News
Bid to have 14-A abolished: Special Supreme Court Bench sought to hear case
By Shamindra Ferdinando
Public interest litigation activist Nagananda Kodituwakku has requested the Supreme Court to declare 14th Amendment to the Constitution void ab initio and has no force in law. This move has come while a high profile project is underway to introduce a new Constitution,
A nine-member group led by eminent President’s Counsel Romesh de Silva is engaged in formulating a new draft Constitution.
The Supreme Court has been moved in terms of Articles 82 (6), 125 and 126 of the Constitution against the 14th Amendment enacted during J. R. Jayewardene’s tenure as the President. The 14th Amendment dealt with the National List introduced by President Jayewardene ahead of the 1989 parliamentary election.
Attorney-at-law Kodituwakku has initiated action in his capacity as the General Secretary of the Vinivida Peramuna, an unregistered political party.
The petitioner also challenged the appointment of Ven. Athureliye Rathana Thera and UNP leader Ranil Wickremesinghe on the National Lists of Ape Jana Bala Pakshaya and the UNP, respectively.
Kodituwakku has requested the appointment of a Special Bench in terms of Article 132 (3) (iii) to hear his application which the civil society activist described as a matter of public and national importance.
When The Island pointed out that the petitioner hadn’t been successful in a previous case filed in the Supreme Court against National List appointments made following the 2015 general election, Kodituwakku emphasised the court was moved (SC/Writs/05/2015) in terms of the Article126 of the Constitution. The SC declined to issue notice on the respondents on the basis that relief sought in the petition couldn’t be granted in a Writ Application, Kodituwakku said. However, taking into consideration the SC denial and the subsequent developments, the latest application had been made in terms of Articles 82 (6) 125 & 126 of the Constitution, the lawyer said.
Among the 12 respondents are former Chairman of the Election Commission Mahinda Deshapriya now Chairman of the Delimitation Committee , Deshapriya’s successor lawyer Nimal Punchihewa, the then General Secretary of the UNP Akila Viraj Kariyawasam and Ven. Wedinigama Wimalatissa , General Secretary , Ape Jana Bala Pakshaya.
Kodituwakku in his petition has pointed out that both Ven. Rathana and Wickremesinghe received appointments through the National List after being rejected by the people of Gampaha and Colombo districts, respectively. The UNP and Ape Jana Bala Pakshaya are represented by an MP each through the National List. Both parties failed to win seats. The Parliament consists of 196 elected and 29 appointed members.
The petitioner argued that the General Secretaries of the UNP and Ape Jana Bala Pakshaya had acted contrary to the supreme law of the land, the Constitution. The Constitution clearly specified that National List nominations should be presented to the Election Commission within one week after receiving notice by the Party Secretaries from the Election Commission, lawyer Kodituwakku said.
The petitioner said that even the 99 A (part of 14 A) that dealt with National List appointments had been fraudulently included by the then Speaker E. L. Senanayake.
According to the petition filed by lawyer Kodituwakku, Article 99A had been introduced through the 14th Amendment to the Constitution which was debated and passed in the Parliament on 04th May 1988. The petitioner said 14th amendment had been the result of the Parliamentary Select Committee on Franchise and Election which was appointed by the Speaker on 08th July 1983. The final product of the report of the said Select Committee had been submitted to the Parliament on 08th March 1988 after 5 years of deliberations. And the petitioner stated that Article 99A introduced by the said 14th Amendment Bill was a verbatim of the Article 99A approved by the Select Committee in which there was no provision at all for nominations of any person outside the names published under Article 99A which had been confirmed by the Chairman of the Select Committee, Ranasinghe Premadasa, the, then Prime Minister, who presented the 14th Amendment Bill to the parliament on 03rd May 1988 with the following statement made in the house.
“… Orders have been issued to the Government Printer to print it as a Sessional Paper No 109 of 1988. This Report will include a verbatim record of the proceedings of the Committee. The names of the party nominees are
known beforehand. In fact, their names are published in the Gazette immediately after the closing of nominations. Therefore, the voters are aware of the identity of the candidates of the different Parties who are to be elected as National List Members …”
Lawyer Kodituwakku said that it would be pertinent to mention what exactly Ranasinghe Premadasa presented to parliament.
“… Where a recognized political party or independent group is entitled to any seat under such apportionment, the Commissioner of Elections shall require the secretary of such recognized political party or group leader of such independent group to nominate persons qualified to be elected as Members of Parliament, to fill such seats and shall declare elected as Members of Parliament, the persons so nominated…”
The Petitioner stated that the aforementioned objective has been completely done away with the clause fraudulently inserted to the Article 99A of the Constitution, which is reproduced below with the relevant section interpolated, shown within bracket. This added clause permitted the Secretaries of the Political Parties to nominate even the defeated candidates at the General Election, through the National List.
“… Where a recognized political party or independent group is entitled to a seat under the apportionment referred to above, the Commissioner of Elections shall by a notice, require the secretary of such recognized political party or group leader of such independent group to nominate within one week of such notice, persons qualified to be elected as Members of Parliament (being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or in any nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats and shall declare elected as Members of Parliament, the persons so nominated…”
Lawyer Kodituwakku alleged at the Committee Stage (1988) there had been no amendment made to the composition of 29 National List MPs proposed by Article 99A of the Constitution and it was duly passed by the Parliament on 04th May 1988. And yet the Bill so duly passed by the Parliament hadn’t been certified by the Speaker E. L Senanayake and on 24th May 1988 instead, Senanayake had certified a Bill, which contained completely different Article 99A which was not adopted by the Parliament on 04th May 1988.
