. . . (3) Decisions of the Commission shall be by a majority ofmembers present and voting at the meeting at which the decisionis taken and in the event of an equality of votes the Chairman orthe person presiding shall have a casting vote. . 4(1).The Constitution of the Democratic Socialist Republic of Sri Lanka14that the record of any court shall also be maintained and theproceedings conducted in a language other than the language ofthe court ; ](2) Any party or applicant or any person legally entitled torepresent such party or applicant may initiate proceedings andsubmit to court pleadings and other documents and participate inthe proceedings in courts, 11[in either Sinhala or Tamil. . Introduction to Subjects. 1) The salaries of the Judges of the Supreme Court andof the Court of Appeal shall be determined by Parliament andshall be charged on the Consolidated Fund. . . (5) In this Article Court means any court or tribunal created and establishedfor the administration of justice including the adjudication andsettlement of industrial and other disputes, or any other tribunalor institution exercising judicial or quasi-judicial functionsor any tribunal or institution created and established for theconciliation and settlement of disputes ;Judge includes the President, Chairman, Presiding Officerand member of any court ; andRecord includes Pleadings, Judgments, Orders and Otherjudicial and Ministerial acts.11 Substituted by the Sixteenth Amendment to the Constitution Sec. . . (6) In the event of the Chairman or a member of theCommission absenting himself from three consecutive meetingsof the Commission without the prior leave of the Commission,he shall be deemed to have vacated his office from the date of thethird of such meetings and shall not be eligible to be reappointedas a member or as Chairman of the Commission. . . . (2) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1).]104H. (4) There shall be a Secretary to each Committee, who shallbe appointed by the Commission.57. . . (3) The Governor may, by writing addressed to the President,resign his office. . . . (4) The salaries of the members of the staff of the SecretaryGeneral shall be charged on the Consolidated Fund. Allsuch rules shall be published in the Gazette and be placed beforeParliament within three months of such publication.41H. . (5) (a) Parliament may make laws with respect to any matterset out in List III of the Ninth Schedule (hereinafter referredto as the Concurrent List) after such consultation with allProvincial Councils as Parliament may consider appropriate inthe circumstances of each case. (1) A Bill which is not for the amendment of anyprovision of the Constitution or for the repeal and replacement ofthe Constitution, but which is inconsistent with any provision ofthe Constitution may be placed on the Order paper of Parliamentwithout complying with the requirements of paragraph (1) orparagraph (2) of Article 82. . . Any person so succeeding to the office ofPresident shall hold office only for the unexpired period of theterm of office of the President vacating office. (1) All laws and subordinate legislation shall beenacted or made and published in Sinhala and Tamil, togetherwith a translation thereof in English :Provided that Parliament shall, at the stage of enactment ofany law determine which text shall prevail in the event of anyinconsistency between texts :Provided further that in respect of all other written laws andthe text in which such written laws was enacted or adopted ormade, shall prevail in the event of any inconsistency betweensuch texts. . . More about Sri Lanka in this legal plataforma. . 46[ (1) Every Bill shall be published in the Gazette atleast fourteen days before it is placed on the Order Paper ofParliament. . . (1) Every citizen shall have the right of access toany information as provided for by law, being information thatis required for the exercise or protection of a citizens right heldby:-(a) the State, a Ministry or any Government Departmentor any statutory body established or created by orunder any law;(b) any Ministry of a Minster of the Board of Ministers ofa Province or any Department or any statutory bodyestablished or created by a statute of a ProvincialCouncil;Right of access toinformation.3 Inserted by Sec. . . . ](2) The salary of the Auditor-General shall be determined byParliament, shall be charged on the Consolidated Fund and shallnot be diminished during his term of office. It has become a universal virtue. . . 27The Constitution of the Democratic Socialist Republic of Sri Lanka93Council, appoint another Judge of the Supreme Court, or of theCourt of Appeal, as the case may be, to act in the office of ChiefJustice, or President of the Court of Appeal, during such period. Constitutional Law. . . (b) Every Provincial Council may, subject to the provisionsof the Constitution, make statutes applicable to the Provincefor which it is established, with respect to any matter on theConcurrent List, after such consultation with Parliament as itmay consider appropriate in the circumstances of each case. Ministry of Justice - Sri Lanka. . 