Supreme Court petition challenges proposed 22nd Constitutional Amendment

A petition has been filed before the Supreme Court challenging the constitutionality of the proposed 22nd Amendment to the Constitution, which was approved by the Cabinet of Ministers and presented to Parliament today.

The petition was filed by T.M.S. Pasindu Silva, Treasurer of the Bar Association of Sri Lanka (BASL), together with the BASL Assistant Secretary.

The petitioners have asked the Supreme Court to determine that the proposed amendment, if enacted, requires the approval of a two-thirds majority of the Members of Parliament as well as approval by the people at a referendum.

They argue that the provisions contained in the Bill fall within the constitutional provisions requiring both parliamentary approval and a referendum for valid enactment.

The Cabinet previously approved the proposed 22nd Amendment, paving the way for its introduction in Parliament. The Bill was presented for its first reading today by Minister of Justice and National Integration Harshana Nanayakkara, along with the Judicature (Amendment) Bill.

The government gazetted the proposed 22nd Constitutional Amendment Bill on August 7, despite objections raised by several factions. Under parliamentary procedure, a Bill is presented for its first reading one week after it is gazetted. A further one-week period is then available for petitions to be filed before the Supreme Court challenging the constitutionality of the proposed legislation.

The Supreme Court is required to communicate its determination to the Speaker within three to 21 days after considering such petitions. If enacted, the proposed 22nd Amendment would 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 separate Judicature (Amendment) Bill proposes to increase by two years the retirement age of judges serving in the High Courts, District Courts and Magistrates’ Courts.

The Supreme Court’s determination will therefore be significant in establishing whether the proposed constitutional amendment can be passed by Parliament alone with the required majority, or whether it must also be submitted to the people at a referendum.