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Home » SL’s 22nd constitutional amendment gets clearance from SC
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SL’s 22nd constitutional amendment gets clearance from SC

AgencyBy AgencySeptember 7, 2022No Comments
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A protester waves a national flag outside president Gotabaya Rajapaksa's office in Colombo, Sri Lanka, Wednesday, July 13, 2022. The president of Sri Lanka fled the country early Wednesday, slipping away in the middle of the night only hours before he was to step down amid a devastating economic crisis that has triggered severe shortages of food and fuel. AP/PTI(AP07_13_2022_000023A)

Sri Lanka’s Supreme Court has ruled that the bill seeking the 22nd Amendment to the Constitution aimed at empowering Parliament over the executive president can be adopted with a two-thirds majority in the House but some clauses will require a nationwide referendum, the Speaker announced on Tuesday.Speaker Mahinda Yapa Abeywardena told Parliament that the Supreme Court has determined that certain clauses of the 22nd Amendment to the Constitution Bill are not consistent with the Constitution, and directed that those clauses required to be passed by a special majority and a public referendum.The draft bill on the 22nd Amendment was approved by the Cabinet and gazetted last month. The 22nd Amendment was originally named 21A and meant to replace the 20A.The amendment was formulated amid the ongoing economic turmoil in the country which also caused a political crisis. It is meant to replace the 20A that had given unfettered powers to ex-President Gotabaya Rajapaksa after abolishing the 19th Amendment.Speaker Abeywardene said the 22nd Amendment to the Constitution can only be adopted with a two-thirds majority in Parliament and a nationwide referendum on clauses 2 and 3 of the bill that are inconsistent with the Constitution.The apex court recommended changes to help Parliament pass the bill with only a special majority. The bill aims to restore independent commissions and also curbs some of the powers of the president.Interested parties were given time to petition the Supreme Court. The court determination was received by Parliament on Tuesday. There were 10 such petitions filed.The 22A was meant to undo the 20A adopted in 2020 which restored full executive powers to then-President Gotabaya Rajapaksa. Rajapaksa had reversed through 20A the features of the 19A which had empowered Parliament over the presidency.Rajapaksa was ousted in mid-July through the popular uprising against him for mishandling the country’s economy.Foreign minister Ali Sabry said on Monday that the 22A would be presented in Parliament very soon for approval.Several features, including curbing the Sri Lankan President’s power to sack the Prime Minister and the Cabinet, have been included in the draft of a constitutional amendment bill that seeks to reduce the concentration of power in one person, Justice Minister Wijeyedasa Rajapakshe said last month.He said that the text of the draft of the 22nd Amendment to the Constitution was changed after the ouster of former president Rajapaksa.’The former president wanted to retain the power to sack the prime minister and the cabinet as he wished. Since his departure we have changed that so the president can’t remove the Prime Minister and the Cabinet,” Rajapakshe had said.His comments came as he submitted to Parliament the constitutional amendment bill to clip the powers of the president, a key demand of protesters calling for political reforms and solutions to the country’s worst economic crisis.Rajapaksa fled the country to the Maldives after an uprising against him on July 9 and four days later he resigned after reaching Singapore.

SL's 22nd constitutional amendment gets clearance from SC
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