Independant Councils

41A.
(l) There shall be a Constitution Council (in this Chapter referred to as the "Council") which shall consist of the following members.
(a) the Prime Minister;
(b) the Speaker;
(c) the Leader of the Opposition in Parliament;
(d) one person appointed by the President;
(e) five persons appointed by the President, on the nomination of both the Prime Minister and the Leader of the Opposition, and three persons appointed by the President, on the nomination of three Provincial Councils on a equal rotation basis in alphabetical order of the names of the provincial councils;
(f) one person nominated upon agreement by the majority of the Members of Parliament belonging to political parties or independent groups other than the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belongs and appointed by the President.

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

(3) In nominating the five persons referred to in sub-paragraph (e) of paragraph (l) of this Article, the Prime Minister and the Leader of the Opposition shall consult the leaders of the political parties and independent groups represented in Parliament. Three of such persons shall, in consultation with the Members of Parliament who belong to the respective minority communities, be nominated to represent minority interests.

(4) The persons to be appointed or nominated as the case may be, under sub-paragraphs (d), (e) and (f) of paragraph (1) of this Article, shall be persons of eminence and integrity who have distinguished themselves in public life and who are not members of any political party.

(5) The President shall upon receipt of a written communication of the nominations under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, forthwith make the respective appointments.

(6)
(a) On the dissolution of Parliament, notwithstanding the provisions in paragraph (2) of Article 64 of the Constitution, the Speaker shall continue to hold office as a member of the Council, until a Member of Parliament is elected to be the Speaker under paragraph (1) of the aforesaid Article;
(b) Notwithstanding the dissolution of Parliament, the Leader of the Opposition shall continue to hold office as a member of the Council, until such time after a General Election following such dissolution, a Member of Parliament is recognized as the Leader of the Opposition in Parliament.

(7) Every member of the Council appointed under sub-paragraph (e) and sub-paragraph (f) of paragraph (1) of this Article, shall hold office for a period of three years from the date of appointment as such member, unless he earlier resigns his office by writing addressed to the President, or is removed from office by the President on both the Prime Minister and the Leader of the Opposition forming an opinion that such member is physically or mentally incapacitated and is unable to function further in office, or is convicted by a court of law for any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 of the Constitution or is deemed to have vacated his office under paragraph (7) of Article 41E.

(8) In the event of there being a vacancy among the members appointed under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, the President shall, within two weeks of the occurrence of such vacancy and having regard to the provisions of the aforementioned sub-paragraphs, appoint another person to succeed such member. Any person so appointed, shall hold office during the unexpired part of the period of office of the member whom he succeeds.

(9) The member appointed under sub-paragraph (d) of paragraph (1) of this Article shall, unless earlier removed from office by the President, hold office for a period of three years.

(10) A member appointed under sub-paragraph (e) or subparagraph (f) of paragraph (1) of this Article, shall not be eligible for re-appointment under those sub-paragraphs.

(11) The appointments made by the President under subparagraph (d), sub-paragraph (e) and sub-paragraph (f) of paragraph (1) of this Article, shall be communicated to the Speaker.

41B.
(1) No person shall be appointed by the President as the Chairman or a member of any of the Commissions specified in the Schedule to the Article, except on a recommendation of the Council.

(2) The provisions of paragraph (1) of this Article shall apply in respect of any person appointed to act as the Chairman or a member of any such Commission.

(3) It shall be the duty of the Council to recommend to the President persons for appointment as Chairmen or members of the Commissions specified in the Schedule to this Article, whenever the occasion for such appointment arises, and such recommendations shall reflect, the different ethnic groups.

(4) No person appointed under paragraph (1) of this Article or a person appointed to act as the Chairman or a member of any such Commission, shall be removed except as provided for in the Constitution or in any law, and where no such provision is made, such person shall be removed by the President only with the prior approval of the Council.

Schedule
(a) The Elections Commission.
(b) The Public Service Commission.
(c) The National Police Commission.
(d) The Human Rights Commission of Sri Lanka.
(e) The Permanent Commission to Investigate Allegations of Bribery or Corruption.
(f) The Finance Commission.
(g) The Delimitation Commission.

41C.
(1) No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.

(2) The provisions of paragraph (1) of this Article shall apply in respect of any person appointed to act for a period exceeding fourteen days in any office specified in the Schedule to this Article.

(3) No person appointed to any Office specified in the Schedule to this Article or to act in any such Office, shall be removed from such Office except as provided for in the Constitution or in any law.

(4) In the discharge of its functions relating to the appointment of Judges of the Supreme Court and the President and Judges of the Court of Appeal, the Council may obtain the views of the Chief Justice and the Attorney-General.

41D.
(1) There shall be a Secretary to the Council who shall be appointed by the Council.

(2) The Council may appoint such officers as it considers necessary for the discharge of its functions, on such terms and conditions as shall be determined by the Council.

