Certain clauses inconsistent with Constitution:

Special majority needed for Bill’s passage

Uditha Kumarasinghe and Irangika Range

Speaker W. J. M. Lokubandara yesterday told Parliament the Supreme Court has determined that certain clauses of the Bill titled ‘Parliamentary Elections (Amendment)’ are inconsistent with the Constitution and a two third’s majority is needed to pass the Bill in Parliament.

Speaker made this announcement in terms of article 50 (2) (c) of the Standing Orders of Parliament, on the determination of the Supreme Court in regard to the Bill titled ‘Parliamentary Elections (Amendment)’ which was challenged before the Supreme Court under Article 121 (1) of the Constitution.

The Court under Article 123 of the Constitution has determined that subsection 7 (5) (b) and the words ‘or signifies any religion or community’ in subsection 7 (6) in clause 2 and subsection 9 (3) in clause 408 the Bill in their present form are inconsistent with the Articles 12 (1), 14 (1) (a) and 14 (1) (e) of the Constitution and therefore this Bill may only be passed by a special majority in terms of 84 (2) of the Constitution, he said.

“The Court has further determined that subsections 7 (5) (b) in clause 2 and subsection 9 (3) in clause 4 of the Bill will not be inconsistent with the Constitution if those clauses are amended as determined by the Supreme Court,” he said. “The Supreme Court has further determined that apart from the above, none of the other provisions of the Bill are inconsistent with any provisions of the Constitution,” he said.

The Speaker ordered the determination of the Supreme Court be printed in the official report of yesterday’s proceedings.

The UNP, SLMC and the TNA challenged the Bill before Supreme Court.