Supreme Court flags Constitutional violations in Electricity (Amendment) Bill

Tuesday, 1 July 2025 02:19 - - {{hitsCtrl.values.hits}}

The Supreme Court has ruled that several clauses of the proposed Sri Lanka Electricity (Amendment) Bill are inconsistent with the Constitution, requiring either a special Parliamentary majority or approval via a public referendum, unless amended.

Deputy Speaker of Parliament Dr. Rizvie Salih announced the determination, delivered to the House yesterday during a special session.

According to the Supreme Court’s determination, the Supreme Court determined that several clauses would require approval by a special majority in Parliament as well as a public referendum in order to be enacted in the current form.

Dr. Salih clarified that the Constitutional inconsistencies identified by the Supreme Court could be resolved if the relevant clauses are amended in line with the Court’s recommendations.

The determination follows petitions filed under Article 121(1) of the Constitution challenging the Bill’s legality.

Key findings from the Supreme Court include:

Clause 8(2) shall be amended suitably to provide that the members of the committee referred to therein shall be liable under the Anti-Corruption Act, No. 9 of 2023.
Clause 13 (1) (c) is violative of Article 3 of the Constitution, and requires it to be passed by a special majority of Parliament, and be approved by the people at a referendum. However, the said violation shall cease if this clause is amended as set out in the summary of the determination of the Supreme Court.
Clause 13 (1) (b) is vague and arbitrary as it does not contain any provision relating to the transfer of employees and their right as employees during the second stage of unbundling. Therefore, the clause is violative of Article 12 (1) read with Article 14 (1) (g) of the Constitution. And this clause shall only be passed by the special majority required under Article 84 (2). The said violation shall cease if this clause is amended as set out in the summary of the determination of the Supreme Court.
Clause 13 (12) is in violation of Articles 12 (1) and 14 (1) (g) of the Constitution. The said violation shall cease if this clause is amended as set out in the summary of the determination of the Supreme Court.