News
SC rules certain clauses in LG polls Bill inconsistent with Constitution
In its current form, it requires special majority for passage
Speaker Dr. Jagath Wickramaratne yesterday informed the Parliament that certain clauses in the Local Authorities Elections (Special Provisions) Bill were inconsistent with the Constitution.
The Speaker further said those sections required a special majority for passage.
The Supreme Court has determined that the Bill could be passed by a simple majority if the amendments proposed to the Bill by the Supreme Court are incorporated into it, the Speaker said.
Full text of the Speaker’s announcement: I wish to announce that I have received the determination of the Supreme Court on the Bill titled “Local Authorities Elections (Special Provisions)” challenged in the Supreme Court under Article 121 (1) of the Constitution, which had been heard before a bench of three Judges.
Accordingly, two Judges constituting the majority of the bench held that: The Bill read as a whole and, in particular, Clauses 2 and 3 is inconsistent with Article 12(1) of the Constitution and can be only passed with the special majority required under paragraph (2) of Article 84.
The remaining Judge of the bench had held that: The Bill as a whole or any provision thereof is not inconsistent with the provisions of the Constitution and may be enacted with a simple majority of Parliament.I order that the full determination of the Supreme Court be printed in the official report of today’s proceedings.”
Approval has been granted at the Cabinet meeting held on 22.07.2024 to publish the draft bill of State Assets Management Act in the government gazette notification and thereby present it to the Parliament for its concurrence.
However, the draft bill couldn’t be passed in Parliament as a result of the Parliament being dissolved in the month of October 2024.
Thereafter, the draft bill was subject to further inspection by a
committee appointed which comprised of officials and authorities on the subject.
The said Committee has recognized the amendments to be made and a fundamental draft has been prepared including the proposed amendments.
Accordingly, the Cabinet of Ministers approved the resolution furnished by the President in his capacity as the Minister of Finance, Planning and Economic Development to suspend further activities regarding the draft bill of State Assets Management Act published in the extraordinary gazette of 02.08.2024, and to direct the Legal Draftsman to prepare a draft bill based on the fundamental draft prepared by the subject specialists’ committee.
Considering the compliance of the Cooperative Societies’ operations with the concurrent socio – economic circumstances as well as the changes in the common law, the requirement of amending the Cooperative Employees Commission Act No. 12 of 1972 has been recognized.
A fundamental draft including proposed amendments based on the experience gained by that Commission as well as the opinions and proposals of Cooperative societies, their director board members, cooperative employees and other interested parties has been prepared.
Accordingly, the Cabinet of Ministers granted approval to the resolution furnished by the Minister of Trade, Commerce, Food Security and Cooperative development to provide instructions to the Legal draftsman to prepare a draft bill to amend the Cooperative Employees Commission Act No. 12 0f 1972, based on the said fundamental draft.
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