Samagi Jana Balawegaya (SJB) Member of Parliament (MP) Ranjith Madduma Bandara has filed a petition before the Supreme Court of Sri Lanka which seeks to determine whether the Finance Bill and its elements are inconsistent with the Constitution.
Through this petition, Bandara also seeks to determine whether the Bill requires a special majority to be passed as per Article 84 of the Constitution and if it requires the approval of the People at a Referendum under and in terms of Article 83 of the Constitution.
The Petitioner pleads that Clause 2(1) of the aforesaid Bill enables “any person who has not disclosed any amount of taxable supply, income or asset which was required to be disclosed under the provisions of any law specified in Schedule 1 hereto” to enjoy a blanket and wide form of amnesty devoid of any categoric economic classifications.
The Petitioner further states that Article 4 of the constitution declares that “the legislative power of the People shall be exercised by the Parliament” which indicates that, the power remains and continues to be reposed in the People who are sovereign and that the exercise of this power by Legislature, being its custodian, is for the People.
Accordingly, it has been stated that given the nature of the Bill and the provisions that ensue, the above clause is further inconsistent with the Doctrine of Public Trust, which affirms that public powers are conferred as if upon trust, that an unconstitutional exercise of those powers is a betrayal of the trust.
In his Petition, Bandara has further outlined potential issues with another 11 more clauses contained within the Finance Bill.
Bandara has requested Court for a determination on whether the provisions of all listed Clauses are inconsistent with certain articles of the Constitution, and thus cannot be enacted into law save and except unless approved by the people by referendum, in addition to a 2/3rd majority vote of the whole number of members of Parliament in favour as required by Article 83(a).
Farman Cassim PC with Budwin Siriwardena and Mithun Imbulamure will represent the Petitioner. The Petition is expected to be taken up before the Supreme Court tomorrow (28).
Ranjith Madduma Bandara files Petition before SC, challenges Finance Bill
27 Jul 2021
Ranjith Madduma Bandara files Petition before SC, challenges Finance Bill
27 Jul 2021
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