SC to resume hearing petitions challenging 22nd Amendment this morning

The Supreme Court is scheduled to resume today (02) the hearing of 67 petitions challenging the constitutionality of the proposed 22nd Amendment to the Constitution, following the commencement of proceedings before a five-member bench yesterday.

The petitions were filed after the government presented the Constitution Amendment Bill to Parliament on August 18. Following its publication in the gazette, the public was given an opportunity to challenge the proposed legislation before the Supreme Court.

The 67 Special Determination petitions make the proposed 22nd Amendment one of the most extensively challenged constitutional amendments in Sri Lanka’s recent history.

Five-member Supreme Court bench

The petitions are being heard by a five-member bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon and Gihan Kulatunga.

During the first day of proceedings, counsel representing the petitioners requested that the matter be referred to a full bench of the Supreme Court.

The request was made amid concerns that certain provisions of the proposed amendment could have implications for the independence of the judiciary.

However, the Supreme Court rejected the request and proceeded with the hearing before the five-member bench.

The proceedings were later adjourned until today.

Controversy over retirement age of judges

One of the key areas of controversy surrounding the proposed 22nd Amendment is its provisions relating to the retirement age of judges of the superior courts.

The proposed changes have raised concerns among sections of the legal community and other stakeholders, who have questioned whether altering the retirement ages of judges could affect judicial independence.

The government, however, has defended the proposed constitutional amendment and its provisions.

Supreme Court to determine constitutional requirement

The Supreme Court's consideration of the petitions is focused on determining whether any provision of the proposed Constitution Amendment Bill is inconsistent with the existing Constitution.

The Court's determination will be crucial in deciding how the government can proceed with the proposed 22nd Amendment.

If the Court determines that the Bill can be enacted without a referendum, Parliament would be able to proceed with the legislation subject to the required two-thirds majority.

However, if the Court determines that certain provisions require approval by the people, a referendum would also be necessary in addition to the parliamentary majority.

Supreme Court decision to be communicated to Parliament

The Supreme Court is expected to continue hearing submissions from the petitioners and other parties today.

Once the proceedings are concluded, the Court's determination will be communicated to the Speaker of Parliament.

The Supreme Court's decision is expected to have significant implications for the government's efforts to proceed with the proposed 22nd Amendment and will determine the constitutional process that must be followed before the legislation can become law.