Supreme Court Says Media Professionals Bill Requires Amendments or Special Majority

COLOMBO (News 1st); Speaker of Parliament Dr. Jagath Wickramaratne today (8) informed Parliament that he had received the Supreme Court's determination on the Bill titled "Chartered Institute of Media Professionals of Sri Lanka," which had been challenged before the Supreme Court under Article 121(1) of the Constitution.

Announcing the Court's findings, the Speaker stated that the Supreme Court had determined that Clause 3(1) of the Bill is vague and therefore inconsistent with Articles 12(1) and 14(1)(g) of the Constitution. As a result, the clause may only be passed with the special majority required under Article 84(2) of the Constitution. However, the Court has determined that the inconsistency would cease if the clause is deleted.

The Speaker further noted that the Supreme Court had found Clause 4(o) of the Bill to be inconsistent with Articles 12(1) and 14(1)(g) of the Constitution. Accordingly, it would also require the special majority stipulated under Article 84(2) of the Constitution for passage. The Court has held that the inconsistency would cease if the clause is amended in the manner proposed by the Court.

In addition, the Supreme Court determined that Clause 5(4)(b) is inconsistent with Article 12(1) of the Constitution and may only be passed with the special majority required under Article 84(2). The Court further held that the inconsistency would be removed if the relevant clause is amended in accordance with its recommendations.

Dr. Wickramaratne informed the House that, apart from the clauses identified by the Court, the remaining provisions of the Chartered Institute of Media Professionals of Sri Lanka Bill were found not to be inconsistent with the Constitution.

The determination means that the Bill can proceed either with the amendments proposed by the Supreme Court or, in the absence of such amendments, through the special parliamentary majority required under the Constitution for provisions found to be inconsistent with constitutional guarantees.