SC says some clauses of 22A inconsistent with the Constitution

September 6, 2022 at 10:41 AM

The Supreme Court has informed that certain clauses of the 22nd Amendment Bill are inconsistent with the Constitution of Sri Lanka, Speaker Mahinda Yapa Abeywardena announced today.

Addressing the Parliament, the Speaker announced the Supreme Court’s determination on the 22nd Amendment to the Constitution. 

He said the Supreme Court states that the Bill entitled 22nd Amendment complies with the provisions of Article 82 (1) of the Constitution. 

However, certain clauses do not comply with the Constitution and require it to be passed with a special majority as specified in Article 82 (5) of the Constitution. 

Clause 2 of the Bill contains provisions that are inconsistent with Article 03 read together with Article 4 (B) of the Constitution.

As such will it be enacted only by the special majority required by Article 82 (5) and upon being approved by the people at referendum by virtue of Article 83, he said. 

The Speaker said that, however, the necessity of a referendum shall cease if the proposed Articles 41 (A), 41 (A6), and 41 (B4) in Clause 2 are suitably amended to remove the deeming provisions set out therein. 

Clause 3 of the Bill contains provisions inconsistent with Article 3 read together with Article 4 (B) of the Constitution.

As such can be enacted only by a special majority required by Article 82 (5) and upon being approved by the people at referendum by virtue of Article 83.

However, the necessity of a referendum shall cease if the proposed Articles 44 (2), 44 (3), 45 (1), 46 (1), 43 (7A), 48 (3), and 50 in Clause 3 are suitably amended by deleting the reference the President acting on the advice of the Prime Minister and replacing it with the President acting in consultation with the Prime Minister.

Also, if provisions of Article 47 (2A) are restored as proposed in Article 47 (2) in Clause 3, he added.

The Speaker said that the Supreme Court has advised that the 22nd Amendment should be revised or could be passed with a special majority and a referendum. (NewsWire)