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SJB insists referendum necessary besides 2/3 majority in Parliament

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Supreme Court moved against 20A

By Chitra Weerarathne

General Secretary of the Samagi Jana Balavegaya Ranjith Madduma Bandara, MP, yesterday (23) filed a petition in the Supreme Court stating that the proposed 20th Amendment (20A) to the Constitution was inconsistent with the Constitution. It requires a two-thirds majority in Parliament and approval by people at a referendum for passage, the SJV has argued.

The SJB says 20A violates people’s sovereignty and franchise enshrined in Article (3) and (4) of the Constitution.

The petitioner has argued that the provisions in clause 55 of the Bill are inconsistent with the public trust doctrine and the principle of checks and balances and would prejudicially affect public finance.

 The clause 54 of the Bill seeks to repeal Article 156 A of the Constitution, which provides constitutional recognition to the Commission to Investigate Allegations of Bribery or corruption, the petition says.

 The petition says 20A seeks to repeal the prohibition on dual citizens being elected to Parliament and to the post of President.

The power of the Auditor General to audit the state institutions has been curtailed, the petition says, arguing that it could be detrimental to the economy.

It will be detrimental to the country if the Constitutional Council is replaced by a Parliamentary Council, the SJB General Secretary’s has contended in his petition.

Clause 20 (2) of the proposed 20A has restricted the powers of the Election Commission as regards the conduct of elections, the petitioner has argued.

The 20A states that an omission by the President could no longer be challenged through a fundamental rights violation petitions in the Supreme Court, the petitioner has said, adding that the Bill seeks to further enhance the powers of the President by allowing him to unilaterally remove the Prime Minister. The President would not be accountable to Parliament, the petition says.

The 20A would repeal Article 70/ (1) of the Constitution and enable the President to dissolve Parliament even immediately after a general election, the SJB General Secretary argues.

The respondent to the petition is the Attorney General.



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United Republic Front presents ‘A united step for the country’ to the President

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Leader of the United Republic Front Member of Parliament Patali Champika Ranawaka, presented the proposal titled “A United Step for the Country” to President Ranil Wickremesinghe , at ‘Srikota’, the United National Party headquarters in Colombo this morning (24).

Speaking at the event President Ranil Wickremesinghe, highlighted the government’s concerted efforts over the past two years to stabilize the country’s economy, which had faced significant challenges. Stressing the government’s commitment to steering the economy towards recovery through strategic reforms, the President expressed his determination to continue these initiatives with the collective support of everyone.

Recalling his open invitation to all political parties to unite under a common agenda for the country, regardless of political differences, the President reiterated his willingness to embrace constructive proposals from all political parties as part of the nation-building efforts.

The President responded positively to the request made by Member of Parliament Patali Champika Ranawaka to allow other political parties to participate in the upcoming negotiations with the International Monetary Fund (IMF) next month concerning the restructuring of foreign debt.

President Ranil Wickremesinghe, responding queries about the scheduling of elections, affirmed that the Presidential Election will proceed as scheduled, with the General Election anticipated to take place early next year.

 

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Opp. fears govt. discarding SC recommendations on ‘Anti-Terrorism’ Bill

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Prof. G. L. Peiris

Prof. Peiris highlights need for ex post facto judicial review

By Shamindra Ferdinando

Former External Affairs Minister Prof. G. L. Peiris, MP, said that Speaker Mahinda Yapa Abeywardena’s refusal to accept that Supreme Court recommendations hadn’t been accommodated in ‘Online Safety Act No 09 of 2024’, would undermine their faith in the committee stage of a particular Bill.

The dissident SLPP MP said so when The Island sought his opinion on the SC determination on the ‘Anti-Terrorism’ Bill.

Against the backdrop of the continuing controversy over the circumstances under which the Parliament enacted the ‘Online Safety Bill’, the Opposition was seriously concerned about the Wickremesinghe-Rajapaksa government adopting the same strategy in passing the ‘Anti-Terrorism’ Bill.

