of the Constitution, and accordingly , -

(a) the seat of a Member of Parliament shall be deemed never to have become vacant by reason of the operation of the provisions of the Constitution which are repealed by the provisions of section 2 of this Act:

(b) where at the hearing in any court or tribunal, of any application, suit or other proceeding, whether instituted before or after the commencement of this. Act, any question arises as to whether the seat of a Member of Parliament has become vacant by reason of such Member having ceased, by resignation, expulsion or otherwise, to be a member of the recognized political party to which he belonged upon the commencement of the Constitution, such question and any other question relating to the application of Article 161 (d) (ii) shall be determined in accordance with Article 161 (d) (ii) of the Constitution as amended by section 2 of this Act;

(c) where a Member of Parliament has ceased, prior to the date of commencement of this Act, to be member of the recognized political party to which he belonged upon the commencement of the Constitution, a communication relating thereto made, within two weeks of the date of commencement of this Act, to the Secretary-General of Parliament by the Secretary of such party, shall be deemed to be a communication made in compliance with Article 161 (d) (ii) of the Constitution as amended by section 2 of this Act; and

(d) where a Member of Parliament. has been expelled, prior to the date of commencement of this Act, from the recognized political, party to which he belonged upon the, commencement Constitution, .an application made by such Member, within one month of the date of commencement of this Act, to the Supreme Court for a determination that such expulsion was invalid, shall be deemed to be an application made In" compliance with Article 181 (d) (ii) of the Constitution as amended by section 2 of this Act.

Third Amendment

THIRD AMENDMENT TO THE CONSTITUTION Act No 2 of 1982

AN ACT TO AMEND THE CONSTITUTION OF THE 'DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :- [27th August , 1982 ]

1. This Act may be cited as the Third Amendment to the Constitution.

2. Article 31 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the " Constitution ") is hereby amended as follows :-

(1) by the insertion, immediately after paragraph (3) of that Article, of the following paragraph : -

" (3A)

(a)

(i) Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the President may, at any time after the expiration of four years from the commencement of his first term of office, by Proclamation, declare his intention of appealing to the People for a mandate to hold office, by election, for a further term.

(ii) Upon the making of a Proclamation under sub-paragraph (i) the Commissioner of Elections shall be required to take a poll for the election of the President.

(b) If, at any time after the date of Proclamation referred to in paragraph (a) and before the close of the poll at the election held in pursuance of such Proclamation, the President in office dies, such Proclamation shall be deemed to have been revoked with effect from the date of Such death and the election to be held in pursuance of such Proclamation shall be deemed to be cancelled. Toe vacancy in the office of President caused by such death shall be filled in accordance with the provisions of Article 40.

(c)

(i) If, at any time between the close of the poll at an election held under this paragraph and the declaration of the result of such election a candidate at such election dies, the Commissioner of Elections shall proceed with the count and declare the result of such election, notwithstanding the death of such candidate.

(ii) If the person entitled. to be declared elected as President is dead at the time of the declaration of the result of such. election. the Commissioner of Elections shall not declare the result of such election but shall take a fresh poll for the election of the President.

(iii) If by reason of the death referred to in sub-paragraph (i) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by, the new President and shall appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister :

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.

(d) The person declared elected as President at an election held under this paragraph shall, if such person-

(i) is the President in office, hold office for a term of six years commencing on such date in the year in which that election is held (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier ; or

(ii) is not the President in office, hold office for a term of six years commencing on the date on which the result of such election is declared.

(e) A person succeeding to the office of President under the provisions of Article 40 shall not be entitled to exercise the right conferred on a President by sub-paragraph (a) of this paragraph. (f) For the purposes of this paragraph, the first term of office of the first President referred to in Article 160 shall be deemed to have commenced on February 4,1978. " ;

(2) by the repeal of paragraph (4) of that Article and the substitution of the following paragraph therefor : -

" (4) Where a poll for the election of a President is taken, the term of office of the person elected as President at such election shall commence on the expiration of the term of office of the President in office :

