A fundamental rights petition has been filed in the Supreme Court, asserting that holding a presidential election without the proper enactment of the 19th Constitutional Amendment into law violates the fundamental rights of the people of Sri Lanka. Attorney-at-Law Aruna Laksiri Unawatuna clarified the legal arguments underpinning the petition.
The petition, filed by Unawatuna, requests an order to hold a referendum for the approval of the 19th Constitutional Amendment before conducting the presidential election. The petition names the Secretary General of Parliament and the Attorney General as respondents.
Unawatuna clarified that the 19th Constitutional Amendment, introduced in 2022, seeks to amend several provisions of the Constitution, including Article 70, which pertains to the dissolution of Parliament. He argued that for the amendment to become law, it must comply with the procedural requirements outlined in Articles 82 and 83 of the Constitution. Article 82 stipulates that any bill for the amendment of the Constitution must be passed by a two-thirds majority in Parliament, while Article 83 requires certain amendments, including those affecting fundamental rights, to be approved by the people in a referendum.
The lawyer emphasized that the proposed amendment has not yet been duly enacted into law because it has not been subjected to a referendum as required by Article 83. Unawatuna further mentioned that petitions concerning the constitutionality of the proposed amendment were reviewed by the Supreme Court, as mandated by Article 121. This review is crucial in determining the constitutionality of any proposed amendment.
Referencing a past incident in 2018, Unawatuna recalled when the then-President dissolved Parliament, leading to a fundamental rights petition filed in the Supreme Court. The Court, with a panel of seven judges, invalidated the gazette notification dissolving Parliament. The ruling emphasized that Article 70(1) takes precedence, which states that the President may dissolve Parliament only after four and a half years unless requested by a resolution of Parliament. This incident underscores the importance of adhering to constitutional provisions to avoid infringing on fundamental rights.
The lawyer argued that the 19th Constitutional Amendment remains a bill and has not become law due to the absence of a referendum, as required by Article 83. Therefore, the decision of the Election Commission to proceed with the presidential election, treating the bill as law, is being challenged. Unawatuna claims that holding a presidential election based on a bill not duly enacted into law violates the fundamental rights guaranteed by Article 12(1), which ensures equal protection of the law for all citizens.
Consequently, the petition seeks an order from the Court directing the Secretary General of Parliament to hold a referendum to properly enact the 19th Constitutional Amendment before conducting the presidential election. Unawatuna emphasizes that failure to follow the proper constitutional procedures undermines the rule of law and the fundamental rights of the citizens of Sri Lanka.
