22A faces Supreme Court test

A petition has been filed before the Supreme Court seeking a determination that the proposed 22nd Amendment to the Constitution is inconsistent with the Constitution and therefore requires both a two-thirds majority in Parliament and approval at a referendum.

The petition has been filed by Bar Association of Sri Lanka (BASL) Treasurer T.M.S. Pasindu Silva and the BASL Assistant Secretary.

The petitioners are seeking a determination that the proposed Bill, if it is to be enacted, must first secure the support of two-thirds of the total number of Members of Parliament and subsequently be approved by the people at a referendum.

They contend that the provisions of the proposed amendment affect constitutional provisions in a manner that requires both forms of approval for it to be validly enacted.

The Cabinet of Ministers had earlier approved the proposed 22nd Amendment, paving the way for its presentation to Parliament.

The 22nd Constitutional Amendment Bill and the Judicature (Amendment) Bill were presented to Parliament on Tuesday (18) by Justice and National Integration Minister Harshana Nanayakkara.

The Government gazetted the proposed 22nd Amendment on August 7 amid objections from several quarters.

Under parliamentary procedure, a Bill is presented for its first reading one week after being gazetted. A further one-week period is then provided for petitions to be filed before the Supreme Court challenging its constitutionality.

The Supreme Court is required to communicate its determination to the Speaker within three to 21 days after considering such petitions.

If enacted, the proposed 22nd Amendment would increase the mandatory retirement age of Supreme Court judges from 65 to 67 years and that of Court of Appeal judges from 63 to 65 years.

The accompanying Judicature (Amendment) Bill proposes increasing the retirement age of judges of the High Courts, District Courts and Magistrates’ Courts by two years.

The Supreme Court is now being called upon to determine whether the provisions of the proposed constitutional amendment fall within the category of legislation that requires both a two-thirds parliamentary majority and approval at a referendum.

The Court’s determination will establish the constitutional procedure the Government must follow if it is to proceed with the proposed amendment.