PARLIAMENT OF THE DEMOCRATIC

SOCIALIST REPUBLIC OF
SRI LANKA

EIGHTEENTH AMENDMENT TO THE

CONSTITUTION

[Certified on 09th September, 2010]

Printed on the Order of Government

Published as a Supplement to Part II of the Gazette of the Democratic

Socialist Republic of Sri Lanka of September 09, 2010

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

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 Eighteenth Amendment to the Constitution 1

[Certified on 09th September, 2010]

L. D.—O. 19/2010

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC

SOCIALIST REPUBLIC OF SRI LANKA

BE it enacted by the Parliament of the Democratic Socialist

Republic of Sri Lanka as follows:—

1. This Act may be cited as the Eighteenth Amendment Short title.

to the Constitution.

2. The Constitution of the Democratic Socialist Republic Amendment of

of Sri Lanka (hereinafter referred to as the “Constitution”) is Article 31 of the
Constitution of
hereby amended in Article 31 thereof, as follows:— the Democratic
Socialist
(1) by the repeal of paragraph (2) of that Article; and Republic of Sri
Lanka.
(2) in paragraph (3A) (a)(i) of that Article—

(a) by the substitution for the words “at any time

after the expiration of four years from the
commencement of his first term of office” of
the words “at any time after the expiration of
four years from the commencement of his
current term of office”; and

(b) by the substitution for the words “by election,

for a further term.” of the following:—

“by election, for a further term:

Provided that, where the President is elected

in terms of this Article for a further term of
office, the provisions of this Article shall
mutatis mutandis apply in respect of any
subsequent term of office to which he may be
so elected.”.
 2 Eighteenth Amendment to the Constitution

Amendment of 3. Article 32 of the Constitution is hereby amended as

Article 32 of the follows:—
Constitution.
(1) by the repeal of paragraph (3) of thereof, and the
substitution therefor of the following:—
“(3) The President shall by virtue of his office
attend Parliament once in every three months. In
the discharge of this function the President shall be
entitled to all the privileges, immunities and powers
of a Member of Parliament, other than the entitlement
to vote, and shall not be liable for any breach of the
privileges of Parliament or of its members”; and
(2) by the addition immediately after paragraph (3)
thereof, of the following new paragraph:—
“(4) The President shall by virtue of his office,
also have the right to address and send messages to
Parliament.”.

Repeal of 4. Chapter VII A of the Constitution (Articles 41 A

Chapter VII A of
the Constitution.
to 41H) is hereby repealed.

Insertion of new 5. The following new Heading and Article is hereby

Article 41A in inserted immediately after Article 41 of the Constitution
the Constitution.
and shall have effect as the Heading and Article 41 A
thereof:—

“CHAPTER VIIA

THE EXECUTIVE

THE PARLIAMENTARY COUNCIL

President to 41A. (1) The Chairman and members of the

make the Commissions referred to in Schedule I to this
appointments
in respect of Article, and the persons to be appointed to the
the offices referred to in Part I and Part II of
Commissions
and offices Schedule II of this Article, shall be appointed
referred to in to the Commissions and the offices referred to
the Schedules. in the said Schedules, by the President. In
Eighteenth Amendment to the Constitution 3

making such appointments, the President shall

seek the observations of a Parliamentary
Council (hereinafter in this Article referred to
as “the Council”), comprising—

(a) the Prime Minister;

(b) the Speaker;

(c) the Leader of the Opposition;

(d) a nominee of the Prime Minister, who shall

be a Member of Parliament; and

(e) a nominee of the Leader of the Opposition,

who shall be a Member of Parliament:

Provided that, the persons appointed in terms

of sub-paragraphs (d) and (e) above shall be
nominated in such manner as would ensure that
the nominees would belong to communities
which are communities other than those to
which the persons specified in paragraphs (a),
(b) and (c) above, belong.

SCHEDULE I

1. The Election Commission.

2. The Public Service Commission.

3. The National Police Commission.

4. The Human Rights Commission of

Sri Lanka.

