32 C
Colombo
Monday, April 22, 2024

22A: Supreme Court says certain clauses need Special Majority and Referendum

Must read

Sri Lanka’s Supreme Court has determined that the Bill entitled 22nd Amendment to the Constitution complies with a provisions of the constitution, however, certain Clauses need to be enacted only by the Special Majority pon being approved by the people at 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.

More articles

Latest article