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Chapter 11: Checks & Balances

Independent oversight bodies and accountability mechanisms

Article 82: Establishment and Composition of the Constitutional Council

i Drafted from public input and research by civic organizations.

82.1
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
82.2
The Constitutional Council shall consist of the following ten members: (a) The Prime Minister; (b) The Speaker of Parliament; (c) The Leader of the Opposition in Parliament; (d) One Member of Parliament appointed by the President; (e) 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 (f) 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 belong.
82.3
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. (4) The Speaker shall be the Chairman of the Constitutional Council.

Article 83: Functions of the Constitutional Council

i Drafted from public input and research by civic organizations.

83.1
The Constitutional Council shall have the power to recommend or approve the appointment of persons to the offices specified in the Schedule to this Chapter, which shall include, but not be limited to: (a) The Chairmen and members of all Independent Commissions established by the Constitution or by law; (b) The Auditor-General; (c) The Secretary-General of Parliament; (d) The Ombudsman; (e) The members of the Supreme Court, the Court of Appeal, and the Constitutional Court.
83.2
No person shall be appointed to any office specified in the Schedule by the President or any other authority unless such appointment has been approved by the Constitutional Council.
83.3
The Constitutional Council shall ensure that all appointments are made on the basis of merit, integrity, and independence, and without regard to political affiliation.

Article 84: The Attorney General

i Drafted from public input and research by civic organizations.

84.1
There shall be an Attorney-General of the Republic who shall be appointed by the President on the recommendation of the Constitutional Council
84.2
No person shall be appointed as Attorney-General unless he or she is qualified to be appointed as a Judge of the Supreme Court.
84.3
The Attorney-General shall be the chief legal adviser to the Government, the head of the public prosecution service, and an Officer of the Court. He or she shall hold office during good behaviour and shall not be removed except on the grounds of proved misbehaviour or incapacity, following an address of Parliament supported by a majority of its members and upon the recommendation of the Constitutional Council.
84.4
It shall be the duty of the Attorney-General to give opinions and advice on constitutional and legal matters to the Government, the President, and the Parliament.
84.5
The Attorney-General shall have the sole authority to— (a) institute and conduct criminal proceedings on behalf of the State; (b) take over and continue any criminal proceedings instituted by any other person or authority; and (c) discontinue, at any stage before judgment is delivered, any criminal proceedings instituted or conducted by himself or any other person or authority.
84.6
The Attorney-General shall exercise these powers independently, impartially, and without fear, favour, or prejudice, subject only to the Constitution and the law. In the performance of these core prosecutorial functions, the Attorney-General shall not be subject to the direction or control of any other person or authority.
84.7
The Attorney-General may, with the concurrence of the Minister of Justice and after consulting the relevant authorities, determine prosecution policy and issue binding policy directives to be observed in the prosecution process.

Article 85: Independent Commissions

i Drafted from public input and research by civic organizations.

In addition to the Commissions specified in21st Amendment(1978 Constitution), the following new Independent Commissions are hereby established:

(a) The National Judicial Council;

(b) The National Equality Commission;

(c) The National Commission for Women and Children;

(d) The National Land Commission; and

(e) The National Council of Provincial Governments.

Article 86: The National Judicial Council

i Drafted from public input and research by civic organizations.

The National Judicial Council shall be responsible for matters relating to the appointment, promotion, transfer, disciplinary control, and dismissal of judicial officers below the rank of Judge of the Court of Appeal, and for making recommendations on the improvement of the administration of justice.

The Council shall consist of:

(a) The Chief Justice (Chairperson);

(b) The President of the Court of Appeal;

(c) The Attorney-General;

(d) The Chairman of the Judicial Service Commission;

(e) One Judge of the Supreme Court elected by the Judges of the Supreme Court; and

(f) Two senior legal practitioners of at least twenty years' standing, appointed by the President on the recommendation of the Constitutional Council.

Article 87: The National Equality Commission

i Drafted from public input and research by civic organizations.

The National Equality Commission shall be responsible for promoting respect for, and the realisation of, the constitutional rights of equality and non-discrimination.

The Commission shall have the power to—

(a) investigate and resolve complaints regarding discrimination on any ground, including race, religion, language, caste, sex, political opinion, or place of birth;

(b) promote reconciliation, tolerance, and social cohesion; and

(c) review existing legislation and recommend new legislation to combat discrimination and promote equality.

Article 88: The National Commission for Women and Children

i Drafted from public input and research by civic organizations.

The National Commission for Women and Children shall be responsible for monitoring the implementation of laws and policies affecting women and children, and for promoting their rights, welfare, and development.

The Commission shall have the power to investigate complaints, advise the Government, and undertake research and advocacy on issues pertaining to women and children.

Article 89: The National Land Commission

i Drafted from public input and research by civic organizations.

The National Land Commission, established in accordance with Article 164, shall be responsible for formulating a National Land Policy, advising on the equitable use and distribution of state land, and resolving disputes relating to land use between the Centre and the Provinces.

The Commission shall consist of representatives of the Central Government, all Provincial Councils, and independent experts in land use, agriculture, and environmental management.

Article 90: The National Council of Provincial Governments

i Drafted from public input and research by civic organizations.

The National Council of Provincial Governments shall serve as a permanent forum for consultation and cooperation between the Central Government and the Provincial Councils on matters of national interest affecting the Provinces.

The Council shall consist of the Prime Minister (Chairperson), the Minister of Provincial Councils, all Chief Ministers, and a representative of the Local Government authorities.

The Council shall meet regularly to discuss and make recommendations on national policy, fiscal devolution, and legislation pertaining to Provincial and Local Government.

Article 91: Offices Requiring Recommendation or Approval of the Constitutional Council

i Drafted from public input and research by civic organizations.

1. Judges of the Supreme Court

2. Judges of the Court of Appeal

3. Judges of the Constitutional Court

4. Attorney-General

5. Auditor-General

6. Inspector-General of Police

7. Ombudsman

8. Secretary-General of Parliament

9. Members of the Election Commission

10. Members of the Public Service Commission

11. Members of the National Police Commission

12. Members of the Audit Service Commission

13. Members of the Human Rights Commission of Sri Lanka

14. Members of the Commission to Investigate Allegations of Bribery or Corruption

15. Members of the Finance Commission

16. Members of the Delimitation Commission

17. Members of the National Procurement Commission

18. Members of the National Judicial Council

19. Members of the National Equality Commission

20. Members of the National Commission for Women and Children

21. Members of the National Land Commission

22. Members of the National Council of Provincial Governments

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