SRI LANKA
 
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GENERAL INFORMATION
 
Parliament (generic name): Parliament
Translated name:
Structure: Unicameral
Chamber: Parliament
Translated name:
President:
W. J. M. Lokkubandara   ( M)
Secretary General:
Dhammika Kitulgoda  ( M)
Members (statutory number): 225
  members
- 196 directly elected
- 29 appointed
Members (current number): 225
Women (current number): 13  ( 5.78%)
Term: 6  years
Last renewal dates: 2 April 2004
 
Address: Parliament
Parliament House
SRI JAYEWARDENEPURA KOTTE



Tel.: (94112) 277 288, 777 277
Fax: (94112) 777 275, 777 501
E-mail: SGP@parliament.lk
CPA@parliament.lk
Cable: Comparlas, Colombo
Web site:
http://www.priu.gov.lk/Parliament/Indexpa.html
http://www.parliament.lk/
Affiliation to IPU: Yes
Affiliation date(s): 1949
 
 
ELECTORAL SYSTEM
 
Electoral Law:
  1 January 1900
 
 
Constituencies:
  - 22 multi-member (4 to 20 seats, depending on population) constituencies (for 196 seats)
- one nationwide constituency (29 seats)
 
Voting System:
  Proportional representation system with preferential voting.
Each elector selects specific party or independent group and three of its candidates. Parties polling less than one-eighth of vote in each constituency are not eligible for seats.
29 "national" MPs chosen through a formula based on aggregate votes received by each party.
Vacancies filled by substitutes nominated by same party or group which held seat in question.
Voting is not compulsory.
 
Voter requirements:
  - age: 18 years
- Sri Lankan citizenship
- residence in constituency where voting
- disqualifications: insanity, imprisonment of six months or more (in preceding 7 years), death sentence, conviction for corrupt or illegal practice connected with elections, imposition of civic disability.
 
Eligibility:
  Qualified electors
- age: 18 years
- Sri lankan citizenship
- ineligibility: undischarged bankrupt, interest in government contract, acceptance of bribe or gratification offered with view to influencing judgment as MP (in preceding 7 years).
 
Incompatibilities:
  - holders of public offices
- certain employees of corporations
- membership of police or armed forces
- Judicial officers, Secretary General of Parliament and his staff, members of the Public Service Commission and Parliamentary Commissioner for Administration (Ombudsman)
 
Candidacy requirements:
  - nomination lists submitted from seventh to fifth week prior to polling
- in each district, a party or independent group can nominate up to three more candidates than there are seats to be filled
- groups must also deposit 2,000 rupees per candidate (reimbursable if group polls more than one-eighth of the votes cast in the district)
 
 
LAST ELECTIONS
 
red cube  Also available:  Archive of past election results for this chamber  red cube
 
Dates of election / renewal (from/to):
  2 April 2004
 
 
Purpose of elections:
  General elections were held for all the seats in Parliament following premature dissolution of this body on 9 February 2004. Elections had previously taken place in December 2001.
 
Background and outcome of elections:
  On 7 February 2004, President Chandrika Kumaratunga dissolved Parliament and called early elections for 2 April 2004, three years ahead of schedule. These were the island's third general elections in four years, and were called in a bid to break a political stalemate between President Chandrika Kumaratunga and Prime Minister Ranil Wickremesinghe over how to handle peace talks with Tamil Tiger rebels, to end the civil war that has lasted for the last two decades and killed some 64,000 people.

During the conflict, tens of thousands of Sri Lankans couldn't vote, either because of Tiger-imposed election boycotts or because more than 1.6 million people were repeatedly displaced by the fighting. Most of the voteless were among the country's 3.2 million Tamils, who are predominant in the north and east of the country, where most of the fighting raged. The rest of the country is dominated by the 14 million ethnic Sinhalese.

In 2002, a Norwegian-brokered cease-fire with the rebels was signed by Prime Minister Ranil Wickremasinghe. However, the talks about a political solution to the conflict were stalled in April 2003, when the rebel Liberation Tigers of Tamil Eelam walked out. Efforts to restart talks failed in November 2003, after President Kumaratunga dismissed three ministers in the government, saying that the Prime Minister had compromised security in his talks with the Tigers. The process was further complicated in March 2004 by a split in the rebel ranks after a Tamil Tiger leader Mr. V Muralitharan, known as Karuna, led a breakaway from the main Tiger rebel group and the two factions were threatening to go to war against each other.

Although the United National Party (UNP) of Prime Minister Ranil Wickremesinghe had won the elections in 2001, there had been an awkward cohabitation between President Kumaratunga, who leads the United Peoples' Freedom Alliance a rival party and has vast constitutional powers, and Mr. Wickremesinghe, who controlled Parliament.

During the electoral campaign both pledged to reopen talks as soon as possible, but differed sharply in their approach. President Kumaratunga accused Mr. Wickremesinghe of endangering the country's security by giving away too much to win peace with the rebels. Her United Peoples' Freedom Alliance also accused the government of corruption and appealed to the people to "join hands to rid the country of war, uncertainty and corruption". Meanwhile, Mr Wickremesinghe's UNP campaigned almost exclusively on the Prime Minister's peace bid, saying he needed a new mandate to complete the process.

A record 6,024 candidates from 24 registered political parties and 192 independent groups, including for the first time a party of Buddhist monks, contested the elections. Another wildcard was the inclusion of the People's Liberation Front (JVP), a hard-line nationalist party with Marxist economic policies, in the United Peoples' Freedom Alliance.

