SJB trade union challenges constitutionality of Economic Transformation Bill

A Special Determination Petition was filed by the Samagi Sewaka Sangamaya, a Trade Union associated with the Samagi Jana Balawegaya (SJB) before the Supreme Court yesterday challenging the constitutionality of the Economic Transformation Bill. The petition was filed by the Union President Achintha Dinalankara and the Treasurer Niroshan Padukka. The Petitioners state that the said Bill provides for the repeal of the Board of Investment of Sri Lanka Law No. 4 of 1978, without any provision that sets out an action plan and that the said Bill paves way for the elimination of powers vested with the Board of Investment (BOI).

The Petitioners also observe that the said Bill gives the Minister powers that makes the functions of the BOI void and thereby that the said Bill, if passed in Parliament would have a detrimental effect on the ability to attract potential foreign and local investors to the country, economic transformation and development, sustainable development, industrial functionalities and political landscape and public satisfaction.

The Petitioners emphasised that the Bill infringes Article3, Article 4, Article 12 and Article 14 set out in the Constitution.

The Petitioners sought for an order to determine that the said Bill is inconsistent with the Constitution and that certain clauses require to be passed by special majority. The Petitioners further sought for a declaration that certain clauses contained in the Bill shall become law only if passed with two-thirds majority and approved by the people at a referendum.

President’s Counsel Farman Cassim with Jessica Abeyratne Attorney-at-Law and Vinura Kularatne Attorney-at-Law instructed by Shayamali Athukorala Attorney-at-Law will appear on behalf of the Petitioners.