5. Commission to Investigate Allegations of

Bribery or Corruption.

6. The Finance Commission.

7. The Delimitation Commission.

4 Eighteenth Amendment to the Constitution

SCHEDULE II
PART I
1. The Chief Justice and the Judges of the
Supreme Court.
2. The President and Judges of the Court
of Appeal.
3. The Members of the Judicial Service
Commission, other than the Chairman.
PART II
1. The Attorney-General.
2. The Auditor-General.
3. The Parliamentary Commissioner for
Administration (Ombudsman).
4. The Secretary-General of Parliament.
(2) The Speaker shall require the Prime
Minister and the Leader of the Opposition to
make such nominations within one week of
the date of the coming into operation of this
Act: provided that if the Prime Minister and
the Leader of the Opposition fails to make such
nominations the Speaker shall proceed to
nominate any Members of Parliament to be
nominees for the purposes of sub-paragraphs
(d) and (e) of paragraph (1), taking into
consideration the criteria specified in the
proviso to paragraph (1) of this Article.
(3) If at the time the President seeks the
observations of the Parliamentary Council as
specified above, the Prime Minister and the Leader
of the Opposition have failed to name the persons
who shall be their nominees in the Council, the
Speaker shall nominate such Members of
Parliament to be nominees for the purposes of sub-
paragraphs (d) and (e) of paragraph (1), taking into
consideration the criteria specified in the proviso
to paragraph (1) of this Article.
Eighteenth Amendment to the Constitution 5

(4) Notwithstanding the provisions of

paragraph (2) of Article 64 of the Constitution,
the Speaker shall for the purposes of this Article,
continue as Speaker on the dissolution of
Parliament, until a Member of Parliament is
elected to be the Speaker under paragraph (1)
of the aforesaid Article. The new Speaker shall
thereupon be a member of the above Council.

(5) Notwithstanding the dissolution of

Parliament, the Leader of the Opposition shall
for the purposes of this Article, continue as
Leader of the Opposition, until such time after
a General Election following such dissolution,
a Member of Parliament is recognized as the
Leader of the Opposition in Parliament. The
new Leader of the Opposition shall thereupon
be a member of the above Council.

(6) Notwithstanding the dissolution of

Parliament, the nominee of the Prime Minister
and the Leader of the Opposition respectively
who are Members of Parliament shall continue
as members until such time after a General
Election following such dissolution, Members
of Parliament are elected to Parliament. The
Prime Minister and the Leader of the
Opposition shall thereupon respectively
nominate two new members of Parliament to
be their nominees in terms of sub-paragraphs
(d) and (e) of paragraph (1) of this Article.

(7) The tenure of the Council constituted

under this Article shall extend for such period
as specified in paragraph (2) of Article 62 and
such tenure shall not be affected by any
prorogation of Parliament in terms of
Article 70 :
6 Eighteenth Amendment to the Constitution

Provided that, the persons appointed as

nominees of the Prime Minister and the Leader
of the Opposition respectively, may during
such tenure be removed by the President or in
the event of an incapacity of such nominee the
President may require the Prime Minister or
Leader of the Opposition, as the case may be,
to nominate another Member of Parliament to
be his nominee in such Council. In such an
event the Member of Parliament nominated to
fill the vacancy created by either removal or
incapacity, as the case may be, shall continue
as a member of such Council only for the
unexpired period of the tenure of the member
for whose vacancy he was nominated.
(8) When the President seeks the
observations of the Council referred to in
paragraph (1) for the purpose of making the
appointments of the Chairman and members
of the Commissions referred to in Schedule I
and the persons to be appointed to the offices
referred to in Part I and Part II of Schedule II to
paragraph (1) of this Article, he shall require
the Council to convey through the Speaker
the observations of the Council, on the persons
proposed by him for such appointments, within
a period of one week from the date of such
communication. If such Council fails to
communicate its observations to him within
the specified period, the President shall
forthwith proceed to make the aforesaid
appointments.
(9) Where the Leader of any recognized
political party represented in Parliament desires
to propose the name of any person for
appointment as Chairman or member of a
Commission referred to in Schedule I to
paragraph (1) of this Article, he may within the
period of one week specified above, forward to
 Eighteenth Amendment to the Constitution 7

the Speaker the name of any person in relation

thereto. The President may take such names into
consideration when making such appointments.

