It contains legal aspects of Sri Lanka as follows. It shall be lawful for the Commission, upon themaking of an Order for the holding of an election or the makingof a Proclamation requiring the conduct of a Referendum, asthe case may be, to make recommendations to the PresidentDeployment ofPolice by theCommissionDeployment ofArmed ForcesThe Constitution of the Democratic Socialist Republic of Sri Lanka87regarding the deployment of the armed forces of the Republicfor the prevention or control of any actions or incidents whichmay be prejudicial to the holding or conducting of a free and fairelection or Referendum, as the case may be.104E. . . . (1) Every statute made by a Provincial Council shallcome into force upon such statute receiving assent as hereinafterprovided. Key words: Environmental Law, Judicial Review, Fundamental Rights, Judicial Activism Introduction .78100 Penalty for sitting and voting in Parliament when disqualified 80101 Parliament may make provision in respect of elections . 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) All persons are equal before the law and are entitledto the equal protection of the law. . 165168 Past operation of laws, previous acts, offences and pending actions&c.. . . . . Such reference shall be made, or such petition shall befiled, within one week of the Bill being placed on the OrderPaper of the Parliament and a copy thereof shall at the same timebe delivered to the Speaker. . . . (1) The Supreme Court shall, subject to the Constitution,be the final Court of civil and criminal appellate jurisdiction forand within the Republic of Sri Lanka for the correction of allerrors in fact or in law which shall be committed by the Court ofAppeal or any Court of First Instance, tribunal or other institutionand the judgements and orders of the Supreme Court shall in allcases be final and conclusive in all such matters. (2) No Bill for the repeal of the Constitution shall be placedon the Order Paper of Parliament unless the Bill containsprovisions replacing the Constitution and is described in thelong title thereof as being an Act for the repeal and replacementof the Constitution. (8) (a) The address referred to in sub-paragraph (e) ofparagraph (7) of this Article shall be required to be supportedby a majority of the total number of Members of Parliament(including those not present) and no resolution for thepresentation of such an address shall be entertained by theSpeaker or placed on the Order Paper of Parliament, unlessnotice of such resolution is signed by not less than one-thirdof the total number of Members of Parliament and sets out fullparticulars of the alleged misbehaviour or incapacity. Chapter. . . . . The Pre-Parliamentary process involves the preparation of legislation on the basis of Government Policy. . . . 7th September 1978.Powers in appealPower to issue writs,other than writs ofhabeas corpusPower to issue writsof habeas corpusThe Constitution of the Democratic Socialist Republic of Sri Lanka111(b) the body of any person illegally or improperlydetained in public or private custody,and to discharge or remand and person so brought up orotherwise deal with such person according to law :Provided that it shall be lawful for the Court of Appeal torequire the body of such person to be brought up before the mostconvenient Court of First Instance and to direct the judge ofsuch court to inquire into and report upon the acts of the allegedimprisonment or detention and to make such provision for theinterim custody of the body produced as to such court shall seemright ; and the Court of Appeal shall upon the receipt of suchreport, make order to discharge or remand the person so allegedto be imprisoned or detained or otherwise deal with such personaccording to law and the Court of First Instance shall conformto and carry into immediate effect, the order so pronounced ormade by the Court of Appeal :Provided further that if provision be made by law for theexercise by any court, of jurisdiction in respect of the custody andcontrol of minor children, then the Court of Appeal, if satisfiedthat any dispute regarding the custody of any such minor childmay more properly be dealt with by such court, direct the partiesto make application in that court in respect of the custody ofsuch minor child.142. (4) Where any political party or other association ororganization has as one of its aims or objects the establishmentof a separate State within the territory of Sri Lanka, any personmay make an application to the Supreme Court for a declarationthat such political party or other association or organization hasas one of its aims or objects the establishment of a separate Statewithin the territory of Sri Lanka. 