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19th Amendment challenged before SC

by Wasantha Ramanayake

The Lanka Samasamaja Party (LSSP) filed a petition before the Supreme Court challenging the 19th Amendment to the Constitution, which was presented in Parliament yesterday.

The petitioners LSSP, its General Secretary Batty Weerakoon and Member Baddegama Samitha Thera MP cited the Attorney General as respondent.

The petitioners submitted that the draft Bill did not state that the bill would be placed before the people for their approval at a referendum as provided for in Article 83 of the Constitution.

They contended that the Bill could not be enacted as Law by only a two thirds majority of Parliament as it had to be approved by the people at a referendum.

The petitioners alleged that the amendments sought to be made to the Articles 43, 49, 70 and 99 of the Constitution were inconsistent with Article 3 of the Constitution and would infringe and violate it.

According to the petitioners, the amendments to Article 49 and 70 to the Constitution by themselves and when read together the preamble to the Bill were of the nature of an ad hoc amendment to the Constitution.

They further alleged that the provision made in the Amendment for the "conscience vote" was an infringement of the right of the franchise that was based on proportional representation and the preferential vote. The amendment to the Article 99 would infringe the Fundamental Rights of association recognized in the Article 14(1). They also stated that the said amendments were discriminatory and infringed rights guaranteed under the Article 12(1) of the Constitution.

The 19th Amendment seeks to scrap President Chandrika Bandaranaike Kumaratunga's Constitutional powers to dissolve Parliament after one year.

Leader of the House W.J.M. Lokubandara moved the Motion yesterday afternoon in Parliament after the condolence vote was concluded.

Amending Clause 70 of the Constitution prevents the President from dissolving Parliament after completing a period of one year from the date of the General Election unless Parliament by resolution requests the President to dissolve the House.

If there was such a request from the Parliament, the Speaker will forthwith communicate that to the President, who shall within four days proclaim the dissolution of Parliament.

Meanwhile, a new Article (70A) has inserted with regard to the dissolution of Parliament in certain cases. Clause 70A says that when the majority of the Members of Parliament belonging to a recognised political party or parties or an independent group or groups of which the President is not a member, the President shall not dissolve Parliament after one year unless Parliament passes a resolution by two thirds of the members.

At the same time the new amendments protect seats of MPs against disciplinary action by their respective parties in case a member speaks, votes or abstains from voting according to his own belief, conscience or free will.

 

HNB-Pathum Udanaya2002

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