The Constitution of the Democratic Socialist Republic of Sri Lanka
(5) Notwithstanding the dissolution of Parliament, the
Leader of the Opposition shall for the purposes of this Article,
continue as Leader of the Opposition, until such time after a
General Election following such dissolution, a Member of
Parliament is recognized as the Leader of the Opposition in
Parliament. The new Leader of the Opposition shall thereupon
be a member of the Council.
(6) Notwithstanding the dissolution of Parliament, the
nominees of the Prime Minister and the Leader of the
Opposition respectively who are Members of Parliament shall
continue as members until such time after a General Election
following such dissolution, Members of Parliament are elected
to Parliament. The Prime Minister and the Leader of the
Opposition shall thereupon respectively nominate two new
members of Parliament to be their nominees in terms of
sub-paragraphs (d) and (e) of paragraph (1) of this Article.
(7) The tenure of the Council constituted under this
Article shall extend for such period as specified in paragraph
(2) of Article 62 and such tenure shall not be affected by any
prorogation of Parliament in terms of Article 70:
Provided that, the persons appointed as nominees of the
Prime Minister and the Leader of the Opposition respectively,
may during such tenure at the request of the Prime Minister or
the Leader of the Opposition, as the case may be, be removed
by the President for the reasons assigned therefor or in the event
of an incapacity of such nominee, the President may require the
Prime Minister or Leader of the Opposition, as the case may be,
to nominate taking into consideration the criteria specified in
the proviso to paragraph (1), another Member of Parliament to
be his nominee in the Council. In such an event, the Member of
Parliament nominated to fill the vacancy created by either
removal or incapacity, as the case may be, shall continue as
member of the Council only for the unexpired period of the
tenure of the member for whose vacancy he was nominated.
(8) (a) When the President seeks the observations of
the Council under paragraph (1), he shall require the Council to
convey through the Speaker the observations of the Council, on
the persons proposed by him for such appointments, within a
period of one week from the date of seeking such observations.
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