Samagi Jana Balawegaya (SJB) General Secretary Ranjith Madduma Bandara yesterday filed a Special Determination petition in Supreme Court challenging the constitutionality of the bill titled “Twentieth Amendment to the Constitution”.
Six petitions have been filed so far against the 20th amendment to the Constitution including TNA leader R. Sampanthan, Centre for Policy Alternative, Anil Kariyawasam and Nagananda Kodituwakku.
The petitioner Parliamentarian Ranjith Madduma Bandara had named the Attorney General as the respondent and seeking a declaration that the bill in whole or in part thereby requires the approval by people at a referendum and requires a two-third majority in Parliament. The petitioner stated that a bill titled “Twentieth Amendment to the Constitution” was published in the supplement issued on September 2,2020 to the part two of the gazette notification issued on August 28, 2020 and has been placed on Order Paper of the Parliament on September 22, 2020.
Madduma Bandara alleged that the proposed bill was prejudicial to the sovereignty of the people and inconsistent with the concept of checks and balances. The petitioner stated that repealing of the present Article 33(1) of the Constitution is inconsistent with the public trust doctrine, prejudicially affects the sovereignty of the people. The petitioner stated that the repeal of the first proviso to Article 35 would mean that the official acts or omissions of the President would no longer be subject to review before the Supreme Court in applications made under Article 126 of the Constitution. The petitioner further stated that Clause 5 of the bill is inconsistent with the public trust doctrine, inconsistent with the concept of Equality before the law and rule of law enshrined in Article 12 of the Constitution.
The petitioner said the proposed amendment would permit the President to make appointments of members, chairpersons to specified Independent Commissions, as well as appointment of the Chief Justice and Judges of the Supreme Court, the President of the Court of Appeal and judges of the Court of Appeal and other specified constitutional functionaries acting purely in his own discretion.
SJB files petition against 20th Amendment [23-09-2020 Time 15:40]
General Secretary of Samagi Jana Balawegaya (SJB) today filed a Special Determination petition in Supreme Court challenging the constitutionality of the bill titled “Twentieth Amendment to the Constitution".
Six petitions have been filed so far against the twentieth amendment to the constitution including TNA leader R. Sampanthan, Centre for Policy Alternative, Anil Kariyawasam and Nagananda Kodituwakku.