Political violence rose in the days prior to polling day, although it remained far less than in the last election in 2001, when some 61 people had been killed in political attacks. In eastern parts of the country, pre-poll violence left at least two people dead, including a candidate close to the breakaway Tiger leader.

Police deployed a 64,000-strong force to guard the 10,400 polling booths and counting centres while the military patrolled and reinforced areas prone to violence. Some 25,000 local and international election monitors, including the European Union and the Commonwealth, were also deployed on election day.

Results showed that President Chandrika Kumaratunga's United Peoples' Freedom Alliance had won 105 seats, eight seats short of the 113 needed to secure a majority in the 225-member legislature. Prime Minister Wickremesinghe's United National Party followed with 82 seats. Candidates loyal to the Tamil Tigers took third place in the election, winning 22 seats. The National Heritage Party of Buddhist monks won nine seats.

The first meeting of the newly elected Parliament was held on 22 April 2004. Mr. W. J. M. Lokkubandara was elected as its new Speaker.

On 6 April 2004, the until then Leader of the Opposition, Mr. Mahinda Rajapakse was sworn-in as the new Prime Minister.
 
STATISTICS
 
Round no 1 (2 April 2004): Election results
  Number of registered electors
  Voters
  Blank or invalid ballot papers
  Valid votes
 
Round no 1: Distribution of votes
 
Political Group Candidates Votes % of votes  
  United People's Freedom Alliance (UPFA)  
  United National Party (UNP)  
  Parti de l'état tamoul du Lanka (ITAK)  
  National Sinhala Heritage (JHU)  
  Sri Lanka Muslim Congress (SLMC)  
  Others  
 
Round no 1: Distribution of seats
 
Political Group Total of seats  
  United People's Freedom Alliance (UPFA) 105  
  United National Party (UNP) 82  
  Parti de l'état tamoul du Lanka (ITAK) 22  
  National Sinhala Heritage (JHU) 9  
  Sri Lanka Muslim Congress (SLMC) 5  
  Others 2  
 
Comments:
  The UPFA is formed by:
- Sri Lanka Freedom Party (SLFP)
- Communist Party of Sri Lanka
- Democratic United National Front
- Lanka Equal Society Party
- Sri Lanka People's Party.

Sources:
- Department of Elections Website
- Parliament (01.01.2008)

- Mr. Chandra Nehru MP for Batticaloa on 7 February 2005.
- Mr. Laksman Kadirgamar, MP & Minister, was killed on 13 August 2005.
- Mr. Joseph Pararajasingham, MP, was shot and killed on 25 December 2005.
 
Distribution of seats according to sex:
  Men: 214
  Women: 11
  Percent of women: 4.89
 
Distribution of seats according to age:
 
Distribution of seats according to profession:

 
PRESIDENCY OF THE PARLIAMENT
 
APPOINTMENT AND TERM OF OFFICE
 
Title:
  Speaker of the Parliament
 
Term:
  - duration: 6 years (term of House)
- reasons for interruption of the term: resignation, death, dissolution of the Parliament, loss of mandate as Member of Parliament
Appointment:
  - elected by all Members of Parliament
- election held at the first meeting of the Parliament, after general elections
- before Members are sworn in
 
Eligibility:
  - any Member of the Parliament can be candidate
 
Voting system:
  - formal vote by secret ballot
- simple majority
- several rounds are held when there are many candidates
- if more than one round is held, candidates with the smallest number of votes shall be excluded until one candidate obtains more votes than the remaining candidate

 
Procedures / results:
  - the Secretary General presides over the Parliament during the voting
- the Secretary General supervises the voting
- the Secretary General announces the results without any delay
- the results can be challenged within one calendar month
 
STATUS
 
Status:
  - ranks third in the hierarchy of the State
- in the absence of the President of the Republic and the Prime Minister the Speaker may be called upon as acting Head of State
- represents the Parliament in international bodies
- is president ex officio of different committees
- in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions, in the absence of both of them, the Deputy Chairman of Committee can do it, if none of them is present, a Member elected by the Parliament presides over the sitting

 
Board:
 
 
Material facilities:
  - allowance
- official residence
- official car
- additional staff
- domestic staff
- secretariat
- body guards

 
FUNCTIONS
 
Organization of parliamentary business:
  - establishes and modifies the agenda in consultation with the Party Leaders and the Business Committee
- organizes the debates and sets speaking time with the assistance of the Business Committee
- refers texts to a committee for study
- examines the admissibility of request for setting up committees and/or committees of enquiry, proposes or decides on the setting up of such committees
- can appoint some committees and/or their presiding officers

 
Chairing of public sittings:
  - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning theParliament
- takes disciplinary measures in the event of disturbance, and lifts such measures
- grants permission to speak
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum

 
Special powers:
  the Secretary General:
- is responsible for establishing the Parliament's budget
- recruits and assigns staff with the approval of the Speaker
- organizes the services of Parliament with the approval of the Speaker
- the President of the Republic appoints the Secretary General
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Parliament
 
Speaking and voting rights, other functions:
  - provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting when the votes are equal
- intervenes in the parliamentary oversight procedure
- issues a certificate when a bill has been passed by the Parliament, so that it becomes a law
 
 
MEMBER OF PARLIAMENT
 
PARLIAMENTARY MANDATE
 
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 PARLIAMENT 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).
 
Relations between MPs and pressure group:
  · There are no legal provisions in this field.
 

red cube  Also available:  Archive of past election results for this chamber  red cube

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