22A to be enacted avoiding a referendum

COLOMBO (News 1st): Sri Lanka's Justice Minister Dr. Wijeyadasa Rajapakshe, PC said the state wishes to proceed to enact the 22nd Amendment to the Constitution avoiding a referendum.

The Minister said this process will be followed while adhering to the proposed variations in the determination by the  Supreme Court of Sri Lanka, which was announced in Parliament earlier on Tuesday (6).

Speaker of the Sri Lankan Parliament Mahinda Yapa Abeywardene said the 22nd amendment to the Constitution can only be adopted with a two-thirds majority in Parliament and a nationwide referendum on clauses 2 and 3 of the bill that is inconsistent with the Constitution.

According to the Supreme Court determination, a  two-thirds majority in Parliament and a nationwide referendum are required for the Clause which states, "In the event of the President failing to make the
necessary appointments within fourteen days to the Constitutional Council, the persons nominated shall be deemed to have been appointed as members of the Council, with effect from the date of expiry of such period."

However, if the Clause is amended only a two-thirds majority in Parliament is required.

In addition, the Supreme Court notes that a two-thirds majority in Parliament and a nationwide referendum are necessary for the clause which notes that the Minister should be appointed“on the advice of the Prime Minister”

However,  if the Clause is amended by deleting the reference to 'The President Acting on the advice of the Prime Minister" and replacing instead, the President acting in consultation with the Prime Minister,  only a two-thirds majority in Parliament is required.