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.”