Constitution of Sri Lanka/Second Amendment

by The Government of Sri Lanka

Section 1 Short title

1. This Act may be cited as the Second Amendment to the Constitution.

Section 2 Amendment of Article 161 of the constitution

2. Article 161 of the Constitution of the Democratic Socialist Republic of Sri Lanka is hereby amended by the' repeal of sub-paragraph (ii) of paragraph (d) of that Article and the substitution therefor, of the following new sub-paragraph:- "

(ii) Where during the duration of the First Parliament, a Member ceases, by resignation, expulsion or other wise, to be a member of the recognized political party to which he belonged upon or after the commencement of the Constitution, the Secretary. of such party shall, within two weeks of the date on which such Member 80 ceased to be a member of such party, communicate, in writing to the secretary-General of Parliament, the fact and date thereof. The Secretary-General shall upon receipt of such communication, submit it. to the Speaker.

Section 3 Retrospective effect of section 2 and savings & c.

3. The provisions of section 2 of this Act shall be deemed for all purposes, to have come into force upon the commencement of the Constitution, and accordingly , -

(a) the seat of a Member of Parliament shall be deemed never to have become vacant by reason of the operation of the provisions of the Constitution which are repealed by the provisions of section 2 of this Act:

(b) where at the hearing in any court or tribunal, of any application, suit or other proceeding, whether instituted before or after the commencement of this. Act, any question arises as to whether the seat of a Member of Parliament has become vacant by reason of such Member having ceased, by resignation, expulsion or otherwise, to be a member of the recognized political party to which he belonged upon the commencement of the Constitution, such question and any other question relating to the application of Article 161 (d) (ii) shall be determined in accordance with Article 161 (d) (ii) of the Constitution as amended by section 2 of this Act;

(c) where a Member of Parliament has ceased, prior to the date of commencement of this Act, to be member of the recognized political party to which he belonged upon the commencement of the Constitution, a communication relating thereto made, within two weeks of the date of commencement of this Act, to the Secretary-General of Parliament by the Secretary of such party, shall be deemed to be a communication made in compliance with Article 161 (d) (ii) of the Constitution as amended by section 2 of this Act; and

(d) where a Member of Parliament. has been expelled, prior to the date of commencement of this Act, from the recognized political, party to which he belonged upon the, commencement Constitution, .an application made by such Member, within one month of the date of commencement of this Act, to the Supreme Court for a determination that such expulsion was invalid, shall be deemed to be an application made In" compliance with Article 181 (d) (ii) of the Constitution as amended by section 2 of this Act.