Certain clauses of 22A inconsistent with Constitution - SC

• Published date: 06 September 2022
• Publication title: Sunday Times

Announcing the Supreme Court's (SC) determination on the draft 22nd Amendment to the Constitution, Soeaker Mahinda Yapa Abeywardena told Parliament today that the court has ruled that certain clauses of the draft amendment are inconsistent with the Constitution.

As such, these amendments would have to be passed by a special Parliamentary majority or by the people at a referendum if they are to be passed in their current form. However, the necessity of this would cease if the said clauses are amended as recommended by the court, the SC has further noted.

The SC had forwarded its determination to Parliament after concluding its hearing into nine Fundamental Rights petitions that had been filed against the draft 22nd Amendment.

Following is the Speaker's announcement of the 22nd Amendment:

I wish to announce to Parliament that I have received the Determination of the Supreme Court in respect of the Bill entitled 'Twenty Second Amendment to the Constitution' which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.

On an overall consideration of the provisions of the Bill, the Supreme Court has made the following Determination:-

1.The Supreme Court states that the Bill complies with the provisions of the Article 82(1) of the Constitution and requires to be passed by the special majority specified in Article 82(5) of the Constitution.

2. Clause 2 of the Bill contains provisions inconsistent with Article 3 read...