Sri Lanka 22 constitutional amendment gets supreme court nod | Sinhala News

Sri lanka News – A bill for Sri Lanka’s 22 amendment to the constitution has been cleared by the Supreme Court for approval with a two thirds majority subject to a few changes, Speaker Mahinda Yapa Abeywardene said.

A few clauses require a special majority plus a referendum, the Speaker told parliament on Tuesday September 06.

The highest court of the land has recommended changes to help parliament pass the bill with only a special majority.

The bill aims to restore independent commissions and also trim some of the powers of the president.

Justice Minister Wijeyadasa Rajapakshe has said the proposed 22nd amendment, while being based on the 19th amendment, will transcend the latter’s democratic features while also retaining the more progressive aspects of the 20th amendment.

Related:

Sri Lanka’s proposed 22nd constitutional amendment to transcend 19th: minister

The bill was challenged in the Supreme Court in terms of article 121 (1) of the constitution.

Reading out the determination, Speaker Abeywardena said the Supreme Court states that the bill complies with the provisions of the article 82 (1) and requires to be passed by a special majority specified in article 82 (5).

Clause 2 of the bill contains provisions inconsistent with article 3 read together with article 4 (b) of the constitution, and as such may be enacted only by the special majority required by article 82 (5) 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 41 (a, 6) and 41 (b, 4) in clause 2 are suitably amended to remove the deeming provisions set out therein.

Clause 3 of the bill contains provision inconsistent with article 3 read together article 4 (b) and as such may be enacted only by the special majority required by article 82 (5) and upon being approved by the people at a referendum by virtue of article 83.

However, the necessity of a referendum shall cease a) if the proposed articles 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 with ‘the president acting in consultation with the prime minister, and

b) if provisions of articles 47 (2), 47 (2a) are restored in proposed article 47 (2) in clause 3. (Colombo/Sep06/2022)

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