41E.
(1) The Council shall meet as often as may be necessary to discharge the functions assigned to the Council by the provisions of this Chapter or by any other law, and such meetings shall be summoned by the Secretary to the Council on the direction of the Chairman of the Council.

(2) The Chairman shall preside at all meetings of the Council, and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition shall preside at the meetings of the Council. Where the Chairman, the Prime Minister and the Leader of the Opposition are all absent from any such meeting, the members present shall elect a member from among themselves to preside at such meeting.

(3) The quorum of any meeting of the Council shall be six members.

(4) The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision, and in the absence of an unanimous decision, no recommendation, approval or decision made shall be valid, unless supported by not less than five members of the Council present at such meeting.

(5) The Chairman shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the Council, the Chairman or other members presiding at such meeting, shall have a casting vote,

(6) The procedure in regard to meetings of the Council and the transaction of business at such meetings shall be determined by the Council, including procedures to be followed in regard to the recommendation or approval of persons suitable for any appointment under Article 41B or Article 41C.

(7) Any member of the Council appointed under sub-paragraph (e) of paragraph (1) of Article 41A, who without obtaining prior leave of the Council absents himself from two consecutive meetings of the Council, shall be deemed to have vacated office with effect from the date of the second of such meetings.

41F. The Council shall perform and discharge such other duties and functions as may be imposed or assigned to the Council by the Constitution, or by any other law.

41G. The expenses incurred by the Council shall be charged on the Consolidated Fund,

41H. Subject to the provisions of paragraphs (1), (2), (4) and (5) of Article 126, no court shall have the power or jurisdiction to entertain, hear or decide or call in question on any ground whatsoever, or in any manner whatsoever, any decision of the Councilor any approval or recommendation made by the Council, which decision, recommendation or approval shall be final and, conclusive for all purposes.

54.
(l) There shall be a Public Service Commission (in this Chapter referred to as the "Commission") which shall consist of nine members appointed by the President on the recommendation of the Constitution Council, of whom not less than three members shall be persons who have had over fifteen years experience as a public officer. The President on the recommendation of the Constitutional Council shall appoint one member as its Chairman.

(2) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Councilor a local authority.

(3) Every person who immediately before his appointment as a member of the Commission was a public officer in the service of the State or a judicial officer, shall upon such appointment taking effect cease to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer.

(4) Every member of the Commission shall hold office for a period of three years from the date of his appointment, unless he becomes subject to any disqualification under paragraph (2) of this Article or earlier resigns from his office by writing addressed to the President or is removed from office by the President on the recommendation of the Constitutional Council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (5) of this Article.

(5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.

(6) A member of the Commission who without obtaining prior leave of the Commission absents himself from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of the Commission.

(7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and shall for the duration of such period on the recommendation of the Constitutional Council, appoint a person qualified to be a member of the Commission to be a temporary member for the period of such leave.

(8) A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of such member.

(9) The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

(10) There shall be a Secretary to the Commission who shall be appointed by the Commission.

(11) The members of the Commission shall be deemed to be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code.

55.
(1) The appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the Commission.

(2) The Commission shall not derogate from the functions and powers of the Provincial Public Service Commissions established by law.

(3) Notwithstanding the provisions of paragraph (1) of this Article, the appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Departments shall vest in the Cabinet of Ministers, who shall exercise such powers after ascertaining the views of the Commission.

(4) Subject to the provisions of the Constitution, the Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers.

(5) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise and discharge of its powers and functions, and shall forward to Parliament in each calendar year, a report of its activities for such year.

56.
(1) The Commission may delegate to a Committee consisting of three persons (not being members of the Commission) appointed by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of public officers as are specified by the Commission.

(2) The Commission shall cause the appointment of any such Committee to be published in the Gazette.

(3) The procedure and quorum for meetings of any such Committee shall be as determined by the Commission by rules made in that behalf. The Commission shall cause such rules to be published in the Gazette.

(4) There shall be a Secretary to each Committee, who shall be appointed by the Commission.

57.
(1) The Commission may delegate to a public officer, subject to such conditions and procedure as may be determined by the Commission, its powers of appointment, promotion, transfer, disciplinary control and dismissal of such category of public officers as are specified by the Commission.

(2) The Commission shall cause any such delegation to be published in the Gazette, including the conditions and procedure determined by the Commission for such purpose,

58.
(1) Any public officer aggrieved by an order relating to a promotion, transfer, dismissal or an order on a disciplinary matter made by a Committee or any public officer under Article 56 or Article 57, in respect of the officer so aggrieved, may appeal to the Commission against such order in accordance with such rules made by the Commission from time to time, relating to the procedure to be followed in the making, hearing and determination of an appeal made to the Commission and the period fixed within which an appeal should be heard and concluded.

(2) The Commission shall have the power upon such appeal to alter, vary, rescind or confirm an order against which an appeal is made, or to give directions in relation thereto, or to order such further or other inquiry as to the Commission shall seem fit.

(3) The Commission shall cause to be published in the Gazette the rules made by it under paragraph (1) of this Article.

