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Tuesday, May 7, 2024

Constitutionality of “Coronavirus Disease 2019 (COVID-19) Bill” challenged in Court

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A Special Determination petition challenging the constitutionality of the Bill titled “Coronavirus Disease 2019 (COVID-19) (Temporary Provisions)” has been filed before the Supreme Court.

Attorney-at-Law Aruna Laksiri had filed this petition seeking a declaration that certain clauses of the Bill require the approval by people at a referendum and require a two-thirds majority in Parliament.

The petitioner stated that the Bill titled “Coronavirus Disease 2019 (COVID-19) (Temporary Provisions)” Bill was published in a gazette notification issued on May 20, 2021 and has been placed on Order Paper of the Parliament on June 8, 2021.

Aruna Laksiri had filed this Special Determination petition in terms of Article 121 of the constitution claiming that powers have been incorrectly concentrated on the Minister in certain instances, despite the fact that the Bill is critically important in the current scenario.

The petitioner said Section 3 and section 11 of the Bill are contrary to Articles 3, 4 (d), 12(1) and 106 of the Constitution. The petitioner said the provision of the Bill under section 3.1 to assign alternative courts where a Court cannot function due to Covid-19 circumstances is contrary to the constitution.

This petition is to be taken up for hearing before the Supreme Court today (17).

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