Proposed ‘domineering’ finance bill challenged in Supreme Court

A petition filed in the Supreme Court seeking special determination against a proposed bill titled “Finance” charged the bill would give unbridled power to the finance minister to introduce regulations, without the parliament first getting to determine on the limitations of the provisions of the regulations.

Petitioner Y.M.Punchibanda said a particular clause of the bill would authorise the finance minister to introduce regulations to declare free-ports and bonded areas which have inherent tax concessions and revenue limitations.

He alleged the finance minister would thus become the sole authority on the revenue generated from

A particular clause of the bill would authorise the finance minister to introduce regulations to declare free-ports and bonded areas which have inherent tax concessions and revenue limitations

such ventures, without any involvement by the parliament.

The petitioner pointed out that the bill therefore amounted to undermining of the legislative power of parliament and would centralize the decision making power on one individual.

He said the proposed bill would introduce a new levy titled Crop Insurance Levy to be charged, and it would be levied from institutions coming under the purview of several Parliamentary Acts, thus enabling the government to collect a new tax from these institutions.

Petitioner sought determination from the court that certain clauses of the bill were in contravention of the provisions of the constitution, and could not be enacted into law unless approved by the people at a referendum, followed by a two-thirds vote in favour of it in parliament.