Supreme Court determines five sections of COVID-19 (Temporary Provisions) Bill unconstitutional

Announcing the Supreme Court decision on the constitutionality of the Coronavirus Disease 2019 (COVID-19) (Temporary Provisions) Bill, Speaker Mahinda Yapa Abeywardena yesterday said that the court held that the Bill could be passed with a simple majority if several sections thereof were amended as specified by the court.

Speaker Abeywardena said that a three-judge Supreme Court bench had observed that the draft bill contained five provisions which were not consistent with the Constitution. Sections 12, 4,5,6, and 7 of the draft bill were inconsistent with the Constitution. 

The draft Bill containing those sections could be passed with a special majority in addition to people’s approval at a referendum. However, if those provisions in question are amended to remove the inconsistencies, then the Bill could be passed in Parliament with a simple majority, the Supreme Court had held.