Chapter XV: The Devolution of Power to Regions

Establishment of Regional Councils

Article 127

1. A Regional Council shall be established for every Region specified in Part B of the First Schedule with effect from such date as the President shall appoint by Order published in the Gazette.

   (a) The President shall, by Order published in the Gazette, require a Referendum to be held in the Administrative Districts of Trincomalee and Batticaloa, and fix a date therefore, to enable the electors of such Districts to decide on the question whether or not such Districts and the Administrative Districts of Jaffna, Kilinochchi, Vavuniya, Mannar and Mullaitivu should form one Region to be designated the North Eastern Region. (b) Where at such Referendum the question -

   (i) is answered in the affirmative by a majority of the valid votes cast, a Regional Council shall be established for the North-Eastern Region specified in part C of the First Schedule with effect from such date as the President shall appoint by Order published in the Gazette;.

(ii) is not answered in the affirmative, two separate Regional Councils shall be established for the Northern Region and the Eastern Region as specified respectively in part D of the First Schedule with effect from such dates as the President shall appoint by Order published in the Gazette.

3. Where a Regional Council is to be established for the North-Eastern Region in terms of sub paragraph (b) (i) of paragraph 2, a Regional Council shall be established for the South Eastern Region specified in part C of the First Schedule from such date as the President shall appoint by Order published in the Gazette.
4. (a) Where a Regional Council for the North Eastern Region is to be established in terms of sub-paragraph (b) (i) of paragraph 2, the President shall, by Order published in the Gazette, require a Referendum to be held in the polling division of Ampara and fix a date therefore to enable the electors of such division to decide on the question whether or not such division should form a separate Region to be designated the Region of Ampara. (b) Where at such Referendum the question -

(i) is answered in the affirmative by a majority of the valid votes cast, such polling division shall form the Region of Ampara as specified in part E of the First Schedule and for which a Regional Council shall be established with effect from such date as the President shall appoint by Order published in the Gazette.

(ii) is not answered in the affirmative, the polling division of Ampara shall form part of the Uva Region specified in part B of the First Schedule and for which a Regional Council shall be established with effect from such date as the President shall appoint by Order published in the Gazette and, until such Order is made, the polling division of Ampara shall be administered by the Central Government and the provisions of the Constitution relating to the Capital Territory shall, mutatis mutandis, apply.

5. The legislative and executive power of the Central Government shall extend to all subjects and functions set out in List II of the Second Schedule in respect of the Capital Territory specified in part A of the First Schedule which shall not form part of any Region for which a Regional Council is established under this Article.
6. For the purposes of Article 2 and this Article, the boundaries and areas of the Administrative Districts, polling Division and Municipalities referred to in this Article and in the First Schedule shall be those established by or under any written law and in force at the Commencement of the Constitution.
7. (a) The holding of the referenda provided for in this Article shall be deemed to be valid notwithstanding any inconsistency with the provisions of Chapter XII. (b) Parliament shall by law provide for all matters relating to such referenda and, until Parliament so provides, the provisions of the Referendum Act No. 7 of 1981 shall, mutatis mutandis, apply.

Election of Members

Article 128

Every Regional Council established under Article 127 shall be constituted upon the members of such Council being elected in accordance with the law relating to Regional Council elections.

Governor

Article 129

1. There shall be a Governor for each Region for which a Regional Council has been established in accordance with Article 127.
2. The Governor shall be appointed by the President on the advice of the Chief Minister of the Region.
3. The Governor may, by writing addressed to the President, resign from the office of Governor.
4. (a) A Regional Council may, subject to sub-paragraph (b) of this paragraph, present an address to the President advising the removal of the Governor on the ground that the Governor -

(i) has intentionally violated the provisions of the Constitution;

(ii) is guilty of misconduct or corruption involving the abuse of power of the office of Governor; or

(iii) is guilty of bribery or an offence involving moral turpitude,

if a resolution for the presentation of such address is passed by an absolute majority of the whole number of members of the Council (including those not present) voting in its favour.

