News
SC concludes hearing petitions for and against constitutionality of 20A
Determination to be conveyed to President, Speaker
By Chitra Weeraratne and A.J.A. Abeynayake
The Supreme Court yesterday concluded the hearing of petitions for and against the constitutionality of the proposed 20th Amendment to the Constitution. The decision of the court will be conveyed to the President and the Speaker.
The five-Judge Bench of the Court heard petitions for the fourth day yesterday.
Thirty nine petitions were filed against the proposed 20th Amendment to the Constitution.
The immunity granted to the President in Article 35, was only during his term of office, Attorney General, Dappulu De Livera informed the Court yesterday.
He appeared for the state, pertaining to the Bill.
President’s Counsel De Livera explained that according to the 20th Amendment the decisions of the Supreme Court were final. Similarly, the Parliament enjoyed certain immunity. There was immunity around every organ of the government, he said.
The immunity under Article 35, was only confined to the term of office in the Bill, but liable thereafter.
“Article 31 states that the President is the Head of Armed forces, according to the amendment. This is needed for public safety, law and order during natural disasters and catastrophes.
If the acts of the President is to be obstructed it will affect all the aforesaid issues. If the President’s actions as are to be subjected to judicial review it will impede his work. This immunity is in Article 35.
In the amendment the President is vested with immunity to safeguard the nation and national security.
The Article 126 jurisdiction is not necessary in view of Article 138 in the Bill, which is a constitutional check on the President.
If the President is constantly pulled back by Article 126, his work will be impeded. The Article 138 in the Bill checks on the acts of the President.
In a vibrant democracy this check has to operate.
In terms of Article 131, the President Exercised Executive power. If that was impeded the sovereignty of the people would be affected.
If the Acts of the President were subject to constant judicial review, his work as President would be impeded. The President had to exercise executive power in public interest and no other, the AG argued.
The AG submitted that Article 126 jurisdiction amounted to a fetter on the presidential acts. He then referred to the dissolution of Parliament in section 14 of the Bill, which seeks to restore the power of the President to dissolve Parliament within one year.
The power to dissolve is granted to the President in public interest. When the President exercises the power vested in him under Article 70, the franchise of the people is ensured. When Parliament is unstable the sovereignty of the people has to be protected. The Executive under public interest can handle instability. Parliament may be elected by the people. If a bad situation arises, the Parliament should be dissolved and the people will be asked to give a fresh mandate.
The Prime Minister has to command the confidence of the Parliament. If that is lost, the remedy is for the President to remove him.
The power to remove the Prime Minister in public interest is vested in the President in the new amendment.
The four-and-a half-year period for the dissolution of Parliament had proved ineffective. The Parliament must go on for the welfare of the people, not otherwise when Constitutional Council is replaced by Parliamentary Council, the institution had only been re-defined, the AG added.
The final decision maker was the President. He would exercise t in public interest, the AG added.
“The Executive Power is in the President, not in the Constitutional Council. The President’s hands are not tied.
On Wednesday (30), counsel appearing on behalf of 32 of the petitions filed challenging the proposed constitutional amendment concluded their statements.
When the petitions were taken up on Friday (02), the counsel representing all 39 petitions against the constitutional amendments concluded their oral submissions against the original draft of the 20th Amendment.
During the hearings last week Attorney General Dappula de Livera informed the Supreme Court that amendments would be introduced during the committee stage debate in Parliament on the draft 20th Amendment.
The Samagi Jana Balavegaya (SJB) and the Tamil National Alliance are among the groups that filed petitions in the court against the 20th Amendment to the Constitution.
The five-Judge bench of the Supreme Court headed by Chief Justice Jayantha Jayasuriya commenced hearing of the petitions last Tuesday (Sept. 29).
The bench includes Justices Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena and Justice Vijith Malalgoda.
The U.S. Embassy in Colombo welcomed the U.S. Sports Envoys to Sri Lanka, former National Basketball Association (NBA) and Women’s National Basketball Association (WNBA) players Stephen Howard and Astou Ndiaye, from June 8 through 14.
The Public Diplomacy section of the U.S. Embassy said that it would launch a weeklong basketball program intended to harness the unifying power of sports, made possible through collaboration with Foundation of Goodness and IImpact Hoop Lab.
