DDO resolution cannot be challenged before SC - Speaker

Thursday, 10 August 2023 00:30 - - {{hitsCtrl.values.hits}}

Stresses parliament has full authority over public finance as per constitution
Highlights that resolution for the implementation of DDO has been passed by a majority vote in parliament
Asserts that its passage in parliament transcended the scope of the SC and all other courts

Speaker Mahinda Yapa Abeywardena in parliament yesterday highlighted the constitutional provisions granting parliament full authority over public finance and stressed that therefore the resolution on domestic debt optimisation transcended the scope of the Supreme Court and all other judicial entities.

Therefore he said it stands immune from questioning, review, or challenge by the courts.

Quoting Article 148 of the Constitution, the Speaker emphasised that the parliament holds a comprehensive mandate over public finance. He underlined that no tax, rate, or levy could be levied upon local or public authorities without the explicit authorization of laws enacted by the parliament or existing legal frameworks.

Notably, he declared that the Minister of Finance, Economic Stabilization, and National Policies had secured unanimous approval from the cabinet of ministers for the proposed program. This endorsement occurred during a dedicated cabinet session convened on 28 June 2023 he said.

The Speaker said the parliament’s Committee on Public Finance subsequently granted its majority approval for the resolution to implement the domestic debt optimization.

“Afterwards the resolution for the implementation of the domestic debt optimization to reserve, restore several sovereign debt sustainability was approved by the committee on public finance of the Parliament by a majority of committee members at the meeting held on 30 June 2023,” he said.

Highlighting the program’s fundamental alignment with public finance matters, the Speaker stressed that the resolution, aimed at restoring sovereign debt sustainability, was presented within this context.

“The resolution for the implementation of the domestic optimization to restore sovereign debt sustainability has been passed by a majority vote in parliament on 1 July 2023 with 120 members voting in favour and 62 against,” he noted.

The Speaker asserted that with its passage in parliament, the resolution transcended the scope of the Supreme Court and all other judicial entities. Consequently, it stands immune from questioning, review, or challenge.

The Speaker’s address underscored the supremacy of the parliament’s decision-making authority within the realm of public finance, while also highlighting the autonomy granted to the successful resolution in its pursuit of restoring sovereign debt sustainability.