header logo
Vallibel FD
vallible LE
Latest
Six petitions filed against 22nd Constitutional Amendment
Aug 18, 202608:59 PM
Six petitions filed against 22nd Constitutional Amendment
Mobitel inner 1278

Six petitions have been filed before the Supreme Court challenging the 22nd Amendment to the Constitution, which was presented to Parliament today (18).

 

The petitions have been filed by several individuals and organizations, including the Bar Association of Sri Lanka (BASL), Samagi Jana Balawegaya (SJB), Sarvajana Balaya and Free Lawyers organization.

 

Bar Association challenges 22nd Amendment

 

The first petition was filed by the Bar Association of Sri Lanka, seeking a determination from the Supreme Court that the proposed 22nd Constitutional Amendment Bill is inconsistent with the Constitution.

 

The petition was filed by BASL Treasurer T.M.S. Pasindu Silva and Assistant Secretary L.I. Wakishta Arachchi, with the Attorney General named as the respondent.

 

The petitioners argue that the proposed amendment directly affects the sovereignty of the people, which is protected under Article 3 of the Sri Lankan Constitution.

 

They further claim that several local and international legal organizations have already raised concerns about the proposed legislation.

 

Among those cited are the Judicial Service Association of Sri Lanka, the Chief Prelates, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, UN Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite, and the French National Bar Council.

 

Petition raises concerns over judicial independence

 

The BASL petition also argues that the proposed amendments could conflict with several international principles and instruments relating to judicial independence and fundamental rights.

 

According to the petition, any amendment to Article 107(5) could have implications for principles contained in international instruments, including the International Covenant on Civil and Political Rights, UN principles on judicial independence, the Universal Charter of the Judge, and the Commonwealth Charter.

 

The petitioners have requested the Supreme Court to consider the constitutionality of the proposed Bill with all judges of the Court sitting together.

 

They have also asked the Court to determine that Clauses 2 and 3 of the Bill, if found to directly contravene Article 3 of the Constitution, would require approval by the people at a referendum in addition to parliamentary approval.

 

SJB and Sarvajana Balaya also challenge Bill

 

The Samagi Jana Balawegaya has separately filed a petition challenging the proposed 22nd Constitutional Amendment.

 

The party has argued that any constitutional amendment must be carefully assessed in terms of its potential impact on Sri Lanka’s democratic structure, separation of powers and fundamental rights.

 

The Sarvajana Balaya has also approached the Supreme Court challenging the proposed amendment.

 

Former Minister of Justice and Constitutional Affairs Professor G.L. Peiris has filed a separate petition, requesting the Supreme Court to rule that the proposed constitutional amendment requires not only a two-thirds majority in Parliament, but also approval through a referendum.

The Free Lawyers organization has also filed a petition challenging the proposed amendment.

 

Presentation of Bill in Parliament 

 

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

 

The government gazetted the proposed 22nd Constitutional Amendment Bill on August 7, despite the objections.

 

Under parliamentary procedure, a Bill must be presented for its first reading one week after the issuance of its Gazette notification, following which a one-week period is available for petitions challenging the Bill before the Supreme Court.

 

The Supreme Court is required to communicate its determination to the Speaker within three to 21 days after considering such petitions.
If enacted, the 22nd Amendment to the Constitution will increase the retirement age of Supreme Court judges from 65 to 67 years and that of Court of Appeal judges from 63 to 65 years.

 

Meanwhile, the Judicature (Amendment) Bill proposes to raise the retirement age of judges serving in the High Courts, District Courts and Magistrates’ Courts to 62 years.

 

Disclaimer: All the comments will be moderated by the AD editorial. Abstain from posting comments that are obscene, defamatory or slanderous. Please avoid outside hyperlinks inside the comment and avoid typing all capitalized comments. Help us delete comments that do not follow these guidelines by flagging them (mouse over a comment and click the flag icon on the right side). Do use these forums to voice your opinions and create healthy discourse.

Comments

0
Comments are disabled

Note: Due to legal constraints, the Ada Derana Editorial team has taken a decision to disable comments on all articles concerning ongoing court procedures.

MostRead
Mobitel 1278
VideoStories
 CPC will be strengthened with 75 new fuel stations - President at Economic and Investment Summit

CPC will be strengthened with 75 new fuel stations - President at Economic and Investment Summit

MP Namal Rajapaksa further remanded until Oct. 27 over Airbus bribery case

MP Namal Rajapaksa further remanded until Oct. 27 over Airbus bribery case

Central Bank of Sri Lanka releases Financial Stability Review 2026

Central Bank of Sri Lanka releases Financial Stability Review 2026

Various Buddhist leaders and groups express views on Gnanasara Thero's monastic robes issue

Various Buddhist leaders and groups express views on Gnanasara Thero's monastic robes issue

Former CJ Sarath N. Silva claims punishment imposed on Gnanasara Thero against the law

Former CJ Sarath N. Silva claims punishment imposed on Gnanasara Thero against the law

MP Chamara Sampath Dassanayake remanded following arrest over bribery allegations

MP Chamara Sampath Dassanayake remanded following arrest over bribery allegations

 Minister Bimal reveals details of corruption cases filed against politicians and other key figures

Minister Bimal reveals details of corruption cases filed against politicians and other key figures

NPP MP Chandana Sooriyaarachchi released on bail following arrest over road accident

NPP MP Chandana Sooriyaarachchi released on bail following arrest over road accident

 Producing Gnanasara Thero before court inprison clothing sparks

Producing Gnanasara Thero before court inprison clothing sparks

 Sri Lanka reaches staff-level agreement with IMF Seventh review clears path for $345mn disbursement

Sri Lanka reaches staff-level agreement with IMF Seventh review clears path for $345mn disbursement

Gnanasara Thero sent back to prison Appeals Court orders enforcement of remaining prison sentence

Gnanasara Thero sent back to prison Appeals Court orders enforcement of remaining prison sentence

Sri Lanka rejects US pressure over Iran vessels; FM reaffirms sovereignty, humanitarian commitments

Sri Lanka rejects US pressure over Iran vessels; FM reaffirms sovereignty, humanitarian commitments

“Is the Govt. promoting diesel mafia's agenda?” Govt. curtailing renewable energy projects- Sajith

“Is the Govt. promoting diesel mafia's agenda?” Govt. curtailing renewable energy projects- Sajith

Galagoda Aththe Gnanasara Thero remanded after arrest; Appeals Court to decide next steps tomorrow

Galagoda Aththe Gnanasara Thero remanded after arrest; Appeals Court to decide next steps tomorrow

Colombo International Book Fair draws over 2.5 million visitors;Derana commended for public outreach

Colombo International Book Fair draws over 2.5 million visitors;Derana commended for public outreach

Lassana Flora