The Judicature Amendment Bill will be tabled in parliament after the revisions State Minister Ajith P. Perera said in parliament Thursday.
He said the Judicature Amendment Bill has been accepted by the Supreme Court but it needs to be passed with a two-third majority as certain clauses included in the bill require amendments to the Constitution.
Since it is not possible to obtain a two-third majority under current situation in parliament, the bill will be amended in accordance with the Supreme Court decision and tabled in parliament, he said.
The Supreme Court has determined that section 12A(1) of the Bill is inconsistent with the article 154P(3)(a) of the Constitution and an amendment is required to be made to the Constitution to give effect to the section 12A(1) of the Bill. This requires the Bill to be passed by a two-third majority. However, if the jurisdiction is conferred on the High Court of Provinces under article 154(P)(3)(C) like in Act No. 10 of 1996 and Act No. 54 of 2006 this amending section will cease to be inconsistent.
The amending section 12A(2) of the Bill requires the Judicial Service Commission to nominate judges to the Permanent High Court at Bar. This is inconsistent with the article 154(P)2 of the Constitution and an amendment is required to be made to the Constitution to give effect to the section 12A(2) of the Bill which requires a two-third majority. However, if 12A(2) of the Bill is removed and Article 154P(2) remains as it is this inconsistency will cease.
The amending section 12(A)(7) is inconsistent with Article 12(1) of the Constitution. However, if the Chief Justice is given the power to decide whether to hold a trial at Bar or not this amending section will cease to be inconsistent.