(b) A resolution for the presentation of an address for the President advising the removal of the Governor on the grounds referred to in sub-paragraph (a) of this paragraph shall not be entertained by the Speaker of the Regional Council or discussed at the Council, unless notice of such resolution is signed by not less than one third of the whole number of members.

5. Whenever the Governor is prevented by illness or any other cause from performing the duties of the office of Governor, or is absent from Sri Lanka, the Chief Judge of the High Court of that Region shall act in the office of the Governor.
6. Subject to the provisions of this Article, the Governor shall hold office for a period of five years from the date the Governor assumes office.
7. Every person appointed as Governor shall assume office upon making and subscribing the affirmation or taking and subscribing the oath, set out in the Fifth Schedule, before the President.
8. Upon the assumption of office, a Governor shall cease to hold any other office created or recognised by the Constitution and if the Governor is a member of Parliament or a Member of a Regional Council, shall vacate the seat in Parliament or in the Regional Council, as the case may be, and shall not hold any other office or place of profit.
9. (a) The Governor may from time to time summon a Regional Council to meet for the first sitting of any session at such time and place as the Governor thinks fit, but two months shall not intervene between the last sitting in one session and the date appointed for the first sitting of the next session. (b) The Governor may, from time to time, prorogue the Regional Council. (c) The Governor may dissolve the Regional Council. (d) Subject to the provisions of the Constitution, the Governor shall exercise the power under sub-paragraph (c) of this paragraph in accordance with the advice of the Chief Minister, as long as the Board of Ministers commands the support of the majority of the Regional Council.
10. (a) The Government of a Region shall have the power to grant pardon to any person convicted of an offence against a Statute made by the Regional Council of that Region to a law made by Parliament on a matter in respect of which the Regional Council has power to make statutes, or to grant a respite or remission of punishment imposed by court on any such person. (b) The Governor shall exercise the power under this paragraph in consultation with a Committee consisting of the Speaker of the Regional Council, the Chief Judge of the Regional High Court or any other Judge of the Regional High Court nominated by such Chief Judge and the Regional Attorney-General. (c) The Governor shall not exercise the powers under this paragraph where power has been exercised by the President under Article 59 in respect of the same person and in respect of the same offence.
11. The Governor may address the Regional Council and may for that purpose require the attendance of members.
12. Parliament shall by law or resolution make provision for the salary and allowances payable to holders of the office of Governor.

Executive Powers of the Region

Article 130

1. The executive power of the Region shall relate to the matters with respect to which a Regional Council has power to make statutes, shall be vested in the Governor, acting on the advice of the Chief Minister and the Board of Ministers, and shall be exercised in relation to specific subjects and functions through the Ministers and the respective Executive Committees either directly or through subordinate officers, in accordance with this Chapter.
2. (a) All contracts made in the exercise of the executive powers of a Regional Council shall be expressly made in the name of the Governor of the Region, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the Governor by such persons and in such manner as the Governor may direct or authorise. (b) The Governor shall not be personally liable in respect of any contract or assurance made or executed for the purposes of this Article nor shall any person making any such contract or assurance on behalf of the Governor be personally liable in respect thereof.

Interpretation of written law on matters enumerated in the Regional List

Article 131

1. Where any power or function including the power to make any Order, Proclamation, Notification, regulation or rule, is conferred on, or assigned to a Minister of the Cabinet of Ministers or to a national public officer, as the case may be, by any written law made prior to the commencement of the Constitution on any matter enumerated in List II of the Second Schedule (hereinafter referred to as the Regional List), such power or function may - (a) if such power or function is conferred on, or assigned to, any such Minister, be exercised or discharged, in relation to a Region and unless the context otherwise requires, by the Minister of the Board of Ministers of that Region to whom the subject has been assigned; and accordingly, references in every such written law to a Minister of the Cabinet of Ministers shall be deemed to include references to the Minister of the Board of Ministers of such Region to whom the function has been assigned and (b) if such power or function is conferred on, or assigned to, a national public officer, be exercised or discharged, in relation to a Region and unless the context otherwise requires, by the officer of the Regional Public Service holding an office corresponding to the office held by such national public officer; and accordingly, references in every such written law to a national public officer shall be deemed to include a reference to the officer of the Regional Public Service who holds an office corresponding to the office held by such national public officer.
2. Where any such written law referred to in paragraph (1) of this Article makes provision - (a) for any Order, Proclamation, Notification, regulation or rule made under that law to be laid before Parliament; or (b) for the annulment or approval of any such Order, Proclamation, Notification, regulation or rule, by Parliament. Such provision shall have effect in relation to a Region as if references in it to Parliament were a reference to the Regional Council established for that Region.
3. The provisions of paragraphs 1 and 2 of this Article shall apply, mutatis mutandis, to statutes of the corresponding Provincial Councils established by the 1978 Constitution and in force at the commencement of the Constitution.

