
Speaker Jagath Wickramaratne informed Parliament today that the Supreme Court’s determination on the Anti‑Corruption Amendment Bill, challenged under Article 121(1) of the Constitution, has been received and formally conveyed.
According to the ruling, Clauses 3, 4, 6(0) and 6(5) of the Bill are not inconsistent with the Constitution and may be passed with a simple majority in Parliament.
However, the Court found that Clauses 6 and 7 are inconsistent with Article 12(1) and Article 14(1)(a), and can only be validly passed with the special majority required under Article 84(2). The Court further ruled that Clause 7, in its present form, is inconsistent with Article 12(1), and the proposed repeal of Section 81 should therefore be withdrawn. If Clause 7 is to proceed, it must be passed with the special majority prescribed by Article 84(2) read with Article 82(5).
The determination also stated that Clause 11(1), which introduces Section 88(1)(f), is not inconsistent with the Constitution and may be passed with a simple majority.
Similarly, Clause 11(2), as proposed to be amended at the committee stage, is not inconsistent with Articles 10, 12(1), 14(1)(a), and 14(a), and may also be passed with a simple majority.
Significantly, the Court held that Clause 17 is inconsistent with Article 4(c) read with Article 3, with Article 13(2) further supporting that conclusion. Accordingly, Clause 17 may become law only if passed with the special majority required under Article 84(2) and approved by the people at a referendum under Article 83. (Newswire)
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