Minister of Justice, Prisons Affairs and Constitutional Reforms Wijeyadasa, Rajapakshe says the government will proceed to enact the 22nd Amendment to the Constitution avoiding a referendum.
However, the enactment of the constitutional amendment will adhere to the proposed variations in the determination by the Supreme Court, the lawmaker said further.
Announcing the Supreme Court’s determination on the draft constitutional amendment in the parliament this morning, Speaker Mahinda Yapa Abeywardena stated that some provisions of the Bill are inconsistent with the Constitution.
The Supreme Court concluded that the draft constitutional amendment should be passed by a special majority and a referendum or the clauses in question should be amended.
On an overall consideration of the provisions of the Bill, the Supreme Court made the following determination:
1. The Supreme Court states that the Bill complies with the provisions of the Article 82(1) of the Constitution and requires to be passed by the 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 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 for a Referendum shall cease if the proposed Articles 41A(6) and 41B(4) in Clause 2 are suitably amended to remove the deeming provision set out therein.
3. Clause 3 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 for a Referendum shall cease:
(a) If the proposed Article 44(2), the proviso to Article 44(3), Articles 45(1), 46(1), 47(3)(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;
(b) If the provisions of Article 47(2)(a) are restored in the proposed Article 47(2) in Clause 3. I order that the Determination of the Supreme Court be printed in the Official Report of today’s proceedings of the House.
