Introduction to the Web-version of the Constitution

 

Content Map of 1978 Constitution

 

1978 Constitution without amendments  [PDF Format]

 

Seventeenth Amendment

 

Constitutional Reforms

 

2000 August Draft Constitution Bill

THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

 

AMENDMENTS TO THE 1978 CONSTITUTION

(Amendments displayed as footnotes: Chapter I to NINTH SCHEDULE)

 

Chapter I

1. Substituted by Seventh Amendment to the Constitution Sec. 2 (a) and the first Schedule for "‘Twenty four”.

2. Substituted by Seventh Amendment to the Constitution Sec. 2 (b) for “territorial waters”.

 

Chapter II

[No amendments]

 

Chapter III

[No amendments]

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Chapter IV

3. Renumbered as para (1) of Article 18 by the Thirteenth Amendment to the Constitution Sec. 2 (a)

4. Added by the Thirteenth Amendment to the Constitution Sec. 2 (b)

5. Substituted by Sixteenth Amendment to the Constitution Sec. 2 (1) for “or a member of a local authority”.

6. Substituted by Sixteenth Amendment to the Constitution Sec. 2 (2) for “or in such local authority”.

7. Original Article 22 replaced by the Sixteenth Amendment to the Constitution Sec. 3.

8. Original Article 23 replaced by the Sixteenth Amendment to the Constitution Sec. 3.

9. Original para (1) repealed and substituted by the Sixteenth Amendment to the Constitution Sec. 4 (1).

10. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (2) for “in either of the National Language”.

11. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (3) (a) for “the appropriate National Language”.

12. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (3) (b) for “either of the National Languages”.

13. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (4) for “the use of a Language other than a National Language”.

14. Inserted by the Sixteenth Amendment Sec. 5

 

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Chapter V

[No amendments]

 

Chapter VI

[No amendments]

 

Chapter  VII

15. Inserted by the Third Amendment to the Constitution Sec. 2 (1)

16. Original para (4) repealed and substituted by the Third Amendment to the Constitution Sec. 2 (2)

17. Inserted by the Eighth Amendment to the Constitution Sec. 2.

18. Substituted by the Fourteenth Amendment to the Constitution Sec. (2) for “relating to the election of the President”.

19. Substituted by the Third Amendment to the Constitution Sec. (3) for “One month”.

 

Chapter VIII

[No amendments]

 

Chapter IX

[No amendments]

Chapter X

20. Original Article 62 (1) repealed and substituted by the Fourteenth Amendment to the Constitution Sec. 2.

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Chapter XI

21. Substituted by the Fourteenth Amendment to the Constitution Sec. (4) for “duly approved by the People at a Referendum”.

 

Chapter XII

[No amendments]

 

Chapter XIII

[No amendments]

 

Chapter XIV

22. Substituted for (vii), (viii), (ix), (x) by the Ninth Amendment Sec. (2).

23. Substituted by the Seventh Amendment to the Constitution Sec. (3) for “Twenty-four”.

24. 96A Inserted by the Fourteenth Amendment to the Constitution, Sec 5, and repealed by the Fifteenth Amendment to the Constitution Sec. 2.

25. Amended by the Fourteenth Amendment to the Constitution, Sec (b), and by the Fifteenth Amendment to the Constitution Sec. (3).

26. Original Article 99 repealed and replaced by the Fourteenth Amendment to the Constitution, Sec (7).

27. Substituted by the Fifteenth Amendment to the Constitution Sec. 4 (1) for “less than one eighth of the total votes”.

28. (14) repealed by the Fifteenth Amendment to the Constitution Sec. 4 (2).

29. Inserted by the Fourteenth Amendment to the Constitution Sec. 8.

30. Inserted by the Fifteenth Amendment to the Constitution Sec. 5.

31. Substituted by the Sixth Amendment to the Constitution Sec. 3 for “by election or otherwise..”

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Chapter XV

32. Original para (1) repealed and substituted by the Eleventh Amendment to the Constitution Sec. 2.

33. Inserted by the Seventh Amendment to the Constitution Sec. 4.

34. Substituted by the Eleventh Amendment to the Constitution Sec. 3, for “the appointment of judicial officers.”

35. Inserted by the Eleventh Amendment to the Constitution Sec. 4.

36. Substituted by the Eleventh Amendment to the Constitution Sec. 5 (1) for “the power to make all transfers.”

37. Substituted by the Eleventh Amendment to the Constitution Sec. 5 (2), for “the Registrar of the Court of Appeal, the Registrar of any Court of First Instance.”

