PM presents motion to convert parliament into a Constitutional Assembly

Jan 09, 2016 (LBO) – Sri Lanka’s Prime Minister Ranil Wickremesinghe on Saturday presented the motion in Parliament to enact a new constitution by converting parliament into a Constitutional Assembly.









A special Parliament session is also to be held next Tuesday to seek approval to convert parliament into a constitutional assembly.

The motion presented by the Prime Minister is reproduced below. Hon. Ranil Wickremesinghe Hon. Nimal Siripala de Silva Hon. Lakshman Kiriella Hon. Rauff Hakeem Hon. Malik Samarawickrama Hon. D. M. Swaminathan Hon. (Dr.) Wijeyadasa Rajapakshe Hon. Patali Champika Ranawaka,— Resolution for the appointment of the Constitutional Assembly,— WHEREAS there is broad agreement among the People of Sri Lanka that it is necessary to enact a new Constitution for Sri Lanka; AND WHEREAS the People have at the Presidential Election held on 08th January, 2015 given a clear mandate for establishing a political culture that respects the rule of law and strengthens democracy; AND WHEREAS His Excellency Maithripala Sirisena, President of the Democratic Socialist Republic of Sri Lanka has clearly expressed his desire to give effect to the will of the People expressed at the aforesaid Presidential Election by enacting a new Constitution that, inter alia, abolishing the Executive Presidency; AND WHEREAS it has become necessary to enact a new Constitution that, inter alia, abolishes the Executive Presidency, ensures a fair and representative Electoral System which eliminates preferential voting, strengthens the democratic rights of all citizens, provides a Constitutional Resolution of the national issue, promotes national reconciliation, establishes a political culture that respects the rule of law, guarantees to the People’s fundamental rights and freedom that assure human dignity and promotes responsible and accountable government. That this Parliament Resolves that — 1. There shall be a Committee of Parliament hereinafter referred to as the 'Constitutional Assembly' which shall consist of all Members of Parliament, for the purpose of deliberating, and seeking the views and advice of the People, on a new Constitution for Sri Lanka, and preparing a draft of a Constitution Bill for the consideration of Parliament in the exercise of its powers under Article 75 of the Constitution. 2. The Hon. Speaker of Parliament shall be the Chairman of the Constitutional Assembly. There shall be seven (7) Deputy Chairmen of the Constitutional Assembly, who shall be elected by the Constitutional Assembly. In the absence of the Hon. Speaker, the Constitutional Assembly shall elect one of the Deputy Chairmen to chair the sittings of the Assembly. 3. The quorum for meetings of the Constitutional Assembly shall be twenty (20).