Membership of a Regional Council

Article 132

A Regional Council shall consist of such number of members as may be determined by or under law, one half of whom shall be elected on a territorial basis and the other half on the basis of proportional representation.

Term of Office

Article 133

A Regional Council shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting, and the expiry of the said period of five years shall operate as the dissolution of the Council.

Board of Ministers

Article 134

1. There shall be a Board of Ministers with the Chief Minister as the Head of the Board and such number of Ministers in respect of each Region as is specified in Column III of the First Schedule, to aid and advise the Governor of the Region in the discharge of the functions of the Governor and the Governor shall, in the discharge of those functions, act in accordance with such advice except in so far as the Governor is by or under the Constitution required to discharge the functions or any of them in the Governor's discretion.
2. (a) The Governor, and in the case of the first Regional Council elected after the commencement of the Constitution, the President shall, subject to sub-paragraph (b) of this paragraph, appoint as Chief Minister, the member of the Regional Council established for that Region who is best able to command the support of a majority of the members of that Council. (b) Where more than one half of the members elected to a Regional Council are members of one political party or independent group, the Governor or the President, as the case may be, shall appoint the leader of that party or group in the Council as Chief Minister.
3. After the conclusion of an election of members of a Regional Council, the Commissioner of Elections shall forthwith apportion the number of Ministers among the recognised political parties and independent groups contesting the election and which have informed the Commissioner of Elections that they wish to participate in the Board of Ministers, in the same proportion as the proportion which the number of valid votes polled by each such party or group at the election held on the basis of proportional representation bears to the total number of valid votes polled by all such parties and groups at such election and for the purposes of such apportionment, the provisions of paragraphs 4, 5 and 6 and of Article 116 shall mutatis mutandis apply.
4. (a) The Commissioner of Elections shall forthwith after such apportionment inform the Secretaries of the relevant parties and leaders of the respective groups the number of Ministers apportioned to each such party or group and the Secretary or leader, as the case may be, shall within forty-eight hours of receiving such information, inform the Commissioner of Elections the name or names of members to be appointed as Ministers. (b) The Commissioner of Elections shall forthwith inform the Governor of such names. (c) Any vacancy arising as result of a Minister ceasing to hold office shall be filled in accordance with the provisions of this paragraph.
5. Where any political party or independent group as aforesaid fails to make a nomination of a member as a Minister within the period specified in paragraph 4 of this Article or does not fill a vacancy in the Board of Ministers to which such party or group is entitled within a period of seven days of such vacancy occurring it shall be deemed that such party or independent group does not wish to participate in the Board of Ministers and the Commissioner shall reapportion the number of Ministers and the provisions of paragraphs 3 and 4 of this Article shall, mutatis mutandis, apply.
6. (a) The Chief Minister shall, in consultation with the members so nominated assign subjects and functions to such members who shall thereupon be appointed Ministers by the Governor. (b) The Ministers appointed by the Governor shall constitute the Board of Ministers together with the Chief Minister and shall be responsible and answerable to the Regional Council.
7. A person appointed to the office of Chief Minister or member of the Board of Ministers shall not enter upon the duties of the office of Chief Minister or Minister of the Board of Ministers until such person makes and subscribes the affirmation or takes and subscribes the oath set out in the Fifth Schedule.
8. (a) Upon the death or resignation of the Chief Minister or where the Chief Minister is deemed to have resigned, the Board of Ministers shall stand dissolved, and the Governor shall, subject to sub-paragraph (b) of this paragraph, appoint a Chief Minister and a Board of Ministers in accordance with the provisions of this Article. (b) Where it is not possible to make an appointment in accordance with the provisions of paragraph 3 of this Article, the Governor shall dissolve the Council. (c) If the Regional Council rejects the statement of policy of the Regional Administration or the draft Appropriation Statute or passes a vote of no-confidence in the Regional Administration, the Chief Minister shall be deemed to have resigned.

