A Special Determination (SD) petition challenging the bill titled “Twentieth Amendment to the Constitution” was filed before the Supreme Court by Mahajana Eksath Peramuna (MEP) General Secretary Tissa Gamini Abeysinghe seeking a declaration that the bill shall become law only through a two-thirds majority in Parliament and with the approval of the people at a referendum.
The petitioner stated that a bill titled “Twentieth Amendment to the Constitution” was presented to the Parliament and placed on Order Paper of the Parliament on August 23, 2017.
The petitioner stated that Clauses 02, 03 and 04 of the Bill are inconsistent with Article 3, 4, 83 and Chapter 17, more fully Article 154E, 154C, 154G of the Constitution in as much as: clause 2 and 3 of the bill has the effect of postponing the date of the Provincial Council elections which is to be held in any province and therefore would affect the franchise of the people.
The petitioner stated that notwithstanding Article 154G (2), the amendment sought by the bill directly affects the franchise of the people, which is a manner in which the sovereignty of the people shall be exercised, whereby the Article 3, which 3, which is linked with Article 4 shall be violated.
This special determination petition was filed through Senior Counsel Kanishka Vitharana and counsel H.M. Thilakaratne.
Meanwhile, PAFFREL organisation’s Executive Director Rohana Hettiarachchi also filed a SD petition over the same issue.
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