• Several people had filed petitions in the SC challenging 21A moved by SJB

By Yohan Perera and Ajith Siriwardana  

The Supreme Court has determined that the 21st Amendment to the Constitution tabled by Samagi Jana Balawegaya required approval through a referendum and a two-thirds majority in Parliament, Speaker Mahinda Yapa Abeywardhane announced yesterday.   

Several people had filed petitions in the Supreme Court challenging the 21st Amendment to the Constitution moved by SJB MP Ranjith Madduma Bandara in Parliament.  

Accordingly the Supreme Court had held that sections 2, 3 and 4 of the Bill which deals with transferring presidential powers to the cabinet and the Prime Minister is inconsistent with article 4 (E) of the constitution, the section 43of the Bill under which it was proposed the abolition of powers which President had with regard to provincial councils was inconsistent with the constitution. The section 30 of the Bill which proposed the power which President enjoyed to seek Supreme Court opinion on important matters were inconsistent with article 4(c) and 4 (E) of the constitution.  

In addition the Supreme Court has held that the section 53 of the constitution which proposed the setting up of a security council headed by the Prime Minister was also inconsistent with 4(E) of the constitution. Hence the Supreme Court has held that the President should head the security council.