Most of the Government’s amendments can proceed. But one provision cannot become law in its present form without both a two-thirds majority and the approval of the people.
On the same morning that the Government received an important constitutional clearance on 22A, the Supreme Court delivered a considerably more complicated answer on its proposed changes to Sri Lanka’s Anti-Corruption Act.
Much of the Anti-Corruption (Amendment) Bill can proceed by simple parliamentary majority. But the Court identified several provisions requiring greater constitutional protection.
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Most significantly, Clause 17 in its present form cannot become law merely through an ordinary parliamentary vote.
The Supreme Court determined that the provision is inconsistent with the Constitution and would require both the special majority contemplated by Article 84(2) and approval by the people at a referendum.
Clause 6(7) requires a special parliamentary majority, while the Court found Clause 7 inconsistent with the equality guarantee in Article 12(1), determining that the proposed repeal involved should be withdrawn unless supported by the required special majority. Other specified provisions can proceed with a simple majority.
That distinction matters.