 

Chapter XVI

38. Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (3), for “election petitions.”

39. Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (1), for “election of the President.”

40. Substituted by the Fourteenth Amendment to the Constitution Sec. 9 (2), for “election of the President shall be.”

41. Words “and the appointment of senior attorneys-at-law.” Omitted by the Eighth Amendment to the Constitution Sec. 3.

42. Substituted by the Thirteenth Amendment to the Constitution Sec. 3 (a), for “committed by any Court of First Instance.”

43. Substituted by the Thirteenth Amendment to the Constitution Sec. 3 (b), for “of which such Court of First Instance.”

44. Inserted by the First Amendment to the Constitution Sec. 2 w.e.f. Sept, 7th 1978.

45. Original para (2) repealed and substituted by the Eleventh Amendment to the Constitution Sec. 6.

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Chapter XVII

[No amendments]

 

Chapter XVIIA

46. Chapter XVIIA Articles 154A to 154T inserted by the Thirteenth Amendment to the Constitution Sec. 4.

 

Chapter XVIII

47. Inserted by the Thirteenth Amendment to the Constitution Sec. 5.

48. Paras (8) and (9) repealed by the Tenth Amendment to the Constitution Sec. 2 (1).

49. Paras (10) and (11) renumbered as (8) and (9) by the Tenth Amendment to the Constitution Sec. 2 (2).

50. Substituted by the Tenth Amendment to the Constitution Sec. 2 (3) for “contained in paragraph (6), (7), (8) of this Article.”

 

Chapter XIX

[No amendments]

 

Chapter XX

51. Inserted by the Sixth Amendment to the Constitution Sec. 3.

 

Chapter XXI

52. Substituted by the Third Amendment to the Constitution Sec. 4, for “shall hold office.”

53. Original para (ii) repealed and substituted by the Second Amendment to the Constitution Sec. 2.

54. Substituted by the Sixth Amendment to the Constitution Sec. 4 (1), for “to fill such vacancy. Upon receipt of such nomination, the Commissioner.”

55. Added by the Fifth Amendment to the Constitution Sec. 2 (d).

56. Substituted by the Sixth Amendment to the Constitution Sec. 4 (2)(a) for "within thirty days of his  being required to do so."

57. Substituted by the Sixth Amendment to the Constitution Sec. 4 (2) (d), for “vacancy, then the Commissioner of Elections.”

58. Added by the Sixth Amendment to the Constitution sec. 4(3).

59. Original para (e) repealed and substituted by the Fourth Amendment to the Constitution Sec. 2.

60. Inserted by the Eighth Amendment to the Constitution Sec. 4.

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Chapter XXII

61. Substituted by the Thirteenth Amendment to the Constitution Sec. 6, for “and includes orders.”  

 

Chapter XXIII

[No amendments]

 

Chapter XXIV

[No amendments]

 

FIRST SCHEDULE

62. Inserted by the Seventh Amendment Sec. 5.

 

SECOND SCHEDULE

[No amendments]

 

THIRD SCHEDULE

[No amendments]

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FOURTH SCHEDULE

[No amendments]

 

FIFTH SCHEDULE

63. Substituted by the Eleventh Amendment to the Constitution Sec. 7 for “Fiscals.”

 

SIXTH SCHEDULE

[No amendments]

 

SEVENTH SCHEDULE

64. Substituted by the Sixth Amendment to the Constitution Sec. 5.

 

EIGHTH SCHEDULE

65. Added by the Thirteenth Amendment to the Constitution Sec. 7.

 

NINTH SCHEDULE

66. Added by the Thirteenth Amendment to the Constitution Sec. 7.

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First Amendment to the Constitution

Certified on:          20.11.1978

Objectives:

Amendment to Article 140 – to make provisions that Jurisdiction conferred on the Court of Appeal shall be exercised by the Supreme Court and not by the Court of Appeal.

 

Second Amendment to the Constitution

Certified on:          26.02.1979

Objectives:

Amendment of section 161 – regarding resignation and expulsion of Members of the First Parliament.

 

Third Amendment to the Constitution

Certified on:          27.08.1982

Objectives:

Amendments of Articles 31, 38 and 160 – to make provision for the President to seek a fresh mandate to continue in office for a second term at any time after the completion of 4 years of the term of the term of office; to reduce the period of one month to two weeks to minimise the delay in the transition to a new administration; the period in which the first President can hold office.

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Fourth Amendment to the Constitution

Certified on:          23.12.1982

Objectives:

Amendment of Article 161 - to make provision for the first Parliament to continue until August 04, 1989.

