BASL urges MPs to vote on 22A according to conscience

The Bar Association of Sri Lanka (BASL) has called on 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 follows the Supreme Court’s determination that the Twenty-Second Amendment to the Constitution Bill does not require approval by the people at a referendum.

In a statement, the BASL said that under Articles 120, 121 and 123 of the Constitution, the Supreme Court’s jurisdiction in relation to the Bill is to determine the constitutional requirements for its enactment, including whether the Bill or any of its provisions require approval at a referendum under Article 83.

The BASL stressed that the Supreme Court’s determination should not be interpreted as a finding on whether the proposed amendment constitutes good or bad policy, or whether it is desirable, wise or otherwise, or whether Parliament should enact it.

It said Parliament and each individual MP bear the responsibility of deciding whether the proposed amendment should be enacted.

The BASL urged MPs to carefully consider the possible and probable consequences of the 22nd Amendment for the country, as well as what it described as a lack of transparency and a proper consultative process in introducing the amendment.

It also urged MPs to take into account concerns raised by a broad cross-section of society, including religious leaders, professional bodies, lawyers’ associations, judges’ organisations and trade unions.

Among those who have expressed concerns, the BASL listed the Maha Nayakes of the Three Nikayas, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the UN 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.

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

The BASL said MPs, when called upon to vote, have a responsibility to take a principled position, taking into consideration their constitutional responsibilities, their role as representatives of the people and their duty to the sovereign people of Sri Lanka.