Nine Petitions challenge 22A

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Nine Petitions were filed in Supreme Court yesterday (18), challenging certain provisions of the 22nd Amendment to the Constitution.

Secretary of the ‘Vinivida Peramuna,’ Attorney-at-Law Nagananda Kodituwakku, who was amongst the Petitioners, filed a Special Determination Petition with the Attorney General named as the respondent.

It was stated that according to Article 41A (1) of the 22nd Amendment of the Constitution, there shall be a Constitutional Council comprising the Prime Minister, the Speaker, the Opposition Leader, an MP appointed by the President, two MPs nominated by both the Prime Minister and the Opposition Leader, a professional nominated by the Organisation of Professional Associations of Sri Lanka, a person nominated by the Ceylon Chamber of Commerce, a professor of a State University nominated by the University Grants Commission, appointed by the President.

The Petitioner further stated that the 22nd Amendment provides that the appointment of Judges to the Supreme Court and the Court of Appeal could only be done upon the recommendations made by the President to the said Constitutional Council and upon the approval of the Constitutional Council which is an interference with judicial independence and would subject the Judiciary to be under the Executive.

Thereby, he sought an order declaring that the relevant provision is in contravention to Article 3 and 4 of the Constitution regarding sovereignty of the people and the exercise of the sovereignty and affects judicial independence, while requesting for notice to be issued on the Attorney General. The Petition was filed in accordance with Article 121 of the Constitution.

By Faadhila Thassim