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AGAINST 22nd AMENDMENT LEGAL BATTLE TO ERUPT

Legal battles loom against 22nd amendment

– Legal battles against the proposed 22nd Amendment are expected to get off the ground next week as the groups in the legal fraternity are expected to file petitions against the legislation as the government prepares to table the legislation in Parliament on August 18. A group of President’s Counsel and the joint opposition are expected to file petitions against the legislation next week.

Convener of the Joint Opposition Professor G. L. Peiris has already revealed that they will file petitions against the legislation and would ask the Supreme Court to rule that it has to be approved by the people at a referendum.A group of leading President’s Counsel said they will also file a petition against the amendment next week.

President Counsel Tisath Wijegunawardene who is a member of a group of President’s Counsel who had opposed the legislation said his group will also file a petition next week. “We will also call the Supreme Court to declare that the legislation should approved by the people at a referendum. He said they will cite the verdict given by a three member bench comprising Supreme Court judges Buwaneka Aluwihare, Murdu N. B. Fernando and Janak de Silva in 2022 which said any Constitutional amendment to the retirement age or the period of office impacting on incumbent judges, whether directly or indirectly, will impinge on the independence of the judiciary and violative of Article 3 which requires a Referendum.

Minister of Justice Harshana Nanayakkara has already said that the legislation will be tabled in Parliament on August 18. Chief Opposition Whip Gayantha Karunathilleka who referred to the matter said there is no issue with the tabling but said two weeks should be given to the public to file objections on the amendment. “The date on which the 22nd amendment will be taken up in Parliament has to be decided upon by the part leaders as per the standing orders.”  “The ruling party alone cannot decide on the date of the debate,” he said.

 



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