CHAPTER VI
THE STATE ASSEMBLY (SA)
40. (1) The State Assembly shall be the Supreme government body of the Republic, and its membership shall consist of:
(a) Vice
President of Sri Lanka;
(b) Members
of Parliament;
(c) Local
Chairmen;
(d) ten
persons in equitable rotation basis, such that one person each nominated and
elected by an internal democratic election conducted by the Elections
Commission at once on behalf of all professional bodies within five days after
the conclusion of a General Election, by Professional bodies created in
accordance with the provisions of subparagraphs 59(1)(i)
and 59(1)(j),
appointed by President; and
(e) former Presidents of Sri Lanka, notwithstanding the provisions of paragraph 131(3), below the age of seventy five.
(2) A new State Assembly shall assemble within seven days after the conclusion
of a General Election.
41.
(1) State Assembly shall assemble at least once
every three months.
(2) The quorum of State Assembly shall be one hundred.
(3) The members shall not be paid any salary or allowance for being a Member of
State Assembly or for attending State Assembly.
(4) The Speaker, the Deputy Speaker, and the Deputy Chairman of Committees, of
Parliament shall be, ex officio, the Speaker, the Deputy Speaker, and
the Deputy Chairman of Committees, respectively, of State Assembly.
(5) The Leader of the House and the Opposition Leader, in Parliament shall be, ex
officio, the Leader of the House and the Opposition Leader, respectively,
in State Assembly.
(6) Speaker, in his absence Deputy Speaker, and in their absence Deputy
Chairman of Committees shall preside over State Assembly; and in the absence of
them, State Assembly shall choose one of its members to preside at that
particular sitting of State Assembly.
(7) Speaker shall have no voting power in State Assembly, except the casting
vote.
(8) State Assembly shall be dissolved at the moment a General Election is
officially announced by Elections Commission, and shall remain dissolved until
the conclusion of General Election.
42.
(1) The Secretary General of Parliament shall be
the Secretary General of State Assembly.
(2) Secretary General of Parliament shall have his own staff to administer the
functions of Parliament and State Assembly.
43. State Assembly shall have the following functions, powers, duties, and responsibilities.
(1) To
appoint President of Sri Lanka;
(2) To appoint Vice President of Sri Lanka.
(3) To impeach and remove President subject to the provisions of paragraph 156(2), Vice President, Prime Minister, Cabinet Minister, Chief Minister, Member of Parliament, Local Chairman, Chief Justice, judge of Supreme Court and Court of Appeal, member of Constitutional Council, member of independent Commissions established by this Constitution, Governor, and the Governor of the Central Bank of Sri Lanka.
(4) To
amend the existing Constitution; or to repeal the existing Constitution and
introduce a new Constitution therefor, with not less than two thirds of the
whole number of members (including those not present), hereinafter known as
“Special Majority”, followed by a Referendum, subject to the provisions of
Chapter VII.
(5) To pass a Bill with not less than one half of the members present, hereinafter known as “Simple Majority”, with regard to any matter whose executive powers have been devolved to Local Councils as per provisions of Chapter X. No Bill shall be passed in Parliament if such Bill has in its contents any matter whose executive power comes under Chapter X; the provisions of Articles 110 and 111 shall apply, mutatis mutandis, here.
(6) To pass a Bill sent by President, as per the provision of subparagraph 59(3)(b), after Parliament has passed it and referred to President for his endorsement; the provisions of Articles 110 and 111 shall apply, mutatis mutandis, here.
(7) To prepare and adopt National Policies.
(8) To ratify any agreement or treaty with another country, or international or regional organization, for such international, regional, bilateral, or multilateral treaty or agreement to be lawful and effective within Sri Lanka; no international agreement or treaty with another country, the United Nations, or such international or regional organization shall be signed by President, Vice President, Prime Minister, any Cabinet Minister, or any government official without prior approval by Parliament.
(9) To make a law having retrospective effect by a Special Majority of State Assembly.