Sri Lanka

Constitution of the Democratic Socialist Republic of Sri Lanka (1978, last amended 2013)

Updated: June 2015

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Article 88 states:

Every person shall, unless disqualified as hereinafter provided, be qualified to be an elector at the election of the President and of the Members of Parliament or to vote at any Referendum: Provided that no such person shall be entitled to vote unless his name is entered in the appropriate register of electors.

 

Article 89 states:

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...

 

Article 93 states:

The voting for the election of the President of the Republic and of the Members of Parliament and at any Referendum shall be free, equal and by secret ballot.

 

Excerpts from the Constitution of the Democratic Socialist Republic of Sri Lanka (1978, last amended 2013)

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Article 37, section 2 states:

If the Chief Justice in consultation with the Speaker is of the opinion that the President is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office and is unable to make an appointment in terms of paragraph (1) of this Article, he shall communicate in writing his opinion to the Speaker and thereupon the Prime Minister shall exercise, perform and discharge the powers, duties and functions of the office of President during such period and shall appoint one of the Ministers of the Cabinet to act in the office of Prime Minister during such period, notwithstanding the absence of such appointment as is provided for in paragraph (1) of this Article : Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall exercise, perform and discharge the powers, duties and functions of the office of President during such period.

 

Article 38, section 2 states:

(a) Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity...

(e) Where the Supreme Court reports to Parliament that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, as the case may be, Parliament may by a resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour remove the President from office.

 

Article 65, section 5 states:

The office of the Secretary-General shall become vacant:

(d) on his removal by the President on account of ill health or physical or mental infirmity...

 

Article 89 states:

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...

 

Article 91, section 1 states:

No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament:

(a) if he is or becomes subject to any of the disqualifications specified in Article 89...

 

Article 104E, section 7 states:

The office of the Commissioner-General of Elections shall become vacant:

(d) on his removal by the Commission on account of ill health or physical or mental infirmity;

(e) on his removal by the Commission on the presentation of an address of Parliament in compliance with the provisions of paragraph (8), for such removal on the ground of proved misbehaviour or incapacity.

 

Excerpts from the Constitution of the Democratic Socialist Republic of Sri Lanka (1978, last amended 2013)

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Article 12 states:

(1) All persons are equal before the law and are entitled to the equal protection of the law...

(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons.

 

Excerpt from the Constitution of the Democratic Socialist Republic of Sri Lanka (1978, last amended 2013)

 

 


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Article 37, section 1 states:

If the President is of the opinion that by reason of illness, absence from Sri Lanka or any other cause he will be unable to exercise, perform and discharge the powers, duties and functions of his office, he may appoint the Prime Minister to exercise, perform and discharge the powers, duties and functions of the office of President during such period and may also appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister during such period : Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the President may appoint the Speaker to exercise, perform and discharge the powers, duties and functions of the office of president during such period.

 

Article 37, section 2 states:

If the Chief Justice in consultation with the Speaker is of the opinion that the President is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office and is unable to make an appointment in terms of paragraph (1) of this Article, he shall communicate in writing his opinion to the Speaker and thereupon the Prime Minister shall exercise, perform and discharge the powers, duties and functions of the office of President during such period and shall appoint one of the Ministers of the Cabinet to act in the office of Prime Minister during such period, notwithstanding the absence of such appointment as is provided for in paragraph (1) of this Article : Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the Speaker shall exercise, perform and discharge the powers, duties and functions of the office of President during such period.

 

Article 38, section 2 states:

(a) Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity...

(e) Where the Supreme Court reports to Parliament that in its opinion the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of any of the other allegations contained in such resolution, as the case may be, Parliament may by a resolution passed by not less than two-thirds of the whole number of Members (including those not present) voting in its favour remove the President from office.

 

Article 65, section 5 states:

The office of the Secretary-General shall become vacant:...(d) on his removal by the President on account of ill health or physical or mental infirmity...

 

Article 90 states:

Every person who is qualified to be an elector shall be qualified to be elected as a Member of Parliament unless he is disqualified under the provisions of Article 91.

 

Article 91, section 1 states:

No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament: (a) if he is or becomes subject to any of the disqualifications specified in Article 89...

 

Article 92 states:

Every person who is qualified to be an elector shall be qualified to be elected to the office of President...

 

Excerpts from the Constitution of the Democratic Socialist Republic of Sri Lanka (1978, last amended 2013)