 

Fifth Amendment to the Constitution

Certified on:          25.22.1983

Objectives:

Amendment of Article 161 - Re vacancies in the first Parliament; By-Election to be held if the Secretary of the Political Party failed to nominate a Member.

 

Sixth Amendment to the Constitution

Certified on:          08.08.1983

Objectives:

Amendment of Articles 101 and 161 – Addition of Seventh Schedule;

Insertion of Article 157A – prohibition against violation of territorial integrity of Sri Lanka.

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Seventh Amendment to the Constitution

Certified on:          04.10.1983

Objectives:

Amendment of Articles 5, 96 and First Schedule – Creation of Kilinochchi Administrative District (25th);

Insertion of Article 111A – Appointment of the Commissioners of the High Court.

 

Eighth Amendment to the Constitution

Certified on:          06.03.1984

Objectives:

Amendment of Articles 33 and 136 – To vest in the President the power of appointment of Senior Attorneys-at-Law as President’s Counsel;

Insertion of Article 169A; Provisions relating to Queen’s Counsel and Senior Attorneys-at-Law.

 

Ninth Amendment to the Constitution

Certified on:          24.01.1984

Objectives:

Amendment of Article 91 – To adjust the salary scale matters in regard to political rights of public servants.

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Tenth Amendment to the Constitution

Certified on:          06.08.1986

Objectives:

Amendment of Section 155 - To repeal paragraphs (8) and (9) – To remove the requirement of a two-third majority for a Proclamation on the Public Security Ordinance.

 

Eleventh Amendment to the Constitution

Certified on:          06.05.1987

Objectives:

Amendment of Articles 111, 112, 114, 146 and Fifth Schedule;

Insertion of Article 113A – To enable Parliament to vest in the High Court any jurisdiction and powers in addition to its present criminal jurisdiction;

To empower Judicial Services Commission to make rules in respect of scheduled public officers as well;

To make provision for the purpose of

(a) having a single post designated ‘Fiscal’; and

(b) empowering the Fiscal to exercise supervision and control over the Deputy Fiscals attached to all Courts of First Instance, who will hereafter carry out the functions in the respective Courts on his behalf;

To restrict the power of delegation to its Secretary to transfers in respect of scheduled public officers only;

To reduce the number of judges who shall constitute each Bench, so that it will be possible to constitute more Benches to enable the more expeditious disposal of cases.

 

Twelfth Amendment to the Constitution

(Not enacted)

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Thirteenth Amendment to the Constitution

Certified on:          14.11.1987

Objectives:

To make provisions for the establishment of a Provincial Council for each Province; for the establishment of a High Court for each Province; and to make Tamil an official language and English the link language.

 

Fourteenth Amendment to the Constitution

Certified on:          24.05.1988

Objectives:

Amendments of Articles 35, 62, 80, 98, 130;

Insertion of Articles 96A, 99A;

Replacement of Article 99 – To remove the inability imposed by the immunity of the President in regard to hearing of election petitions;

To increase the membership of the Parliament from 196 to 225, where the additional 29 Members will be elected in proportion to the national total of district votes received by each party;

To provide for a time period within which a Referendum Petition can be filed;

To provide for a Delimitation Commission to re-carve Electoral Districts into Zones;

To retain the 12 ½ percent cut-off point in electoral district and bonus seats;

To provide for proportional representation.

 

Fifteenth Amendment to the Constitution

Certified on:          17.12.1988

Objectives:

Repeal of Article 96A;

Amendment of Articles 98, 99 and 99A –

to reduce the cut-off point acceptable in proportional representation system from 12 ½ percent to 5 percent;

to eliminate zoning and re-introduction of the Electoral District.

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Sixteenth Amendment to the Constitution

Certified on:          17.12.1988

Objectives:

Amendment of Articles 20 and 24 – to include “Members of Provincial Councils” and the “Provincial Councils” in Article 20;

To make Sinhala and Tamil, the languages of Courts;

Replacement of Articles 22 and 23 – to make Sinhala and Tamil, the languages of administration;

Insertion of Article 25A; to make provision that this Chapter to prevail in the event of any inconsistency of provisions of any law.

Seventeenth Amendment to the Constitution

Certified on:          03.10.2001

 

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  I II III IV V VI VII VIII IX X

Chapters

XI XII XIII XIV XV XVI XVII XVIIA XVIII XIX
  XX XXI XXII XXIII XXIV    

Schedules

1st 2nd 3rd 4th 5th 6th 7th 8th 9th  

 

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