Supreme Court Clears 22nd Amendment Without Referendum

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The Supreme Court has determined that Sri Lanka’s proposed 22nd Amendment to the Constitution does not require approval through a national referendum, Speaker Jagath Wickramaratne announced in Parliament today (22).

The Court also determined that the Judicature (Amendment) Bill is not inconsistent with the Constitution and can be passed by Parliament in accordance with the applicable majority requirement.

According to the Speaker, the Supreme Court has directed a wording change in Clause 2 of the 22nd Amendment concerning the retirement-age provision. It has also specified that the six-year term limit in the relevant proviso will not apply to a person who is serving as Chief Justice when the Act comes into operation.

The 22nd Amendment Bill, which seeks changes concerning the retirement age of judges of the Supreme Court and Court of Appeal, was presented to Parliament on August 18 by Justice Minister Harshana Nanayakkara. The Judicature (Amendment) Bill, which proposes changes to the retirement age of judges of the High Court and other courts, was presented on the same day.

A five-judge Supreme Court bench considered the petitions challenging the legislation, with the hearings concluding on September 2. The Court’s determination was subsequently forwarded to the Speaker.

Parliament is scheduled to debate the 22nd Amendment and the Judicature (Amendment) Bill on September 24 and 25, with the vote scheduled for the afternoon of September 25.

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