20 LAWYERS FILE A FR PETITION AGAINST THE 20A: GIVING UNLIMITED POWERS TO THE PRESIDENT COULD LEAD TO A DICTATORSHIP IN SRI LANKA

28/09/2020Twenty Attorneys at Law, this morning filed a Fundamental Rights petition against the proposed 20th Amendment to the constitution of Sri Lanka.

In their petition, they argue that “according to Clause 3 of the Proposed Amendment, Article 33 of the Constitution which state the powers and duties of the President is repealed and replaced by the new Article 33. By doing so, the duties which were conferred on the president to ensure that the Constitution is respected and upheld, promote national reconciliation and integration, ensure and facilitate the proper functioning of the Constitutional Council and the institutions referred to in Chapter VIIA, and on the advice of the Election Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda have been removed. This has placed the executive branch on the top of other two branches giving unlimited powers to the President, which can lead to a dictatorship.”

The twenty pettitioners  are Agampodi Sendeman Chulasinghe De Soyiza, Rajapaksha Arachchilage Namal Ajith Rajapaksha, Nanayakkara Godakande Achala Shanika Senevirathna, Rathnayake Mudiyanselage Prabodha Chinthaka, Chula Ranjeewa Adhikari, Teril Manoj Uduwana, Rathnayake Mudiyanselage Upali Amarawansha Rathnayake, Jayaweera Archchilage Manju Sri Chandrasena, Mewala Gedara Amila Indika, Dulan Dassanayaka,Waduge Shammi Chinthaka Fernando, Sachindra Thushara De Zoysa, Mohomed Nazim Zainul Luthufi, Mohomed Najeem Mohomed Fazeer, Mahapatabendige Srinath Perera, Dhanapala Archchige Prema Arune Kumarasiri, Kariyawasam Pandi Kankanamge Upali Ranjan, Sardha Kumara Manjula Pathiraja, Kalinga Nalaka Priyawansha, Warnakulasooriya Mahamuge Madhushani Sugandhika Fernando. The intrution Attorney is Senaka Perera.

The main arguments put forward bu the petition fellows:

8. The Petitioner states that the Proposed Amendment and/or following provisions of the Proposed Amendment are inconsistent with the Constitution and the Constitutional Principles for the following reasons amongst others:

(a) According to Clause 3 of the Proposed Amendment, Article 33 of the Constitution which state the powers and duties of the President is repealed and replaced by the new Article 33.By doing so, the duties which were conferred on the president to ensure that the Constitution is respected and upheld, promote national reconciliation and integration, ensure and facilitate the proper functioning of the Constitutional Council and the institutions referred to in Chapter VIIA, and on the advice of the Election Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda have been removed. This has placed the executive branch on the top of other two branches giving unlimited powers to the President, which can lead to a dictatorship.

 

20-vs-20-SC-SD-draft_finnal… by Thavam Ratna