RTI bill needs two thirds majority: SC

Wednesday, 4 May 2016 00:59 - - {{hitsCtrl.values.hits}}

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.