59.
(1) There shall be an Administrative Appeals Tribunal appointed by the Judicial Service Commission.

(2) The Administrative Appeals Tribunal shall have the power to alter, vary or rescind any order or decision made by the Commission,

(3) The constitution, powers and procedure of such Tribunal, including the time limits for the preferring of appeals, shall be provided for by law.

60. Upon delegation of any of its powers to a Committee or a public officer appointed under Article 56 or Article 57 as the case may be, the Commission shall not, while such delegation IS In once, exercise or perform Its functions or unless In regal to the categories of public officers in respect of which such delegation is made, subject to the provisions contained in paragraphs (1) and (2) of Article 58.

61.
(1) The quorum for a meeting of the Commission shall be five members,

(2) All decisions of the Commission shall be made by a majority of votes of the members present at the meeting. In the event of an equality of votes, the member presiding at the meeting shall have a casting vote.

(3) The Chairman of the Commission shall preside at all meetings of the Commission, and in his absence, a member elected by the members present from amongst themselves, shall preside at such meeting.

61A. Subject to the provisions of paragraphs (1), (2), (3), (4) and (5) of Article 126, no court or tribunal shall have power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission, a Committee, or any public officer, in pursuance of any power or duty conferred or imposed on such Commission, or delegated to a Committee or public officer, under this Chapter or under any other law.

61B. Until the Commission otherwise provides, all rules, regulations and procedures relating to the public service as are in 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 if they had been made or provided for under this Chapter.

61C.
(1) Every person who, otherwise than in the course of such persons lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission, or a Committee or a public officer to whom the Commission has delegated any power under this Chapter, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.

(2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1) of this Article.

61D. A person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until he takes and subscribes the oath or makes and subscribes the affirmation set out in the Fourth Schedule to the Constitution.

61E. The President shall appoint
(a) the Heads of the Army, the Navy and the Air Force; and
(b) subject to the provisions of Article 41 C, the Attorney General and the Inspector-General of Police.

61F. For the purposes of this Chapter "public officer" does not include a member of the Army, Navy or Air Force, an officer of the Election Commission appointed by such Commission, a police officer appointed by the National Police Commission or a scheduled public officer appointed by the Judicial Service Commission.

95.
(1) Within three months of the commencement of the Constitution the President shall for the delimitation of electoral districts, establish a Delimitation Commission consisting of three persons appointed by him who he is satisfied are not actively engaged in politics. The President shall appoint one of such persons to be the Chairman.

(2) If any member of the Delimitation Commission shall die or resign or if the President is satisfied that any such member has become incapable of discharging his functions as such, the President shall, in accordance with the provisions of paragraph (1) of this Article, appoint another person in his place.

96.
(1) The Delimitation Commission shall divide Sri Lanka into not less than twenty and not more than twenty-five electoral districts, and shall assign names thereto.

(2) Each Province of Sri Lanka may itself constitute an electoral district or may be divided into two or more electoral districts.

(3)Where a Province is divided into a number of electoral districts the Delimitation Commission shall have regard to the existing administrative districts so as to ensure as far as is practicable that each electoral district shall be an administrative district or a combination of two or more administrative districts or two or more electoral districts together constitute an administrative district.

(4)The electoral districts of each Province shall together be entitled to return four members, (independently of the number of members which they are entitled to return by reference to the number of electors whose names appear in the registers of electors of such electoral districts), and the Delimitation Commission shall apportion such entitlement equitably among such electoral districts.

(5)In the event of a difference of opinion among the members of the Delimitation Commission, the opinion of the majority thereof shall prevail and shall be deemed to be the decision of the Commission. Where each member of the Commission is of a different opinion, the opinion of the Chairman shall be deemed to be the decision of the Commission. Any dissentient member may state his reasons for such dissent.

(6) The Chairman of the Delimitation Commission shall communicate the decisions of the Commission together with the reasons, if any, stated by a dissentient member to the President.

5. The territory of the Republic of Sri Lanka shall consist of the twenty five administrative districts, the names of which are set out in the First Schedule and its territorial waters provided that administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as parliament may by resolution determine.

103.
(1) There shall be an Election Commission (in this Chapter referred to as the "Commission") consisting of five members appointed by the President on the recommendation of the Constitutional Council, from amongst persons who have distinguished themselves in any profession or in the fields of administration or education. The President shall on the recommendation of the Constitutional Council, appoint one member as its Chairman.

(2) The object of the Commission shall be to conduct free and fair elections and Referenda.

(3) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Councilor a local authority, or is or appointed a judicial officer or public officer, or is or enters into the employment of the State in any capacity whatsoever.

(4) The provisions of the Constitution and any other law relating to the removal of judges of the Supreme Court and the Court of Appeal from office shall, mutatis mutandis, apply to the removal of a member of the Commission from office.

(5) A member of the Commission who without obtaining prior leave of the Commission, absents himself from three consecutive meetings of the Commission shall. be deemed to have vacated office with effect from the date of the third of such meetings.

