By Yohan Perera and Ajith Siriwardana   

The Supreme Court has determined that certain clauses of the 22nd Amendment have to be approved by special majority and by the people in a referendum, Speaker Mahinda Yapa Abeywardena announced yesterday.   

The Supreme Court has at the same time stated that the Bill complies with the provisions of the Article 82(1) of the Constitution and requires it to be passed by the special majority specified in Article 82(5) of the Constitution in general.   

As per the determination, clause 2 of the Bill contains provisions inconsistent with Article 3 read together with Article 4(b) of the Constitution and as such may be enacted only by the special majority required by Article 82(5) and upon being approved by the people at a Referendum by virtue of Article 83. However, the necessity for a Referendum shall cease if the proposed Articles 41A(6) and 41B(4) in Clause 2 are suitably amended to remove the deeming provision set out therein. The court has said the insertion of clauses which deals with the constitutional council goes beyond a mere restriction and amounts to a relinquishment of the Executive powers of the President. Therefore the Courts have recommended the deleting of this clause.   

Clause 3 of the Bill contains provisions inconsistent with Article 3 read together with Article 4(b) of the Constitution and as such may be enacted only by the special majority required by Article 82(5) and upon being approved by the People at a Referendum by virtue of Article 83. However if the proposed Article 44(2), the proviso to Article 44(3), Articles 45(1), 46(1), 47(3)(a), 48(3) and 50 in Clause 3 are suitably amended by deleting the reference to the President acting on the advice of the Prime Minister and replacing instead with the President acting in consultation with the Prime Minister a referendum will not be required.  

• The court has said the insertion of clauses which deals with the constitutional council goes beyond a mere restriction