(10) No person appointed to be the Chairman

or member of a Commission referred to in
Schedule I of this Article or any of the persons
appointed to the offices referred to in Part I and
Part II of Schedule II of this Article shall be
removed, otherwise than in the manner
provided for in the Constitution or in any law
enacted for such purpose. Where no such
provision is made, such person shall be
removed by the President.

(11) The procedure to be followed in

obtaining the observations of the persons
specified in sub-paragraph (a), (b), (c), (d) and
(e) to paragraph (1) shall be as determined by
the Speaker.”.

6. Article 52 of the Constitution is hereby amended in Amendment of

paragraph (7) thereof, by the substitution for the words “the Article 52 of the
Constitution.
Constitutional Council, the Public Service Commission” of
the words “the Public Service Commission”.

7. Article 54 of the Constitution is hereby amended as Amendment of

follows:— Article 54 of the
Constitution.
(1) by the repeal of paragraph (1) thereof, and the
substitution therefor of the following:—

“(1) There shall be a Public Service Commission

(in this Chapter referred to as the “Commission”)
which shall consist of not more than nine members
appointed by the President, of whom, not less than
three members shall be persons who have had over
fifteen years experience as public officers. The
President shall appoint one of such members as its
Chairman.”;
 8 Eighteenth Amendment to the Constitution

(2) in paragraph (4) thereof, by the substitution for the

words “removed from office by the President on the
recommendation of the Constitutional Council, or”
the words “removed from office by the President,
or”; and

(3) in paragraph (7) thereof, by the substitution for the

words “for the duration of such period on the
recommendation of the Constitutional Council
appoint” the words “for the duration of such period
appoint”.

Replacement of 8. Article 55 of the Constitution is hereby repealed and

Article 55 of the
the following Article substituted therefor:—
Constitution.
“Powers and 55. (1) The Cabinet of Ministers shall
functions of
the Cabinet
provide for and determine all matters of policy
of Ministers relating to public officers, including policy
and of the relating to appointments, promotions, transfers,
Commission. disciplinary control and dismissal.

(2) The appointment, promotion, transfer,

disciplinary control and dismissal of all Heads
of Department shall, vest in the Cabinet of
Ministers.

(3) Subject to the provisions of the

Constitution, the appointment, promotion,
transfer, disciplinary control and dismissal of
public officers shall be vested in the Public
Service Commission.

(4) The Commission shall not derogate from

the powers and functions of the Provincial
Public Service Commissions as are established
by law.

(5) The Commission shall be responsible

and answerable to Parliament in accordance
with the provisions of the Standing Orders of
 Eighteenth Amendment to the Constitution 9

Parliament for the exercise and discharge of its

powers and functions. The Commission shall
also forward to Parliament in each calendar
year, a report of its activities in respect of such
year.”.

9. Article 56 of the Constitution is hereby amended in Amendment of

paragraph (1) thereof, by the substitution for the words “as Article 56 of the
Constitution.
are specified by the Commission” of the words, “as are
specified by the Cabinet of Ministers”.

10. Article 57 of the Constitution is hereby amended in Amendment of

paragraph (1) thereof, by the substitution for the words “as Article 57 of the
Constitution.
are specified by the Commission” of the words, “as are
specified by the Cabinet of Ministers”.

11. Article 61E of the Constitution is hereby amended Amendment of

Article 61E of
by the repeal of paragraph (b) thereof and the substitution the Constitution.
therefor of the following:—

“(b) the Attorney- General.”.