(6) A member of the Commission shall hold office for a period of five years from the date of appointment, unless he becomes subject to any disqualification under paragraph (3) of this Article or earlier resigns from office by writing addressed to the President or is removed from office under paragraph (4) of this Article, or is convicted by a court of Law of any offence involving moral turpitude, or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated office under paragraph (5) of this Article.

(7) The President may grant a member leave from the predominance of his duties relating to the Commission for a period not exceeding two months and may appoint a person qualified to be a member of the Commission to be a temporary member for the period of such leave. Every such appointment shall be made on the recommendation of the Constitutional Council.

(8) A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the member.

(9) All members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.

104.
(1) The quorum for any meeting of the Commission shall be three members.

(2)
(a) The Chairman of the Commission shall preside at all meetings of the Commission and, in the absence of the Chairman from any meeting of the Commission, a member elected by the members present from amongst themselves shall preside at such meeting.
(b) Decisions of the commission shall be by a majority of the members present and voting at the meeting at which the decision is taken and in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote.

(3) The Commission shall have power to act notwithstanding any vacancy in the membership of the Commission, and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

104A. Subject to the jurisdiction conferred on the Supreme Court under paragraph (1) of Article 126, Article 104 Hand Article 130, and on the Court of Appeal by Article 144, and the jurisdiction conferred on any court by any law to hear and determine election petitions or Referendum petitions
(a) no court shall have the power or jurisdiction to entertain or hear or decide or call in question on any ground and in any manner whatsoever, any decision, direction or act of the Commission, made or done or purported to have been made or done under the Constitution or under any law relating to the holding of an election or the conduct of a . Referendum as the case may be, which decisions, directions or acts shall be final and conclusive: and

(b) no suit or prosecution or other proceedings shall lie against any member or officer of the Commission for any act of thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions under the Constitution or under any law relating to the holding of an election or the conduct of a Referendum as the case may be.

104B.
(1) The Commission shall exercise, perform and discharge all such powers duties and functions conferred or imposed on or assigned to
(a) the Commission; or
(b) the Commissioner-General of Elections.

(2) It shall be the duty of the Commission to secure the enforcement of all laws relating to the holding of any such election or the conduct of Referenda, and it shall be the duty of all authorities of the State charged with the enforcement of such laws, to co-operate with the Commission to secure such enforcement.

(3) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions and shall forward to Parliament for each calendar year a report of its activities for such year.

(4)
(a) The Commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the State or any public corporation.
(i) for the purpose of promoting or preventing the election of any candidate or any political party or independent group contesting at such election;
(ii) by any candidate or any political party or any independent group contesting at such election,

(5)
(a) The Commission shall have the power to issue from time to time, in respect of the holding of any election or the conduct of a Referendum, such guidelines as the Commission may consider appropriate to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper as the case may be, as the Commission may consider necessary to ensure a free and fair election.
(b) It shall be the duty of the Chairman of the Sri Lanka Broadcasting Corporation and the Chairman of the Sri Lanka Rupavahini Corporation, to take all necessary steps to ensure compliance with any guidelines as are issued to them under sub-paragraph (a).
(c) Where the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini Corporation as the case maybe, contravenes any guidelines issued by the Commission under sub-paragraph (a), the Commission may appoint a Competent Authority by name or by office, who shall, with effect from the date of such appointment, take over the management of such Broadcasting Corporation or Rupavahini Corporation as the case maybe, in respect of all political broadcasts or any other broadcast, which in the opinion of the Commission impinge on the election, until the conclusion of the election and such organization, shall not, during such period, discharge any function connected with or relating to such management which is taken over by the Competent Authority.
(d) Parliament may by law provide for the powers and functions of the Competent Authority appointed under subparagraph (c).

104C.
(1) Upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum, as the case maybe, the Commission shall notify the Inspector-General of Police of the facilities and the number of police officers required by the Commission for the holding or conduct of such election or Referendum, as the case may be.

(2) The Inspector-General of Police shall make available to the Commission the facilities and police officers specified in any notification made under paragraph (1) of this Article.

(3) The Commission may deploy the police officers and facilities made available to the Commission in such manner as is calculated to promote the conduct of a free and fair election or Referendum, as the case may be.

(4) Every police officer made available to the Commission under paragraph (2) of this Article, shall be responsible to and act under the direction and control of the Commission during the period of an election.

(5) No suit, prosecution or other proceeding, shall lie against any police officer made available to the Commission under this Article for any lawful act or thing in good faith done by such police officer, in pursuance of a direction of the Commission or his functioning under the Commission.

104D. It shall be lawful for the Commission upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum, as the case maybe, to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election or Referendum, as the case may be.

104E.
(1) There shall be a Commissioner-General of Elections who shall, subject to the approval of the Constitutional Council, be appointed by the Commission on such terms and conditions as shall be determined by the Commission.