4. There shall be— (a) Constitutional Advisors to the Constitutional Assembly; (b) A Legal Secretary to the Constitutional Assembly and assistants to such Legal Secretary; (c) Staff for the purpose of recording the proceedings of the Constitutional Assembly and the Committees referred to in Clause 5; and (d) Media (including Social Media) Staff of the Constitutional Assembly. The Media Staff shall set up and maintain a website and use other appropriate media, towards giving due publicity to the process for the adoption of a new Constitution for Sri Lanka. The Media Staff shall ensure that the proceedings of the Constitutional Assembly and its Committees, as well as public representations / submissions are documented and published on such website along with such other relevant expert or technical opinions. 5. There shall be the following Sub-Committees of the Constitutional Assembly:— (a) A Steering Committee consisting of the Prime Minister (Chairman), Leader of the House of Parliament, Leader of the Opposition, the Minister of Justice, and not more than seventeen (17) other Members of the Constitutional Assembly to be appointed by the Constitutional Assembly. The Steering Committee shall be responsible for the business of the Constitutional Assembly and for preparing a Draft of a new Constitution for Sri Lanka. (b) Such other Sub-Committees, consisting of Members of the Constitutional Assembly, which may be appointed by the Constitutional Assembly. Provided that each such Sub-Committee shall comprise of not more than eleven (11) Members. The Chairman of each Sub-Committee shall be appointed by the Steering Committee. 6. The Constitutional Assembly shall at its first sitting— (a) elect the Deputy Chairmen; (b) determine the Sub-Committees referred to in Clause 5(b); and (c) elect Members to the Sub-Committees referred to in Clause 5. 7. The Prime Minister shall, at the first meeting of the Constitutional Assembly, present a Resolution for adoption by the Constitutional Assembly, calling upon the Steering Committee to present a Resolution proposing a Draft Constitution for the consideration of the Constitutional Assembly, prior to its submission to the Cabinet of Ministers and Parliament. 8. The Constitutional Assembly is hereby authorised to conduct its sittings in the Chamber of Parliament, Provided that the Constitutional Assembly may resolve to sit at any other specified location outside the Western Province. Provided further that the presentation of papers, moving of resolutions and voting on any matter shall only take place in the Chamber of Parliament. 9. The Steering Committee may seek the services of any institution which services are necessary for the carrying out of the objects of the Constitutional Assembly or any Committee thereof. 10. The Steering Committee may appoint other experts to aid and advise the Constitutional Assembly and / or its various Sub-Committees. 11. The proceedings of the Constitutional Assembly shall be open to the public. The proceedings of the Constitutional Assembly and its Sub-Committees shall be documented and published forthwith. Where appropriate, the Constitutional Assembly shall take steps to ensure the broadcast of the proceedings of the Constitutional Assembly and / or its Sub-Committees. For the avoidance of doubt it is hereby specifically resolved that the special leave of Parliament is specifically granted in terms of Section 17 of Parliament (Powers and Privileges) Act for the publication of the aforesaid matters. For the avoidance of doubt it is further resolved that the proceedings of the Constitutional Assembly and the Sub-Committees referred to in Clause 5 shall be deemed to have been reported to Parliament simultaneously, and that the publication of any such proceedings, which publication is hereby specifically authorized, shall not constitute an offence in terms of Parliament (Powers and Privileges) Act. 12. The Constitutional Assembly shall have the power to invite any person for consultation and / or to make submissions before the Constitutional Assembly. 13. The Constitutional Assembly shall also have the power to invite any member of the Public Representations Committee for consultation and / or to make submissions and / or to report on the findings of the Public Representations Committee. 14. Subject to the provisions hereof, the Constitutional Assembly is hereby authorized to determine the procedure and mechanisms to be adopted in the conduct of its business: Provided that such determination shall be made pursuant to a Resolution moved by the Prime Minister with the concurrence of the Steering Committee. Notwithstanding anything to the contrary in the Standing Orders of Parliament, the rules of procedure of the Constitutional Assembly and its Sub-Committees shall be as set out in this Resolution. 15. Notice of the business of the Constitutional Assembly shall be given by the Prime Minister, such other Minister of the Cabinet nominated from time to time for such purpose by the Prime Minister, upon approval thereof by the Steering Committee. 16. The Sub-Committees referred to in Clause 5(b) shall submit their reports to the Steering Committee within ten (10) weeks of the appointment of each such Sub- Committee. 17. Upon the consideration of the Reports of the Sub-Committees appointed under Clause 5(b), and the report of the Public Representations Committee, the Steering Committee shall submit a Report to the Constitutional Assembly. Such Report may be accompanied by a Draft Constitution. 18. The Constitutional Assembly shall thereafter debate the general merits and principles of the Report and the Draft Constitution (if applicable), and may also debate proposed amendments. At the end of such debate the question that “the Steering Committee be required to submit a final report and a Resolution on a Draft Constitution” shall be put to the Constitutional Assembly by the Chair. 19. The Steering Committee shall thereafter, considering the amendments, if any, proposed during the debate, submit a Final Report and a Resolution containing a Draft Constitution for the consideration of the Constitutional Assembly. The Prime Minister shall move that such Final Report and the Resolution containing the Draft Constitution be approved by the Constitutional Assembly. 20. The following procedure shall be adopted during the debate referred to in Clause 18:— The Chairman or in his absence one of the Deputy Chairmen shall read the number of each Clause in succession. (i) Any amendment may be made to a Clause, or Clauses may be deleted or new Clauses may be added. (ii) The principle of the Draft Constitution shall not be discussed during this stage of the debate but only its details. (iii) No amendment can be proposed inconsistent with any decision come to upon any previous part of the Draft Constitution. (iv) After a Draft Constitution has been read through, and prior to the conclusion of the debate on the Draft, any Member may, with leave of the Chairman, move an amendment of any Clause already passed. (v) A Clause may be postponed, unless upon an amendment thereto a question shall have been fully put from the Chair. (vi) Postponed Clauses shall be considered after the remaining Clauses of the Draft Constitution have been considered and before new Clauses are brought in. (vii) New Clauses may be offered before the Schedules to the Draft Constitution are considered and shall be deemed to have been read the first time. The questions which follow thereupon shall be “That the Clause be read a second time” and “That the Clause (or the Clause as amended) be added to the Draft”. (viii) New Schedules may be offered after the Schedules to the Draft Constitution have been disposed of and shall be treated in the same manner as new Clauses. (ix) When every Clause and Schedule and proposed new Clause or Schedule have been dealt with, the Preamble, if there be one, shall be considered and a question put “That this be the Preamble of the Draft ”. (x) If any amendment be necessary to the title of the Draft Constitution, it shall be made at the conclusion of the proceedings detailed above. 21. The provisions of Standing Order Nos.









