The Bar Association of Sri Lanka (BASL) has issued an urgent call to all political parties represented in Parliament, demanding that Members of Parliament be permitted to vote according to their conscience when the proposed Twenty-Second Amendment to the Constitution Bill is put to a vote.
Key Highlights
- Call for Free Vote: BASL urges party leaders to drop party whips and allow lawmakers a conscience-based vote on 22A.
- Court Ruling Clarified: Supreme Court determined 22A does not require a public referendum, but BASL notes this is not an endorsement of the bill’s policy merit.
- Historical Lessons: BASL warned that past amendments, despite being legally compliant, severely damaged democracy, judicial independence, and the rule of law.
- Process Concerns: The association highlighted a critical lack of transparency and comprehensive public consultation in drafting the amendment.
The BASL’s statement followed the Supreme Court’s determination on the constitutional validity of the bill. While the court ruled that a national referendum is unnecessary for enactment, the legal body emphasized that this judgment should not be misinterpreted as an approval of the proposed changes as sound or desirable public policy.
Pointing to Sri Lanka’s constitutional history, the BASL cautioned that several previous amendments met all formal constitutional requirements yet ultimately resulted in adverse consequences for governance, democratic norms, and the rule of law. Consequently, the association stated that the weight of responsibility now rests squarely on Parliament and individual lawmakers.
The association urged MPs to critically evaluate both the immediate and long-term ramifications of the 22nd Amendment. It also raised significant concerns over the rushed nature of the legislation, citing an absence of transparent, inclusive stakeholder consultations prior to its introduction.
Concluding its appeal, the BASL reiterated that lawmakers must uphold a principled stance aligned with their representative duty to the sovereign people of Sri Lanka rather than succumbing to partisan pressure.