(2) The Commissioner-General of Elections shall be entitled to be present at meetings of the Commission except where any matter relating to him is being considered by the Commission. He shall have no right to vote at such meetings.

(3) The Commission may appoint such other officers to the Commission on such terms and conditions as may be determined by the Commission.

(4) The salaries of the Commissioner-General of Elections and other officers of the Commission, shall be determined by the Commission and shall be charged on the Consolidated Fund.

(5) The Commissioner-General of Elections shall, subject to the direction and control of the Commission, implement the decisions of the Commission and exercise supervision over the officers of the Commission.

(6) The Commission may delegate to the Commissioner-General of Elections or other officer of the Commission, any power, duty or function of the Commission, and the Commissioner General of Elections or such officer shall exercise, perform and discharge such power, duty or function, subject to the direction and control of the Commission.

(7) The office of the Commissioner-General of Elections shall become vacant
(a) upon his death;
(b) on his resignation in writing addressed to the Commission;
(c) on his attaining the age of sixty five years;
(d) on his removal by the Commission on account of ill health or physical or mental infirmity; or
(e) on his removal by the Commission on the presentation of an address of Parliament in compliance with the provisions of paragraph (8), for such removal on the ground of proved misbehavior or incapacity.

(8)
(a) The address referred to in sub-paragraph (e) of paragraph (7) of this Article shall be required to be supported by a majority of the total number of Members of Parliament (including those not present) and no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehavior or incapacity.
(b) Parliament shall by law or by Standing Orders, provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehavior or incapacity and the right of the Commissioner-General of Elections to appear and to be heard in person or by representatives.

104F.
(1) The Commission shall from time to time by notice published in the Gazette appoint by name or by office a person to be a Returning Officer to each electoral district, and may appoint by name or by office one or more persons to assist the Returning Officer in the performance of his duties.

(2) Every Officer appointed under paragraph (1) shall in the performance and discharge of such duties and functions as are assigned to him, be subject to such directions as may be issued by the Commission and shall be responsible and answerable to the Commission therefor.

104G. All public officers performing duties and functions at any election or Referenda shall act in the performance and discharge of such duties and functions under the directions of the Commission, and shall be responsible and answerable to the Commission therefor.

104H.
(1) The jurisdiction conferred on the Court of Appeal under Article 140 of the Constitution shall, in relation to any matter that may arise in the exercise by the Commission of the powers conferred on it by the Constitution or by any other law, be exercised by the Supreme Court.

(2) Every application invoking the jurisdiction referred to in paragraph (1), shall be made within one month of the date of the commission of the act to which the application relates. The Supreme Court shall hear and finally dispose of the application within two months of the filing of the same.

104J. In this Chapter "during the period of an election" shall mean the period commencing on the making of a Proclamation or Order for the conduct of a Referendum or for the holding of an election, as the case may be, and ending on the date on which the result of poll taken at such Referendum or election, as the case maybe, is declared.

111D.
(1) There shall be a Judicial Service Commission (in this Chapter referred to as the "Commission") consisting of the Chief Justice and two other Judges of the Supreme Court appointed by the President, subject to the provisions of Article 41c.

(2) The Chief Justice shall be the Chairman of the Commission.

111E.
(1) The quorum for any meeting of the Commission shall be two members of the Commission.

(2) A Judge of the Supreme Court appointed as a member of the Commission shall, unless he earlier resigns his office or is removed therefrom as hereinafter provided or ceases to be a Judge of the Supreme Court, hold office for a period of three years from the date of his appointment, but shall be eligible for re-appointment.

(3) All decisions of the Commission shall be made by a majority of the members present, and in the event of an equality of votes, the Chairman of the meeting shall have a casting vote.

(4) The Commission shall have power to act notwithstanding any vacancy in its membership and no act or proceeding of the Commission shall be, or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

(5) The President may grant to any member of the Commission leave from his duties and may appoint on the recommendation of the Constitutional Council, a person qualified to be a member of the Commission to be a temporary member for the period of such leave.

(6) The President may, on the recommendation of the Constitutional Council, for cause assigned, remove from office any member of the Commission.

111F. A member of the Commission shall be paid such allowances shall may be determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be reduced during the period of office of a member, and shall be in addition to the salary and other allowances attached to, and received from, the substantive appointment: Provided that until the amount to be paid as allowances is determined under the provisions of this Article, the members or the Commission shall continue to receive as allowances, such amount as they were receiving on the day immediately preceding the date on which this Chapter comes into operation.

111G. There shall be a Secretary to the Commission who shall be appointed by the Commission from among senior judicial officers of the Courts of First Instance.

111H.
(1) The Judicial Service Commission is hereby vested with the power to
(a) transfer judges of the High Court.
(b) appoint, promote, transfer, exercise disciplinary control and dismiss judicial officers and scheduled public officers.

(2) The Commission may make -
(a) rules regarding training of Judges of the High Court, the schemes for recruitment and training, appointment, promotion and transfer of judicial offices and scheduled public officers;
(b) provision for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of the Commission.

