Showdown on 22nd Amendment

• President orders publishing of  gazette on 22nd Amendment withheld by Justice Minister

The 22nd Amendment to the Constitution has been published via a Gazette notification by order of President Ranil Wickremesinghe yesterday. 

This was despite Justice Minister Wijeyadasa Rajapakshe on Thursday had instructed his Ministry’s Secretary not to publish the Gazette notification on the 22nd Amendment to the Constitution until the Presidential Election is held.

Justice Minister had claimed that this decision was made in order to eliminate the uncertainty regarding the holding of the Presidential Election.

This amendment will enable the paragraph (b) of Article 83 of the Constitution pertaining to the President’s term to be amended by replacing the words “to over six years” with the words “to over five years” stated in paragraph (b) of Article 83 of the Constitution.

The Lawyers’ Collective, a prominent legal advocacy group this week criticised the proposed Twenty-Second Amendment to the Constitution Bill, as an attempt to manipulate the electoral process. (See https://www.ft.lk/opinion/Lawyers-Collective-speaks-out-on-22nd-Amendment-to-the-Constitution-Bill/14-764367)

It stated that the legal effect of this amendment would be that a bill that seeks to extend the term of office of the President or the duration of Parliament to over five years would require a two-thirds majority in Parliament and the approval of the people at a Referendum.

The Lawyers’ Collective reiterated that there is no urgency whatsoever in lowering the upper limit of the terms of the President and Parliament and it urges all democratic forces to oppose it.