1. This Act may be cited as the Sixth Amendment to the Constitution.
157A. (1) No person shall, directly or indirectly, in or outside Sri
Lanka, support, espouse, promote, finance, encourage or advocate the
establishment of a separate State within the territory of Sri Lanka.
(2) No political party or other association or organisation shall have as
one of its aims or objects the establishment of a separate State within the
territory of Sri Lanka.
(3) Any person who acts in contravention of the provisions of paragraph
(1) shall, on conviction by the Court of Appeal, after trial on indictment
and according to such procedure as may be prescribed by law,—
(a) be subject to civic disability for such period not exceeding seven
years as may be determined by such Court;
(b) forfeit his movable and immovable property other than such property
as is determined try an order of such Court as being necessary for the
sustenance of such person and his family ;
(c) not be entitled to civic rights for such period not exceeding seven
years as may be determined by such Court, and
(d) if he is a Member of Parliament or a person in such service or
holding such office as is referred to in paragraph (1) of Article 165, cease
to be such Member or to be in such service or to hold such office
(4) Where any political party or other association or organisation has as
one of its aims or objects the establishment of a separate State within the
territory of Sri Lanka, any person may make an application to the Supreme
Court for a declaration that such political party or other association or
organisation has as one of its aims or objects the establishment of a
separate State within the territory of Sri Lanka. The Secretary or other
officer of such political party or other association or organisation shall
be made a respondent to such application.
(5) Where the Supreme Court makes a declaration under paragraph (4) in
relation to any political party or other association or organisation, in
pursuance of an application made to it under that paragraph
(a) that political party or other association or organisation shall be
deemed, for all purposes to be proscribed and any member of such political
party or other association or organisation who is a Member of Parliament
shall be deemed to have vacated his seat in Parliament with effect from the
date of such declaration, and any nomination paper submitted by such
political party or other association or organisation shall be deemed for all
purposes to be invalid;
{b) any person who holds office or is a member of that political party or
other association or organisation, after the date of such declaration, shall
be guilty of an offence and shall, on conviction, by the Court of Appeal
after trial on indictment and according to such procedure as maybe
prescribed by law -
(i) be subject to civic disability for such period not exceeding seven
years as may be determined by such Court;
(ii) forfeit his movable and immovable property other than such property
as is determined by an order of such Court as being necessary for the
sustenance of such person and his family;
(iii) not be entitled to civic rights for such period not exceeding seven
years as may he determined by such Court;
(iv) if he is a Member of Parliament or a person in such service or holds
such office as is referred to in paragraph (1) of Article 165, cease to be
such Member or to be in such service or hold such office.
(6) The execution of any punishment imposed under paragraph (3) or
sub-paragraph (b) of paragraph(5) shall not be stayed or suspended pending
the determination of any appeal against such punishment or the conviction in
consequence of which such punishment was imposed.
(7) Every officer or person who was or is required by, Article 32 or
Article 53, Article 61 or Article 107 or Article 165 or Article 169 (12), to
take and subscribe or to make and subscribe an oath or affirmation, every
member of, or person in the service of , a local authority, Development
Council, Pradeshiya Mandalaya Gramodaya Mandalaya or public corporation and
every attorney-at-law shall -
(a) if such officer or person is holding office on the date of coming
into force of this Article, make and subscribe, or take and subscribe, an
oath or affirmation in the form set out in the Seventh Schedule, before such
person or body if any, as is referred to in that Article, within one month
of the date on which this Article comes into force;
(b) if such person or officer is appointed to such office after the
coming into force of this Article, make and subscribe or take and subscribe,
an oath or affirmation, in the form set out in the Seventh Schedule, before
such person or body, if any, as is referred to in that Article within one
month of his appointment to such office.
The provisions of Article 165 and Article 169 (12) shall, mutatis
mutandis, apply to, and in relation to, any person or officer who fails to
take and subscribe, or make and subscribe, an oath or affirmation as
required by this paragraph.
(8) (a) Every person who is a Member of Parliament on the coming into
force of this Article shall not be entitled to sit and vote in Parliament
unless he takes and subscribes or makes and subscribes an oath or
affirmation in the form set out in the Seventh Schedule.
