A further petition has been filed in the Supreme Court against the proposed 22nd Amendment to the Constitution, a day after six petitions were lodged within hours of the Bill being tabled.
Ada Derana reported that the petition was filed by an organisation it identified as the civil society group Bahujana Balaya. The petitioner asks the court to determine whether the provisions of the proposed amendment are consistent with the Constitution, and whether any of the changes require approval by the public at a national referendum in addition to the parliamentary majority the government must secure.
The organisation said it supports constitutional reform in principle, but argued that any amendment must strengthen democracy, protect the sovereignty of the people, uphold the rule of law and maintain the separation of powers and institutional checks and balances. It raised particular concern over provisions it believes could affect judicial independence.
The petition also invokes concerns previously voiced by international legal bodies, including the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges and UN Special Rapporteur on the independence of judges and lawyers Margaret Satterthwaite. Those concerns, it said, demonstrate the need for comprehensive and independent constitutional scrutiny before the amendment is enacted.
Speaker tells the House three petitions have arrived
Separately, Speaker Dr. Jagath Wickramaratne informed Parliament on Wednesday that copies of three petitions filed in the Supreme Court against the 22nd Amendment Bill had been received, Ada Derana reported. The House was also told that copies of petitions against the companion Judicature (Amendment) Bill had reached him.
The Speaker’s figure refers to copies formally received by his office, not to the total number of petitions filed. Ada Derana reported six petitions lodged on August 18 alone, by the Bar Association of Sri Lanka, the Samagi Jana Balawegaya, Sarvajana Balaya, former Justice Minister Professor G.L. Peiris and the Free Lawyers organisation.
The two bodies named in this week’s reporting are distinct: Sarvajana Balaya is the political alliance led by Dilith Jayaweera, while Ada Derana described Wednesday’s petitioner as a civil society organisation. No other newsroom had reported the Bahujana Balaya petition at the time of writing.
Background
The 22nd Amendment and the Judicature (Amendment) Bill were tabled in Parliament on August 18. The amendment would raise the retirement age of Supreme Court judges from 65 to 67 and of Court of Appeal judges from 63 to 65.
Cabinet Spokesman Nalinda Jayatissa has said the government is prepared to hold a referendum if the Supreme Court rules one is required, with the parliamentary debate expected in September or October.
