Constitutionality of CEB Bills to be communicated

Wasantha RAMANAYAKE

COLOMBO: The Supreme Court would communicate its decision on the Constitutionality of the two Electricity Bills to the President and the Speaker.

President Mahinda Rajapaksa had referred the two Bills titled "The Ceylon Electricity Board Act No. 17 of 1969 (Amendment) Bill" and the "Sri Lanka Electricity Bill" as an 'urgent Bill in the national interest' to Chief Justice Sarath N. Silva PC by a letter dated July 24, for the determination of their Constitutionality.

The Bench comprised Chief Justice Sarath N. Silva PC, Justice Shirani Thilakawardane and Justice Saleem Marsoof PC.

Chief Justice Sarath N. Silva PC noted that there was an ambiguity in the Electricity Board (Amendment) Bill as to whether which company would be responsible in case of a breakdown in the power supply.

The Chief Justice observed that the present CEB as a single entity was responsible for such breakdowns. "There is no provision for the collective responsibility in the Bill," The CJ further observed that the lack of such would result in the dereliction of duty.

The Chief Justice also noted that the court needed certain clarifications with respect to the absorbing of CEB staff to the new successor companies. He noted that if the companies were given a free hand to absorb the employees it would result in discrimination.

The CJ also pointed out that the Bill did not specify the basis on which the Property of the CEB would be divided among the new entities without any conflicts of interest.

Senior State Counsel Milinda Gunatilake for the Attorney General submitted that the Ceylon Electricity Board (Amendment) Bill sought to establish independent State entities sans political interference to undertake the generation, transmission, distribution and supply of power in the country.

SSC Gunatilake submitted that the Minister would be vested with the power to appoint the Board members to the CEB in order to "keep the line of accountability" to Parliament.

"The Ceylon Electricity Board Act No. 17 of 1969 (Amendment) Bill" sought to establish successor companies for the generation, transmission, distribution and supply of electricity and to establish a Monitoring and Advisory Committee.

The "Sri Lanka Electricity Bill," was seeking to repeal the "Electricity Reform Act No. 28 of 2002 and the "Electricity Act," and to provide for Regulation of the generation, transmission, distribution and supply of electricity in Sri Lanka.