While in Sri Lanka, Howard and Ndiaye, both retired professional basketball players, will conduct a weeklong program, Hoops for Hope: Bridging Borders through Basketball. The Sports Envoys will lead basketball clinics and exhibition matches and engage in leadership sessions in Colombo and Southern Province for youth aged 14-18 from Northern, Uva, Eastern and Western Provinces, offering skills and leadership training both on and off the court. The U.S. Envoys will also share their expertise with the Sri Lanka Basketball Federation, national coaches, and players, furthering the development of basketball in the country. Beyond the clinics, they will collaborate with Sri Lankan schoolchildren to take part in a community service project in the Colombo area.
“We are so proud to welcome Stephen and Astou as our Sports Envoys to Sri Lanka, to build on the strong people-to-people connections between the United States and Sri Lanka,” said U.S. Ambassador Julie Chung. “The lessons that will be shared by our Sports Envoys – communication, teamwork, resilience, inclusion, and conflict resolution – are essential for leadership development, community building, equality, and peace. The U.S. Sports Envoy program is a testament to our belief that sports can be a powerful tool in promoting peace and unity.”
SJB Colombo District MP Mujibur Rahuman in parliament demanded to know from the government the reasons for CEB suspending the leave of all its employees until further notice from Thursday.
MP Rahuman said that the CEB has got an acting General Manager anew and the latter yesterday morning issued a circular suspending leave of all CEB employees with immediate effect until further notice.
“We demand that Minister Kanchana Wijesekera should explain this to the House. This circular was issued while this debate on the new Electricity Amendment Bill was pending. There are many who oppose this Bill. The Minister must tell parliament the reason for the urge to cancel the leave of CEB employees,” the MP said.However, Speaker Mahinda Yapa Abeywardena prevented Minister Wijesekera responding to the query and said that the matter raised by MP Rahuman was not relevant.
The Chartered Institute of Personnel Management (CIPM) successfully concluded the 8th Annual CIPM Symposium, which took place on 31st May 2024. Themed “Nurturing the Human Element—Redefining HRM in a Rapidly Changing World,” the symposium underscored the pivotal role of human resource management (HRM) in today’s dynamic global landscape. Since its inception in 1959, CIPM has been dedicated to advancing the HR profession through education, professional development, and advocacy, solidifying its position as Sri Lanka’s leading professional body for HRM.
Ken Vijayakumar, the President of the CIPM, graced the occasion as the chief guest. The symposium commenced with the welcome address by the Chairperson, Prof. Arosha Adikaram, followed by the Web Launch of the Symposium Proceedings and Abstract Book by the CIPM President. The event featured distinguished addresses, including a speech by Chief Guest Ken Vijayakumar, President of CIPM, and an address by Guest of Honor Shakthi Ranatunga, Chief Operating Officer of MAS Holdings Pvt. Ltd., Sri Lanka.
The symposium also featured an inspiring keynote address by Prof. Mario Fernando, Professor of Management and Director of the Centre for Cross Cultural Management (CCCM) at the University of Wollongong, Australia.
Vote of Thanks of the inauguration session was delivered by Dr. Dillanjani Weeratunga, Symposium Co-chair.
The symposium served as a comprehensive platform for researchers to present their findings across a wide range of critical topics in HRM. These included Cultural Diversity and Inclusion, Talent Development and Retention, Ethical Leadership and Corporate Social Responsibility, Adapting to Technological Advancements, Mental Health and Well-being at Work, Global Workforce Challenges, Employee Empowerment, and Reskilling and Upskilling.
The plenary session was led by Prof. Wasantha Rajapakse. Certificates were awarded to the best paper presenters during the valedictory session, followed by a vote of thanks delivered by Kamani Perera, Manager of Research and Development.
The annual symposium of CIPM was a truly inclusive event, attracting a diverse audience that spanned undergraduates, graduates, working professionals, research scholars and lecturers. This widespread interest highlights the symposium’s significance in the field of HRM, offering a unique opportunity for everyone to network and learn from scholarly brains.The CIPM International Research Symposium was sponsored by Hambantota International Port, Sri Lanka Institute of Information Technology (SLIIT), E B Creasy & Co. PLC, and Print Xcel Company.
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
