| Parliament name |
Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
When the MPs take the oath (Art. 63 of the Constitution of Feb. 1978, as amended up to 20.12.1988). Procedure (Art. 63 of the Constitution, SO 5 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka). |
| Validation of mandates |
· Validation only in case of challenge by election petitions ((in)validation by the appropriate judiciary). See also Loss of mandate - (c) Election petitions/(d) Loss of mandate for disqualification, including incompatibilities/(g) General procedure. |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 62 (2) of the Constitution; for early dissolution, see Art. 70 (1) and (5) of the Constitution). Exception (Art. 70 (7) and 155 (4) (i) of the Constitution). |
| Can MPs resign? |
Yes |
· Yes, of their own free will (see Art. 66 (b) of the Constitution)
· Procedure (Art. 66 (b) of the Constitution): an MP resigns by a writing in his own hand addressed to the Secretary-General of Parliament
· Authority competent to accept the resignation: the Secretary-General of Parliament
|
| Can MPs lose their mandate ? |
Yes |
(a) Revocation before expiry of mandate by political parties/loss of mandate for resignation of party membership (Art. 99 (13) (a) of the Constitution)
(b) Definitive exclusion from Parliament by the latter (Art. 66 (i) and 81 of the Constitution)
(c) Loss of mandate by judicial decision:
- Election petitions (Art. 66 (g) of the Constitution; see also Validation of mandates)
- Appeal in the case of revocation by political parties (see (a) Revocation before expiry of mandate by political parties)
(d) Loss of mandate for disqualification, including incompatibilities (Art. 66 (c) to (e), 89 to 91 of the Constitution)
(e) Loss of mandate for absence from sittings of Parliament (Art. 66 (f) of the Constitution)
(f) Death (Art. 66 (a) of the Constitution)
(g) General procedure (Art. 100 of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The Cabinet Ministers
3. The Deputy Ministers
4. The other MPs
· Outside Parliament: the official order of precedence ranks the MPs in the 14th position.
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see also Art. 68 of the Constitution): Rs. 265,000 per annum
+ Additional allowance: Rs. 500 per sitting
+ Entertainment allowance: Rs. 1000 per month
+ Fuel allowance: Rs. 7500 per month
+ Cell phone allowance: Rs. 2000 per month
+ Driver's allowance: Rs. 3500 per month
· Total exemption from tax for emoluments drawn as a Member of Parliament
· Pension scheme
· Group Insurance Scheme
· Other facilities:
(a) Secretariat (see also Art. 65 of the Constitution)
(b) Assistants
(c) Stationery
(d) Official housing
(e) Security guards
(f) Postal and telephone services
(g) Travel and transport
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 67 of the Constitution, Art. 3, 4 and 7 of the Parliament (Powers and Privileges) Act, No. 21 of 1953).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 72, 77, and 84 (viii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka), breach of privilege in cases of disobedience to rules or orders of the House (Part II and Schedule to the Parliament (Powers and Privileges) Act, No. 21 of 1953, Art. 78 of the Standing Orders) (for both, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 67 of the Constitution, Art. 5 (1) and 7 of the Parliament (Powers and Privileges) Act, No. 21 of 1953).
· It applies only to civil proceedings, covers all offences, but protects MPs only from arrest and detention.
· No derogations are foreseen.
· However, evidence of proceedings in the House or a committee cannot be given without leave of the House (Art. 17 of the Parliament (Powers and Privileges) Act, No. 21 of 1953).
· Protection is provided from 40 days before the session starts until 40 days after the House has been prorogued or dissolved. Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars.
· It is provided by Parliament and political parties. Other.
· There is no handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings.
· Penalties foreseen in case of failure to attend: loss of mandate or loss of committee membership
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 72 to 78, 84 (vi), (viii), and (xii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka.
· Disciplinary measures foreseen:
- Call to order (SO 84 (xii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Naming, suspension, and direction to withdraw from the precincts of Parliament (SO 72 and 75 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Order to discontinue the speech (SO 73 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Order to withdraw, eventually with naming (SO 74 and 75 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Adjournment of Parliament/suspension of the sitting (SO 76 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Any other disciplinary measure (SO 77 (1), 78, and 84 (vi) and (viii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Deletion from the Official Report (SO 77 (2) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
· Specific cases:
- Offence or insult (SO 72, 77, and 84 (viii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Breach of privilege in cases of disobedience to rules or orders of the House (Part II and Schedule to the Parliament (Powers and Privileges) Act, No. 21 of 1953, Art. 78 of the Standing Orders): imprisonment, fine; admonition at the Bar of Parliament, removal from the precincts of Parliament, suspension
· Competent body to judge such cases/to apply penalties:
- Call to order: the Speaker or any other Member
- Naming, suspension, and direction to withdraw from the precincts of Parliament, offence or insult: the Speaker; the Parliament; the Speaker
- Order to discontinue the speech, order to withdraw, eventually with naming, adjournment of Parliament/suspension of the sitting, deletion from the Official Report: the Speaker
- Any other disciplinary measure, offence or insult: the Parliament
- Breach of privilege in cases of disobedience to rules or orders of the House: the Supreme Court, the Parliament
· Procedure:
- Call to order (SO 84 (xii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Naming, suspension, and direction to withdraw from the precincts of Parliament, offence or insult (SO 72 and 75 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Order to discontinue the speech (SO 73 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Order to withdraw, eventually with naming (SO 74 and 75 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Adjournment of Parliament/suspension of the sitting (SO 76 of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Any other disciplinary measure, offence or insult (SO 77 (1), 78, and 84 (vi) and (viii) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Deletion from the Official Report, offence or insult (SO 77 (2) of the Standing Orders of the Parliament of the Democratic Socialist Republic of Sri Lanka)
- Breach of privilege in cases of disobedience to rules or orders of the House (Part II and Schedule to the Parliament (Powers and Privileges) Act, No. 21 of 1953, Art. 78 of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist for Members of Parliament but there are some relevant provisions (Art. 66 (c) to (e), and (i), Art. 78, 81, 89 to 91, and 99 (13) (a) of the Constitution, Art. 78 of the Standing Orders, Part II and Schedule to the Parliament (Powers and Privileges) Act, No. 21 of 1953; for the declaration of interests, see Obligation to declare personal assets).
· Penalties foreseen for violation of those rules:
- Loss of mandate (Art. 66 (c) to (e), and (i), Art. 78, 81, 89 to 91, and 99 (13) (a) of the Constitution; revocation before expiry of mandate by political parties/definitive exclusion from Parliament by the latter for civic disability/disqualification, including incompatibilities)
- Imprisonment, fine; admonition at the Bar of Parliament, removal from the precincts of Parliament, suspension (Part II and Schedule to the Parliament (Powers and Privileges) Act, No. 21 of 1953, Art. 78 of the Standing Orders)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate: political parties; the Supreme Court/the Parliament;
- Imprisonment, fine; admonition at the Bar of Parliament, removal from the precincts of Parliament, suspension: the Supreme Court; the Parliament
· Procedure:
- Loss of mandate (Art. 66 (c) to (e), and (i), Art. 78, 81, 89 to 91, and 99 (13) (a) of the Constitution). In the case of revocation before expiry of mandate by political parties, MPs have means of recourse. In the case of definitive exclusion from Parliament by the latter for civic disability, they do not.
- Imprisonment, fine; admonition at the Bar of Parliament, removal from the precincts of Parliament, suspension (Part II and Schedule to the Parliament (Powers and Privileges) Act, No. 21 of 1953, Art. 78 of the Standing Orders).
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| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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