Provided that notwithstanding anything to the contrary in Article 40 -

(a) if any person declared elected as President at a poll for the election of a President dies at any time after his being declared elected as President, and before the date on which his term of office would, but for his death, have commenced, the Commissioner of Elections shall take a fresh poll for the election of a President. If the date fixed for such fresh poll is a date later than such first-mentioned date, the term of office of the person declared elected at such poll shall, notwithstanding the preceding provisions of this Article, be deemed to have commenced on such first-mentioned date. For the purposes only of Article 38 (1) (d), the date of commencement of the term of office of the new President shall be the date of his election;

(b) where the President in office is not a candidate or is not re-elected, at a poll for the election of a President, his term of office shall be deemed to have expired on the date on which the result of such election is declared. The person elected as President at such election shall assume office forthwith, but. not later than two weeks from such date :

Provided that the President in office, notwithstanding anything to the contrary in Article 30, shall continue to exercise, perform and discharge. the powers, duties and functions of the office of, President until the assumption of office by the person declared elected as President. If the office of President becomes vacant, by reason of the person declared elected as President failing to assume office, the President in office shall continue to exercise, perform and discharge the powers, duties and func-tions of the office of President, until the Prime Minister or if the office of Prime Minister be then vacant or if the Prime Minister be unable to act, the Speaker commences to act in the office of President in terms of Article 40;

(c) if by reason of the death referred to in sub-paragraph (a) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by- the new President and shall appoint one of the other Ministers of the Cabinet to act as Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.".

3. Article 38 of the Constitution is hereby amended in sub-paragraph (d) of paragraph (1) of that Article by the substitution, for the words " one month", of the words " two weeks ".

4. Article 160 of the Constitution is hereby amended by the substitution, for the words " shall hold office ", of the words and figures "shall, subject to the provisions of Article 31, hold office "..

Fourth Amendment

FOURTH AMENDMENT TO THE CONSTITUTION Act No 01 of 1982

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

Preamble.

WHEREAS the People of Sri Lanka have on the 20th day of October, 1982, reaffirmed their faith in the unremitting efforts made after July, 1977, to ensure a prosperous, just and free society:

AND WHEREAS it is essential to ensure for a further term, the stability necessary for the continuation of the programme undertaken for the advancement and progress of the People of Sri Lanka and the realization of their aspirations:

Now, therefore, be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: -

1. This Act may be cited as the Fourth Amendment to the Constitution.

2. Article 161 of the Constitution of the Democratic Socialist Republic of Sri Lanka is hereby amended by the repeal of paragraph (e) of that Article and the substitution therefor, of the following new paragraph :-

" (e) unless sooner dissolved, the First Parliament shall continue until August 4, 1989, and no longer, and shall thereupon stand dissolved, and the provisions of Article 70 (5) (b) shall, mutatis mutandis, apply.".

Fifth Amendment

FIFTH AMENDMENT TO THE CONSTITUTION Act No 05 of 1983

An Act to amend the Constitution of the Democratic Socialist Republic of Sri Lanka.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :- [25th February , 1983 ]

1. This Act may be cited as the Fifth Amendment to the Constitution.

2. Article 161 of the Constitution of the Democratic Socialist Republic of Sri Lanka is hereby amended in sub-paragraph (iii) of paragraph (d) of that Article as follows:-

(a) by the substitution, for the words " in respect of which the vacancy occurred ;", of the words " in respect of which the vacancy occurred : " ; and

(b) by the addition, at the end of that sub-paragraph, of the following proviso :-

"Provided that where the Secretary of such political party fails to nominate a member of such political party to fill such vacancy under the preceding provisions of this sub-paragraph within thirty days of his being required to do so or where the Secretary of a political party had been required, before the coming into force of this proviso, to nominate a member of such political party to fill any such vacancy under such provisions and such Secretary fails, within thirty days of the coming into force of this proviso, to nominate a member of such political party to fill such vacancy, then, the Commissioner of Elections shall forthwith so inform the President, who shall, within thirty days of the receipt by him of such information, by Notice published in the Gazette, order the Commissioner of Elections to hold an election for the electoral district in respect of which such vacancy has occurred. The Commissioner of Elections shall thereupon hold an election, in accordance with Part I and Parts IV to VI (both inclusive) of the Ceylon (Parliamentary Elections) Order in Council, 1946, for such electoral district as existed immediately preceding the Constitution and on the basis of such part of the register, prepared under the Registration of Electors Act, No. 44 of 1980, and in operation, as corresponds to such electoral district. The aforesaid parts of the Ceylon. (Parliamentary Elections) Order in Council, 1946, shall, for the purposes of such election and notwithstanding the repeal of such Order in Council, be deemed to be in force and shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, apply to such election.

