Speaker Dr. Jagath Wickramaratne informed Parliament today (22) that the Supreme Court has determined that approval at a referendum is not required to pass the 22nd Amendment to the Constitution.
The Speaker communicated the Supreme Court’s determination on the “Twenty-Second Amendment to the Constitution” Bill and the “Judicature (Amendment)” Bill, which had been challenged before the Supreme Court under Article 121(1) of the Constitution.
Accordingly, the Supreme Court determined that the provisions of the 22nd Amendment Bill, or any part thereof, do not require approval by the people at a referendum under Article 83 of the Constitution.
The Court also determined that the phrase “the date on which he attains the age of sixty-seven” in the exception contained in Clause 2 of the Bill should be amended to “the date on which he has completed sixty-seven years.”
It further directed that a second exception be included to provide that the six-year term limit would not apply to a person holding office as Chief Justice on the date the Act comes into operation.
Meanwhile, the Supreme Court determined that the provisions of the “Judicature (Amendment)” Bill are not inconsistent with the Constitution and that the Bill can be passed by a simple majority in Parliament.
The second reading debate on both Bills is scheduled to be held on September 24 and 25.