118153H Commission to be answerable to Parliament. . (1) Every citizen is entitled to (a) the freedom of speech and expression includingpublication ;(b) the freedom of peaceful assembly ;(c) the freedom of association ;(d) the freedom to form and join a trade union ;(e) the freedom, either by himself or in association withothers, and either in public or in private, to manifesthis religion or belief in worship, observance, practiceand teaching;(f) the freedom by himself or in association with othersto enjoy and promote his own culture and to use hisown language;(g) the freedom to engage by himself or in associationwith others in any lawful occupation, profession,trade, business or enterprise ;(h) the freedom of movement and of choosing hisresidence within Sri Lanka ; and(i) the freedom to return to Sri Lanka. . ]Appeals to theAdministrativeAppeals TribunalSaving of existingrules andregulations.123 -Substituted by the Nineteenth Amendment to the Constitution Sec.44CommissionAnswerable toParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka146CHAPTER XIXTHE PARLIAMENTARY COMMISSIONER FORADMINISTRATION156. . (2) The salary payable to, and the pension entitlement of aJudge of the Supreme Court and a Judge of the Court of Appealshall not be reduced after his appointment.77 [ 109. . 96111F Allowances of Members of the Commission . This paper ex-amines how and to what extent the Sri Lankan Courts have been successful in achieving this target through the use of judicial review. European Union Sri Lanka in EU legal acts. . . . . . . 2(2)(b)21 Proviso to Article 3A (a) (i) was repealed by the Nineteenth Amendment to the Constitution Sec.4The President of theRepublicThe Constitution of the Democratic Socialist Republic of Sri Lanka21(b) If, at any time after the date of Proclamation referred toin paragraph (a), and before the close of the poll at the electionheld in pursuance of such Proclamation, the President in officedies, such Proclamation shall be deemed to have been revokedwith effect from the date of such death and the election to be heldin pursuance of such Proclamation shall be deemed to be cancelled.The vacancy in the office of President caused by such death shall befilled in accordance with the provisions of Article 40. . . Tuesday, January 16, 2018 - 01:00 Print Edition Features Prof. S. Sarath Mathilal de Silva - Attorney-at-Law It is a feature of modern democratic life that the Courts be permitted to review the administrative power of the state, exercised by government officials and bureaucrats. . . Prevention of the extension from one Province to another of infectious orcontagious diseases or pests affecting human beings, animals or plants.36. (1) At any election of Members of Parliament, thetotal number of members which an electoral district is entitledto return shall be the number specified by the Commissionerof Elections in the Order published in accordance with theprovisions of paragraph (8) of Article 98. . . . . . . On his taking such oathor making such affirmation, he shall continue in service or holdoffice as if he had taken such oath or made such affirmationwithin the time prescribed under paragraph (1) of this Article.Oath or affirmationto be taken or madeby public officersand othersContinuation inoffice of Judges,public officers andothersThe Constitution of the Democratic Socialist Republic of Sri Lanka165(3) The President may by Proclamation (a) exclude the application of the provisions of paragraph(1) of this Article to any category of public offiers,(b) prescribe the persons or categories of persons whomay administer such oath or affimation in additionto the persons who are empowered under the existinglaw to administer oaths or affimations.166. . ]Every such certificate shall be final and conclusive and shallnot be called in question in any court. . The National Division of the Sri Lanka Police Force shall beresponsible for the prevention, detection and investigation of alloffences specifid in the Schedule and subject to the powers of theAttorney-General in terms of the Code of Criminal Procedure Act,for the institution of prosecutions in the relevant Courts in respect ofsuch offences.12:2 Where the Chief Minister seeks the assistance of the NationalDivision to preserve public order within a Province, the I.G.P. (1) The quorum for any meetings of the Commissionshall be three members. . (2) The Chairman shall preside at all meetings of theCommission. . The cadres of Police Officers of all ranks of the National Division shall befixed by the Government of Sri Lanka. Irrigation. Planning, designing, implementation, supervision and maintenanceof all irrigation works, other than irrigation schemes relating to rivers running throughmore than one Province or inter provincial irrigation and land development schemes.20. 149156E Meetings of the Commission . . . . 7396A (Repealed) 7497 Proclamation of names, &c. of electoral districts . (1) It shall be the duty of the Attorney-General toexamine every Bill for any contravention of the requirementsof paragraphs (1) and (2) of Article 82 and for any provisionwhich cannot be validly passed except by the special majorityprescribed by the Constitution ; and the Attorney-General or anyofficer assisting the Attorney-General in the performance of hisduties under this Article shall be afforded all facilities necessaryfor the performance of such duties. . (6) The procedure in regard to meetings of the Council andthe transaction of business at such meetings shall be determinedby the Council, including procedures to be followed in regardto the recommendation or approval of persons suitable for anyappointment under Article 41B or Article 41C. Colombo : Sumathi Publishers, 1995 Provincial Authorities will establish School Boards conforming to thespecifiations laid down by the Ministry of Education.11. (1) The sittings of every court, tribunal or otherinstitution, established under the Constitution or ordained andestablished by Parliament shall subject to the provisions of theConstitution be held in public, and all persons shall be entitledfreely to attend such sittings. 