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Flood warning issued to the Divisional Secretariat Divisions of Ganga Ihala Korale, Udapalatha, Doluwa, Udunuwara, Yatinuwara, Gangawata Korale, Harispattuwa, and Pathadumbara
Due to heavy rainfall received in the upper catchment areas of the Mahaweli River over the past few hours, there is a risk of minor flooding in the low-lying areas surrounding the Mahaweli River within the Divisional Secretariat Divisions of Ganga Ihala Korale, Udapalatha, Doluwa, Udunuwara, Yatinuwara, Gangawata Korale, Harispattuwa, and Pathadumbara.Residents living in the above mentioned areas and motorists using roads passing through these areas are urged to exercise extreme caution and remain highly vigilant regarding the prevailing situation.
Furthermore, residents living in close proximity to the Mahaweli River in these areas are advised to remain highly alert to the situation and take all necessary precautions to protect themselves from any potential flooding.The relevant disaster management authorities are requested to take all necessary measures in response to this situation.
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Landslide Red Alerts issued to the districts of Kandy, Kegalle and Nuwara Eliya
The National Building Research Organisation [NBRO] has issued landslide Red Alerts to the districts of Kandy, Kegalle and Nuwara Eliya effective from 14:00 hrs on 20.09.2026 To 14:00 hrs on 21.09.2026
Accordingly,
LEVEL III [RED] Land Slide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Pasbage Korale in the Kandy district, Dehiowita, Aranayake, Deraniyagala, Mawanella and Yatiyanthota in the Kegalle district and Kothmale West, Kotmale East, Ambagamuwa and Norwood in the Nuwara Eliya district
LEVEL II [AMBER] Land Slide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Padukka in the Colombo district, Nagoda, Thawalama and Neluwa in the Galle district, Bulathsinhala, Palindanuwara, Walallawita and Agalawatta in the Kalutara district, Ganga Ihala Korale in the Kandy district, Bulathkohupitiya and Kegalle in the Kegalle district, Akuressa and Pitabeddara in the Matara district, Thalawakele in the Nuwara Eliya district and Pelmadulla, Ratnapura, Ayagama, Kuruwita and Ratnapura in the Ratnapura district.
LEVEL I [YELLOW] Land Slide early warnings have been issued to the Divisional Secretaries Divisions and surrounding areas of Seethawaka in the Colombo district, Niyagama and Baddegama in the Galle district, Mirigama in the Gampaha district, Ingiriya in the Kalutara district, Udapalatha and Yatinuwara in the Kandy district, Galigamuwa, Warakapola and Ruwanwella in the Kegalle district, Kotapola, Pasgoda and Athuraliya in the Matara district, and Eheliyagoda, Kalawana and Elapatha in the Ratnapura district.
News
Development projects can deliver results to the people more quickly when the political authority and the public service work together towards a common goal – PM
Prime Minister Dr. Harini Amarasuriya stated that development projects can deliver results to the people more quickly when the political authority and the public service work together towards a common, people-oriented objective.
The Prime Minister made these remarks while participating in a discussion held on Friday [September 18] at the Western Province Council Auditorium to review the progress of the development project to rehabilitate Rathmalana Kandawala Road and the drainage system on either side of the road, within the Dehiwala–Mount Lavinia Municipal Council limits in the Colombo District.
The project, which commenced on September 10, 2026, is scheduled to be completed before June 30, 2027. Implemented by the Provincial Road Development Authority (PRDA), the project includes the construction of a bridge at a cost of Rs. 64 million, the rehabilitation of the drainage system at a cost of Rs. 930 million, and the rehabilitation of the road at a cost of Rs. 115 million.
The Prime Minister also paid special attention to the progress of the responsibilities assigned to the Western Province Council, the Irrigation Department and the Ratmalana Divisional Secretariat in accordance with decisions taken at the previous committee meeting. Attention was also given to the current status of the plans being carried out by the Sri Lanka Land Development Corporation (SLLRDC), as well as the construction and maintenance activities being undertaken by the Provincial Road Development Authority (PRDA).
Commending the expedite and commendable progress of the project, the Prime Minister particularly appreciated the commitment demonstrated by officials of the relevant government institutions to work in close coordination with one another and in collaboration with the political authority.
The Prime Minister also emphasised the importance of taking measures well in advance to control flooding and minimise its impact on Colombo and several other districts in view of the rainy weather that may affect the Western Province during the latter part of this year.
The meeting was attended by the Chairman of the Colombo District Coordinating Committee and Member of Parliament Lakshman Nipuna Arachchi, Chairperson of the Ratmalana Divisional Coordinating Committee and Member of Parliament Samanmalee Gunasinghe, Chairman of the Roads Sub-Committee of the Colombo District Coordinating Committee Dewananda Suraweera, Mayor of the Dehiwala–Mount Lavinia Municipal Council Parakum Shantha, Chief Secretary of the Western Province K.G. Pradeep Pushpakumara, along with a number of government officials.
[Prime Minister’s Media Division]
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