Chapter 6: Referendum, Franchise and Elections

Article 46: Submission of Bills to people by Referendum

i Drafted from public input and research by civic organizations.

Current Constitutional Text

(1) The President shall submit to the People by Referendum every Bill or any provision in any Bill which the Cabinet of Ministers has certified as being intended to be submitted to the People by Referendum, or which the Supreme Court has determined as requiring the approval of the People at a Referendum if the number of votes cast in favour of such Bill amounts to not less than two-thirds of the whole number of Members (including those not present).

[(2) The President may in his discretion submit to the People by Referendum any Bill (not being a Bill for the repeal or amendment of any provision of the Constitution, or for the addition of any provision to the Constitution, or for the repeal and replacement of the Constitution, or which is inconsistent with any provision of the Constitution), which has been rejected by Parliament.]

(3) Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum: Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors.

46.1

Where, in terms of Article 83(3)(1978 constitution), a Bill for the amendment of the Constitution is required to be referred to the People by a referendum, or where the Cabinet of Ministers resolves that any matter of national importance shall be referred to the People, the President shall, by Proclamation published in the Gazette, order that such matter be submitted to the People at a referendum.

46.2

Every referendum shall be conducted by the Election Commission in accordance with such law as may be enacted by Parliament for that purpose, and until such law is enacted, in accordance with the law relating to the election of the President

46.3

A Bill requiring approval by referendum under Article 83(3)(1978 constitution) shall not be submitted to the People until—

(a) it has been passed by a two-thirds majority of the whole number of Members of Parliament; and

(b) the Supreme Court has determined, under Article 120 (1978 constitution) that the Bill seeks to amend a provision forming part of the Basic Structure of the Constitution as defined in Article 83(4)(1978) and therefore complies with the requirement for a referendum.

46.4

The question posed at such a referendum shall be framed to accurately reflect the substance of the proposed amendment to the Constitution, as specified in the Bill passed by Parliament

46.5

The amendment shall be deemed to be approved by the People if it is supported by a majority of the valid votes cast at the referendum, provided that such majority constitutes not less than one-third of the total number of electors whose names appear in the register of electors for the time being in force in every Province.

46.6

pon the certification by the Election Commission that the amendment has been approved at the referendum, the President shall endorse the Bill and cause it to be published in the Gazette as an Act of Parliament. The amendment shall come into force on the date of such publication or on such later date as may be specified in the Act.

46.7

Where a Bill for the amendment of the Constitution is rejected by the People at a referendum, no Bill containing substantially the same proposal for amendment shall be presented to Parliament for a period of five years from the date of the declaration of the result of that referendum.

Article 47: Right to be an elector

i Drafted from public input and research by civic organizations.

47.1

Every citizen of Sri Lanka who has attained the age of eighteen years shall, unless disqualified as hereinafter provided, be entitled to vote at the election of the President of the Republic and of the Members of Parliament, and at any Referendum.

47.2

The State shall take all necessary measures, through the Election Commission and the Department for the Registration of Persons, to ensure that every citizen qualifying under paragraph (1) is registered as an elector. The right to vote shall not be denied solely by reason of an administrative delay in registration, and the law shall provide for appropriate remedial mechanisms to guarantee this fundamental right.

Article 48: Delimitation of Constituencies and the Electoral System

i Drafted from public input and research by civic organizations.

48.1

The system for the election of Members of Parliament shall be based on proportional representation, the specific mechanism of which shall be determined by law.

48.2

For the purpose of electing Members of Parliament, the President shall, by Order published in the Gazette, establish— (a) a number of multi-member electoral districts, the boundaries of which shall be the same as the boundaries of the Provinces; and (b) a number of single-member electoral districts, the boundaries of which shall be determined in accordance with the Delimitation Commission Act.

48.3

The total number of Members of Parliament to be elected shall be apportioned between the multi-member electoral districts (proportional representation seats) and the single-member electoral districts (constituency seats) according to a national ratio, which shall be seventy per cent to thirty per cent (70:30), respectively, or such other ratio as may be determined by a two-thirds majority of Parliament and approved by the People at a referendum.

