PARLIAMENT OF THE DEMOCRATIC ... - Embassy of …

1 PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OFSRI LANKA NINETEENTH AMENDMENT TO THECONSTITUTIONP rinted on the Order of Government[Certified on 15th May, 2015]PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKATO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5 Price : Rs. : Rs. as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of May 15, 20151 Nineteenth Amendment to the Constitution2 PL 008870 3000 (03/2015)[Certified on 15th May, 2015] O. 20 ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATICSOCIALIST REPUBLIC OF SRI LANKABe it enacted by the PARLIAMENT of the DEMOCRATIC SocialistRepublic of Sri Lanka as follows:-1.

2 (1) This Act may be cited as the NineteenthAmendment to the Constitution.(2) The provisions of this Act other than the provisions ofsection 9 (in so far it relates to paragraph (1) of Article 46 ofthe Constitution of the DEMOCRATIC socialist Republic of SriLanka) and the provisions of section 15 shall come intoforce on the date on which this Act comes into operation.(3) The provisions of section 9 (in so far it relates toparagraph (1) of Article 46 of the Constitution of theDemocratic socialist Republic of Sri Lanka) and theprovisions of sections15, 28, 29 30 and 31 shall come intoforce upon the conclusion of the General Election heldimmediately after the date on which this Act comes Constitution of the DEMOCRATIC socialist Republicof Sri Lanka (hereinafter in this Act referred to as the Constitution )

3 Is hereby amended by the insertionimmediately after Article 14 thereof of the following newArticle :-14A. (1) Every citizen shall have the right ofaccess to any information as provided for bylaw, being information that is required for theexecise or protection of a citizen s right heldby:-(a) the State, a Ministry or any GovernmentDepartment or any statutory bodyShort title anddate of newArticle 14A inthe Constitutionof theDemocraticSocialistRepublic of SriLanka. Right ofaccess Amendment to the Constitution2established or created by or underany law;(b) any Ministry of a Minster of theBoard of Ministers of a Province orany Department or any statutory bodyestablished or created by a statute of aProvincial Council;(c) any local authority; and(d) any other person, who is in possessionof such information relating to anyinstitution referred to in sub-paragraphs(a) (b) or (c) of this paragraph.

4 (2) No restrictions shall be placed on the right declaredand recognized by this Article, other than such restrictionsprescribed by law as are necessary in a DEMOCRATIC society,in the interests of national security, territorial integrityor public safety, for the prevention of disorder or crime,for the protection of health or morals and of the reputationor the rights of others, privacy, prevention of contempt ofcourt, protection of parliamentary privilege, for preventingthe disclosure of information communicated in confidence,or for maintaining the authority and impartiality ofthe judiciary.

5 (3) In this Article, citizen includes a body whetherincorporated or unincorporated, if not less than three-fourthsof the members of such body are citizens..3. Article 30 of the Constitution is hereby repealed andthe following Article substituted therefor:- 30. (1) There shall be a President of theRepublic of Sri Lanka, who is the Head of theState, the Head of the Executive and of theGovernment and the Commander-in-Chief ofthe Armed ofArticle 30 of theConstitution. ThePresident ofthe Amendment to the Constitution(2) The President of the Republic shall beelected by the People and shall hold office fora term of five years.

6 4. Article 31 of the Constitution is hereby amended asfollows:-(1) by the insertion immediately after paragraph (1) ofthat Article, of the following new paragraph:- (2) No person who has been twice electedto the office of President by the People, shall bequalified thereafter to be elected to such office bythe People. ;(2) in paragraph (3A) of that Article:-(a) (i) by the substitution in sub-paragraph(a)(i) of that paragraph, for the words commencement of his current term ofoffice, by Proclamation, declare hisintention , of the words commencementof his first term of office, by Proclamation,declare his intention ; and(ii) by the repeal of the proviso to sub-paragraph (a)(i).

7 (b) in sub-paragraph (d) of that paragraph, by thesubstitution for the words for a term of sixyears wherever those words appear in thatsub-paragraph, of the words for a term offive years . 33 of the Constitution is hereby repealed andthe following Article is substituted therefor:-33. (1) It shall be the duty of the Presidentto Amendment ofArticle 31 of theConstitution. Duties,powers andfunctions ofthe ofArticle 33 of Amendment to the Constitution4(a) ensure that the Constitution isrespected and upheld;(b) promote national reconciliation andintegration;(c) ensure and facilitate the properfunctioning of the ConstitutionalCouncil and the institutions referredto in Chapter VIIA; and(d) on the advice of the ElectionCommission, ensure the creation ofproper conditions for the conduct offree and fair elections and referenda.

8 (2) In addition to the powers, duties andfunctions expressly conferred or imposed on,or assigned to the President by the Constitutionor other written law, the President shall havethe power (a) to make the Statement ofGovernment Policy in PARLIAMENT atthe commencement of each sessionof PARLIAMENT ;(b) to preside at ceremonial sittings ofParliament;(c) to summon, prorogue and dissolveParliament;(d) to receive and recognize,and to appoint and accredit,Ambassadors, High Commissioners,Plenipotentiaries and otherdiplomatic agents;5 Nineteenth Amendment to the Constitution(e) to appoint as President s Counsel,attorneys- at- law who have reachedeminence in the profession and havemaintained high standards ofconduct and professional President s Counselappointed under this paragraph shallbe entitled to all such privileges aswere hitherto enjoyed by Queen sCounsel.

9 (f) to keep the Public Seal of theRepublic, and to make and executeunder the Public Seal, the acts ofappointment of the Prime Ministerand other Ministers of the Cabinetof Ministers, the Chief Justice andother judges of the Supreme Court,the President of the Court of Appealand other judges of the Court ofAppeal, and such grants anddispositions of lands and otherimmovable property vested in theRepublic as the President is by lawrequired or empowered to do, and touse the Public Seal for sealing allthings whatsoever that shall pass thatSeal;(g) to declare war and peace; and(h) to do all such acts and things, notinconsistent with the provisions ofthe Constitution or written law, asby international law, custom orusage the President is authorized orrequired to do.

10 Nineteenth Amendment to the following Article is hereby inserted immediatelyafter Article 33, and shall have effect as Article 33A of theConstitution:-33A. The President shall be responsible toParliament for the due exercise, performanceand discharge of his powers, duties andfunctions under the Constitution and anywritten law, including the law for the time beingrelating to public security.. 35 of the Constitution is hereby repealed andthe following Article is substituted therefor:-35. (1) While any person holds office asPresident of the Republic of Sri Lanka, no civilor criminal proceedings shall be instituted orcontinued against the President in respect ofanything done or omitted to be done by thePresident, either in his official or privatecapacity: Provided that nothing in this paragraphshall be read and construed as restricting theright of any person to make an applicationunder Article 126 against the Attorney-General,in respect of anything done or omi