The present Constitutional Council was introduced by the Twenty First Amendment to the Constitution of the Democratic Socialist Republic of Sri Lanka, which was endorsed on 31st of October 2022.
The composition of the Constitutional Council (hereinafter also referred to as the Council) as per the Article 41A is as follows.
As per the Article 41A (2) of the Constitution, the Speaker shall be the Chairman of the Council. The Constitution specifies the process to be followed in appointing the Members to the Council under each of the above categories. In nominating the five persons referred to in sub-paragraph (e) above, the Prime Minister, Speaker and the Leader of the Opposition or the Members of Parliament shall ensure that the composition of the Council reflects the pluralistic character of Sri Lankan society, including professional and social diversity.
The persons who are not Members of Parliament to be appointed under subparagraph (e) above shall be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Those nominations shall be approved by Parliament.
The term of non-ex-officio members of the Council is three years from the date of appointment.
In keeping with the provisions laid down in the Constitution, the present members of the Constitutional Council were appointed as follows:-
The Hon President appointed the Hon. Vijitha Herath, M. P. as per the Article 41A(1)(d) of the Constitution.
The Hon President appointed the Hon. Sagara Kariyawasam, Attorney at Law, M. P., on the nomination of the Hon Prime Minister with the agreement of the majority of the Members of Parliament representing the Government, as per the Article 41A(1)(e)(i) of the Constitution.
The Hon President appointed the Hon. Kabir Hashim, M. P. on the nomination of the Hon Leader of the Opposition in Parliament with the agreement of the majority of the Members of the Parliament of the political party or independent group to which the Leader of the Opposition belongs, as per the Article 41A(1)(e)(ii) of the Constitution.
Dr. Prathap Ramanujam, Dr. (Mrs) Dilkushi Anula Wijesundere and Dr. (Mrs) Dinesha Samararatne were appointed as the three persons who are not Members of Parliament. The aforesaid names were approved by Parliament on 18.01.2023 in keeping with the provisions of the Article 41A (5) of the Constitution and on the nomination of the Hon Speaker as per the Article 41A (1)(e)(iii) of the Constitution, the Hon President appointed the aforesaid persons as members of the Council.
Accordingly, the present composition of the Constitutional Council is as follows:-
The appointment of the Member of Parliament under the provisions of the Article 41 A (1) (f) is yet to be made.
The Constitutional Council is entrusted with duties under the Constitution, as well as by other Laws.
1. Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to the Article 41B of the Constitution.
Commissions specified in the Schedule to the Article 41B:-
2. Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to the Article 41C of the Constitution.
Offices specified in the Schedule to the Article 41C:-
The Article 41G (2) of the Constitution provides for the Council to perform and discharge such other duties and functions as may be imposed or assigned to the Council by the Constitution or by any other written law.
The following Laws include provisions calling upon the Constitutional Council to carry out duties as specified therein:-
The Council shall submit to the President and the Parliament a report of its activities during the preceding three months, once in every three months.
The Council is empowered to make rules relating to the performance and discharge of its duties and functions. All such rules shall be published in the Gazette and be placed before Parliament within three months of such publication.
As per the Article 41E of the Constitution, the Council shall meet at least twice every month, and may meet as often as may be necessary.
The Chairman shall preside at all meetings of the Council and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition shall preside at the meetings of the Council.
The quorum for any meeting of the Council shall be five members. The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision and in the absence of a unanimous decision, no recommendation, approval or decision made by the Council shall be valid, unless supported by not less than five members of the Council present at such meeting. The Chairman or the other member presiding shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the Council, the Chairman or other member presiding at such meeting, shall have a casting vote.
The Procedure in regard to meetings of the Council and the transaction of business at such meetings shall be determined by the Council, including procedures to be followed in regard to the recommendation or approval of persons suitable for any appointment under Article 41B or Article 41C.
The Secretary-General to the Council shall be appointed by the Council for a term of three (03) years.
The Council may appoint such officers as it considers necessary for the discharge of its functions on such terms and conditions as may be determined by the Council.
Mr W. B. D Dasanayake is the incumbent Secretary-General to the Constitutional Council.
Member
Member
Member
Member
Member
Dr. Prathap Ramanujam
Member
Dr. (Mrs) Dilkushi Anula Wijesundere
Member
Dr. (Mrs) Dinesha Samararatne
Member
Handbook of Parliament
The System of Elections in Sri Lanka
How Parliament Works
Business of Parliament
Copyright © The Parliament of Sri Lanka.
All Rights Reserved.
Design & Developed by TekGeeks