48.4

The law shall specify the method for allocating seats from the proportional representation lists to ensure the overall result of the election reflects, as closely as possible, the proportion of votes received by each political party or independent group

Article 49: Multi-Member Constituencies and By-Elections

i Drafted from public input and research by civic organizations.

49.1

For the purposes of an election in a multi-member electoral district, every elector shall have one vote, which shall be cast for a recognized political party or an independent group.

49.2

Where a seat allocated from a proportional representation list becomes vacant, such vacancy shall be filled by the nominee whose name appears next in order of priority on the same list from which the vacating member was elected.

49.3

Where a seat for a single-member electoral district becomes vacant, the President shall, by Gazette under his hand, order the holding of a by-election to fill such vacancy.

Article 50: Promotion of Youth and Female Representation

i Drafted from public input and research by civic organizations.

Parliament shall, by law, establish a fair and equitable system to ensure the adequate representation of youth and women in all elected legislative bodies, including Parliament, Provincial Councils, and local authorities. Such law may prescribe—

(a) mandatory quotas for candidates on nomination lists submitted by political parties and independent groups;

(b) incentives for political parties that achieve such representation; and

(c) any other mechanism to foster inclusive and representative governance

Article 51: Synchronized National Elections

i Drafted from public input and research by civic organizations.

It shall be the constitutional duty of the President, the Election Commission, and all public authorities to ensure, as far as is practicable, that the dates for the election of Members of Parliament, Members of Provincial Councils, and members of local authorities are synchronized to minimize disruption to public life, reduce election-related expenditure, and encourage greater voter participation.

Article 52: Constitutional Role and Regulation of Political Parties

i Drafted from public input and research by civic organizations.

52.1

Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organization, management, and activities must conform to democratic principles, transparency, and the rule of law.

52.2

The aims and actions of political parties must respect the sovereignty of the people, the unitary state, and the free democratic basic order of the Republic. Parties which, by reason of their aims or the behaviour of their adherents, seek to impair or destroy the democratic and republican nature of the State, or to endanger its territorial integrity and sovereignty, shall be unconstitutional.

52.3

Any question relating to the unconstitutionality of a political party shall be determined by the Supreme Court upon an application made to it by the Attorney-General or by any party affected. The Supreme Court may, upon such determination, order the dissolution of such party and the forfeiture of its assets.

Article 53: Registration of Political Parties

i Drafted from public input and research by civic organizations.

53.1

Every political party seeking recognition from the Election Commission for the purpose of contesting elections shall be required to register its name with the Election Commission in accordance with the procedure determined by law.

53.2

An application for registration under paragraph (1) shall be accompanied by— (a) the constitution and manifesto of the party, which must affirm its commitment to the unitary state, sovereignty of the people, and democratic principles; (b) the names, addresses, and citizenship details of its office-bearers and members of its executive committee; (c) the details of the sources of its funds and its assets; and (d) an audited statement of its accounts for the preceding year, if applicable.

53.3

No law, arrangement, or decision which allows for the participation or involvement of only a single political party or persons having a single political ideology in the elections or political system of the country shall be permitted.

Article 54: Financial Accountability of Political Parties

i Drafted from public input and research by civic organizations.

54.1

Political parties shall publicly account, in an annual statement submitted to the Election Commission and published in the Gazette, for all their assets and for the sources and use of their funds and donations.

54.2

Parliament shall by law provide for—

(a) limits on election and campaign expenditure by political parties and candidates;

(b) the disclosure of substantial donations;

(c) the prohibition of donations from foreign governments, state-owned enterprises, and unlawful sources; and

(d) the granting of public funds to registered political parties in proportion to their representation in Parliament, to support their democratic functions.

Article 55: Disqualification to be an elector

i Drafted from public input and research by civic organizations.

