The Supreme Court of Sri Lanka has ruled that several clauses in the proposed Sri Lanka Electricity (Amendment) Bill are inconsistent with the Constitution.
The determination, delivered to Parliament and announced by Deputy Speaker Dr. Rizvie Salih, follows petitions filed under Article 121(1) of the Constitution challenging the bill’s legality.
According to the Deputy Speaker, the Court determined that these provisions would require approval by a special majority in Parliament as well as a public referendum in order to be enacted in their current form.
The Deputy Speaker also ordered that the full Supreme Court determination be included in the official parliamentary record of the day’s proceedings.
Key findings from the Supreme Court include:
Clause 8(2) shall be amended suitably to provide that the members of the committee referred to therein shall be liable under the anti-corruption act N0.9 of 2023.
Clause 13 (1) (c) is violative of article 3 of the constitution, and requires it to be passed by a special majority of parliament, and be approved by the people at a referendum. However, the said violation shall cease if this clause is amended as set out in the summary of the determination of the Supreme Court.
Clause 13 (1) (b) is vague and arbitrary as it does not contain any provision relating to the transfer of employees and their right as employees during the second stage of unbundling. Therefore the clause is violative of article 12 (1) read with article 14 (1) (g) of the constitution. And this clause shall only be passed by the special majority required under article 84 (2). The said violation shall cease if this clause is amended as set out in the summary of the determination of the Supreme Court.
Clause 13 (12), is in violation of articles 12 (1) and 14 (1) (g) of the constitution. The said violation shall cease if this clause is amended as set out in the summary of the determination of the Supreme Court.