5879 Certificate of Speaker . . (1) There shall be a Secretary-General of Parliamentwho shall, subject to the approval of the Constitutional Council,be appointed by the President and who shall hold office duringgood behaviour. (c) The date fixed for the first meeting of Parliament by aProclamation under sub-paragraph (a) or sub-paragraph (b) maybe varied by a subsequent Proclamation, provided that the dateso fixed by the subsequent Proclamation shall be a date not laterthan three months after the date of the original Proclamation. . . . . View Note. (5) The exercise and operation of the fundamental rightdeclared and recognized by Article 14(1)(g) shall be subject toRestrictions onfundamental rightsThe Constitution of the Democratic Socialist Republic of Sri Lanka8such restrictions as may be prescribed by law in the interests ofnational economy or in relation to (a) the professional, technical, academic, fiancialand other qualifiations necessary for practisingany profession or carrying on any occupation,trade, business or enterprise and the licensing anddisciplinary control of the person entitled to suchfundamental right; and(b) the carrying on by the State, a State agency or a publiccorporation of any trade, business, industry, serviceor enterprise whether to the exclusion, complete orpartial, of citizens or otherwise. . . 60The Constitution of the Democratic Socialist Republic of Sri LankaixCHAPTER XIITHE LEGISLATUREAMENDMENT OF THE CONSTITUTION82 Amendment or repeal of the Constitution must be expressed 6283 Approval of certain Bills at a Referendum . . 22Meetings of theCommissionFinality of decisionsand immunity fromsuitThe Constitution of the Democratic Socialist Republic of Sri Lanka84the jurisdiction conferred on any court by any law to hear anddetermine election petitions or Referendum petitions -(a) no court shall have the power or jurisdiction toentertain or hear or decide or call in question on anyground and in any manner whatsoever, any decision,direction or act of the Commission, made or doneor purported to have been made or done under theConstitution or under any law relating to the holdingof an election or the conduct of a Referendum as thecase may be, which decisions, directions or acts shallbe fial and conclusive ; and(b) no suit or prosecution or other proceeding shall lieagainst any member or offier of the Commissionfor any act or thing which in good faith is done orpurported to be done by him in the performance ofhis duties or the discharge of his functions under theConstitution or under any law relating to the holdingof an election or the conduct of a Referendum as thecase may be.104B. (2) All members and officers of the Commission shall bedeemed to be public servants within the meaning, and for thepurposes of, Chapter IX of the Penal Code.Meetings of theCommissionStaff of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka151(3) No suit, prosecution or other proceeding shall lie againstany member or officer of the Commission for any act or thingwhich in good faith is done or purported to be done by him inthe performance of his duties or the discharge of his functions,under the Constitution.156G. 100119 Constitution of Supreme Court . For the purposes of this Chapter public officer doesnot include a member of the Army, Navy, or Air Force, an officerof the Election Commission appointed by such Commission, apolice officer appointed by the National Police Commission,a scheduled public officer appointed by the Judicial ServiceCommission or a member of the Sri Lanka State Audit Serviceappointed by the Audit Service Commission. . 6,720 per annum,or such other amount per annum as would,under any subsequent revision of salary scales,correspond to such initial,50 Inserted by the Seventeenth Amendment to the Constitution Sec.7(1)51 Substituted by the Nineteenth Amendment to the Constitution Sec.2052- Substituted for (vii), (viii), (ix), (x) by Sec. . (4) Each elector whose name appears in the register ofelectors shall be entitled to only one vote notwithstanding thathis name appears in the electoral register in more than oneelectoral district. (7) The President shall cause every recommendation madeby the Finance Commission under this Article to be laid beforeParliament, and shall notify Parliament as to the action takenthereon. No question of inconsistency with such provisions shallbe raised in any court or tribunal.Fundamental dutiesPrinciples ofState Policy andfundamental dutiesnot justifiable.The Constitution of the Democratic Socialist Republic of Sri Lanka20CHAPTER VIITHE EXECUTIVEThe President of the Republic15[30. Constitutional and administrative law (public law) is an essential element of all law degrees. (2) The Court of Appeal shall also have and exercise all suchpowers and jurisdiction, appellate and original, as Parliamentmay by law vest or ordain.139. Any Offence relating to property belonging to the State or a StateCorporation or Company or Establishment, the whole or part of the capitalwhereof has been provided by the State.8. 110141 Power to issue writs of habeas corpus . . . (5) The Governor shall, on the advice of the Chief Minister,appoint from among the members of the Provincial Councilconstituted for that Province, the other Ministers. 118154 Duties and functions of Auditor-General. 413 Freedom from arbitrary arrest, detention and punishment andprohibition of retrospective penal legislation .. . Education and Educational Services. Education, except to the extentspecified in items 3 and 4 of List 1.4. . . . (6) The execution of any punishment imposed underparagraph (3) or sub-paragraph (b) of paragraph (5) shall notbe stayed or suspended pending the determination of any appealagainst such punishment or the conviction in consequence ofwhich such punishment was imposed. . 