SC rejects request for full-bench hearing 22A petitions

Wednesday, 2 September 2026 00:00 -     - {{hitsCtrl.values.hits}}

 


 

  • Record 67 Special Determination petitions filed against proposed Constitutional amendment
  • Proceedings briefly interrupted to accommodate large gathering

The Supreme Court yesterday rejected a request for petitions challenging the proposed 22nd Amendment to the Constitution to be heard before a full bench, with the record 67 challenges set to proceed before the existing five-member bench headed by Chief Justice Preethi Padman Surasena.

The request was made by President’s Counsel M.A. Sumanthiran on behalf of a petitioner when the cases were taken up before the five-judge bench.

Several other President’s Counsel appearing for petitioners, including Saliya Pieris, Ali Sabry, Geoffrey Alagaratnam, Eraj de Silva, Srinath Perera, Anura Meddegoda and Maithri Gunaratne, supported the request.

Delivering the decision, Chief Justice Surasena rejected the request and said the petitions would proceed before the existing five-member bench.

Solicitor General Viraj Dayaratne, appearing for the Attorney General, argued that under Article 132(3) of the Constitution, discretion to determine the composition and number of judges on a Supreme Court bench rests with the Chief Justice.

The petitions are being heard by Chief Justice Surasena and Supreme Court Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon and Gihan Kulatunga.

A record 67 Special Determination petitions have been filed challenging the proposed 22nd Amendment Bill, the largest number of petitions filed over a Constitutional amendment in Sri Lanka.

Separately, five petitions have been filed challenging the Judicature Bill.

The hearing of the 67 Special Determination petitions was also briefly adjourned to enable the proceedings to be moved to a larger courtroom to accommodate more people.

When the petitions were taken up in Courtroom No. 502, President’s Counsel Sumanthiran informed the Supreme Court that the daily court list had indicated the hearing would take place in Courtroom No. 501, the ceremonial courtroom, which has greater seating capacity.

He submitted that, under the Constitution, court proceedings should be conducted in public, enabling members of the public to observe the hearing.

Taking the request into consideration, the five-member bench headed by Chief Justice Preethi Padman Surasena adjourned proceedings for 15 minutes and decided to continue the hearing in Courtroom No. 501.

COMMENTS