The Deputy Speaker of Parliament announced to Parliament that the Speaker has received the Determination of the Supreme Court in respect of the Bill titled “Anti-Terrorism” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.
Accordingly, the determination of the Supreme Court as to the Constitutionality of the Bill concludes as follows: —
- Clause 3, Clause 42, Clause 53, and Clause 70 of the Bill are inconsistent with Article 12(1) of the Constitution and required a Special Majority to be passed by Parliament. However, the Supreme Court has stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.
- Clause 4 has to be suitably amended as per the Supreme Court Determination. Clause 72 (1) is unconstitutional and needs to be passed by a Special Majority and a Referendum. The unconstitutionality will cease if this Clause is amended as per the Determination of the Supreme Court.
- Correspondingly, Clause 72(2) must be amended in accordance with the Determination.
- Clause 75 (3) infringe the Article 4 (c) read with Article 3 of the Constitution and required 2/3rd Majority and a Referendum. The invalidity will cease 7 upon the amendments suggested in the Determination.
- Clause 83 (7) requires a Special Majority to be passed into law. It has to be suitably amended as per the Supreme Court Determination.
Further, the Supreme Court has determined that subject to the amendments that have adumbrated to the provisions of the Bill by the Supreme Court, the Bill could be enacted into law with a Simple Majority only if the amendments determined by the Supreme Court are introduced to the provisions.
Supreme Court determination on the Bill titled “Microfinance and Credit Regulatory Authority”
The Deputy Speaker of Parliament also announced to Parliament that the Speaker has received the Determination of the Supreme Court in respect of the Bill titled “Microfinance and Credit Regulatory Authority” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.
Accordingly, he determination of the Supreme Court as to the Constitutionality of the Bill concludes as follows: —
Clause 5(3)(b), Clause 20(3)(i) read together with Clause 3(c), Clause 20(3)(j) read together with Clause 70, Clause 20(3)(k), Clause 20(3)(p) read together with Clause 3(c), Clause 20(3)(q), Clause 20(4)(c), Clause 32(1), Clause 60, 76 and Clause 84 of the Bill are inconsistent with Article 12(1) of the Constitution and could be validly passed only with the special majority provided for in Article 84(2) of the Constitution. However, the Supreme Court has stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.
Clause 39(2) and clause 60 of the Bill are inconsistent with Article 76 read with Article 3 and 4 of the Constitution and can only be passed with special majority required under paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of the provisions of Article 83. However, the Supreme Court has stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.
Clause 65 of the Bill is inconsistent with Article 14A of the Constitution and can only be passed with special majority required under paragraph (2) of Article 84. However, the Supreme Court has stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.
In the circumstances, the Supreme Court is of the view that, the amendments suggested by the Supreme Court are made at the Committee Stage to the respective Clauses of the Bill, then the Microfinance and Credit Regulatory Authority Bill will cease to be inconsistent with the provisions of the Constitution.
Hon. Speaker endorsed the certificate on 5 Bills
Hon. Deputy Speaker also announced in terms of the provisions of Article 79 of the Constitution of the Democratic Socialist Republic of Sri Lanka, the Hon. Speaker have endorsed the certificate on the Bills titled “Heart to Heart Trust Fund (Incorporation), Sri Lanka Baptist Sangamaya (Incorporation) (Amendment), Sri Balabhivurdhi Wardana Samithiya (Incorporation), Samadhi Community Development Foundation (Incorporation) and Dassana Bauddha Sanvidhanaya (Incorporation)” on 19th February 2024.
