යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXXIX

CHAPTER XXXIX

 

TRANSITIONAL PROVISIONS

 

316.        Unless Parliament otherwise provides, the Republic of Sri Lanka shall continue to possess, exercise, perform, and discharge all powers, privileges, immunities, rights, liabilities, and responsibilities whatsoever possessed, exercised, performed, and discharged or exercisable prior to the commencement of the Constitution.

317.       (1) Unless Parliament otherwise provides, all laws, written laws and unwritten laws, in force immediately before the commencement of the Constitution, shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, continue in force.

(2) Save as otherwise provided in the Constitution, existing laws, written laws and unwritten laws are not and shall not in any manner be deemed to be provisions of the Constitution.

(3) Wherever the Constitution provides that any law, written law or unwritten law or any provision of the Constitution shall continue in force until or unless Parliament otherwise provides, any law enacted by Parliament so providing may be passed by a majority of the Member present and voting.

(4) Whenever the Constitution provides that any provision of any existing written law shall continue in force until or unless Parliament otherwise provides and the existing written law referred to consists of subordinate legislation, the provision that such existing written law shall continue in force until or unless Parliament otherwise provides shall not in any manner be deemed to derogate from the power of the person or body on whom the power to make and when made, to amend, vary, rescind or revoke such subordinate legislation is conferred, to exercise the power so conferred until or unless Parliament otherwise provides.

(5) Unless the Constitution otherwise provides or the two thirds majority of the Members of Parliament including Members not present otherwise decide, the past operation of any law in force prior to the commencement of the Constitution or anything duly done or suffered or any offence committed or any right, liberty, obligation or penalty acquired or incurred under any law in force prior to the commencement of the Constitution shall not in any manner be affected or be deemed to be affected by the Constitution coming into force.

(6) All actions, prosecutions, proceedings, matters or things, including proceedings of Commissions appointed or established by or under any existing written law, pending or uncompleted on the commencement of the Constitution shall, subject to the provisions of the Constitution and mutatis mutandis, be deemed to continue and may be carried on and completed after the commencement of the Constitution.

318.       The President immediately before the commencement of this Constitution shall be the first President under this Constitution and shall be deemed for all purposes, the President until the State Assembly elects a new President as per the provisions of Article 51.

319.       A General Election shall be conducted by Elections Commission in accordance with the provisions of Chapter XIII, within twelve months of the commencement of this Constitution.

320.       The first Parliament after the commencement of this Constitution shall stay dissolved until new Members of Parliament shall be elected by a General Election.

321.       All local governments in the name of Pradeshiya Sabha, Urban Council, and Municipal Council shall be abrogated; and Pradeshiya Sabhaas Act, Urban Councils Ordinance, Municipal Council Ordinance, with every amendment to such acts and ordinances shall be repealed hereby. Local Council shall supersede every existed local government.

322.       (1) All the Judges of the Supreme Court and the Court of Appeal, before the commencement of this Constitution, shall remain the same in Supreme Court and Court of Appeal after the commencement of this Constitution;

(2) The Judges and Commissioners of the High Courts, before the commencement of this Constitution, shall become the Judges of High Courts after the commencement of this Constitution;

(3) The Judges of the District Courts, before the commencement of this Constitution, shall become the Judges of Provincial Courts, after the commencement of this Constitution; and the duties, proceedings instigated in District Courts shall be removed to Provincial Courts established by this Constitution;

(4) Judges of Magistrate courts and primary courts or tribunals, before the commencement of this Constitution, shall be the Judges of Magistrate court and Primary courts or such tribunals, after the commencement of this Constitution;

(5) All the proceedings in relation to Fundamental Rights in the Supreme Court, prior to the commencement of this Constitution, shall be removed to Court of Appeal;

(6) if any matter or question shall arise with regard to any procedure or practice to be followed in any court in consequence of the coming into operation of the Constitution, not provided for in the Constitution or any written law, Chief Justice shall have the power to give such directions as he may consider necessary to prevent injustice or as the justice of the case may require, subject to the provisions of this Constitution.

323.       All persons who were in the public service, before the commencement of this Constitution, shall be the same in the public service after the commencement of this Constitution.

324.  All existing laws which are inconsistent with this Constitution shall be amended expeditiously.