The Bar Association of Sri Lanka (BASL) has called upon all political parties in Parliament to allow Members of Parliament to speak and vote on the proposed 22nd Amendment to the Constitution according to their conscience.

The call comes after the Supreme Court determined that the Twenty-Second Amendment to the Constitution Bill does not require the approval of the People at a Referendum.

In a statement, the BASL said that, in terms of Articles 120, 121 and 123 of the Constitution, the jurisdiction of the Supreme Court in relation to the Bill is to determine the constitutional requirements for its enactment, including importantly whether the Bill, or any provision thereof, requires the approval of the People at a Referendum by virtue of Article 83.

The BASL said the Supreme Court's Determination is therefore not a determination as to whether the proposed Amendment is “good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it.”

The statement said this distinction is also evident from Sri Lanka’s previous constitutional amendments.

“During the 48 year history of the second republican Constitution there have been many amendments which passed constitutional muster but nevertheless had a negative effect on democracy, constitutionalism, the independence of the judiciary and the rule of law,” the BASL said.

The question that now arises, according to the BASL, is whether Parliament ought to enact the proposed Amendment.

“That responsibility rests with Parliament and with each individual Member of Parliament when they vote on the Bill,” the statement said.

The BASL said Members of Parliament should be mindful of the possible and probable consequences the 22nd Amendment will have on the nation when making their decision.

It also said they should consider “the lack of transparency and a proper consultative process” in the introduction of the 22nd Amendment.

“As representatives of the people they should also consider the concerns that have been expressed in relation to the proposed Amendment by a broad cross-section of society,” the BASL said.

The statement listed the Maha Nayakes of the Three Nikayas, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, the Bar Association of Sri Lanka, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, the French National Bar Council, and more than 40 Professional Associations and Unions, including the Government Medical Officers’ Association and other leading professional bodies.

Accordingly, the BASL called upon all political parties in Parliament to allow Members of Parliament to speak and vote on the 22nd Amendment according to their conscience.

“The responsibility now lies with Members of Parliament, when called upon to vote, to take a principled position according to their conscience giving due consideration to their constitutional responsibility, their representative capacity and most importantly their duty to the sovereign People of Sri Lanka,” the statement said.