BASL challenges 22nd Amendment before Supreme Court

Glocal
By Editor_1

COLOMBO – The Bar Association of Sri Lanka (BASL) on Tuesday (18) filed a Supreme Court petition challenging the constitutionality of the proposed 22nd Amendment to the Constitution, arguing it requires both a two-thirds parliamentary majority and public approval at a referendum.

The petition, filed by BASL Treasurer T.M.S. Pasindu Silva and Assistant Secretary Lakitha Wakishta Arachchi, came hours after Justice and National Integration Minister Harshana Nanayakkara presented the 22nd Amendment Bill and the accompanying Judicature (Amendment) Bill in Parliament.

The government gazetted the amendment on August 7. Under parliamentary procedure, petitions challenging a Bill’s constitutionality may be filed in the week following its first reading. The Supreme Court must communicate its determination to the Speaker within three to 21 weeks of considering such petitions.

BASL is asking the Court to rule on whether the amendment falls into the category requiring both a two-thirds vote and a referendum. If the Court agrees, the government would need to follow that process to enact it.

The 22nd Amendment would raise the mandatory retirement age of Supreme Court judges from 65 to 67, and of Court of Appeal judges from 63 to 65. The companion Judicature Bill would raise the retirement age of High Court, District Court and Magistrates’ Court judges by two years.

Nanayakkara’s presentation of the Bill drew immediate protest from opposition lawmakers, who accused the government of undermining judicial independence. Speaker Jagath Wickramaratne was chairing the sitting when the minister moved to present the Bill after the day’s main business had concluded.

Opposition Leader Sajith Premadasa and lawmakers including Tamil Progressive Alliance leader Mano Ganesan, Palani Thigambaram, and Sri Lanka Muslim Congress members M.S. Uthumalebbe and Abdul Wazeeth stood holding placards and chanting slogans. The placards depicted the executive, legislature and judiciary as three pillars of government, with President Anura Kumara Dissanayake shown holding a paint bucket – a suggestion that the government, having taken control of the executive and legislature, was now extending its reach into the judiciary. Jaffna District independent MP Archuna Ramanathan also joined the protest. Members of the Illankai Tamil Arasu Kadchi were present but did not join in; Sri Lanka Podujana Peramuna members were absent.

Leader of the House Bimal Rathnayake told protesting MPs that if their opposition was genuine, they should sustain it through the week rather than disrupt proceedings and leave. As the protest continued, Wickramaratne handed the chair to Deputy Speaker Rizvi Salih so business could proceed.

Raising a point of order, Premadasa said the opposition had mobilized against what he called an attack on judicial independence. “Today is the day democracy is being given a funeral,” he said.

Sharp exchanges followed between government and opposition benches before MPs hung their placards on their desks and returned to their seats as the sitting resumed.

-ENCL

Editor_1
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