42, 43 and 44 of the Parliament shall mutatis mutandis apply to the proceedings of the Constitutional Assembly. 22. If two-thirds of the Constitutional Assembly does not approve the resolution on the Draft Constitution, the Constitutional Assembly and the Committees referred to in this Resolution shall stand dissolved. 23. If the Constitutional Assembly approves the Resolution on the Draft Constitution by a two-thirds majority, the Report and the Draft Constitution shall be submitted by the Steering Committee to the Cabinet of Ministers, and thereupon the Constitutional Assembly and the Sub-Committees referred to in this Resolution shall stand dissolved. 24. The Cabinet of Ministers shall certify the Bill contained in such Report as a Bill to repeal and replace the Constitution as a whole in terms of Article 75(b) and Article 120(b) of the Constitution and that such Bill is intended to be passed with the special majority required by Article 83 of the Constitution and submitted to the People by Referendum. 25. The Bill shall thereafter be published in the Gazette as required by Article 78(1) of the Constitution. 26. The President shall thereafter refer the Bill to every Provincial Council, for the expression of the views of every such Council, as required by Article 154G(2) of the Constitution. 27. The Prime Minister shall thereafter present such Bill to Parliament and such Bill shall be placed on the Order Paper of Parliament. 28. After the presentation of such Bill to Parliament as aforesaid the Prime Minister shall move that the Bill be passed by Parliament by a special majority required under Article 83 of the Constitution. If not less than two-thirds of the whole number of the Members of Parliament vote in favour of the said Bill, the Speaker shall make an appropriate certification in terms of Article 79 of the Constitution, that the Bill has been duly passed by Parliament by a special majority, and that the Bill shall not become law until approved at a Referendum by the People in whom the sovereignty of Sri Lanka vests. 29. Thereafter the Bill shall be submitted by the President in terms of Article 85(1) of the Constitution, to the People by Referendum for their approval. 30. If the Bill is approved by the People at a Referendum, the Bill shall become law upon the President certifying the Bill in terms of Article 80(2) of the Constitution. 31. The expenses of the Constitutional Assembly, the Sub-Committees referred to in Clause 5, and the staff and advisors appointed in terms of this Resolution, shall be charged on the Consolidated Fund, and Parliament shall take appropriate steps in respect of same in terms of Article 150 of the Constitution. 32. For the avoidance of doubt, it is hereby declared that the adoption or rejection or adoption subject to amendment of such a Draft Constitution as proposed by the Constitutional Assembly, shall be the responsibility of Parliament. 33. For the avoidance of doubt, it is hereby further declared that a Constitution Bill shall only be enacted into law if it is passed in Parliament by a special majority of two-thirds of the whole number of the Members of Parliament, including those not present and subsequently approved by the people at a Referendum as required by Article 83 of the Constitution.