A Special Determination petition challenging the Bill titled “Active Liability Management” was filed before the Supreme Court by Colombo District Parliamentarian Bandula Gunawardena yesterday.
He is seeking a Supreme Court declaration that this Bill shall become law only through a two-third majority in Parliament and the approval of the people at a referendum.
Gunawardena stated that a bill titled “Active Liability Management” was presented to Parliament and placed in the Order Paper on February 19, 2018.
He states that clauses 2, 3, 4, 5, 6,7, 9, 10,11,12,13 and 14 of the said Bill, are in violation of and inconsistent with Articles 3, 4(a), 12(1), 12(2), 14(1)(g), 75,148, 149, 150, 154R and the other Articles of the Constitution.
The petitioner stated that clauses of the Bill at issue deprive and abrogate the powers of Parliament to have full control over public finance as provided in Article 148 of the Constitution and
directly and indirectly suspend or make inoperative the provisions of the Constitution, particularly Articles 3, 4(d), 12(1) and 148, 149 and 150.
The MP said the bill also directly and indirectly abrogates and make inoperative the powers of the Central Bank which is a supreme, sovereign and independent institution established by Act No.58 of 1949 (Monetary Law) responsible for the administration and regulation of the monetary and banking system of Sri Lanka.
The Bill is in conflict with the provisions of the Fiscal Management (Responsibility) Act, No. 3 of 2003,he said.This special determination petition was filed through senior counsel Kanishka Vitharana and counsel H.M.Tillekaratne.
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