(3) The Chairman of the Commission or any Judge of the Supreme Court or Judge of the Court of Appeal as the case may be, authorized by the Commission shall have power and authority to inspect any court of First Instance, or the records, registers and other documents maintained in such Court, or hold such inquiry as may be necessary.

(4) The Commission may by Order published in the Gazette delegate to the Secretary to the Commission the power to make transfers in respect of scheduled public officers, other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

111J. Any judicial officer or scheduled public office may resign his office by writing under his hand addressed to the Chairman of the Commission.

111K. No suit or proceeding shall lie against the Chairman, member or Secretary or officer or the Commission for any lawful act which in good faith is done in the performance of his duties or functions as such Chairman, member, Secretary or officer of the Commission.

111L.
(1) Every person who otherwise than in the course of such persons lawful duty, directly or indirectly alone or by or with any other person, in any manner whatsoever, influences or attempts to influence any decision or order made by the Commission or to so influence any member thereof, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).

111M.
(a) In this Chapter -
“appointment” includes the appointment to act in any office referred to tin this Chapter.

“judicial officer” means any person who holds office as judge, presiding officer, tribunal or institution created and established for the administration of justice or for the adjudication of any labour or other dispute, but does not include a Judge of the Supreme Court or of the Court of Appeal or of the High Court or a person who performs arbitral functions, or a public officer whose principal duty is not the performance of functions of a judicial nature; and

“scheduled public officer” means the Registrar of the Supreme Court, the Registrar of the Court of Appeal, the Registrar, Deputy Registrar or Assistant Registrar of the High Court or any Court of First Instance, the Fiscal, the Deputy Fiscal of the Court of Appeal or High Court and any Court of First Instance, any public officer employed in the Registry of the Supreme Court, Court of Appeal or High Court or any Court of First Instance included in a category specified in the Fifth Schedule or such other categories as may be specified by Order made by the Minister in charge of the subject of Justice and approved by Parliament and published in the Gazette.

(b) No court, tribunal or institution shall have jurisdiction to entertain or to determine the question whether or not a person is a judicial officer within the meaning of the Constitution, but such question shall be determined solely by the Commission, whose decision thereon shall be final and conclusive.

(c) No act of such person or proceeding held before such person, prior to such determination as is referred to in subparagraph (b) shall be deemed to be invalid by reason of such determination.

116.
(1) Every judge, presiding officer, public officer or other person entrusted by law with judicial powers or functions or with functions under this Chapter or with similar functions under any law enacted by Parliament shall exercise and perform such powers and functions without being subject to any direction or other interference proceeding from any other person except a superior court, tribunal, institution or other person entitled under law to direct or supervise such judge, presiding officer, public officer or such other person in the exercise or performance of such powers or functions.

(2) Every person who, without legal authority, interferes or attempts to interfere with the exercise or performance of the judicial powers or functions of any judge, presiding officer, public officer or such other person as is referred to in paragraph (1) of this Article, shall be guilty of an offence punishable by the High Court on conviction after trial without a jury with imprisonment of either description for a term which may extend to a period of one year or with fine or with both such imprisonment and fine and may, in addition, be disqualified for a period not exceeding seven years from the date of such conviction from being an elector and from voting at a Referendum or at any election of the President of the Republic or at any election of a Member of Parliament or any local authority or from holding any public office and from being employed as a public officer.

153.
(1) There shall be an Auditor-General who shall, subject to the provisions of Article 41C be appointed by the President and who shall hold office during good behaviour.

(2) The salary of the Auditor-General shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(3) The office of the Auditor-General shall become vacant -
(a) upon his death;
(b) on his resignation in writing addressed to the President;
(c) on his attaining the age of sixty years;
(d) on his removal by the President on account of ill health or physical or mental infirmity; or
(e) on his removal by the President upon an address of Parliament.

(4) Whenever the Auditor-General is unable to discharge the functions of his office, the President may, subject to the provisions of Article 41C, appoint a person to act in the place of the Auditor-General.

154.
(1) The Auditor-General shall audit the accounts of all departments of Government, the Offices of the Cabinet of Ministers, the Judicial Service Commission, the Public Service Commission, the Parliamentary Commissioner for Administration, the Secretary-General of Parliament and the Election Commission , local authorities, public corporations and business or other undertakings vested in the Government under any written law.

(2) Notwithstanding the provisions of paragraph (1) of this Article, the Minister in charge of any such public corporation or business or other undertaking may, with the concurrence of the Minister in charge of the subject of Finance, and in consultation with the Auditor-General, appoint a qualified auditor or auditors to audit the accounts of such public corporation or business or other undertaking. Where such appointment has been made by the Minister, the Auditor-General may, in writing, inform such auditor or auditors that he proposes to utilize his or their services for the performance and discharge of the Auditor-Generals duties and functions in relation to such public corporation, business or other undertaking and thereupon such auditor or auditors shall act under the direction and control of the Auditor-General.

