News
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.
The Sri Lanka Navy successfully recovered its Fast Attack Craft P 4447 following a successful salvage operation, bringing a multi-stage emergency response to a close.
The craft, which ran into distress during a routine patrol on 15th August 2026 off Angulana, was brought to the surface on 11th September, from a depth of approximately 80 feet. It was
subsequently towed to the Colombo Dockyard premises.
The initial phase of the operation immediately following the incident focused on search and rescue. A joint effort involving the Navy, Air Force, Police, and local fishermen from Angulana
resulted in the rescue of 11 crew members. The search and rescue phase drew to a close with the recovery of the remains of the Second in Command of the craft, on 4th September.
Following the search and rescue phase, specialized Navy diving and salvage teams launched a dedicated recovery phase against rough sea conditions and underwater challenges, adhering to
strict safety protocols. The Navy’s marine, hull, electrical, and electronic engineering teams utilized specialized technical know-how and equipment to raise the vessel in stages.
Thus, the salvage operation marked an outstanding achievement attained through the professionalism, technical expertise of Navy divers, and coordinated contribution of all
engineering and technical branches of the Sri Lanka Navy. Technical support and specialized expertise were also extended by the Sri Lanka Ports Authority and Colombo Dockyard PLC.
By Shamindra Ferdinando
The Opposition should intensity its focus on the forthcoming selection of a member of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and remain vigilant as Speaker Dr. Jagath Wickremaratne, MP, the head of the Constitutional Council (CC) tasked with making the relevant recommendation, is under investigation by the CIABOC, sources familiar with the ongoing inquiry told The Island.
Chethiya Goonasekara, PC, is expected to complete his three-year term on Dec 31, 2026. Sources pointed out that CIABOC Commissioners are appointed by the President on the recommendation made by the 10-member Constitutional Council.
The CIABOC initiated the investigation following a complaint lodged by suspended Chief of Staff and Deputy Secretary General of Parliament Chaminda Kularatne in early February this year. Sources said that as Goonasekera is scheduled to complete his term toward the end of 2026, the CC would have to call applications soon to choose the successor.
Goonasekara received his appointment from President Ranil Wickremesinghe in January 2024. A Justice W. M. N. P. Iddawala was appointed Chairman of the CIABOC. The other commissioner is K. Bernard Rajapakse.
Asked whether Iddawala and Rajapakse, too, would complete their terms soon, sources said that in terms of the Anti-Corruption Act No 09 of 2023, the Chairman of CIABOC would hold office for a period of five years, second commissioner (K. Bernard Rajapakse) for four years and the third commissioner (Chethiya Goonasekara) for a period of three years.
Sources said that the Opposition as well as civil society representatives in the CC should take up the issue of Speaker facing an investigation by the CIABOC taking part in the forthcoming selection process. Responding to queries, sources emphasized that the issue was whether in terms of Section 107 of the Anti-Corruption Act the participation of the Speaker in the selection process amounted to a violation of the Act itself.
The current members of the CC are Dr Jagath Wickramaratne, Speaker and Chairman of the Constitutional Council, Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, MP, Aboobucker Athambawa, MP, Ajith P. Perera, MP, Sivagnanam Shritharan, MP, Austin Fernando, Civil society representative, Prof. Wasantha Seneviratne, Civil society representative and Ranjith Ariyaratne, Civil society representative.
Sources pointed out that in spite of the sensitivity of the case, the CIABOC recorded Kularatne’s statement in the second week of August, six months after he lodged the complaint.
The CIABOC on 3, 8 and 10 Sept recorded the statements from the Transport Officer, Deputy Director, Administration and Assistant Director, Finance regarding the use of facilities by the Speaker, those assigned to his staff and other relevant matters.
The NPP named Dr. Wickramaratne as the Speaker after Asoka Ranwala resigned over controversy regarding his higher education qualifications.
SJB lawmaker Dayasiri Jayaskera has repeatedly raised the issues concerning the Speaker with the focus also on the Speaker using two government-managed residences, relevant staff in addition to expenditure on food, transport and fuel provided to the Speaker’s private secretary.
Political sources said that trouble erupted after the Parliamentary Staff Advisory Council in late January sacked Kularatne accusing him of providing false information to secure his appointment. Before being appointed as the Deputy Secretary-General of Parliament in 2023, Kularatne held several high-ranking positions, including Secretary to the Chief Government Whip, Additional Secretary to the President, Additional Secretary to the Prime Minister, and Additional Secretary to the Leader of the Opposition.
The SJB declared in Parliament that Ranwala should be brought back as the Speaker as they have no faith in Wickramaratne. MP Mujibur Rahuman jokingly told parliament that the Opposition wouldn’t raise Ranwala’s educational qualifications.
The Government Medical Officers’ Association (GMOA) has stressed the need to conduct a comprehensive countrywide cadre revision urgently.
GMOA spokesman Dr. Lasitha Dhammika told The Island that the failure on the part of successive governments to conduct cadre revision caused the deterioration of the public sector health services. Due to the absence of required statistics, they hadn’t been able to fully comprehend the situation on the ground and to ascertain the requirements of the public.
Dr. Dhammika pointed out the expansion of the services without supporting statistics and the need to initiate an immediate cadre revision. According to him, the GMOA had raised this issue with successive governments without success. The GMOA spokesman said that they also sought relevant information from the Health Ministry in terms of the Right to Information (RTI) Act two weeks ago but was yet to receive response.
(SF)
Fast Attack Craft P 4447 recovered in successful salvage operation
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