20A Bill NO PREJUDICIAL IMPACT TO SOVEREIGNTY

No infringement of people’s sovereignty ensured under Article 3 of the Constitution when the institutions exercising people’s sovereignty are changed

President’s Counsel M.A. Sumanthiran reiterated that there is no prejudicial impact to the sovereignty of the people by the proposed 20th Amendment to the Constitution Bill but it enhances the sovereignty.

He made his submissions before the Bench comprising Justices Sisira

J. De Abrew, Prasanna S. Jayawardena and Murdu N.B. Fernando for special determination on the constitutionality of the 20th Amendment to the Constitution.

The said the Bill was presented by Gampaha District MP Vijitha Herath of JVP to the Parliament as a private member’s Bill on September 5, 2018 to amend the present Constitution to curtail some of the powers of the Executive Presidency.

The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu intervened in the petition filed by MP Udaya Gammanpilla of Pivituru Hela Urumaya challenging the 20th Amendment to the Constitution (The Bill) which attempts to reduce the powers of the executive presidency.

Counsel M.A. Sumanthiran PC making his submission on behalf of CPA reiterated there is no infringement of people’s sovereignty ensured under Article 3 of the Constitution when the institutions exercising people sovereignty as mentioned in Article 4 of the Constitution is changed.

He contended that the sovereignty is with the people and will continue to remain with the people even under the proposed Amendment to the Constitution and that there is no prejudicial impact to the sovereignty of the people by the proposed Bill.

He further stated the proposed Bill does not directly violate any entrenched provisions stated in Article 83 and therefore does not require to be passed by a Referendum.

He underlined the judiciary cannot go beyond the intention of the framers of the Constitution and add more Articles other than the ones already existing.

M. A. Sumanthiran PC, with Viran Corea, Ms. Bhavani Fonseka, Ms. Shushmitha Thayanandan, Ms. Khyati Wickramanayake and Ms. Inshira Faliq appeared for CPA.

He identified that the present Constitution is a bundle of contradictions