22A to Constitution unlikely to see the light of day

Colombo, July 23 (Daily Mirror) - 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.