Sri Lanka SC concludes hearing on petitions against govt's proposed 20A Constitution Amendment Bill

COLOMBO: The Supreme Court in Sri Lanka on Monday concluded the hearing on the petitions filed against the government's proposed 20th Amendment to the Constitution that aims to bolster the powers of the president.

After a submission from the Attorney General on the fourth day of the hearing, the five-member bench of the apex court asked the petitioners to make written submissions if any by 3 pm on Tuesday.

A total of 39 petitions have been filed in the Supreme Court, challenging the constitutionality of the controversial bill.

The government on September 2 gazetted 20A, the new proposed legislation that would replace the 19th Amendment introduced in 2015 that curtailed the powers of the president and strengthened the role of Parliament.

The opposition Samagi Jana Balawegaya (SJB) and the Tamil National Alliance are among the groups that filed petitions in court against it.

There were also seven intervening petitions, including one from the ruling SLPP.

A five-member Supreme Court bench chaired by Chief Justice Jayantha Jayasuriya was appointed to consider the petitions.

The initial hearing began on September 29 and the apex court concluded the case on Monday.

The apex court has three weeks from September 22 to determine if the proposed amendment would be consistent or ultra virus of the Constitution.

During the hearings last week, Attorney General Dappula de Livera had informed the Supreme Court that amendments will be introduced during the committee stage debate in Parliament on the draft 20th Amendment.

The 39 petitions seek court to issue an order that a national referendum would be needed to amend the Constitution.

All petitions have taken the common ground that the 20A if enacted would impinge on the fundamental rights of the citizens.

The SJB petition has argued that the amendment could only become law if it would be passed with two thirds majority in Parliament and if approved in a referendum.

The 20A is meant to annul the 19A which was seen as a pro-democracy, good governance amendment which called for checks and balances in the presidential system while making Parliament more powerful.

The 19A was seen as the most progressive pro-democracy reformist move since Sri Lanka came to be governed under the all-powerful executive presidency in 1978.

The 20th Amendment proposes to restore full legal immunity to the President, removing the provisions made in the 19A to take legal action against the President.

President Gotabaya Rajapaksa was elected with a mandate to abolish the 19A.

During the last November's presidential elections and last month's parliamentary elections, Rajapaksa said that the 19A had made governance difficult as it created a rift between the executive president and prime minister.

President Rajapaksa said that he had obtained public approval at two successive elections to annul it and make his position powerful going back to the pre-19A period between 1978 and 2015.

The 20A ignited some protests from within the ranks of the ruling SLPP.

The government chose to allay their fears by saying that amendments would be moved at the committee stage of the debate.

The government sources said the amendment would be duly enacted in Parliament before November 17 when the 2021 Budget is scheduled to be presented.