SC rules Special Goods and Services Bill requires two-thirds majority and people’s approval at referendum to become law

The Supreme Court has determined that the Special Goods and Services Bill should be passed in Parliament with a two-thirds majority (including those not present) and approval by people at a referendum, Speaker Mahinda Yapa Abeywardena informed the House yesterday (22).

“Acting in terms of Article 123(2) (c) of the Constitution, this Court holds that the ‘Special Goods and Services Tax’ Bill requires to be passed as required by Article 84(2) of the Constitution, by not less than two-thirds of the whole number of Members of Parliament (including those not present) voting in favour thereof and approved by people at a Referendum by virtue of the provisions of Article 83 of the Constitution,” the speaker said reading out the Supreme Court determination.

Furthermore, it is stated that since it would be impracticable to suggest clause specific amendments to the Clauses of the Bill that have been found to be inconsistent with the Constitution as it would fundamentally alter the basic nature and structure of the Bill and become inconsistent with the declared objectives of the Bill, the Court while exercising discretion conferred on it by the Constitution will refrain from determining the manner in which the Clauses 2, 3, 4, 5 and 9(1) could be amended so as to alter such Clauses to become consistent with the Constitution.