151CHAPTER XXGENERAL157 International Treaties and Agreements . .136154T Transitional measures . (3) Subject to the provisions of the Constitution, theappointment, promotion, transfer, disciplinary control anddismissal of public officers shall be vested in the Public ServiceCommission. . . (1) A Judge of the Supreme Court or Court of Appealmay be required by the President of the Republic to perform ordischarge any other appropriate duties or functions under anywritten law. However, the irony is that this crossroad is a situation that Sri Lankans have had to keep revisiting frequently in its post-independence history which also . . (4) Any existing law containing any such provision asaforesaid shall be valid and operative.77. . . . .3040 Vacation of office by President and election of succeeding President 3141 Presidents staff . Until the Commission otherwise provides, all rules,regulations and procedures relating to the public service as arein force on the date of the coming into operation of this Chapter,shall, mutatis mutandis, be deemed to continue in force as rules,regulations and procedures relating to the public service, as ifthey had been made or provided for under this Chapter.61C. . Unstable Constitutionalism. . . (4) Parliament may by law provide for the creationand establishment of courts, tribunals or institutions for theadjudication and settlement of matters relating to the disciplineof bhikkus or any dispute between bhikkus or any other disputerelating to the performance of services, in, or in relation to,Establishment ofCourts &c.The Constitution of the Democratic Socialist Republic of Sri Lanka91temples. . . . . (2) Without prejudice to the generality of paragraph (1), itshall be the function of the Commission to,(a) monitor and report to the appropriate authorities,on whether all procurement of goods and services,works, consultancy services and information systemsby government institutions are based on procurementplans prepared in accordance with previouslyapproved action plans;NationalProcurementCommissionFunctions of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka149(b) monitor and report to the appropriate authoritieson whether all qualifid bidders for the provisionof goods and services, works, consultancy servicesand information systems by government institutionsare afforded an equal opportunity to participatein the bidding process for the provision of thosegoods and services, works, consultancy services andinformation systems;(c) monitor and report to the appropriate authoritieson whether the procedures for the selection ofcontractors, and the awarding of contracts for theprovision of goods and services, works, consultancyservices and information systems to governmentinstitutions, are fair and transparent;(d) report on whether members of procurementCommittees and Technical Evaluation Committeesrelating to the procurements, appointed bygovernment institutions are suitably qualifid; and(e) investigate reports of procurements made bygovernment institutions outside establishedprocedures and guidelines, and to report the offiersresponsible for such procurements to the relevantauthorities for necessary action.156D. 26Appointment andremoval of Judgesof the SupremeCourt and Court ofAppealThe Constitution of the Democratic Socialist Republic of Sri Lanka92(2) Every such Judge shall hold office during good behaviourand shall not be removed except by an order of the Presidentmade after an address of Parliament supported by a majority ofthe total number of Members of Parliament (including those notpresent) has been presented to the President for such removal onthe ground of proved misbehaviour or incapacity :Provided that no resolution for the presentation of such anaddress shall be entertained by the Speaker or placed on theOrder Paper of Parliament, unless notice of such resolution issigned by not less than one-third of the total number of Membersof Parliament and sets out full particulars of the allegedmisbehaviour or incapacity. (1) Every (a) Queens Counsel appointed prior to the coming intoforce of the Constitution ; and(b) Senior attorney-at-law appointed by the Presidentafter the coming into force of the Constitution,shall, from the date on which this Article comes into force,be called and known also as Presidents Counsel and shallcontinue to enjoy all such privileges as were hitherto enjoyed bya Queens Counsel. 94111B Fiscal for the Whole Island . . . . . . Upon receipt of the report of such Judge, the President mayrevoke the Proclamation made under paragraph (1). The Court of Appeal shall have the power to grant andissue injunctions to prevent any irremediable mischief whichmight ensure before a party making an application for suchinjunction could prevent the same by bringing an action in anyCourt of First Instance :Provided that it shall not be lawful for the Court of Appealto grant an injunction to prevent a party to any action in anycourt from appealing to or prosecuting an appeal to the CourtPower to bringup and removeprisonersPower to grantinjunctionThe Constitution of the Democratic Socialist Republic of Sri Lanka112of Appeal or to prevent any party to any action in any courtfrom insisting upon any ground of action, defence or appeal, orto prevent any person from suing or prosecuting in any court,except where such person has instituted two separate actionsin two different courts for and in respect of the same cause ofaction, in which case the Court of Appeal shall have the powerto intervene by restraining him from prosecuting one or other ofsuch actions as to it may seem fit.144. Recruitment into the Teaching Service of those with diplomas and degrees,from Colleges of Education and Universities, recognised as teachingqualifiations.5. . . The idea is . . (2) Every person who(a) fails, without reasonable cause to appear before theCommission when required to do so by a Notice sentto him under