EC member Hoole moves SC against 20A

Petitions challenging 20A before five-judge bench of SC today 

By Chitra Weerarathne

Petitions filed in the Supreme Court, challenging the constitutionality of the proposed 20th Amendment to the Constitution of Sri Lanka, will be called before a five-judge bench today.

These petitions have said that people’s approval at a referendum as well as a two-thirds majority in Parliament will be needed to enact the Bill.

All the petitions have basically said that the Bill has a section, which says a dual citizen can contest to enter the Parliament of Sri Lanka and run for President threatened national security.

The petitions challenge the powers vested in the President. The President could sack the Prime Minister and the Ministers. Once the Bill becomes law, fundamental rights petitions could not be filed to challenge an act of the President, the petitions have pointed out.

The investigating powers of the Auditor General have been curtailed. The powers vested in the Elections Commission when an election is on is also limited, the petitioners have argued.

The petitions have requested the Supreme Court to declare that a two-thirds majority in Parliament and people’s approval at a referendum will be needed to enact the proposed amendment.

Among the petitioners are Elections Commission member Ratnajeevan Hoole, the Samagi Jana Balavegaya, Attorney-at-Law Indika Gallage, Mayantha Dissanayake, S. J. B. Member of Parliament for the Kandy District and also the President of the Youth League of the Samagi Jana Balavegaya.

The Supreme Court bench will comprise the Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Sisira de Abrew, Justice S. Thurairajah and Justice Vijith K. Malalgoda.