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The Supreme Court has ruled that there is no need to hold a referendum to pass the 22nd Constitutional Amendment Bill. Accordingly, Speaker Dr. Jagath Wickramaratne announced to Parliament today (22) that the relevant bill can be passed only by a special two-thirds majority vote in Parliament.
Presenting this special interpretation received from the Supreme Court at the commencement of parliamentary proceedings today, the Speaker pointed out that, in accordance with the provisions of Article 83 of the Constitution, there are provisions to pass this amendment without the approval of a public referendum. He also stated that the Supreme Court has confirmed that the 22nd Constitutional Amendment is in conformity with the Constitution.
The 22nd Constitutional Amendment Bill was presented to Parliament based on several factors, including the extension of the retirement age of Supreme Court judges from the current 65 years to 67 years, and the retirement age of Court of Appeal judges from 63 years to 65 years.
The panel of judges, having considered this draft bill which was challenged before the Supreme Court under Article 121(1) of the Constitution, has also indicated in its decision how certain words contained in some of its clauses should be amended. Furthermore, the Supreme Court has also made observations in its conclusion regarding the conditions imposed applicable to the person holding the office of Chief Justice on the date this Act comes into force.
In addition, the Speaker further informed Parliament that the Supreme Court has decided that the Judicial Organizations (Amendment) Bill, which was presented to the House concurrently with the relevant amendment, is also in conformity with the Constitution and can be passed by a simple majority vote in Parliament.
According to a special order by Speaker Dr. Jagath Wickramaratne, steps have also been taken to include this complete decision given by the Supreme Court in the official Hansard report of Parliament.