President Rajapaksa’s initiative similar to US President Abraham Lincoln’s

Jayantha de SILVA

President Mahinda Rajapaksa referring the Divinegema Bill to the respective Provincial Councils and seeking their views, is similar to the action taken by former US President Abraham Lincoln, submitted Attorney at Law Faiz Mustapha PC making oral submissions before a three judge Bench of the Supreme Court yesterday. The Bench constituted Chief Justice Shirani Bandaranayake, Justice K. Shri Pavan and Justice Gamini Amaratunge.

Fourteen petitions had been filed stating the provisions of the Bill on poverty alleviation and establishing social equality are either consistent or inconsistent with provisions of the constitution.

PC Mustapha submitted that both the agony and the ecstasy of the matter should be decided by the court.

He contended that in the event eight Provincial Councils are compliant with passing of the Bill and one is unable due to the reason of being dormant, the Bill cannot be put in the Order Paper of Parliament.

CJ: A workable solution we always have in mind.

PC Romesh Silva along with Attorney at Law S.L. Gunasekera appearing for petitioners further submitted that the court has no jurisdiction to hear the matter.

The views of the court are sought in this regard. Parliament can pass the Bill with a two thirds majority and hold a referendum with a view to determine whether the constitutionality of the Bill is within the ambit of the constitution further submitted Attorney at Law Romesh Silva PC.

“The Legislature is the supreme sovereignty of the people exercised through Parliament,” he asserted.

Solicitor General Y. Wijetileke and DSG Shavindra Fernando appeared for the Attorney General. The next sittings were fixed for today.