The law applicable to election petitions in relation to such electoral district shall be the aforesaid parts of such Order in Council as applied aforesaid and in the event of such election being declared void and no other person is determined to have been duly returned or elected, the election to fill such vacancy shall be held in accordance with the provisions of this proviso ;".

Sixth Amendment

SIXTH AMENDMENT TO THE CONSTITUTION Act No 06 of 1983

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

WHEREAS Sri Lanka is a Free, Sovereign, Independent and Unitary State and it is the duty of the State to safeguard, the independence, sovereignty. unity and the territorial integrity of Sri Lanka :

AND WHEREAS the independence. sovereignty, unity and the territorial integrity of Sri Lanka has been threatened by activities of certain persons, political parties and other associations and Organizations :

AND WHEREAS it has become necessary to prohibit such activities and to provide punishments therefor : Now be it therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :- [8th August , 1983 ] Short title.

1. This Act may be cited as the Sixth Amendment to the Constitution.

2. Article 101 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter. referred t9 as "the Constitution") is hereby amended in sub-paragraph (h) of paragraph (1) of that Article by the substitution for the words " by election or otherwise ; and " , of the words and figures " by election or otherwise, or where, a recognized political party or independent group has been proscribed under Article 157A.; and.

3. The following Article is hereby inserted after Article 157, and shall have effect as Article 157A , of the Constitution :-

157A.

(1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.

(2) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.

(3) Any person who acts in contravention of the provisions of paragraph (1) shall, on conviction by the Court of Appeal, after trial on indictment and according to such procedure as may be prescribed by law, -

(a) be subject to civic disability for such period not exceeding seven years as may be determined by such Court :

(b) forfeit his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family ;

(c) not be entitled to civic rights for such period not exceeding seven years as may be determined by such Court ; and

(d) if he is a Member of Parliament or 8 person in such service or holding such office as is referred to in paragraph (l) of Article 165, cease to be such Member or to be in such service or to hold such office.

(4) Where any political party Of other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka, any person may make an application to the Supreme Court for a declaration that such political party or other association or organization has as one . , of its aims or objects the establishment of a separate State within the territory of Sri Lanka. The Secretary or other officer of such Political party or other association or organisation shall be made a respondent to such application.

(5) Where the Supreme Court makes a declaration under paragraph (4) in relation to any political party or other association Of organization, in pursuance of an application made to it under that paragraph-

(a) that political party or other association or organisation shall be deemed, for all purposes to be proscribed and any member of such political party or other association or organization who is a Member of Parliament shall be deemed to have vacated his seat in Parliament with effect from the date of such declaration and any nomination paper submitted by such political party or other association or organization shall be deemed for all purposes to be invalid ;

(b) any person who holds office or is a member of that political party or other association or organization after the date of such declaration, shall be guilty of an and shall , on conviction, by the Court of Appeal after trial on indictment and according to such procedure as may be prescribed bylaw-

(i) be subject civic disability for such period not exceeding seven years as may be determined by

(ii) forfeit his movable and immovable property other than such property as is by an order of such, court as being necessary for the sustenance of such person . and his family;

(iii) not be entitled to civic rights. for such period not exceeding seven years may be determined by such court;

(iv) if he is a Member of Parliament or a person in such service or holds office referred to in paragraph (1) of Article 165, cease to be such Member Of to be in such service or hold such office.

(6) Use execution of any punishment imposed under paragraph (3)or sub-paragraph (b) of paragraph (5) shall be stayed or suspended pending the determination of say appeal against such punishment or the conviction in con-sequence of which such punishment was Imposed.