(b) Every person who is elected or nominated as a Member of Parliament on
or after the coming into force of this Article shall not he entitled to sit
and vote in Parliament unless he takes and subscribes or makes and
subscribes an oath or affirmation in the form set out in the Seventh
Schedule.
(9) No person who has taken and subscribed or made and subscribed an oath
or affirmation in the form set out in the Seventh Schedule shall,
notwithstanding any provision to the contrary in the Constitution be
required to take and subscribe or make and subscribe any other oath or
affirmation required to be taken and subscribed or made and subscribed under
the Constitution .
(10) Parliament may, by resolution, determine such other categories of
persons or officers to whom the provisions of paragraph (7) shall apply and
thereupon, the provisions of such paragraph shall, mutatis mutandis apply
to' and in relation to, officers or persons of that category.
(11) The jurisdiction of the Court of Appeal in respect of its powers
under this Article shall be exercised in the manner provided in subparagraph
(iv) of the proviso to paragraph (2) of Article 146.
(12) In this Article, " civic rights " means -
(a) the right to obtain a passport,
(b) the right to sit for any public examination; (c) the right to own any
immovable property;
(d) the right to engage in any trade or profession which requires a
licence, registration or other authorisation, by or under any written law.'
(1) in sub-paragraph (iii) of that paragraph, by the substitution, for
the words " to fill such vacancy. Upon receipt of such nomination, the
Commissioner ", of the following:
" to fill such vacancy. A nomination made by the Secretary of such
political party under this sub-paragraph shall be accompanied by an oath or
affirmation, as the case may be, in the form set out in the Seventh
Schedule, taken and subscribed or made and subscribed, as the case may be,
by the person nominated to fill such vacancy. Upon the receipt of such
nomination, accompanied by such oath or affirmation, the Commissioner ";
(2) in the proviso to sub-paragraph (iii) of that paragraph by the
substitution -
(a) for the words ``within thirty days of his being required to do so ",
of the following:-
"within thirty days of his being required to do so and in the aforesaid
manner",
(b) for the words "vacancy, then Commissioner of Elections", of the words
and figures " vacancy, or where such political party is deemed to be
proscribed under Article 157A, then the Commissioner of Elections"; and
(3) by the addition, immediately after sub-paragraph (iii) of that
paragraph, of the following sub-paragraph:-
"(iv) There a Member nominated of elected to fill any such vacancy as is
referred to in subparagraph (i) or sub-paragraph (ii), being a Member who
has taken and subscribed or made and subscribed, an oath or affirmation in
the form set out in the Seventh Schedule, directly or indirectly, in or
outside Sri Lanka, supports, espouses, promotes, finances, encourages or
advocates the establishment of a separate State within the territory of Sri
Lanka, any person may make an application to the Court of Appeal for a
declaration that such member has directly or indirectly, in or outside Sri
Lanka supported, espoused, promoted, financed, encouraged or advocated the
establishment of a separate State within the territory of Sri Lanka.
If the Court of Appeal makes, on such application, a declaration that
such Member has directly or indirectly, in or outside Sri Lanka, supported,
espoused, promoted, financed, encouraged or advocated the establishment of a
separate State within the territory of Sri :Lanka, the seat of such Member
shall be - deemed to be vacant with effect from the date of such declaration
and such Member shall be disqualified from sitting and voting in Parliament
and from being elected or nominated to Parliament for a period of seven
years from the date of such declaration. The vacancy occurring in the
membership of Parliament by reason of such declaration shall be filled in
the manner provided in paragraph (iii).
The jurisdiction of the Court of Appeal in respect of its powers under
this sub-paragraph shall be exercised in the manner provided in
sub-paragraph (iv) of the proviso to paragraph (2) of Article 146.".
5. The Constitution is hereby amended by the addition, at the end thereof,
of the following Schedule which shall have effect as the Seventh Schedule to
the Constitution:-
I ..............................do solemnly declare and affirm / swear that
I will uphold and defend the Constitution of the Democratic Socialist
Republic of Sri Lanka and that I will not, directly or indirectly, in or
outside Sri Lanka, support, espouse, promote, finance, encourage or advocate
the establishment of a separate State within the territory of Sri Lanka."
