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Chapter 5: Legislature

These sections define the structure, powers, procedures, membership, privileges, law-making authority, and constitutional amendment process of Parliament, outlining how Members are elected, how Parliament functions, and how laws or constitutional changes become valid.

Article 38: Parliament

i Drafted from public input and research by civic organizations.

38.1

There shall be a Parliament which shall consist of two hundred and twenty-five Members elected in accordance with the provisions of the Constitution.

38.2

Unless Parliament is sooner dissolved, every Parliament shall continue for five years from the date appointed for its first meeting and no longer, and the expiry of the said period of five years shall operate as a dissolution of Parliament.

Article 39: Vacation of Seat

i Drafted from public input and research by civic organizations.

  1. upon his death;

  2. If, by a writing under his hand addressed to the Secretary-General of Parliament, he resigns his seat;

  3. upon his assuming the office of President consequent to his election to such office, either by the People or by Parliament;

  4. if he becomes subject to any disqualification specified in Article 89 or 91;

  5. if he becomes a member of the Public Service or an employee of a public corporation or, being a member of the Public Service or an employee of a public corporation, does not cease to be a member of such Service or an employee of such corporation, before he sits in Parliament

  6. if, without the leave of Parliament first obtained, he absents himself from the sittings of Parliament during a continuous period of three months;

  7. if his election as a Member is declared void under the law in force for the time being;

  8. upon the dissolution of Parliament;

  9. upon being subject to a criminal conviction by a court of law for any offence punishable with imprisonment for a term of not less than two years, from the date of such conviction or, where an appeal is lodged, from the date of the final appellate court decision affirming the conviction; Provided that the President may, in his discretion, having regard to all the circumstances of the case, suspend the operation of this paragraph pending the final determination of any appeal.

Article 40: Declaration of Assets and Liabilities

i Drafted from public input and research by civic organizations.

40.1

Every elected Member of Parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation for taking his seat in Parliament, furnish a declaration of assets and liabilities relating to— (a) the movable and immovable property of which he, his spouse, and his dependent children are jointly or severally owners or beneficiaries; (b) his liabilities to any public financial institution; and (c) his liabilities to the Government of Sri Lanka, any Provincial Council, or any local authority

40.2

The declaration under paragraph (1) shall be furnished to the Secretary-General of Parliament in such form and manner as may be prescribed by law or by Standing Orders of Parliament.

40.3

The failure to furnish the declaration as required under this Article, or the furnishing of a false declaration, shall be deemed a breach of the privileges of Parliament and may be dealt with accordingly, in addition to any penalties prescribed by law.

Article 41: THE SECOND CHAMBER

i Drafted from public input and research by civic organizations.

41.1

There shall be a Second Chamber of the Legislature, which shall be named the Senate.

41.2

The Senate shall consist of members appointed on the basis of the proportion of votes obtained by recognized political parties and independent groups at a General Election of Members of Parliament, and such number of members appointed by the President on the advice of the Prime Minister and Opposition Leader to represent unrepresented interests.

41.3

The necessity for, and the detailed composition, powers, functions, and procedure of, the Senate shall be determined by law, provided that such law shall take into consideration the representation of provinces and other national interests.

Article 42: Legislative Power

i Drafted from public input and research by civic organizations.

42.1

The legislative power of the People shall be exercised by Parliament, subject to the provisions of Articles 3, 4, and 4A of the Constitution, and shall include the power to repeal, amend, or add to the Constitution, or any other law, in accordance with the provisions herein.

42.2

The supremacy of Parliament in the exercise of legislative power is hereby affirmed, provided that such supremacy is exercised in a manner consistent with, and not in derogation of, the unitary state, the sovereignty of the People, and the fundamental rights and principles of governance enshrined in this Constitution.

Article 43: Parliamentary Oversight Committees and Deliberative Democracy

i Drafted from public input and research by civic organizations.

43.1

The Speaker shall, by Standing Order, establish specialized Parliamentary Oversight Committees to scrutinize and oversee the performance, administration, and service delivery of all public officials, departments, and statutory bodies.

43.2

Such Committees shall be empowered to— (a) summon any public official or any person holding public office to appear before it and to produce any document or record; (b) receive petitions and representations from citizens; and (c) engage and consult with independent experts, professionals, and representatives of civil society in its deliberations, to ensure informed and inclusive scrutiny (Deliberative Democracy).

Article 44: Special Legislative Procedure for Certain Laws

i Drafted from public input and research by civic organizations.

Notwithstanding anything to the contrary in the Standing Orders, any Bill which, in the opinion of the Speaker, substantially relates to the rights of any religious community or ethnic minority, or to language rights, shall be subject to the following procedure in addition to the normal legislative process:

a. The Bill shall be referred, upon its second reading, to a Special Committee of Parliament which shall include representation from all recognized political parties and independent groups in Parliament.

b. The Bill shall not be put to a vote on the third reading unless—

  1. in a unicameral legislature, it receives the assent of at least one-half of the members of Parliament belonging to the religious or ethnic community to which the Bill principally relates, where such members constitute a recognized group in Parliament; or

  2. in a bicameral legislature, it is approved by a simple majority of the Second Chamber, provided that such approval includes a simple majority of the members of the Second Chamber representing the province or community principally affected by the Bill.

Article 45: AMENDMENT OF THE CONSTITUTION

i Drafted from public input and research by civic organizations.

45.1
(1) No Bill for the amendment of any provision of the Constitution shall be placed on the Order Paper of Parliament unless the provision to be repealed, altered or added, and the consequential amendments, if any, are expressly specified in the Bill and is described in the long title thereof as an Act for the amendment of the Constitution.
45.2
The passing of a Bill for the amendment of the Constitution shall be in accordance with the provisions of Article 82.
45.3
Notwithstanding the provisions of paragraph (2), no Bill for the amendment of any of the provisions specified in this paragraph shall become law unless such Bill has been referred to the People by referendum and approved by a majority of the valid votes cast at such referendum, in addition to being approved by a two-thirds majority of the whole number of Members of Parliament (including those not present). The provisions which shall require approval by referendum are— (a) Article 1 (The State); (b) Article 2 (Unitary State); (c) Article 3 (Sovereignty of the People); (d) Article 4 (Fundamental Rights and Freedoms); (e) Article 4A (Democratic Socialist Republic); and (f) Any other provision which forms part of the Basic Structure of the Constitution, as determined by the Supreme Court in terms of Article 120.
45.4
The "Basic Structure of the Constitution" shall include, but not be limited to, the principles of the unitary state, sovereignty of the People, republicanism, democracy, the separation of powers, the independence of the judiciary, and the supremacy of the Constitution. No amendment which seeks to alter, repeal, or replace this Basic Structure shall be valid unless it has been approved by the People at a referendum.

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