Executive Committees

Article 135

1. There shall be an Executive Committee for each Ministry of which the Minister in charge of such Ministry shall be the Chairman.
2. The Executive Committee shall be charged with the administration of the subjects and functions assigned to the Ministry and the Minister shall exercise power in relation to such subjects and functions in the name of the Executive Committee.
3. The Executive Committee may make proposals in relation to policy to the Board of Ministers through the Minister and the Board of Ministers shall consider such proposals.
4. (a) Every Regional Council shall proceed to the election of the aforesaid Committees as soon as may be after the election of a Speaker and before proceeding to the despatch of any other business. (b) Each Committee shall contain as nearly as possible an equal number of members and every member of the Council except the Speaker shall be elected to one such Committee. (c) Any member of the Council shall not be elected to more than one Committee. (d) Where a member of a Committee is elected to fill any vacancy in the office of the Speaker, that member shall, upon such election, cease to be a member of such Committee.
5. Subject to the provisions of this Article, the procedure for the election of Executive Committees and for the assignment to an Executive Committee of any member elected to the Council after the first meeting thereof following a general election and for the transfer of members from one Committee to another shall be as prescribed by the Standing Orders of the Council and in the absence of such Standing Orders, the procedure shall be as determined by the Speaker.
6. Whenever a Minister of the Board of Ministers is unable to discharge the functions of the Minister's office the Governor acting on the advice of the Chief Minister tendered in consultation with the Secretary of the recognised political party or the leader of the independent group as the case may be, of which such Minister is a member, may appoint any member of the Executive Committee, of which such Minister is Chairman, to act in place of such Minister.

The Regional Attorney-General

Article 136

1. The Governor of each Region shall appoint an Attorney-at-Law from the Region who has achieved eminence in the profession and has maintained high standards of conduct and professional rectitude to be the Regional Attorney-General.
2. It shall be the duty of the Regional Attorney-General to give advice to the Governor, the Chief Minister and the Board of Ministers upon such legal matters and perform such other duties in relation thereto, as may be from time to time be referred or assigned to the Regional Attorney-General by the Governor, and to discharge the functions conferred on the Regional Attorney-General by or under this Chapter or other law.
3. The Regional Attorney-General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine.

Legislative Power, Delegation and Procedure

Article 137

1. Subject to paragraph 2 of this Article, the Regional Council of a Region has exclusive power to make statutes for such Region or any part thereof with respect to any of the matters enumerated in List II of the Second Schedule referred to as the ‘Regional List’.
2. A Statute of a Regional Council shall not contravene or be inconsistent with the Constitution and any Statute, insofar as it is in contravention or inconsistent with the Constitution, shall, to the extent of such contravention or inconsistency be void.
3. (a) A Regional Council shall not abdicate or in any manner alienate its legislative power. (b) The provisions of paragraphs 2, 3 and 4 of Article 92 shall, mutatis mutandis, apply to the exercise of legislative power by Regional Councils.
4. Sittings of a Regional Council and the procedure for the transaction of business by a Regional Council shall be regulated by Standing Orders made by such Council.