Prof. Peiris emphasised that the Speaker even ignored the Human Rights Commission advice that SC’s recommendations hadn’t been accommodated. The academic, who recently aligned himself with the SJB, said that the genuine Opposition shared his concerns.

Several parties challenged the ‘Anti-Terrorism’ Bill in the SC in terms of Article 121(1) of the Constitution. The determination of the SC as to the Constitutionality of the Bill concluded as—

(a) Clause 3, Clause 42, Clause 53, and Clause 70 of the Bill are inconsistent with Article 12(1) of the Constitution and required a special majority to be passed by Parliament.

(b) However, the SC stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.

(b) Clause 4 has to be suitably amended as per the Supreme Court Determination. Clause 72 (1) is unconstitutional and needs to be passed by a Special Majority and a Referendum. The unconstitutionality will cease if this Clause is amended as per the Determination of the Supreme Court.

(c) Correspondingly, Clause 72(2) must be amended in accordance with the Determination.

(d) Clause 75 (3) infringed the Article 4 (c) read with Article 3 of the Constitution and required 2/3 majority and a Referendum. The invalidity will cease 7 upon the amendments suggested in the Determination.

(f) Clause 83 (7) requires a special majority to be passed into law. It has to be suitably amended as per the Supreme Court Determination.

Further, the Supreme Court has determined that subject to the amendments that have adumbrated to the provisions of the Bill by the Supreme Court, the Bill could be enacted into law with a Simple Majority only if the amendments determined by the Supreme Court are introduced to the provisions.

Prof Peiris said that the crisis highlighted the need for ex post facto judicial review, for which there is at present no provision in Sri Lanka. The position is otherwise in countries like the USA and India where an Act of Parliament can be impugned, even after completion of the legislative process, on the ground of conflict with imperative provisions of the Constitution. Such provision existed in Sri Lanka prior to the First Republican Constitution of 1972.

The former minister said that in the draft Constitution Bill which he presented to Parliament on 3 August 2000 on behalf of the Government of President CBK, appropriate provision in this regard was included. “Unfortunately, the Constitution was burnt in the Chamber of Parliament. This gap in our law should be filled, in my view, when a comprehensive exercise in constitutional reform is undertaken by a new Administration after the conduct of national elections this year.”

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US Deputy Secretary of State Richard Verma visits Sri Lanka

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Deputy Secretary of State of the United States of America Richard Verma visited Sri Lanka from last Thursday to yesterday, the Ministry of Foreign Affairs said in a press release.

The visiting U.S. Deputy Secretary of State and delegation had extensive discussions with Foreign Minister Ali Sabry at the Ministry of Foreign Affairs on further strengthening bilateral cooperation. The U.S. Deputy Secretary of State also paid a courtesy call on President Ranil Wickremesinghe following the discussions at the Ministry of Foreign Affairs.

Foreign Minister Ali Sabry, while appreciating the humanitarian and emergency assistance granted by the U.S. to overcome the economic challenges encountered by Sri Lanka, welcomed the recent US$ 553 million development assistance extended by the U.S. International Development Finance Corporation to the Colombo West International Terminal Private Limited. He also appreciated the U.S. assistance in securing the Extended Fund Facility (EFF) from the IMF.

Foreign Minister Sabry briefed Deputy Secretary of State Verma on Sri Lanka’s priorities as Chair of the Indian Ocean Rim Association and the opportunities to foster collaboration in blue economy and maritime security in the region to promote freedom of navigation for all and for the facilitation of trade and commerce. He also apprised the Deputy Secretary of State of the Government’s efforts to further strengthen governance, democracy, and rule of law, as well as to combat corruption.

Deputy Secretary of State Verma while noting the encouraging progress in Sri Lanka following the economic downturn in the last two years, assured continuous U.S. assistance to the country towards economic prosperity.

The Deputy Secretary of State was accompanied by the U.S. Ambassador to Sri Lanka Julie Chung, senior officials from the White House National Security Council, U.S. Department of State, and the U.S. Department of Defence. Acting Secretary of the Ministry of Foreign Affairs Mohammed Jauhar and senior officials of the Foreign Ministry were associated with the Foreign Minister at the meeting.

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