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Chapter 6: Referendum, Franchise and Elections

This chapter outlines the democratic mechanisms through which the people participate directly and indirectly in governing Sri Lanka. It covers three key areas: Referenda, Franchise, and Elections.

Article 46: Submission of Bills to people by Referendum

i Drafted from public input and research by civic organizations.

46.1
Where, in terms of Article 83(3), 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) 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), 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.
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 Warrant under his hand, order the holding of a by-election to fill such vacancy, unless such vacancy occurs within the six months preceding the date on which Parliament will, in any event, stand dissolved.

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
i

Explanation

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.

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