12. Article 61F of the Constitution is hereby amended Amendment of

Article 61F of
by the omission of the words “a police officer appointed by the Constitution.
the National Police Commission” from the definition of the
expression “public officer”.

13. Article 65 of the Constitution is hereby amended as Amendment of

Article 65 of the
follows:—
Constitution.

(1) in paragraph (1) thereof, by the substitution for the

words and figures “shall, subject to the provisions
of Article 41C, be appointed by the President,” of
the words “shall be appointed by the President”;
and

(2) in paragraph (6) thereof, by the substitution for the

words and figures “President may, subject to the
provisions of Article 41C, appoint a person” of the
words “President may appoint a person”.
 10 Eighteenth Amendment to the Constitution

Amendment of 14. Article 91 of the Constitution is hereby amended in

Article 91 of the
Constitution. paragraph (1) thereof, by the repeal of sub-paragraph (d) (vb)
of such paragraph.

Amendment of 15. Article 92 of the Constitution is hereby amended

Article 92 of the by the repeal of paragraph (c) of such Article.
Constitution.
Amendment of 16. Article 103 of the Constitution is hereby amended
Article 103 of
as follows:—
the Constitution.

(1) in paragraph (1) thereof, by the substitution for the

words:—
(a) “consisting of five members” of the words
“consisting of three members”; and
(b) “The President shall on the recommendation
of the Constitutional Council,” of the words
“The President shall,”; and
(2) in paragraph (7) thereof, “for the period of such leave.
Every such appointment shall be made on the
recommendation of the Constitutional Council.” of
the words “for the period of such leave.”.

Amendment of 17. Article 104B of the Constitution is hereby amended

Article 104 B of as follows:—
the Constitution.
(1) by the insertion immediately after paragraph (4)
thereof, of the following new paragraph:—
“(4a) For the avoidance of doubt it is stated that
any guideline issued by the Commission during
the period commencing on the date of the making
of an Order for the holding of an election or the
date of the making of a Proclamation requiring the
conduct of the Referendum, as the case may be,
shall—
(a) be limited to matters which are directly
connected with the holding of the respective
election or the conduct of the respective
Referendum, as the case may be; and
 Eighteenth Amendment to the Constitution 11

(b) not be connected directly with any matter

relating to the public service or any matter
within the ambit of administration of the
Public Service Commission or the Judicial
Service Commission, as the case may be,
appointed under the Constitution.”; and

(2) in paragraph (5), by the repeal of sub-paragraphs

(b), (c) and (d) thereof and the substitution therefor
of the following paragraph:—

“(b) It shall be the duty of any broadcasting or

telecasting operator or any proprietor or publisher
of a newspaper, as the case may be, to take all
necessary steps to ensure compliance with any
guidelines as are issued to them under paragraph
(a).”.

18. Article 104E of the Constitution is hereby amended Amendment of

Article 104E of
in paragraph (1) thereof, by the substitution for the words
the Constitution.
“who shall, subject to the approval of the Constitutional
Council,” of the words “who shall”.

19. Article 107 of the Constitution is hereby amended Amendment of

Article 107 of
in paragraph (1) thereof, by the substitution for the words
the Constitution.
and figures “shall, subject to the provisions of Article 41 C,
be appointed by the President by Warrant under his hand”
of the words, “shall be appointed by the President by Warrant
under his hand”.

20. Article 109 of the Constitution is hereby amended Amendment of

as follows:— article 109 of
the Constitution.

(1) in paragraph (1) thereof, by the substitution for the

words and figures “the President shall, subject to
the provisions of Article 41C, appoint,” of the words
“the President shall appoint”; and
 12 Eighteenth Amendment to the Constitution

(2) in paragraph (2) thereof, by the substitution for the

words and figures “the President may, subject to
the provisions of Article 41 C, appoint another
person” of the words “ the President may appoint
another person”.