(7) Every officer or person who was or it required by, Article 32 or Article 53, Article 61 of Article 107 or Article 165 or Article 169 (12), to take and subscribe or to make and subscribe an oath or affirmation, every member of, or person in the service of, a local authority, Development Council, Pradeshiya Mandalaya, Gramodaya Mandalaya or public corporation and, every attorney-at-law shall-

(a) if such officer or person is holding office on the date of coming into force of this Article, make and subscribe, or take and subscribe, an oath or affirmation in the form set out in the Seventh Schedule, before such person or body if any, as is referred to in that Article, within one month of the date on which this Article comes into force ;

(b) if such person or officer is appointed to such office after the coming into force of this Article, make and subscribe or take and subscribe, an oath or affirmation, in the form set out in the Seventh Schedule, before such person or body, if any, as is referred to in that Article, within one month of his appointment to such office.

The provisions of Article 165 and Article 169 (12) shall, mutatis mutandis, apply to, and in relation to, any person or officer who fails to take and subscribe, or make and subscribe, an oath or affirmation as required by this paragraph.

(8) (a) Every person who is a Member of Parliament on the coming into force of this Article shall not be entitled to sit and vote in Parliament unless he takes and subscribes Or makes and subscribes an oath or affirmation in the form set out in the Seventh Schedule.

(b) Every person who is elected or nominated as a Member of Parliament on or after the coming into force of this Article shall not be entitled to sit and vote in Parliament unless he makes and subscribes or makes and subscribes an oath or affirmation in the form set out in the Seventh Schedule.

(9) No person who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the Seventh Schedule shall, notwithstanding any provision to the contrary in the Constitution, be required to take and subscribe or make and subscribe any other oath or affirmation required to be taken and subscribed or made and subscribed under the Constitution

(10) Parliament may, by resolution, determine such other categories of persons or officers to whom the provisions of paragraph (7) shall apply and thereupon, the provisions of such paragraph shall, mutatis mutandis, apply to, and in relation to, officers or persons of that category.

(11) The jurisdiction of the Court of Appeal in respect of its powers under this Article shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of Article 146.

(12)In this Article, " civic rights " means-

(a) the right to obtain a passport ;

(b) the right to sit for any public examination ;

(c) the right to own any immovable property ;

(d) the right to engage in any trade or profession which requires a licence, registration or other authorization, by or under any written law.'.

4. Article 161 of the Constitution is hereby amended in paragraph (d) of that Article as follows :-

(1) in sub-paragraph (iii) of that paragraph, by the substitution, for the words " to fill such vacancy. Upon receipt of such nomination, the Commissioner ". of the following :-

" to fill such vacancy. A nomination .made by the Secretary of such political party under this sub-paragraph shall be accompanied by an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy. Upon the receipt of such nomination, accompanied by such oath or affirmation, the Commissioner " ;

(2) in the proviso to sub-paragraph (iii) of that paragraph by the substitution -

(a) for the words "within thirty days of his being required to do so ", of the following :-"within thirty days of his being required to do so and in the aforesaid manner "

(b) for the words " vacancy, then the Commissioner of Elections", of the words and figures " vacancy, or where such political party is deemed to be proscribed under Article 157A, then the Commissioner of Elections" ; and

(3) by the addition, immediately after sub-paragraph (iii) of that paragraph, of the following sub-paragraph ;-

" (iv) where a Member nominated 01 elected to fill any such vacancy as is referred to in sub-paragraph (i) or sub-paragraph (ii), being a Member who has taken and subscribed or made and subscribed, an oath or affirmation in the form set out in the Seventh Schedule, directly or indirectly, in or outside Sri Lanka, supports, espouses, promotes, ' finances, encourages or advocates the establishment of a separate State within the territory of Sri Lanka, any person may make an. application to the Court of Appeal for a declaration that such member has directly or indirectly, in or outside Sri Lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate State within the territory of Sri Lanka.

If the Court of Appeal makes, on such application, a declaration that such Member has directly or indirectly, in or outside Sri Lanka, supported, espoused. promoted, financed, encouraged or advocated the establishment of a separate State within the territory of Sri Lanka, the seat of such Member shall be deemed to be vacant with effect from the date of such declaration and such Member shall be disqualified from sitting and voting in Parliament and from being elected or nominated to Parliament for a period of seven years from the date of such declaration. The vacancy occurring in the membership of Parliament by reason of such ,declaration shall be filled in the manner provided in paragraph (iii).

