Submissions made on behalf of 21 petitioners challenging 20A Bill

Thursday, 1 October 2020 00:09 - - {{hitsCtrl.values.hits}}

Day two of hearings into petitions challenging Bill
Submissions made on behalf of UNP, SJB and EC member Prof. Hoole, among others
Counsel argue that 20A will erode powers of both Legislature and Judiciary
Arguments against allowing dual citizens to hold positions of power
Hearings will conclude on Friday with AG’s submissions

Twenty-one petitions challenging the Twentieth Amendment to the Constitution (20A) Bill were taken up for hearing before the Supreme Court yesterday, with submissions made on behalf of UNP Deputy Leader Ruwan Wijewardena and General Secretary Akila Viraj Kariyawasam, as well as Election Commission member Prof. Ratnajeevan Hoole.

The other petitions taken up for consideration included those filed by the Samagi Jana Balawegaya’s (SJB) Rasika Jayakody and Lihini Fernando.

The SC bench, headed by Chief Justice Jayantha Jayasuriya PC and comprising Justices Buwaneka Aluwihare PC, Sisira de Abrew, Justice Priyantha Jayawardena PC, and Vijith Malalgoda PC, are considering a record 39 petitions challenging the constitutionality of the Bill and several intervenient petitions.

Counsel Eraj De Silva, who appeared for Wijewardena, said that the 20th Amendment, if enacted, would erode the powers of both the Legislature and the Judiciary, as the Executive would take over powers vested in these organs of the State by the Constitution.

He said that all Clauses in the Bill from 3 to 58 are inconsistent with the Constitution, impinge on the sovereignty of citizens, and weaken the Judiciary and the Legislature.

President’s Counsel Roland Perera, who represented Kariyawasam, submitted that judicial power, as well as the legislative power, vested with the people by Article 3 and 4 will be violated if this Bill becomes law.

Counsel Gehan Gunatilleke, who appeared for SJB’s Rasika Jayakody, dealt with the clause enabling dual citizens to become MPs and said that holding citizenship of any other country typically entails pledging allegiance to a sovereign other than the people of Sri Lanka.

“These oaths impose a legal duty on the said person to safeguard the interests of that country, notwithstanding holding any public office in Sri Lanka - in some cases, to renounce fidelity to the people,” Gunatilleke said.

Counsel Viran Corea, who made submissions on behalf of SJB’s Lihini Fernando, argued that the envisaged constitutional amendments would remove the checks and balances in place, and said if this happens, the sovereignty of the people would be weakened.

The SC will consider intervenient petitions, while the Attorney General will wind up the submissions on Friday.