No Referendum Needed for 22nd Amendment, Supreme Court Tells Speaker

COLOMBO (News 1st); The Speaker of Parliament announced today (22) that he has received the Supreme Court’s determination on the 22nd Amendment to the Constitution Bill and the Judicature (Amendment) Bill, both of which were challenged before the Supreme Court under Article 121(1) of the Constitution.

Informing Parliament of the Court’s determination, the Speaker stated that the Supreme Court has ruled that the provisions of the 22nd Amendment to the Constitution Bill, or any part thereof, do not require approval by the people at a referendum under Article 83 of the Constitution.

However, the Court has recommended specific amendments to the Bill. According to the determination, the phrase "upon attaining the age of 67 years" appearing in the proviso to Clause 2 of the Bill shall be substituted with the phrase "upon completing the age of 67 years."

The Supreme Court has also directed that a second proviso be added to Clause 2, stating: “Provided further that the term limit of six years set out in the first proviso will not apply to any person holding the office of the Chief Justice as at the date of coming into operation of this Act.”

The Speaker further informed Parliament that the Supreme Court has determined that the provisions of the Judicature (Amendment) Bill are not inconsistent with the Constitution and may therefore be passed by a simple majority in Parliament.

The determination clears the way for both Bills to proceed through the legislative process, with the 22nd Amendment requiring the incorporation of the amendments identified by the Supreme Court before being taken up for parliamentary approval.