Speaker criticises SC on delivering Divi Neguma decision

Wednesday, 10 October 2012 01:34 - - {{hitsCtrl.values.hits}}

By Ashwin Hemmathagama Our Lobby Correspondent

Speaker Chamal Rajapaksa yesterday criticised the delivery of the determination by the Supreme Court on the Divi Neguma Bill, sighting violation of functions attributed to the Speaker by the Constitution and failure to follow due compliance.

Addressing the House, Speaker stated that determination of the Supreme Court contains a “disturbing feature where tasks of the Speaker have been assigned to the Secretary General of Parliament.

This, in my understanding, is inconsistent with the provisions of Article 121 (1) of the Constitution relating to the office of the Speaker and also amounts to an amendment of the relevant provisions of the Constitution. On this occasion, there were three petitions filed in the Supreme Court challenging a Divi Neguma Bill. One of the petitioners addressed the petition to the Supreme Court and delivered a copy to the Secretary General of Parliament on 17 August 2012, whereas the Constitution has declared that it has to be delivered to the Speaker.”

Directing the Secretary General of Parliament to send a copy of his decision to President Mahinda Rajapaksa, the Judges of the Supreme Court, general public through the media and to publish in the Parliament website including the Hansard, the Speaker said: “I make a decision on this 9 October 2012, that in terms of Article 121 (1) of the Constitution a copy of a reference made by the President or petition by a citizen to the Supreme Court shall at the same time be delivered to the Speaker and not to the Secretary General of Parliament. Such a delivery to the Secretary General of Parliament shall not be treated by Parliament as due compliance with the terms of Article 121 (1) of the Constitution. In addition, it will be judicially noticed in terms of Section 9 of the Parliament (Powers and Privileges) Act.”

He pointed out that the Constitution could not function effectively if there was any encroachment or abridgement of the rights and privileges of Parliament. “We are obliged to maintain the spirit of goodwill between the Legislature and the Judiciary in the interests of the People and the Constitution.”

He went on to add that the Supreme Court had determined that delivering the petition to the Speaker was “mandatory, but the delivery is satisfied if the document is instead sent to the Secretary General of Parliament. That carries no guarantee of reaching the Speaker at the same time as the petition addressed to the Supreme Court. It takes away the element of certainty guaranteed in the Constitution by delivering it to the designated authority.”

The Divi Neguma Bill will provide for the establishment of Department of Divi Neguma Development by amalgamating the Samurdhi Authority of Sri Lanka established by Act No. 30 of 1995, Southern Development Authority of Sri Lanka established by Act No. 18 of 1996, the Udarata Development Authority of Sri Lanka established by Act No. 26 of 2005 enabling the establishment of Divi Neguma community-based organisations at rural level and to prove for a coordinating network at the district level and national level to establish Divi Neguma community-based banks and Divi Neguma community-based banking societies.