Govt. to proceed with 22A sans referendum: Justice Minister

Wednesday, 7 September 2022 01:16 - - {{hitsCtrl.values.hits}}

Minister Wijeyadasa Rajapakshe says steps will be taken to avoid referendum
Says Govt. will adhere to SC determination and implement proposed revisions
SC found certain provisions of Clause 2 and 3 inconsistent with Constitution

Justice Minister Dr. Wijeyadasa Rajapakshe

Justice Minister Dr. Wijeyadasa Rajapakshe says the Government will take steps to proceed with the 22nd Amendment to the Constitution while avoiding a referendum. He also said the Government will also however adhere to the proposed changes in the Supreme Court decision.

Speaker Mahinda Yapa Abeywardena yesterday announced to Parliament the determinations of the Supreme Court on the 22A draft Bill. He said the Supreme Court has said that the Bill entitled 22nd Amendment complies with the provisions of Article 82 (1) of the Constitution.

He said the Supreme Court had therefore ruled the 22A can be adopted with a two-thirds majority in Parliament though some clauses will require it to be passed with a special majority in Parliament and a nationwide referendum as they were inconsistent with the Constitution.

Clause 2 of the bill contains provisions that are inconsistent with Article 3 read together with Article 4 (b) of the Constitution he said, adding that as such, it can only be enacted by a special majority required by Article 82 (5) and upon being approved by the people at referendum by virtue of

Article 83.

But the Speaker also said a referendum will be unnecessary if the proposed Articles 41 (a), 41 (A6), and 41 (b4) in Clause 2 are suitably amended to remove the deeming provisions set out.

The Speaker also said the Supreme Court had found Clause 3 of the Bill contains provisions inconsistent with Article 3 read together with Article 4 (b) of the Constitution requiring a special majority vote and a referendum as well.

But he added, if the proposed Articles 44 (2), 44 (3), 45 (1), 46 (1), 43 (7a), 48 (3), and 50 in Clause 3 are suitably amended by deleting the reference “the President acting on the advice of the Prime Minister” and replacing it with “the President acting in consultation with the Prime Minister” the need for a referendum would cease.

The draft Bill on the 22nd Amendment is aimed at empowering Parliament over the Executive President. The Bill was approved by the Cabinet and gazetted last month. The 22nd Amendment is expected to replace the 20A adopted by the Government of former President Gotabaya Rajapaksa.