paragraph (1);(b) appears before the Commission in compliancewith such a Notice, but refuses without reasonablecause, to answer any questions put to him by theCommission; orPowers of theCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka150(c) fails or refuses, without reasonable cause, to produceany document or thing which he was required toproduce by a Notice sent to him under paragraph (1),shall be guilty of an offence and shall on conviction beliable to a fine not exceeding one hundred thousand rupees or toimprisonment for a term not exceeding seven years, or to bothsuch fine and imprisonment. (4) The State shall strengthen and broaden the democraticstructure of government and the democratic rights of the Peopleby decentralizing the administration and by affording allpossible opportunities to the People to participate at every levelin national life and in government. The Tamils sought to establish an independent Tamil State in North Eastern Sri Lanka. . . 4248 Dissolution of the Cabinet of Ministers . . (4) Parliament shall by law provide for the implementationof the provisions of this Chapter].19. An internecine civil war ensued from 1976 through 2009, claiming at least 100,000 lives, until the Tamils were . . . (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 whichrequires a licence, registration or other authorization,by or under any written law. . 1968 AND THE BOARD OF INVESTMENT SRI LANKA LAW, NO. . Such allowances shall be charged onthe Consolidated Fund and shall not be diminished during theterm of office of such Chairman or the member.156C. (2) Where the Speaker refers to the Supreme Court forinquiry and report all or any of the allegation or allegations, asthe case may be, contained in any such resolution as is referredto in Article 38(2)(a), the Supreme Court shall in accordancewith Article 38(2)(d) inquire into such allegation or allegationsand shall report its determination to the Speaker within twomonths of the date of reference. . . . When a public officer or an officer of a publiccorporation is a candidate at any election, he shall be deemedto be on leave from the date on which he stands nominated asa candidate until the conclusion of the election. Pre-Parliamentary Process, and 2. . . . . . (4) The Commission shall exercise all such powers anddischarge and perform all such functions and duties as are vestedin it under Appendix I of List I contained in the Ninth Scheduleto the Constitution.Commission tomake rulesPowers of theCommission121 -Repealed by the Nineteenth Amendment to the Constitution Sec.42122 -Inserted by the Nineteenth Amendment to the Constitution Sec.43The Constitution of the Democratic Socialist Republic of Sri Lanka144155H. . The Constitution of the Democratic Socialist Republic of Sri Lanka updated up to the 19 th Amendment. . (10) (a) Where the number of votes polled by each recognizedpolitical party or independent group is less than the resultingnumber referred to in paragraph (7) of this Article the party orgroup which has polled the highest number of votes shall beentitled to have the candidate, nominated by that party or group(excluding the candidate declared elected under paragraph (5) ofthis Article) who has secured the highest number of preferencesdeclared elected and if there are one or more members yet tobe declared elected, the party or group having the next highestnumber of votes polled shall be entitled to have the candidatenominated by that party or group who has secured the highestnumber of preferences declared elected and so on, until all themembers to be elected for that electoral district are declaredelected under the provisions of this paragraph. . (4) The Supreme Court shall have power to grant such reliefor make such directions as it may deem just and equitable in thecircumstance in respect of any petition or reference referred toin paragraphs (2) and (3) of this Article or refer the matter backto the Court of Appeal if in its opinion there is no infringementof a fundamental right or language right. 112145 Inspection of records . 142155D Secretary to the Commission . . . (b) No notice of such resolution shall be entertained by theSpeaker or placed on the Order Paper of Parliament unless itcomplies with the provisions of sub-paragraph (a) and (i) such notice of resolution is signed by not less thantwo-thirds of the whole number of Members ofParliament ; or(ii) such notice of resolution is signed by not lessthan one-half of the whole number of Members ofParliament and the Speaker is satisfid that suchallegation or allegations merit inquiry and report bythe Supreme Court. 5571 Adjournment . Any Offence under any law relating to any matter in the Reserve List otherthan such offences as the President may, by order published in the Gazette,exclude.10. (1) The person elected or succeeding to the office ofPresident shall assume office upon taking and subscribing theoath or making and subscribing the affirmation, set out in theFourth Schedule, in Sri Lanka before the Chief Justice or anyother Judge of the Supreme Court.Assumption of officeThe Constitution of the Democratic Socialist Republic of Sri Lanka24(2) Upon such assumption of office the President shall ceaseto hold any other office created or recognized by the Constitutionand if he is a Member of Parliament, shall vacate his seat inParliament. Recruitment into the Teaching Service of those with diplomas and degrees, Colleges... Recognised as teachingqualifiations.5 President, resign his office during theterm of office by President and election succeeding. 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