Divi Neguma needs two-thirds majority and referendum to be passed in present form: SC

Wednesday, 7 November 2012 01:07 - - {{hitsCtrl.values.hits}}

12 clauses of the Bill inconsistent with the Constitution
SC holds with TNA on Northern Governor issue; says northern people cannot be discriminated against

The Supreme Court has ruled that the Divi Neguma Bill would require a Special Majority of two-thirds to be enacted into law, while Clause 8 of the draft legislation would require a two-thirds majority and a referendum before it can be deemed Constitutional.

Speaker of Parliament Chamal Rajapaksa informed Members of Parliament of the Supreme Court ruling on the controversial Divi Neguma Bill during Parliamentary sessions held yesterday. Subsequent to hearing the Court’s ruling, Economic Development Minister Basil Rajapaksa tabled the Divi Neguma Bill in parliament again.

Clause 8 (2) of the bill requiring both a two thirds majority and a referendum pertains to the Minister’s power to appoint Zonal heads of the department, the Supreme Court ruling said. According to the Supreme Court determination, 12 clauses of the Divi Neguma Bill are inconsistent with the Constitution.

UNP National List MP Eran Wickremaratne commenting on the ruling of the apex court quipped that with so many clauses in contravention of the Constitution, “they might as well change the Constitution instead”.

“In this case, the Government will use its steamroller majority to enact this legislation despite its inconsistency with the Constitution,” Wickremaratne said.

Meanwhile, the Supreme Court has held with petitioner and TNA Jaffna District MP Mavai Senathiraja on the issue of the Northern Governor’s ability to endorse the Divi Neguma Bill.

TNA Leader R. Sampanthan told the Daily FT that the Court had ruled that all eight other provinces and provincial councils have approved the bill and in the absence of a Northern Provincial Council, the Northern Governor who is an appointed official cannot sanction the bill.

“The Court ruled that the Northern Governor could not be a substitute for the provincial council. Since in all other provinces the people’s representatives have expressed their view, the northern people alone cannot be discriminated against,” the TNA Leader explained. (DB)