Amendment of 21. Article 111D of the Constitution is hereby amended

Article 111D of
the Constitution.
in paragraph (1) thereof, by the substitution for the words
and figures “appointed by the President subject to the
provisions of Article 41C” of the words “appointed by the
President”.

Amendment of 22. Article 111E of the Constitution is hereby amended

Article 111 E of
the Constitution.
as follows:—

(1) in paragraph (5) thereof, by the substitution for the

words “and may appoint on the recommendation
of the Constitutional Council” of the words “and
may appoint”; and

(2) in paragraph (6) thereof, by the substitution for the

words “may, on the recommendation of the
Constitutional Council”, of the word “may”.

Amendment of 23. Article 153 of the Constitution is hereby amended

Article 153 of
the Constitution. as follows:—

(1) in paragraph (1) thereof, by the substitution for the

words and figures “shall, subject to the provisions
of Article 41C, be appointed by the President,” of
the words “shall be appointed by the President”;
and

(2) in paragraph (4) thereof, by the substitution for the

words and figures “the President may, subject to
the provisions of Article 41C, appoint” of the words
“the President may appoint”.
 Eighteenth Amendment to the Constitution 13

24. Article 154 of the Constitution is hereby amended Amendment of

Article 154 of
in paragraph (1) thereof by the substitution for the words
the Constitution.
“the Public Service Commission” of the words, “the Public
Service Commission, the Provincial Public Service
Commissions”.

25. Article 154R of the Constitution is hereby amended Amendment of

Article 154 R of
in sub-paragraph (c) of paragraph (1) thereof, by the
the Constitution.
substitution for the words “three other members who are
appointed by the President on the recommendation of the
Constitution Council, to represent” of the words “three other
members appointed by the President, to represent”.

26. Article 155A of the Constitution is hereby amended Amendment of

Article 155A of
as follows:—
the Constitution.

(1) by the repeal of paragraph (1) thereof, and the

substitution therefor of the following:—

“(1) There shall be a National Police

Commission (in this Chapter referred to as “the
Commission”) consisting of not more than seven
members appointed by the President. The President
shall appoint one member as the Chairman.”; and

(2) in paragraph (4) thereof, by the substitution for the

words “from office by the President on the
recommendation of the Constitutional Council, or”
of the words “from office by the President, or”.

27. The following new Articles are hereby inserted Insertion of new
immediately after Article 155F of the Constitution and shall Articles 155 FF
and 155FFF in
have effect as Articles 155FF and 155FFF thereof:— the Constitution.

“Powers of 155FF. The Commission shall be empowered

the to entertain and investigate complaints from
Commission
members of the public or any aggrieved person
against a police officer or the police force, and
shall provide redress in accordance with the
 14 Eighteenth Amendment to the Constitution

provisions of any law enacted by Parliament.

For this purpose the Commission may make
rules to establish procedures for entertaining
and investigating complaints from members
of the public or any aggrieved person.

Commission 155FFF. The Commission shall from time to

to make time, make rules for such matters which require
rules.
rules to be made. Every such rule shall be
published in the Gazette.”.

Repeal of Article 28. Article 155G of the Constitution is hereby repealed.

155G of the
Constitution.
Repeal of Article 29. Article 155H of the Constitution is hereby repealed.
155H of the
Constitution.
Repeal of Article 30. Article 155J of the Constitution is hereby repealed.
155J of the
Constitution.
Repeal of Article 31. Article 155K of the Constitution is hereby repealed.
155K of the
Constitution.
Repeal of Article 32. Article 155L of the Constitution is hereby repealed.
155L of the
Constitution.
Replacement of 33. Article 155M of the Constitution is hereby repealed
Article 155M of and the following Article substituted therefor:—
the Constitution.
“Saving of 155 M . All rules and regulations and
exisiting procedures in force on the date of the
rules and
regulation. commencement of this Article relating to police
officers shall be deemed to continue to be
operative, until rules, regulations and
procedures are made hereunder by the Public
Service Commission.”.

