The Supreme Court of Sri Lanka has ruled that the 22nd Amendment to the Constitution Bill is constitutional; however, certain Clauses must be enacted only by the Special Majority after being approved by a popular vote.
The following is the decision made public by Speaker Mahinda Yapa Abeywardena:
- The Supreme Court rules that the bill is constitutional and must be approved by the Special Majority outlined in Article 82(5) of the Constitution.
Second, the bill’s clause 2 contains provisions at odds with Articles 3 and 4 (b) of the constitution, which can only be passed with the Special Majority outlined in Article 82 (5) and with the approval of the people in a referendum under Article 83.
However, if the deeming provisions in the proposed Articles 41 (a), 41 (a)(6), and 41 (b)(4) in clause 2 are appropriately amended, the need for a referendum will be eliminated.
Third, the bill’s clause 3 contains provisions that contradict Article 3 and Article 4 (b) of the constitution, and as such, can only be passed with the Special Majority outlined in Article 82 (5) and with popular approval through a referendum under Article 83.
However, if the proposed Articles 44 (2), 44 (3), 45 (1), 46 (1), 43 (7) (a), 48 (3), and 50 in Clause 3 are amended appropriately by removing the reference to “The President Acting on the advice of the Prime Minister” and replacing it with “The President acting in consultation with the Prime Minister,” the need for a referendum will be eliminated.
Restored proposed Article 47 (2), paragraph (a) if and only if Article 47 (2) (a) is reinstated.
Proposed Constitutional Amendment 22: Supreme Court Determination