JHU Bill To Repeal 13th Amendment – Legal Challenge By CPA In SC today

July 1, 2013 

The Private Member’s Bill by Athureliya Rathana Thero, Member of Parliament (Jathika Hela Urumaya – JHU) has been challenged by the Centre for Policy Alternatives (CPA) in the Supreme Court, on the basis that the Supreme Court should determine that the Bill is unconstitutional and cannot be proceeded with, since it has not been referred to all the Provincial Councils as required by Article 154G(2) of the Constitution. The case is due to be taken up today (01.07.2013) in the Supreme Court.

Athureliya Rathana Thero

The Petition to the Supreme Court states that several Bills have previously been held to be unconstitutional and incapable of being proceeded with due to this failure. The Colombo Telegraph is reliably informed that several parties have asked to intervene and support the Bill when the petition is taken up for hearing today.

Here is the full text of the Petition filed by the Centre of Policy Alternatives (CPA) that the Colombo Telegraph has been able to obtain:

IN THE SUPREME COURT

OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application in terms of Article 121 read with Article 120, Article 78 and Article 154(G)(2) of the Constitution to determine whether the Bill titled “The Twenty First Amendment to the Constitution (Private Member’s Bill)” or any part thereof is inconsistent with the Constitution.

Centre for Policy Alternatives (Guarantee) Limited,

24/2, 28th Lane, Off Flower Road,

Colombo 07.

                                                            Petitioner

JHU Bill to Repeal 13th Amendment Egal Challenge by CPA in SC Today by nelvely