Amendment of 34. Article 156 of the Constitution is hereby amended

Article 156 of
the Constitution.
as follows:—

(1) in paragraph (2) thereof, by the substitution for the

words and figures “shall, subject to the provisions
 Eighteenth Amendment to the Constitution 15

of Article 41c, be appointed by the President,” of

the words “shall be appointed by the President”;

(2) in paragraph (5) thereof, by the substitution for the

words and figures “the President shall, subject to
the provisions of Article 41C, appoint” of the words
“the President shall appoint”.

35. Article 170 of the Constitution is hereby amended Amendment of

in the definition of the expression “public officer” by the Article 170 of
the Constitution.
repeal of paragraph (ca) thereof.

36. For the avoidance of doubts it is hereby declared Avoidance of

that:— doubts.

(1) the members of the Judicial Service Commission

established under Article III D of the Constitution
and holding office on the date prior to the
commencement of this Act, shall from and after the
date of the commencement of this Act, continue to
hold office as such members and to exercise and
discharge the powers and functions vested in the
Commission under the Constitution.

(2) the Chief Justice and the other Judges of the

Supreme Court and the President and the other
Judges of the Court of Appeal and the Judges of the
High Court holding office on the date prior to the
commencement of this Act, shall from and after the
date of the commencement of this Act, continue to
hold office and exercise and discharge the powers
and functions vested in them under the
Constitution.

(3) the persons holding office as the Secretary of the

Judicial Service Commission, the Attorney-General,
the Auditor-General, the Inspector-General of
Police, the Parliamentary Commissioner for
Administration (Ombudsman) and the Secretary-
16 Eighteenth Amendment to the Constitution

General of Parliament holding office on the date

prior to the commencement of this Act, shall from
and after the date of the commencement of this Act,
continue to hold office and exercise and discharge
the powers and functions vested in them under the
Constitution.

(4) the person holding office as the Commissioner of

Elections on the date prior to the commencement
of this Act, shall from and after the date of the
commencement of this Act, continue to hold office
and exercise and discharge the powers and functions
vested in him under the Constitution as
Commissioner of Elections until the Election
Commission is constituted in terms of Article 103
and from and after the date of the constitution of
the Election Commission, cease to hold office as
the Commissioner of Elections:

Provided that the President may, if he considers

it expedient to do so or if the exigencies of a
situation so requires it, at any time prior to the
constitution of the Election Commission, appoint
to the office of Commissioner of Elections, a person
holding office as an Additional Commissioner of
Elections or a Deputy Commissioner of Elections
to discharge the functions presently conferred on
the Commission by the Constitution.

(5) all matters pertaining to the appointment,

promotion, transfer, disciplinary control and
dismissal of Police Officers pending before the
National Police Commission established under
Chapter XVIIIA of the Constitution on the date
prior to the commencement of this Act, shall from
and after the date of the commencement of this Act,
be vested in the Public Service Commission and
any appeal made by a police officer pending before
the National Police Commission on the date prior
 Eighteenth Amendment to the Constitution 17

to the commencement of this Act, shall, from and

after the date of the commencement of this Act,
stand transferred to the Public Service Commission
and shall be heard and completed accordingly.

(6) all appointments made in respect of the

Commissions and officers described in the
foregoing sections of this Act, by the Constitutional
Council prior to its repeal during the period
commencing on the day on which the term of the
aforesaid Council expired and the date of the
coming into operation of this Act, shall be deemed
to be valid and effectual.

(7) the staff of the Public Service Commission shall be

members of the public service and be subject to the
rules as are applicable to a public officer in relation
to the rank of such officer.

(8) from and after the appointment of the Election

Commission in terms of the Constitution, the
Department of Elections shall be deemed to be the
staff of such Commission for the purposes of Chapter
XIVA of the Constitution and shall whenever it is
so required for the duration of an election or a
referendum, perform the functions of a Secretariat.

37. In the event of any inconsistency between the Sinhala text to

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.
 18 Eighteenth Amendment to the Constitution

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