The jurisdiction of the Court of Appeal in respect of its powers under this sub-paragraph shall be exercised in the manner provided in sub-paragraph (i1) of the proviso to paragraph (2) of Article 146.".

5. The Constitution is hereby amended by the addition, at the end thereof, of the following Schedule which shall have effect as the Seventh Schedule to the Constitution :- " SEVENTH SCHEDULE ARTICLE 157 A AND ARTICLE 161 (d) (iii) i , ................................... do solemnly declare and affirm swear that I will uphold and defend 'the Constitution of the Democratic Socialist Republic of Sri Lanka and that I will not, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka."

Seventh Amendment

SEVENTH AMENDMENT TO THE CONSTITUTION Act No 07 of 1983

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :- [4th October , 1983 ]

1. This Act may be cited as the Seventh Amendment to the Constitution.

2. Article 5 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as " the Constitution ") is hereby amended as follows :-

(a) by the substitution, for the words " twenty-four ", of the words " twenty-five " ; and

(b) by the substitution for the words " territorial waters. ", of the following :-

" territorial waters :

Provided that such administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as Parliament may by resolution determine.".

3. Article 96 of the. Constitution is hereby amended in paragraph (1) of that Article, by the substitution, for the words "twenty-four", of the words "twenty-five".

4. The following Article is hereby inserted immediately after Article Ill, and shall have effect as Article 111A, of the Constitution:-

111. (1) Where the Minister in charge of the subject of Justice represents to the President that it is expedient that the number of the Judges exercising the jurisdiction and powers or the High Court in any judicial zone should be temporarily increased, the President may, by warrant, appoint one or more Commissioners of the High Court to exercise the jurisdiction and powers of the High Court. within such judicial zone as is 'Specified in the warrant of appointment of such Commissioner of the High. Court.

(2) Every Commissioner of the High Court appointed under paragraph (1) shall hold office for the period specified in his warrant of appointment and shall be removable, and be subject to disciplinary control, by the President, on the recommendation of the Judicial Service Commission .

(3) Even' Commissioner of the High Court appointed under paragraph (1) may, during his tenure of office, exercise, according to law, such jurisdiction and powers as is, or are, vested or ordained in the High Court by Parliament, and shall be invested with all the rights, powers, privileges and immunities (except such rights and privileges as relate to tenure of office, of a Judge of the High Court, and for this purpose, a reference to a "Judge of the High Court" in the Constitution or other written law shall, unless the context otherwise requires, be deemed to include a reference to a " Commissioner of the High Court".'.

5. The First Schedule to the Constitution is hereby amended as follows :-

(a) by the insertion, immediately after item " 10. Jaffna" of that Schedule, of the following item:-"11. Kilinochchi" ; and

(b) by the renumbering of items 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of that Schedule as items 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 respectively, of that Schedule.

Eighth Amendment

EIGHT AMENDMENT TO THE CONSTITUTION Act No 08 of 1984

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:- [6th March , 1984 ]

1. This Act may be cited as the Eighth Amendment to the Constitution.

2. Article 33 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as " the Constitution") is hereby amended by the insertion, immediately after paragraph (c) of that Article, of the following paragraph :

" (cc) to appoint as President's Counsel, attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude. Every President's Counsel appointed under this paragraph shall be entitled. to such privileges as were hitherto enjoyed by a Queen's Counsel; ".

3. Sub-paragraph (g) of paragraph (1) of Article 136 of the Constitution is hereby amended by the omission therefrom, of the words " and the appointment of senior attorneys-at- law".

4. The following Article is inserted immediately after Article 169, and shall have effect as Article 169A of the Constitution:-

169A.

(1) Every -

(a) Queen's Counsel appointed prior to the coming into force of the Constitution ; and

(b) Senior attorney-at-law appointed by the President after the coming into force of the constitution,

shall, from the date on which this Article comes late force, be called and known also as President's Counsel and shall continue to enjoy all such privileges as were hitherto enjoyed by a Queen's Counsel.

(2) Every rule made under Article 136 relating. to the appointment of Senior attorneys-at-law shall, from the date on which this Article comes into force, be deemed to be rescinded.

