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The Constitution of the Democratic Socialist Republic of Sri Lanka
functions of his office and is unable to make an appointment in
terms of paragraph (1) of this Article, he shall communicate in
writing his opinion to the Speaker and thereupon the Prime
Minister shall exercise, perform and discharge the powers,
duties and functions of the office of President during such
period and shall appoint one of the Ministers of the Cabinet to
act in the office of Prime Minister during such period,
notwithstanding the absence of such appointment as is provided
for in paragraph (1) of this Article:
Provided that if the office of Prime Minister be then
vacant or the Prime Minister is unable to act, the Speaker shall
exercise, perform and discharge the powers, duties and
functions of the office of President during such period.
(3) The provisions of the Constitution relating to
the President (other than the provisions of paragraph (2) of
Article 32) shall apply, in so far as they can be applied, to the
person so exercising, performing and discharging the powers,
duties and functions of the office of President.
(4) In this Article and in Articles 38(1)(b) and 40(1), “the
Speaker” includes, during any period when Parliament is
the person who held the office of
immediately
before the dissolution of Parliament.
Vacation of
office by
President
38. (1) The office of President shall become vacant –
(a)
upon his death;
(b) if he resigns his office by a writing under his
hand addressed to the Speaker;
(c)
if he ceases to be a citizen of Sri Lanka;
(d) if the person elected as President willfully
fails to assume office within 31[two weeks] from
the date of commencement of his term of office;
(e)
if he is removed from office as provided in the
next succeeding paragraph; or
(f)
if the Supreme Court in the exercise of its
powers under Article 130(a) determines that his
election as President was void and does not
determine that any other person was duly elected
as President.
31 - Substituted by the Third Amendment to the Constitution Sec. 3 for '"one month".