101124 Validity of Bills and legislative process not to be questioned 103125 Constitutional jurisdiction in the interpretation of the Constitution 103126 Fundamental rights jurisdiction and its exercise . The expenses of the Commission shall be charged onthe Consolidated Fund.156H. . Every person shall, unless disqualified as hereinafterprovided, be qualified to be an elector at the election of thePresident and of the Members of Parliament or to vote at anyReferendum:Provided that no such person shall be entitled to vote unlesshis name is entered in the appropriate register of electors.89. .6487 Parliament to provide for procedure . 110142 Power to bring up and remove prisoners . . 125154G Statutes of Provincial Councils . . . . . 145155L Appeals to the Administrative Appeals Tribunal . . . (1)25 inserted by the Eighteenth Amendment to the Constitution Sec 3. 114151 Contingencies Fund . (1) There shall be a Secretary-General to the Councilwho shall be appointed by the Council for a term of five years.Upon the expiration of his term of office, the Secretary-Generalshall be eligible for reappointment. . . 206Appendix III . The "Basic Communications Technology for Citizen Activists" is a tri Lingual publication of the CPA in 2016, using simple language to introduce grassroots citizen activists to the most popular e-communications and new media platforms including G- Mail, YouTube, and Facebook among others. Parliament shall have power to act notwithstanding anyvacancy in its membership and its proceedings shall be validnotwithstanding that it is discovered subsequently that a personwho was not entitled so to do sat or voted or otherwise took partin the proceedings.Powers ofParliament to actnotwithstandingvacanciesThe Constitution of the Democratic Socialist Republic of Sri Lanka55CHAPTER XITHE LEGISLATUREProcedure and Powers70. ]The Constitution of the Democratic Socialist Republic of Sri Lanka139[23. . . (1) The Commission may, subject to such conditionsand procedures as may be prescribed by the Commission,delegate to the Inspector-General of Police or in consultationwith the Inspector-General of Police to any Police Officer, itspowers of appointment, promotion, transfer, disciplinary controland dismissal of any category of police officers. . . 1 MemberAnuradhapura District. . Cambridge University Press , 2017 . 1324 Languages of the courts . . . The resolution established an international mechanism for OHCHR to collect, consolidate, analyse and preserve information . . . . . (4) Where an equality is found to exist between the votesreceived by two or more candidates and the addition of one votewould determine (a) which candidate is to be declared elected under thisArticle ; or(b) which candidate is not to be eliminated under thisArticle,then the determination of the candidate to whom suchadditional vote shall be deemed to have been given for thepurpose of such determination shall be made by lot.Election of thePresidentThe Constitution of the Democratic Socialist Republic of Sri Lanka7395. . (1) There shall be a Governor for each Province forwhich a Provincial Council has been established in accordancewith Article 154A. . . . This revised fourth edition is fully up to date with the latest key changes in the law . . The National Division shall perform all the functions vested in a ProvincialDivision, in any Province, for a period of one year or until a Provincial Division isestablished in such Province, whichever is earlier.The Constitution of the Democratic Socialist Republic of Sri Lanka20514. 5673 Quorum . . 20.116 Substituted by the Nineteenth Amendment to the Constitution Sec.38(1)117 Substituted by the Nineteenth Amendment to the Constitution Sec.38(2)Constitution of theNational PoliceCommissionThe Constitution of the Democratic Socialist Republic of Sri Lanka141involving moral turpitude or if a resolution for the impositionof civic disability upon such member has been passed in termsof Article 81 or is deemed to have vacated his office underparagraph (6) of this Article. . 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. The regulation of mines and mineral development, to the extent permitted byor under any law made by Parliament, within the Province.27. . 118153G Appeals to the Administrative Appeals Tribunal.. . (1) Ministers, Deputy Ministers and Members, includingthe Speaker, the Deputy Speaker and the Deputy Chairman ofcommittees, shall be paid such remuneration or allowance asmay be provided by Parliament, by law or by resolution, and thereceipt thereof shall not disqualify the recipient from sitting orvoting in Parliament. . 