|Insertion of" Chapter VIIA in the Constitution of the Democratic Socialist Republic of Sri Lanka. |
2. The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the "Constitution") is hereby amended by the insertion immediately after Article 41 of the Constitution of the following new Chapter, which shall have effect as Chapter VIlA of the Constitution ;-
Constitution of the Constitutional Council.
(1) There shall be a Constitutional Council (in this Chapter referred to as the "Council") which shall consist of the following members ;-
(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 :
(l) one person nominated upon agreement by the majority or 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 or 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 (l) 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 or 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.
(a) On the dissolution of Parliament, notwithstanding the provisions of 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 recognised 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 (]) 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 (I) of paragraph (i) or 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 hole! office during the unexpired part or the period of office of the member whom he succeeds.
(9) The member appointed under sub-paragraph (d) of paragraph (l) 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 sub-paragraph (f) of paragraph (I) of this Article, shall not he eligible fur re-appointment under those subparagraphs.
(11) The appointments made by the President under sub-paragraph (d), sub-paragraph (c) and sub-paragraph (I) of paragraph (1) of this Article, shall be communicated to the Speaker.
Council to recommend appointments.
(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 this 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 DC the Commissions specified in the Schedule I 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 or the Council. Schedule (a) The Election Commission. (b) The Public Service Commission. (c) The National Police Commission. (d) The Human Rights Commission or Sri Lanka. (e) The Permanent Commission to Investigate Allegations or Bribery or Corruption. (f) The Finance Commission. (g) The Delimitation Commission.
Council to approve appointments.
(1) No person shall he 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 or 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 he removed from such Office except as provided for in the Constitution or in any law.
(4) In the discharge of its function 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. schedule PART I (a) The Chief Justice and the Judges of the Supreme Court.. (b) The President and the Judges of the Court of Appeal. (c) The Members of the Judicial Service Commission other than the Chairman. PART II (a) The Attorney-General (b) The Auditor-General (c) The lnspector-General of Police. (d) The Parliamentary Commissioner for Administration (Ombudsman). (e) The Secretary-General of Parliament.
Secretary and officers of the Council.
(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 he determined by the Council.
Meetings of the Council.
(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 for 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 member 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) (f) paragraph (1) of Article 41 A. who without obtaining prior leave of the Council absents himself from two consecutive meetings 01' the Council shall he deemed to have vacated office with effect from the date of the second of such meetings.
Council to perform other duties.
41F. The Council shall perform and discharge such other duties and functions as may he-imposed or assigned to the Council by the Constitution, or by any other law.
Expenses to be charged on the consolidated Fund.
41G. The expenses incurred by the Council shall be charged on the Consolidated Fund.
Finality or decisions or the Council.
41H. Subject to the provisions of paragraph (I), (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 Council or any approval or recommendation made by the Council, which decision, recommendation or approval shall be final and conclusive for all purposes.'.