RTI bill needs two thirds majority: SC

By Ashwin Hemmathagama

 – Our Lobby Correspondent

The Supreme Court yesterday presented its determination on the Right to Information Bill, which  has  been  challenged in  the  Supreme  Court  in  terms  of  Article  121(1)  of  the Constitution. 

According to the Supreme Court determination, Clause 5 (1) (j) violates Articles 3, 4, 12(1) and 14A(2) of the Constitution, Clause 9 (2) (a) violates Articles 3, 4, 12(1) and 14 of the Constitution, and Clause  19  violates  Articles 3,  4,  12(1)  and  55  of  the Constitution.

Clauses 43(j) and 43(k) violate Articles 3, 4 and 14A of the Constitution and may  only  be  passed  by  the  special  majority  required under the provisions of Article 84(2) of the Constitution, in its present form, added the Supreme Court in its determination which was read by Speaker Karu Jayasuriya in Parliament. 

The Court  has  further  determined  that  the  inconsistencies  will  cease  to  operate,  and  the  Bill  may  be  passed  by  a  simple majority, if amendments are made to the aforesaid Clauses as directed by the Supreme Court.  The Speaker ordered the determination of the Supreme Court to be printed in the Official Report of yesterday’s proceedings.