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Friday, 22 March 2013

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Amendments to 11 Bills taken up for hearing

Petitions filed challenging proposed amendments to 11 Bills were taken up for hearing before the Supreme Court yesterday.

The petitioners sought a special determination to the effect that the proposed amendments are compatible with the clauses of the Constitution.

The Bench comprised Chief Justice Mohan Peiris PC, Justice Chandra Ekanayake and Justice Sathya Hettige.

Amongst the contentious Bills are Inland Revenue Act Amended Bill, Registration of Documents Amended Bill, Tax Appeal Commission Amended Bill, Power of Attorney Amended Bill, Nation Building Amended Bill, Power of Attorney Amended Bill, Notaries Amended Bill, Betting and Gaming Amended Bill and Inland Revenue Amended Bill. The petitions amongst other matters allege that the amendments violate several Constitutional clauses.

Apart from that the amendments are detrimental to petitioners’ rights.

The petitioners pray that if the amendments are to be made statutory, they be passed by two thirds majority in Parliament.

Attorney at Law J C Weliamuna appearing for the petitioners charged that the proposed amendments negates the entire fiscal management responsibility by providing for abdication of legislative power.

He pointed out that amendments empowers increased borrowings without Parliament scrutiny.

The Chief Justice responded by observing: “You don’t need the freedom of a wild ass relating to the handling of public funds.”

In such a scenario, the Parliament could rescind a minister’s power.

Deputy Solicitor General Indika Devinda de Silva and State Counsel Nerin Pulle appeared for the Attorney General. Sanjeewa Jayawardana PC appeared for an intervenient petitioner.

 

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