The Supreme Court of Sri Lanka has ruled that the proposed 22nd Amendment to the Constitution Bill and the Judicature Amendment Bill do not require approval through a national referendum, Speaker of Parliament Jagath Wickramaratne announced today.
Key Highlights
- No Referendum Required: The apex court determined that the 22nd Amendment does not violate Article 83 of the Constitution, paving the way for its passage without a public vote.
- Simple Majority for Judicature Bill: The Judicature Amendment Bill was ruled consistent with the Constitution and requires only a simple parliamentary majority to pass.
- Judicial Retirement Age Focus: The bill primarily addresses extending the retirement age of judges, with court-ordered phrasing adjustments and term limit clarifications for the sitting Chief Justice.
- Parliamentary Debate Set: The Parliamentary Business Committee has scheduled debates on the 22nd Constitutional Amendment Bill for September 24 and 25.
Announcing the determination to Parliament, Speaker Wickramaratne confirmed receiving the Supreme Court’s interpretation following challenges mounted against both bills under Article 121(1) of the Constitution.
A total of 67 petitions were filed questioning the constitutionality of the bills. A five-judge bench chaired by Chief Justice Preethi Padman Surasena, alongside Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon, and Gihan Kulatunga, examined the petitions before delivering their determination to the Speaker.
In its determination, the Supreme Court recommended minor technical revisions to Clause 2 of the 22nd Amendment Bill to clarify wording regarding age limits, alongside a second proviso stipulating that six-year term limits will not apply to the incumbent Chief Justice at the time the Act comes into operation.
Originally presented to Parliament on August 18 by Minister of Justice Harshana Nanayakkara, the 22nd Constitutional Amendment Bill focuses on extending the retirement age of judges within the country’s higher judiciary.