Current Constitutional Text

No person shall be qualified to be an elector at an election of the President, or of the Members of Parliament or to vote at any Referendum, if he is subject to any of the following disqualifications, namely –

(a) if he is not a citizen of Sri Lanka;

(b) if he has not attained the age of eighteen years on the qualifying date specified by law under the provisions of Article 101;

(c) if he is under any law in force in Sri Lanka found or declared to be of unsound mind;

(d) if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence:

provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted;

(e) if a period of seven years has not elapsed since -

(i) the last of the dates, if any, of his being convicted of any offence under section 52(1) or 53 of the Ceylon (Parliamentary Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to an offence under either of the said two sections;

(ii) the last of the dates, if any, of his being convicted of a corrupt practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to the said corrupt practice;

(iii) the last of the dates, if any, being a date after the commencement of the Constitution, of a report made by a Judge finding him guilty of any corrupt practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or under any law for the time being relating to Referenda or to the election of the President or of Members of Parliament;

(iv) the last of the dates, if any, of his being convicted or found guilty of bribery under the provisions of the Bribery Act or of any future law as would correspond to the Bribery Act;

(f) if a period of five years has not elapsed since -

(i) the last of the dates, if any, of his being convicted of any offence under the provisions of sections 77 to 82 (both inclusive) of the Local Authorities Elections Ordinance or for such offence under any future law as would correspond to any offence under the said sections; or

(ii) the last of the dates, if any, of his being convicted of an offence under the provisions of sections 2 and 3 of the Public Bodies (Prevention of Corruption) Ordinance or of such offence under any future law as would correspond to the said offence;

(g) if a period of three years has not elapsed since -

(i) the last of the dates, if any, of his being convicted of an illegal practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or of such offence under the law for the time being relating to Referenda or to the election of the President or of Members of Parliament as would correspond to the said illegal practice;

(ii) The last of the dates, if any, being a date after the commencement of the Constitution, of a report made by a Judge finding him guilty of any illegal practice under the Ceylon (Parliamentary Elections) Order in Council, 1946, or under any law for the time being relating to Referenda or to the election of the President or of Members of Parliament;

(h) if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81, and the period of such civic disability specified in such resolution has not expired;

(i) if a period of seven years has not elapsed since -

(i) the date of his being convicted of any offence under the provisions of sections 188 to 201 (both inclusive) of the Penal Code or for such other offence under any future law as would correspond to any offence under the said sections; or

(ii) the date of his being convicted of an offence of contempt against, or in disrespect of, the authority of any Special Presidential Commission of Inquiry consisting of such member or members specified in Article 81 by reason of –

(1) the failure of such person, without cause which in the opinion of such Commission is reasonable, to appear before such Commission at the time and place mentioned in any summons which such Commission is empowered by law to issue; or

(2) the refusal of such person to be sworn or affirmed, or the refusal or failure of such person, without cause which in the opinion of such Commission is reasonable, to answer any question put to such person touching the matters directed to be inquired into by such Commission; or

(3) the refusal or failure of such person, without cause which in the opinion of such Commission is reasonable, to produce and show to such Commission any document or thing which is in the possession or power of such person and which in the opinion of such Commission is necessary for arriving at the truth of the matters to be inquired into by such Commission.

Chapter 6: Referendum, Franchise and Elections

Article 46: Submission of Bills to people by Referendum

Current Constitutional Text

Article 47: Right to be an elector

Current Constitutional Text

Article 48: Delimitation of Constituencies and the Electoral System

Current Constitutional Text

Article 49: Multi-Member Constituencies and By-Elections

Current Constitutional Text

Article 50: Promotion of Youth and Female Representation

Current Constitutional Text

Article 51: Synchronized National Elections

Current Constitutional Text

Article 52: Constitutional Role and Regulation of Political Parties

Current Constitutional Text

Article 53: Registration of Political Parties

Current Constitutional Text

Article 54: Financial Accountability of Political Parties

Current Constitutional Text

Article 55: Disqualification to be an elector

Current Constitutional Text

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