(3) The Auditor-General shall also perform and discharge such duties and functions as may be prescribed by Parliament by law.

(4)
(a) The Auditor-General may for the purpose of the performance and discharge of his duties and functions engage the services of a qualified auditor or auditors who shall act under his direction and control.
(b) If the Auditor-General is of opinion that it is necessary to obtain assistance in the examination of any technical, professional, or scientific problem relevant to the audit, he may engage the services of -
(i) a person not being an employee of the department, body or authority the accounts of which are being audited, or
(ii) any technical or professional or scientific institution not being an institution which has any interest in the management of the affairs of such department, body or authority.

(5)
(a) The Auditor-General or any person authorized by him shall in the performance and discharge of his duties and functions be entitled -
(i) to have access to all books, records, returns and other documents;
(ii) to have access to stores and other property; and
(iii) to be furnished with such information and explanations as may be necessary for the performance of such duties and functions.
(b) Every qualified auditor appointed to audit the accounts of any public corporation, or business or other undertaking, or any person authorized by such auditor shall be entitled to like access, information and explanations in relation to such public corporation, or business or other undertaking.

(6) The Auditor-General shall within ten months after the close of each financial year and as and when he deems it necessary report to Parliament on the performance and discharge of his duties and functions under the Constitution.

(7) Every qualified auditor appointed under the provisions of paragraph (2) of this Article shall submit his report to the Minister and also submit a copy thereof to the Auditor-General.

(8) In this Article, "qualified auditor" means –
(a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possess a certificate to practise as an Accountant issued by the Council of such Institute; or
(b) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute.

154R.
(1) There shall be a Finance Commission consisting of
(a) the Governor of the Central Bank of Sri Lanka;
(b) the Secretary to the Treasury; and
(c) three other members who are appointed by the President on the recommendation of the Constitutional Council, to represent the three major communities each of whom shall be a person who has distinguished himself, or held high office, in the field of finance, law, administration, business or learning;
(2) Every member of the Commission shall, unless he earlier dies, resigns or is removed from office, hold office for a period of three years.
(3) The Government shall, on the recommendation of, and in consultation with, the Commission, allocate from the Annual Budget, such funds as are adequate for the purpose of meeting the needs of the Provinces.
(4) It shall be the duty of the Commission to make recommendations to the President as to
(a) the principles on which such funds as are granted annually by the Government for the use of Provinces, should be apportioned between the various Provinces; and
(b) any other matter referred to the Commission by the President relating to Provincial finance.
(5) The Commission shall formulate such principles with the objective of achieving balanced regional development in the country, and shall accordingly take into account
(a) the population of each Province;
(b) the per capita income of each Province
(c) the need, progressively, to reduce social and economic disparities; and
(d) the need, progressively, to reduce the difference between the per capita income of each Province and the highest per capita income among the Provinces.
(6) The Commission shall determine its own procedure and shall have such powers in the performance of its duties as Parliament may, by law, confer on it.
(7) The President shall cause every recommendation made by the Finance Commission under this Article to be laid before Parliament, and shall notify Parliament as to the action taken thereon.
(8) No Court or Tribunal shall inquire into or, pronounce on, or in any manner entertain, determine or rule upon, any question relating to the adequacy of such funds, or any recommendation made, or principle formulated by, the Commission.

155A.
(1) There shall be a National Police Commission (in this Chapter referred to as the "Commission") consisting of seven members appointed by the President on the recommendation of the Constitutional Council, and Inspector-General of Police shall be, ex officio, be a member of the Commission. The Constitutional Council may, in making its recommendation, consult the Public Service Commission. The President shall on the recommendation of the Constitutional Council appoint one member as the Chairman.
(2) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Councilor a local authority.
(3) Every person who immediately before his appointment as a member of the Commission, was a public officer in the service of the State or a judicial officer, shall upon such appointment taking effect, cease to hold such office, and shall be ineligible for further appointment as a public officer or a judicial officer:
(4) Every member of the Commission shall hold office for a period of three years from the date of his appointment, unless he becomes subject to any disqualification under paragraph (2) of this Article, or earlier resigns from his office by writing addressed to the President or is removed from office by the President on the recommendation of the Constitutional Council or is convicted by a Court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6) of this Article.
(5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.
(6) In the event of the Chairman or a member of the Commission absenting himself from three consecutive meetings of the Commission without the prior leave of the Commission, he shall be deemed to have vacated his office from the date of the third of such meetings and shall not be eligible to be reappointed as a member or as Chairman of the Commission.
(7) The Chairman and members of the Commission shall be paid such allowances as are determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the Chairman or member.
(8) The Chairman and members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.

155B
(1) The quorum for a meeting of the Commission shall be four members.
(2) The Chairman shall preside at all meetings of the Commission and in his absence a member elected by the members present from amongst the members shall preside at such meeting.
(3) Decisions of the Commission shall be by a majority of members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes the Chairman or the person presiding shall have a casting vote.
(4) The Commission shall have power to act notwithstanding any vacancy in its membership, and any act or proceeding or decision of the Commission shall not be invalid or deemed to be invalid be reason only of such vacancy or any defect in the appointment of the Chairman or member.

