SC concludes constitutional amendments inquiry

[TamilNet, Thursday, 03 October 2002, 18:05 GMT]
The inquiry into thirty-one petitions filed against the eighteenth and Nineteenth Constitutional amendments by the seven-member bench of the Supreme Court concluded Thursday. The Chief Justice Mr.Sarath N Silva, the chairman of the seven-member bench, said the order determining the constitutionality of the amendments would be forwarded to the President and the Speaker of parliament.

The petitions challenged the constitutionality of the amendments stating that they violate the sovereignty and franchise of the people. The petitioners sought the SC to determine that in addition to the passage of the amendments in parliament with two third majority, it should be approved at a referendum.

The other judges of the bench were Justices S.W.B.Wadugodapitiya, Ms Shiranee Bandaranaike, Ameer Ismail, Hector S.Yapa, P.Edussuriya and Asoka de Silva.

Counsel for the petitioner Peoples Alliance Mr.Jayamapthay Wickremaratne said that the nineteenth amendments removes the power of President to dissolve parliament after one year of its existence and vests it to parliament. "It constitutes a direct impact on the supremacy of the people. Therefore the amendment should be approved at a referendum," he argued.

At this stage the Chief Justice commented that the executive presidency and parliament are both elected by the people. "Therefore parliament represents a portion of supremacy. The parliament elected by the people persists for six years," the CJ stressed.

President Counsel Mr. Silva appearing on behalf of one of the petitioners said that the amendment envisaged the transfer of sovereignty. Therefore it needs an approval of the people at a referendum.

The Chief Justice then posed a question as to why a referendum is needed for the relevant amendment on its dissolution? President Counsel Mr. Silva further argued that the sovereignty of the people could not be transferred or lawfully vested with anybody else. The Chief Justice then posed another question whether is it justifiable for the President to dissolve parliament after one year of its existence when it was elected for a period of six years.


Latest 15 Reports
20.06.18 11:52  
Wigneswaran's secretary accuses SL Presidential Secretariat of dodging land release in North
19.06.18 18:33   Photo
SL military stationed in 6,275 acres of public and private lands in Vaakarai, Batticaloa
18.06.18 23:05  
Occupying SL Police in Jaffna again blamed for dodging action on criminal policemen
17.06.18 23:51   Photo
SL policemen fire to kill Tamil man at Church premises in Mallaakam, Jaffna
16.06.18 20:31  
US naval, seismic partnerships with genocidal Sri Lanka bring miseries to Eezham Tamils in Trincomalee
15.06.18 21:07   Photo
Swiss ruling, a precedent-setting victory for Right of Self-Determination oriented freedom fighters
14.06.18 20:03  
Only an international investigation would establish truth on enforced disappeared
13.06.18 22:37   Photo
Colombo schemes Sinhala military-led industrialisation of KKS exploiting geopolitics
12.06.18 19:49   Photo
Mannaar mass grave could be from early 1990s, shocking details emerge
11.06.18 14:38  
Sirisena yet to revoke Gazette notification of Colombo's seizure of Champoor lands
10.06.18 19:14  
Tamil families caught in dilemma of transferring lands in Seruvila, Trincomalee
09.06.18 19:04  
SL military attempts to rout out Tamil shop owners in Ampaa'rai village
08.06.18 18:17  
131 Sinhala Buddhist installations crop up in North after 2009: NPC
07.06.18 13:56   Photo
Encroaching Sinhala monk receives official recognition from SL Archaeology Department
06.06.18 18:13  
Occupying SL military forged land documents with fake signatures: landowners
Find this article at: