Supreme Court Resumes Hearing of 67 Petitions Challenging Proposed 22nd Amendment
The Supreme Court is scheduled to resume today (September 2) the hearing of 67 petitions challenging the constitutionality of the proposed 22nd Amendment to the Constitution, following the commencement of proceedings before a five-member bench yesterday.
The petitions were filed after the government presented the Constitution Amendment Bill to Parliament on August 18. Following its publication in the Gazette, the public was given an opportunity to challenge the proposed legislation before the Supreme Court.
The 67 Special Determination petitions make the proposed 22nd Amendment one of the most extensively challenged constitutional amendments in Sri Lanka’s recent history.
The petitions are being heard by a five-member bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon and Gihan Kulatunga.
During the first day of proceedings, counsel representing the petitioners requested that the matter be referred to a full bench of the Supreme Court, citing concerns that certain provisions of the proposed amendment could have implications for the independence of the judiciary.
However, the Supreme Court rejected the request and proceeded with the hearing before the five-member bench. Proceedings were subsequently adjourned until today.
One of the main areas of controversy surrounding the proposed 22nd Amendment is its provisions relating to the retirement ages of judges of the superior courts.
The proposed changes have raised concerns among sections of the legal community and other stakeholders, who have questioned whether changes to judicial retirement ages could affect judicial independence. The government has defended the proposed amendment and its provisions.
The Supreme Court’s consideration of the petitions will focus on determining whether any provision of the proposed Constitution Amendment Bill is inconsistent with the existing Constitution.
The Court’s determination will be crucial in deciding how the government can proceed with the proposed amendment.
If the Court determines that the Bill can be enacted without a referendum, Parliament would be able to proceed with the legislation subject to securing the required two-thirds majority.
However, if the Court determines that any provisions require approval by the people, a referendum would also be necessary in addition to the required parliamentary majority.
The Supreme Court is expected to continue hearing submissions from the petitioners and other parties today.
Once the proceedings are concluded, the Court’s determination will be communicated to the Speaker of Parliament.
The decision is expected to have significant implications for the government’s efforts to proceed with the proposed 22nd Amendment and will determine the constitutional process that must be followed before the legislation can become law.
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