(3) Every reference in any written law to " Senior attorney-at-law" shall, from the date on which this Article comes into force, be deemed to include a reference to "President's Counsel."'.

Ninth Amendment

NINTH AMENDMENT TO THE CONSTITUTION Act No 09 of 1984

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

1. This Act may be cited as the Ninth Amendment to the Constitution.

2. Article 91 of the Constitution of the Democratic Socialist Republic of Sri Lanka is hereby amended in sub-paragraph (d) of paragraph (1) of that Article, by the substitution for items (vii), (viii), (ix) and (x) of that sub-paragraph, of the following new items : -

" (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, 197.0, the initial of the salary scale, of which is, on the date of the 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 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;".

Tenth Amendment

TENTH AMENDMENT TO THE CONSTITUTION Act No 010 of 1986

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : - [6th September , 1986 ]

1. This Act may be cited as the Tenth Amendment to the Constitution

2. Article 155 of the Constitution of the Democratic Socialist Republic of Sri Lanka is hereby amended as follows; -

(1) by the repeal of paragraphs (8) and (9) of that Article :

(2) by the renumbering of paragraphs (10) and (11) 01 that Article as paragraphs (8) and (9') respectively of that Article; and

(3) by the substitution, in the renumbered paragraph (9) of that Article, for the words and figures " Contained in paragraph (6), (7), (8) or (9) of this Article,", of the words and figures " contained in paragraph (6) or (7) of this Article,".

Eleventh Amendment

ELEVENTH AMENDMENT TO THE CONSTITUTION Act No 011 of 1987

An Act to amend the Constitution of the Democratic Socialist Republic of Sri Lanka

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: - [6th May , 1987 ]

1. This Act may be cited as the Eleventh Amendment to the Constitution.

2. Article 111 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as " the Constitution ") is hereby amended by the repeal of paragraph (1) of that Article, and the substitution of the following paragraph therefor : -

" (1) There shall be a High Court of Sri Lanka, which shall exercise such jurisdiction and powers as Parliament may by law vest or ordain.".

3. Article 112 of the Constitution is hereby amended in sub-paragraph (a) of paragraph (8) of that Article, by the substitution for the words "the appointment of judicial officers ; ", of the words " the appointment of judicial officers, and scheduled public officers ;.

4. The following Article is hereby inserted immediately after Article 113, and shall have effect as Article 113a of the Constitution: - " Fiscal for the whole Island.

113A. There shall be a Fiscal who shall be the Fiscal for the whole Island, and shall exercise supervision and control over Deputy Fiscals attached to all Courts of First Instance.".

5. Article 11-1 of the Constitution is hereby amended as follows: -

(1) in paragraph (4) of that Article, by the substitution for the words " the power to make all transfers,", of the words "the power to make transfers in respect of scheduled public officers," ; and

(2) in paragraph (6) of that Article, in the definition of " scheduled public officer ", by the substitution for the words " the Registrar of the Court of Appeal, the Registrar of any Court of First Instance,", of the words " the Registrar of the Court of Appeal, the Fiscal, the Registrar of any, Court of First Instance.

6. Article 146 of the Constitution is hereby amended by the repeal of paragraph (2) of that Article, and the substitution therefor, of the following paragraph: -

" (2) The jurisdiction of the Court of Appeal may be exercised in different matters at the same time by the several judges of the Court sitting apart :

Provided that-

(i) its jurisdiction in respect of -

(a) judgments and orders of the High Court pronounced at a trial at Bar, shall be exercised by at least three Judges of the Court; and

(b) other judgments and orders of the High Court, shall be exercised by at least two Judges of the Court;

(ii) its jurisdiction in respect of its powers under Article 144 shall be exercised by the President of the Court of Appeal or any Judge of that Court nominated by the President or one or more of such Judges nominated by the President of whom such President may be one ;

(iii) its jurisdiction in respect of other matters, shall be exercised by a single Judge of the Court, unless the President of the Court of Appeal by general or special order otherwise directs.".

7. The Fifth Schedule to the Constitution is hereby amended by the substitution for the item " Fiscals", appearing in that Schedule, of the item " Deputy Fiscals. ".

Notes

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See Sri Lanka