155C.
(1) Subject to the jurisdiction conferred on the Supreme Court under paragraph (1) of Article 126, no court or tribunal shall have the power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission or a Committee, in pursuance of any power or duty, conferred or imposed on such Commission or Committee under this Chapter or under any other law.

155D. There shall be a Secretary to the Commission and such other officers appointed by the Commission on such terms and to the conditions as may be determined by the Commission.

155E. The costs and expenses of the Commission shall be charge on the Consolidated Fund.

155F.
(1) Every person who, otherwise than in the course of such persons lawful duty, directly or indirectly by himself or by or with any other person in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission or a Committee, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.
(2) A High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).

155G.
(1)
(a) The appointment, promotion transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police, shall be vested in the Commission. The Commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the Inspector-General of Police.
(b) The Commission shall not in the exercise of its powers under this Article, derogate from the powers and functions assigned to the Provincial Police Service Commissions as and when such Commissions are established under Chapter XYlIA of the Constitution.
(2) The Commission shall establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service, and provide redress in accordance with the provisions of any law enacted by Parliament for such purpose.
(3) The Commission shall provide for and determine all matters regarding police officers, including the formulation of schemes of recruitment and training and the improvement of the efficiency and independence of the police service, the nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Provincial Divisions, codes of conduct, and the standards to be followed in making promotions and transfers, as the Commission may from time to time consider necessary or fit.
(4) The Commission shall exercise all such powers and perform all such functions and duties as are vested in it under Appendix I of List I contained in the Ninth Schedule of the Constitution.

155H.
(1) The Commission may delegate to a Committee of the Commission (not consisting of members of the Commission) as shall be nominated by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of police officers as are specified by the Commission.
(2) The Commission shall cause to be published in the Gazette the appointment of any such Committee.
(3) The procedure and quorum for meetings of such a Committee shall be according to rules made by the Commission. The Commission shall cause such rules to be published in the Gazette.

155J.
(1) The Commission may, subject to such conditions and procedures as may be prescribed by the Commission, delegate to the Inspector-General of Police or in consultation with the Inspector-General of Police to any Police Officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officer.
(2) The Commission shall cause any such delegation to be published in the Gazette.

155K.
(1) A police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by the Inspector-General of Police or a Committee or Police Officer referred to in Article 1551-1 and 1551 in respect of himself, may appeal to the Commission against such order in accordance with rules made by the Commission Item time to time regulating the procedure and the period fixed for the making and hearing of an appeal by the Commission.
(2)The Commission shall have the power to alter ,vary, rescind or conform such order upon such appeal, or to give directions in relation thereto or to order such further or other inquiry, as to the Commission shall seem fit.
(3) The Commission shall from time to time cause to be published in the Gazette, rules made by it under paragraph (1) of this Article.
(4) Upon any delegation to the Inspector-General of Police or a Committee or Police Officer under Article 155H and 1553 of this Chapter as the case maybe, the Commission shall not, whilst such delegation of its powers is in force, exercise or perform its functions or duties in respect of the categories of Police Officers in respect of which such delegation is made, subject to the right of appeal hereinbefore provided.

155L. Any Police Officer aggrieved by any order relating to promotion, transfer, or any order on a disciplinary matter or dismissal made by the Commission, in respect of himself, may appeal therefrom to the Administrative Appeals Tribunal established under Article 59, which shall have the power to alter, vary or rescind any order or decision made by the Commission.

155M. Until the Commission otherwise provides, all rules, regulations and procedures relating to the police force as are in force shall continue to be operative and in force.

155N. The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions, and shall forward to Parliament in each calendar year a report of its activities in such year.

156.
(1) Parliament shall by law provide for the establishment of the office of the Parliamentary Commissioner for Administration (Ombudsman) charged with the duty of investigating and reporting upon complaints or allegations of the infringement of fundamental rights and other injustices by public officers and officers of public corporations, local authorities and other like institutions, in accordance with and subject to the provisions of such law.
(2) The Parliamentary Commissioner for Administration shall, subject to the provisions of Article 41C, be appointed by the President and shall hold office during good behaviour.
(3) The salary of the Parliamentary Commissioner for Administration shall be determined by Parliament and shall not be diminished during his term of office.
(4) The office of the Parliamentary Commissioner for Administration shall become vacant -
(a) upon his death;
(b) on his resignation in writing addressed to the President;
(c) on his attaining the age fixed by law;
(d) on his removal by the President on account of ill health or physical or mental infirmity; or
(e) on his removal by the President on an address of Parliament.
(5) Whenever the Parliamentary Commissioner for the Administration is unable to perform and discharge the duties and functions of his office, the President shall subject to the Provisions of Article 41C, appoint a person to act in his place.

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