107134 Right to be heard by the Supreme court . Training of teachers and other educational personnel will come within thepurview of the National Institute of Education. ](9) For the purposes of this Article the register of electorsmeans the register of electors for the time being in operation onthe basis of which an election is being held.63[(99.) While appreciating the policy initiations taken on . Inquiries and statistics for the purpose of any of the matters in this List or inthe Provincial Council List.30. . . (14) The State shall protect, preserve and improve theenvironment for the benefit of the community. . The Republic of Sri Lanka shall give to Buddhism theforemost place and accordingly it shall be the duty of the Stateto protect and foster the Buddha Sasana, while assuring to allreligions the rights granted by Articles 10 and 14(1)(e).BuddhismThe Constitution of the Democratic Socialist Republic of Sri Lanka4CHAPTER IIIFUNDAMENTAL RIGHTS10. . . . Subject to the provisions of Article 163 every personwho immediately before the commencement of the Constitution -(a) held offie in any court or tribunal deemed, by virtueof the provisions of paragraph (2) of Article 105,to be a court or tribunal created and established byParliament,(b) was in the service of the Republic, any local authorityor any Public Corporation,(c) held offie in any local authority or PublicCorporation, or(d) held any appointment under any existing written law,shall continue in such service or hold such office orappointment under the same terms and conditions.165. 4961C Interference with the Commission . . (5) (a) The Auditor-General or any person authorized byhim shall in the performance and discharge of his duties andfunctions be entitled (i) to have access to all books, records, returns and otherdocuments ;(ii) to have access to stores and other property ; and(iii) to be furnished with such information andexplanations as may be necessary for the performanceof such duties and functions. . (5) The State shall strengthen national unity by promotingco-operation and mutual confidence among all sections of thePeople of Sri Lanka, including the racial, religious, linguisticand other groups and shall take effective steps in the fieldsof teaching, education and information in order to eliminatediscrimination and prejudice. and above shall also be required to attain the prescribed standard of English.Every recruit to the Sri Lanka Police Force shall have proficiency in his mothertongue. . 109139 Powers in appeal . . . (2) It shall be the duty of the Commission to secure theenforcement of all laws relating to the holding of any suchelection or the conduct of Referenda and it shall be the dutyof all authorities of the State charged with the enforcement ofsuch laws, to co-operate with the Commission to secure suchenforcement. . (3) It shall not be a contravention of the provisions ofparagraph (1) of this Article for Parliament to make any lawcontaining any provision empowering any person or body tomake subordinate legislation for prescribed purposes, includingthe power (a) to appoint a date on which any law or any part thereofshall come into effect or cease to have effect ;Standing OrdersDelegation oflegislative powerLegislative powerThe Constitution of the Democratic Socialist Republic of Sri Lanka58(b) to make by order any law or any part thereofapplicable to any locality or to any class of persons ;and(c) to create a legal person, by an order or an Act.in sub-paragraphs (a) and (b) of this paragraph, lawincludes existing law. . . 5672 Voting . . . THE CONSTITUTIONOF THEDEMOCRATIC SOCIALIST REPUBLICOF SRI LANKA(As amended up to 15th May 2015)Revised Edition 2015Published by the Parliament SecretariatPrinted at the Department of Government PrintingRevised Edition 2015Published by the Parliament SecretariatThis unofficial edition edited by the Bills Office of the LegislativeServices Department of Parliament of Sri Lanka reproduces thetext of the Constitution of the Democratic Socialist Republic ofSri Lanka as amended by Parliament from time to time up to theNineteenth Amendment to the Constitution. . Repealed113 A. Repealed114. . 4961D Oath or Affirmation of office . 6589 Disqualification to be an elector . 2.Application ofcertain provisionsJudges of SupremeCourt and HighCourt to cease tohold officeThe Constitution of the Democratic Socialist Republic of Sri Lanka164commencement of the Constitution shall, on the commencementof the Constitution, cease to hold office.164. (6) A Proclamation under this Article shall be conclusive forall purposes and shall not be questioned in any Court, and noCourt or Tribunal shall inquire into, or pronounce on, or in anymanner call in question, such Proclamation or the grounds formaking thereof.154M. . . . 182Second Schedule . 5163 Official oath or affirmation . . and the rules of conduct andetiquette for such attorneys-at-law ;(h) the attire of Judges, attorneys-at-law, offiers ofCourt and persons attending the Courts in Sri Lankawhether established by the Constitution, or byParliament or by existing law ;(i) the manner in which panels of jurors may beprepared and the mode of summoning, empanellingand challenging of jurors ;Rules of theSupreme Court97 Words and the appointment of senior attorneys-at-law omitted by the Eighth Amendment to theConstitution Sec.3The Constitution of the Democratic Socialist Republic of Sri Lanka109(j) proceedings of Fiscals and other ministerial offiersof such courts and the process of such courts and themode of executing the same ;(k) the binding effect of the decisions of the SupremeCourt(l) all