Article 82: Constitution of the Constitutional Council
Current Constitutional Text
(1) There shall be a Constitutional Council (in this Chapter referred to as the “Council”) which shall consist of the following members:–
(a) the Prime Minister;
(b) the Speaker;
(c) the Leader of the Opposition in Parliament;
(d) one Member of Parliament appointed by the President;
(e) five persons appointed by the President, upon being nominated as follows:-
(i) one Member of Parliament nominated by agreement of the majority of the Members of Parliament representing the Government;
(ii) one Member of Parliament nominated by agreement of the majority of the Members of Parliament of the political party or independent group to which the Leader of the Opposition belongs; and (iii) three persons nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition; and
(f) one Member of Parliament nominated by agreement of the Members of Parliament other than those representing the Government and those belonging to the political party or independent group to which the Leader of the Opposition belongs, and appointed by the President.
(2) The Speaker shall be the Chairman of the Council.
(3) It shall be the duty of the Speaker to ensure that nominations for appointments under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) are made, whenever an occasion for such nominations arises.
(4) in nominating the five persons referred to in sub-paragraph (e) of paragraph (1), the Prime Minister, the Speaker and the Leader of the Opposition or the Members of Parliament, as the case may be, shall ensure that the Council reflects the pluralistic character of Sri Lankan society, including professional and social diversity.
(5) The persons who are not Members of Parliament to be appointed under sub-paragraph (e) of paragraph (1) shall be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party whose nomination shall be approved by Parliament.
(6) The President shall, within fourteen days of the receipt of a written communication specifying the nominations made under sub-paragraphs (e) and (f) of paragraph (1), make the necessary appointments.
(7) (a) On the dissolution of Parliament, notwithstanding the provisions of paragraph (2) of Article 64, 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 Prime Minister, the Leader of the Opposition and the Members of Parliament who are members of the Council, shall continue to hold office as members of such Council, until such time after a General Election following such dissolution, a Member of Parliament is appointed as the Prime Minister or recognized as the Leader of the Opposition or such number of Members of Parliament are appointed as Members of the Council under sub-paragraphs (d), (e) and (f) of paragraph (1), as the case may be.
(8) (a) The member of the Council appointed under sub-paragraph (d) of Paragraph (1), shall hold office for a period of three years from the date of appointment unless the member earlier resigns his office by writing addressed to the President or is removed from office by the President.
(b) Every member of the Council appointed under sub-paragraphs (e) and (f) of paragraph (1) shall hold office for a period of three years from the date of appointment unless the member earlier resigns his office by writing addressed to the President or is removed from office by the President on a resolution passed by the majority of the Members of Parliament (including those not present) voting in its favour on the grounds of physical or mental incapacity 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.
(9) In the event of there being a vacancy among the members appointed under sub-paragraphs (d), (e) or (f) of paragraph (1), the President shall, within fourteen days 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 hold office during the unexpired part of the period of office of the member whom he succeeds.
(10) A member appointed under sub-paragraph (d), (e) or (f) of paragraph (1), shall not be eligible for re-appointment.
There shall be a Constitutional Council of the Republic of Sri Lanka, which shall be established within one month of the commencement of this Chapter
The Constitutional Council shall consist of the following ten members:
The Prime Minister;
The Speaker of Parliament;
The Leader of the Opposition in Parliament;
One Member of Parliament appointed by the President;
Five persons of eminence and integrity who have distinguished themselves in public or professional life, appointed by the President on the nomination jointly agreed upon by the Prime Minister and the Leader of the Opposition; and
One person of eminence and integrity appointed by the President, on the nomination of agreement of the majority of the Members of Parliament belonging to political parties or independent groups other than those to which the Prime Minister and the Leader of the Opposition not belong.
No person who is a Member of Parliament, other than those specified in paragraphs (2)(a), (b), (c), and (d), shall be a member of the Constitutional Council.
The Speaker shall be the Chairman of the Constitutional Council.