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SC: Some sections of SJB’s draft 21-A inconsistent with Constitution
The Supreme Court has determined that some sections of the draft bill by the SJB, titled 21st Amendment to the Constitution, are inconsistent with the Constitution, and they are required to be passed by the people at a referendum if they are to become law.
Speaker Mahinda Yapa Abeywardena, announcing the Supreme Court determination on the draft bill had said that several sections thereof were inconsistent with the Constitution.
The sections in question needed a referendum besides a two-thirds majority for passage, he said.
The Speaker’s announcement in full: “I wish to inform Parliament that I have received the Determination of the Supreme Court in respect of the Bill titled “Twenty First Amendment to the Constitution” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.
“The Supreme Court has made the following Determination:—
(i) Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 23, 24, 26, 27, 28 and 36 of the Bill contain 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 84 (2) and upon being approved by the People at a Referendum by virtue of Article 83;
(ii) Clauses 2, 3 and 4 of the Bill are inconsistent with Article 3 read together with Article 4(e) of the Constitution and as such may be enacted only by the special majority required by Article 84(2) and upon being approved by the People at a Referendum by virtue of Article 83;
(iii) Clause 14 of the Bill as it presently stands is inconsistent with
Article 3 read together with Article 4(b) and as such may be enacted only by the special majority required by Article 84(2) and upon being approved by the People at a Referendum by virtue of Article 83.
However, the necessity for a Referendum will cease if the proposed Article 41A (1) provides for the President to appoint one person as a member of the Council as his nominee and if the proposed Article 41A (6) is suitably amended to remove the deeming provision set out therein;
(iv) Clause 19 of the Bill is 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 84(2) and upon being approved by the People at a Referendum by virtue of Article 83;
(v) Clause 30(a) of the Bill seeks to limit the judicial power of the people, and therefore is inconsistent with Article 3 read together with Articles 4(c) and 4(e) of the Constitution and as such may be enacted only by the special majority required by Article 84(2) and upon being approved by the People at a Referendum by virtue of Article 83;
(vi) Clause 39 of the Bill in so far as it seeks to repeal Article 129(1) of the Constitution is inconsistent with Article 3 read together with Article 4(c) of the Constitution and as such may be enacted only by the special majority required by Article 84(2) and upon being approved by the People at a Referendum by virtue of Article 83;
(vii) Clause 43 of the Bill is inconsistent with Articles 2 and 3 read together with Article 4(b) of the Constitution and as such may be enacted only by the special majority required by Article 84(2) and upon being approved by the People at a Referendum by virtue of Article 83;
(viii) Clause 51 of the Bill seeks inter alia to introduce Chapter XIX-C titled National Security Council of which the Prime Minister is to be the Chairperson. The proposed Articles 156J (1) and 156J (2) are inconsistent with Articles 1, 2 and 3 read together with Article 4(b) of the Constitution and as such may be enacted only by the special majority required by Article 84(2) and upon being approved by the People at a Referendum by virtue of Article 83. However, such inconsistency would cease if the proposed Articles 156J (1) and 156J (2) are amended to change the composition of the proposed National Security Council and make the President, the Chairperson of the proposed Council.
News
Measures taken to promote integrity in State Revenue Collection Institutions reviewed
A discussion on the functioning of the Internal Affairs Units established within state institutions and the implementation of the National Anti-Corruption Action Plan 2025–2029 was held at the Presidential Secretariat on 29 May under the patronage of the Secretary to the President Dr Nandika Sanath Kumanayake. The meeting focused on advancing Sri Lanka’s anti-corruption efforts, particularly within key revenue-generating and revenue-collecting institutions, namely the Sri Lanka Customs, the Inland Revenue Department, and the Department of Excise.
During the discussion, the measures currently being implemented to strengthen anti-corruption initiatives and foster a culture of integrity within these institutions were reviewed. Attention was also given to future initiatives aimed at further reinforcing ethical governance and promoting a stronger culture of integrity across these organisations.
