Petitioner wants Divi Neguma approved through referendum

Thursday, 11 October 2012 00:29 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

An application was yesterday filed before the Supreme Court calling for the controversial Divi Neguma Bill to be passed by a two-thirds majority in Parliament as well as be approved by the people at a referendum.

Petitioner Chamara Madduma Kaluge, who is General Secretary of the Samurdhi Development Officers’ Union, cited the Attorney General as the Respondent in terms of the Constitution.

The Petitioner states the said Bill for the enactment of an Act was first placed on the Order Paper of the Parliament on 10 August. Several petitions were filed challenging the Bill at that stage, where the issue arose whether the said Bill was properly presented inasmuch as it had not been referred to the Provincial Councils as required in terms of the Constitution, the Petition stated.

The Supreme Court conveyed its ruling to the Speaker. The Supreme Court held that the Bill had been placed in the Order Paper of Parliament without compliance with the provisions of Article 154(G) of the Constitution and that no determination would be made at this stage on the other grounds.

Thus this pronouncement has clearly held that the initial placing of the Bill in the Order Paper was invalid and null and void, it maintains.

Thereafter, the President referred the Bill to all the Provincial Councils except the Northern Provincial Council and the same Bill was thereafter approved by the said Provincial Councils.

On 9 October, the Divi Neguma Bill was again tabled in the Order Paper of Parliament by way of a Revised Edition of the Order Paper.

Kaluge contends that the Bill is inconsistent with the Constitution and gives extensive reasons for this stance in the petition.