Duties of the Regional Attorney-General in regard to Draft Statutes

Article 138

1. It shall be the duty of the Regional Attorney-General to examine every Draft Statute proposed to be passed by the Regional Council for any contravention of or inconsistency with the Constitution, and the Regional Attorney-General or any officer assisting the Regional Attorney-General in the performance of the duties under this Article shall be afforded all facilities necessary for the performance of such duties.
2. If the Regional Attorney-General is of the opinion that a Draft Statute contravenes or is inconsistent with the Constitution, the Regional Attorney-General shall, subject to the provisions of paragraph 3 of this Article, communicate such opinion to the Governor, the Chief Minister and the Board of Ministers.
3. Where an amendment is proposed to a Draft Statute in the Regional Council, the Regional Attorney-General shall communicate the opinion on matters specified in paragraph 1 of this Article to the Speaker at the stage when the Draft Statute is ready to be put to the Regional Council for its acceptance.
4. Where a Draft Statute is passed, despite the opinion of the Regional Attorney-General that it contravenes or is inconsistent with the Constitution, it shall be the duty of the Regional Attorney-General to invoke the jurisdiction of the Supreme Court to determine the constitutionality of such Statute or any part thereof.

Statutes inconsistent with laws and Statutes of Provincial Councils

Article 139

1. Where there is a law with respect to any matter in the Regional List in force in any Region on the date on which a Regional Council is established for that Region and the Regional Council established for that Region subsequently makes a Statute on the same matter and which is described in its long title as being inconsistent with that law, then, the provisions of that law shall, with effect from the date on which that Regional Council Statute is certified by the Speaker of the Regional Council, remain suspended and be inoperative within that Region, to the extent of such inconsistency.
2. Where there is a Statute of a Provincial Council established by the 1978 Constitution in force in any area of a Region on the date on which a Regional Council is established for that Region, such Statute shall continue to be in force in relation to the area to which it was applicable unless the Regional Council provides otherwise.

When a Draft Statute becomes Law

Article 140

1. Every Draft Statute passed by a Regional Council shall come into force upon the certificate of the Speaker of that council being endorsed thereon.
2. The Speaker shall endorse on every Draft Statute passed by the Regional Council a certificate in the following form:

‘This Draft Statute (state the short title of the Draft Statute) has been duly passed by the Regional Council.’

Chief Ministers' Conference

Article 141

1. (a) There shall be established a Chief Ministers' Conference which shall consist of the Chief Ministers of all the Regions. (b) Where there is no Chief Minister in office in any Region, the Governor of that Region or any person authorised by the Governor may represent the Region at the Conference.
2. (a) The Chairman of the Chief Ministers' Conference shall be elected by the Chief Ministers in rotation, so however, that such Chief Minister shall hold office as Chairman for a period of up to three months. (b) The Chairman of the Chief Ministers' Conference shall represent the Conference on the Constitutional Council.
3. The Conference shall have the power (a) to take all such actions and measures as are necessary to ensure full compliance with the provisions of this Constitution relating to Regional Councils and Regional Administrations, in accordance with the spirit and intention of the Constitution; (b) to inquire into and to settle by mediation or conciliation any dispute which may arise between or among two or more Regional Administrations as well as between a Regional Administration and the Central Government; (c) to inquire into and discuss subjects in which all or more than one of the Regions have a common interest, and to make recommendations for the better co-ordination of policy and action in respect of such subject, and (d) to discuss matters relating to finance, the financial administration and accountability of the Regional Administration and to make representations thereon to the Finance Commission and the Central Government.
4. Where efforts at mediation and conciliation as provided for in sub-paragraph (b) of paragraph 3 of this Article fail, such dispute may be referred for adjudication to a tribunal established, in accordance with this Article.
5. (a) The tribunal referred to in paragraph (4) of this Article shall consist of:

(i) in the case of a dispute between or among two or more Regional Administrations, by a member appointed by each such Regional Administration being a party to the dispute, or

(ii) in the case of a dispute between a Regional Administration and the Central Government, a member appointed respectively by the Regional Administration which is party to the dispute and the Central Government;

and a Chairman nominated by the members so appointed.

(b) Where there is no agreement on the nomination of the Chairman, the Chairman shall be nominated by the Constitutional Council.

(c) The practices and procedures of the tribunal shall be regulated by rules framed by the Conference.

(d) Any award or determination made by such tribunal shall be binding on the parties to the dispute.

6. The Conference shall regulate its own procedures and shall meet every month, unless otherwise determined by the Conference.
7. The Prime Minister shall meet with the Conference from time to time, so however that, a period of three months shall not elapse between two such meetings.

Text as published on the internet site www.lacnet.org.

Top | Sri Lanka | Contents