The meeting was attended by Additional Secretary to the President Ms Chandima Wickramasinghe, Director General of Customs W. S. K. Liyanagama, Commissioner General of Inland Revenue R. P. H. Fernando, and Commissioner General of Excise M. B. N. A. Pemarathna, together with the heads of the Internal Affairs Units of the respective institutions.
(PMD)
News
India should be kept out of PC polls, matters related to 13 A – Mano
Leader of the Tamil Progressive Alliance (TPA), Mano Ganeshan, MP, said that India shouldn’t intervene here regarding the long-delayed Provincial Council polls.
The former Yahapalana Minister of National Co-existence, Dialogue and Official Languages (2015-2018), Ganeshan, who represents the main Opposition Samagi Jana Balawegaya (SJB) in the current Parliament, stressed that New Delhi’s intervention wouldn’t do any good for them or for us.
Lawmaker Ganeshan said so when The Island asked him whether the TPA would ask India to pressure the NPP government to conduct PC polls, last held in 2014, during Mahinda Rajapaksa’s second term. Ganeshan said: “India shouldn’t get involved in the issue at hand . Such a strategy is also in their interest, particularly in the context of the evolving global order. India should not be perceived as a pro-Tamil state, but rather as a state that supports Sri Lanka as a whole.”
Ganeshan said that the Indian state bears a moral responsibility in this matter. “That responsibility arises from the fact that India’s diplomacy and military intervention played a decisive role in neutralising the Tamil armed struggle in Sri Lanka. Although India’s mission remained unfinished, it nevertheless lost nearly two thousand soldiers in the process. There was also a prelude to this involvement, when Tamil militant groups received training in India. Consequently, the Indian connection became a sensitive issue for both the Sinhalese and Tamils of Sri Lanka.”
But, whatever had happened, the national issue should be settled among us. ” The solution must be found and settled within Sri Lanka itself. We do not need Western interventions in this regard.”
” In recent years, whenever we in the Tamil Progressive Alliance (TPA) have met Indian dignitaries—including the Prime Minister, the External Affairs Minister, and, most recently, the Vice President—the subjects of the 13th Amendment and Provincial Councils have never featured on our agenda.”
The 13th Amendment is part of Sri Lanka’s Constitution. Therefore, it is for Sri Lankans themselves to decide whether to retain, improve, fully implement, reform, or even repeal it, Ganeshan said.
MP Ganeshan found fault with those who represented the Northern and Eastern provinces for failing to utilise the goodwill and influence India enjoyed with successive Governments of Sri Lanka to pursue an amicable political settlement. The parliamentarian said that they should acted after the end of the war in May, 2009. Unfortunately, they failed to effectively use the Provincial Council framework to consolidate their political position and advance further, thereby earning the confidence of both India and successive Sinhala-majority governments, MP Ganeshan said.
Responding to another query, MP Ganeshan said: “
We should keep the ethnic issue separate from bilateral relations with India, while deepening economic connectivity and cooperation on the basis of mutual benefit and a win-win partnership.”
By Shamindra Ferdinando
News
US boost for SLAF
Sri Lanka has taken delivery of 10 TH-57 ‘Sea Ranger’ multi-role helicopters provided by the United States of America to the Sri Lanka Air Force. Air Forces headquarters said that the helicopters arrived here by sea.
The SLAF has said: “The arrival of these aircraft marks a significant milestone in the longstanding defence cooperation between Sri Lanka and the United States and represents a valuable contribution towards enhancing the operational and training capabilities of the Sri Lanka Air Force.
“The helicopters are currently undergoing configurations and technical preparations at SLAF Base Ratmalana. Following the completion of requisite inspections, acceptance procedures and test flights, the aircraft will be inducted into service and deployed for operational duties.
“The TH-57 fleet is expected to significantly strengthen the Air Force’s aviation training capacity while enhancing the ability to support a broad spectrum of national requirements. The aircraft will primarily be employed for pilot training, humanitarian assistance and disaster response (HADR) operations, search and rescue (SAR) missions and other public service commitments undertaken by the Sri Lanka Air Force.”
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