matters of practice and procedure including thenature and extent of costs that may be awarded, themanner in which such costs may be taxed and thestamping of documents in the Supreme Court, Courtof Appeal, High Court and Courts of First Instancenot specially provided by or under any law. . No member shall beeligible to hold office as a member of the Commission for morethan two terms. . . . . (6) In this Article Official means the President, any Minister, DeputyMinister, Governor, Chief Minister or Minister of the Board ofMinisters of a Province, or any officer of a public institution ;local authority or Provincial Council ; andPublic Institution means a department or institution of theGovernment, a public corporation or statutory institution. . . . . . The Supreme Court shall have the power to hear anddetermine and make such orders as provided for by law on (a) any legal proceeding relating to 94[election of thePresident or the validity of a referendum];(b) any appeal from an order or judgement of the Courtof Appeal in an election petition case :Provided that the hearing and determination of a proceedingrelating to the 95[election of the President or the validity of areferendum shall be] by at least five Judges of the SupremeCourt of whom, unless he otherwise directs, the Chief Justiceshall be one.131. 7 of 2007 in which the Government or a public corporationor local authority holds fifty per centum or more of the shares ofthat company including the accounts thereof. . . . . . . (4) Where the President dissolves Parliament and fixes adate or dates for a General Election the President may, unlessParliament has already made provision in that behalf, authorizethe issue from the Consolidated Fund and the expenditure ofsuch sums as he may, after consultation with the Commissionerof Elections, consider necessary for such elections.Control ofParliament overpublic financeConsolidated FundWithdrawal of sumsfrom ConsolidatedFundThe Constitution of the Democratic Socialist Republic of Sri Lanka115151. . (1) A Proclamation issued under paragraph (1) (a) may be revoked or varied by a subsequentProclamation;(b) shall be laid before Parliament ;Parliament to conferpowers of ProvincialCouncil to PresidentFinancial instabilityThe Constitution of the Democratic Socialist Republic of Sri Lanka133(c) shall cease to operate at the expiration of two months,unless before the expiration of that period it has beenapproved by a resolution of Parliament :Provided that if any such Proclamation is issued at atime when Parliament has been dissolved or the dissolutionof Parliament takes place during the period of two monthsreferred to in sub-paragraph (c), but no resolution with respectto such Proclamation has been passed by Parliament beforethe expiration of that period, the Proclamation shall cease tooperate at the expiration of thirty days from the date on whichParliament first sits after its reconstitution, unless before theexpiration of the said period of thirty days a resolution approvingthe Proclamation has been passed by Parliament. . . (1) No Bill for the amendment of any provision of theConstitution shall be placed on the Order Paper of Parliament,unless the provision to be repealed, altered or added, andconsequential amendments, if any, are expressly specified in theBill and is described in the long title thereof as being an Act forthe amendment of the Constitution. Yet how correct is this assumption? . 5981 Expulsion of Members and imposition of civic disability . . (c) The Inspector-General of Police. . Activity 1.2 Study the special changes brought about to the judicial system in post-independence period of Sri Lanka. . . . . Wheresuch appointment has been made by the Minister, the AuditorGeneral may, in writing, inform such auditor or auditors thathe proposes to utilize his or their services for the performanceand discharge of the Auditor-Generals duties and functionsin relation to such 106[ public corporation, business or otherundertaking or a company referred to in paragraph (1)] andthereupon such auditor or auditors shall act under the directionand control of the Auditor-General. . The directionsso given shall be in relation to the grounds specified in suchProclamation for the making thereof.Explanation : A Proclamation under the Public SecurityOrdinance declaring that the maintenance of essential suppliesand services is threatened or that the security of Sri Lanka or anypart of the territory thereof is threatened by war, or by externalaggression, or by armed rebellion may be made before the actualbreakdown of supplies and services, or the actual occurrence ofwar, or of any such aggression or rebellion, if the President issatisfied that there is imminent danger thereof :Public SecurityThe Constitution of the Democratic Socialist Republic of Sri Lanka130Provided that where such Proclamation is in operationonly in any part of Sri Lanka, the power of the President togive directions under this Article, shall also extend to anyProvince other than the Province in which the Proclamation is inoperation if, and in so far as it is expedient so to do for ensuringthe maintenance of essential supplies and services or the securityof Sri Lanka. 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