The Supreme Court (SC) has determined that certain clauses of the 22nd Amendment are inconsistent with the articles of the constitution and needs to be approved by special majority in Parliament and a referendum.
The determination announced by the Speaker Mahinda Yapa Abeywardena is as follows:
1. Supreme Court states that the bill complies with the provision of Article 82 (1) of the constitution and requires it to be passed by a Special Majority specified in Article 82 (5) of the constitution.
2. Clause 2 of the bill contains provisions inconsistent with Article 3 read together with Article 4 (b) of the constitution, as such may be enacted only by the Special Majority specified in Article 82 (5) of the constitution, and upon being approved by the people at a referendum by virtue of Article 83.
However, the necessity of a referendum shall cease if the proposed Articles 41 (a), 41 (a) (6), and 41 (b) (4) in clause 2 are suitably amended to remove the deeming provisions set out therein.
3. Clause 3 of the bill contains provisions inconsistent with Article 3 read together with Article 4 (b) of the constitution, as such may be enacted only by the Special Majority specified in Article 82 (5) of the constitution, and upon being approved by the people at a referendum by virtue of Article 83.
However, the necessity of a referendum shall cease if the proposed Article 44 (2), 44 (3) , 45 (1), 46 (1), 43 (7) (a), 48 (3), and 50 in Clause 3 are suitably amended by deleting the reference to ‘The President Acting on the advice of the Prime Minister” and replacing instead, the President acting in consultation with the Prime Minister.
&, If provisions of Articles 47 (2) (a) are restored, and Restored proposed Articles 47 (2) in clause number 3.
——————-(Previous News : Sep. 06, 2022, 08.52am)——————-
SC ruling on 22A to Parliament today
The Supreme Court ruling on the 22nd Amendment to the Constitution will be submitted to Parliament today (06), Speaker Mahinda Yapa Abeywardena said.
Several parties filed petitions in the court challenging the draft of the 22nd Amendment to the Constitution submitted by the Government to the Parliament.
The petitions were heard before a three-Judge bench comprising of Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare and Arjuna Obeysekera.
After concluding the hearing of the petitions, the Judges announced on August 23 that the decision would be forwarded to the Speaker.
Accordingly, Speaker Abeywardena will present the decision to the Parliament today.
