22A to Constitution unlikely to see the light of day

The enactment of the 22nd Amendment to the Constitution in  Parliament is heading to be unrealistic because it is all set to deny  two-thirds for the ruling party in case a vote is taken.  

The bill has already been published in the gazette. After  seven days after the publication in the gazette in terms of Article 78 of  the Constitution and on the request of any Minister, a Bill is placed  in the Order Paper for First Reading in terms of Standing Order No.  50(1).  The Bill shall be set down for a Second Reading, after  fourteen days from the date of the First Reading, in terms of Standing  Orders 50(1) and 55(1). The date for Second Reading of a Bill shall be  decided by the Committee on Parliamentary Business.  

However, in case of a petition filed in the Supreme Court  against a Bill under Article 121 of the Constitution, such a Bill is  fixed for Second Reading after the determination of the Supreme Court is  announced in Parliament.   

The current bill seeks to amend Article 83 (b) of the  Constitution. According to clause 2 of the bill, Article 83 (b) of the  Constitution is amended by the substitution for the words “to over six  years,” with the words “to over five years. Basically, it is meant to correct a constitutional error as  far as the requirement for a referendum is concerned. Currently, the  term of the President is restricted to five years. Yet, in the  constitutional provision related to referendum, it is referred to as six  years. The government, in the enactment of the new bill, seeks to amend  it to reflect the term as five years.   Legal luminaries opine that the enactment of the bill will  require approval of people by referendum in addition to two-thirds in  Parliament.   

The opposition parties are now gearing up for the denial of two–thirds for the government.   

Ilankai Tamil Arasu Kachchi (ITAK) MP M.A. Sumanthiran  called for the parties in the opposition to stage a walkout from  Parliament in case the bill is taken up for vote. He questioned the  necessity of bringing this bill at this hour and said it only confuses   the electorate and potentially complicates the presidential  election process.   

Also, he said a referendum should be called for if the bill  was approved by two-thirds in the House, and the President had the  authority to decide on the date. Mr. Sumanthiran fears that the President  might fix a date clashing with the polling day of the presidential election.    

Asked for a comment in this regard, General Secretary of  Samagi Jana Balawegaya (SJB) MP Ranjith Madduma Bandara said the party  will discuss and take a decision on the bill later.   

Meanwhile, Election Commission’s Chairman R.M.A.L. Rathnayake said the bill will have no bearing on the presidential elections.  
“We will conduct the elections in time. We will issue the gazette notification calling for the elections this week,” he said.