Parliament has legislative powers over Port City, rules SC

The Colombo Port City is part of the territory of Sri Lanka in terms of the law and Parliament has legislative power over the reclaimed area on which it was built, the Supreme Court (SC) has held.

These were two of the main highlights of the landmark ruling the five-judge SC bench delivered after hearing the Fundamental Rights Petitions that challenged the Constitutionality of the ‘Colombo Port City Economic Commission Bill.’ The bench was headed by Chief Justice Jayantha Jayasuriya.

The Court further noted that the State Lands Ordinance authorises the President to reclaim the foreshore or bed of sea and to erect buildings on any area of land so claimed by the sea.

The SC also rejected objections raised by petitioners that the bill could not be passed without first being referred to all the Provincial Councils (PCs), none of which was functioning now. “Therefore, noncompliance with this procedural step which cannot be performed, in the present circumstances, should not adversely impact on the legislative power of Parliament, which is a part of inalienable sovereignty of the People,” the judgment observes.

Court also extensively analysed several clauses that petitioners had argued violated the Constitution, and found several clauses to be so.

It found that clauses which state that when the Port City Commission seeks the concurrence of a Regulatory Authority, such authority should ‘render such concurrence to the Commission,’ take away the discretionary power of the authorities and are therefore inconsistent with Article 12(1) of the Constitution.

The SC also held that the regulatory structure set out in the Bill lacks clarity and provides for the exercise of arbitrary power by the Commission and thus, is inconsistent with Article 12(1) of the Constitution. It also asserted the importance of Regulatory Authorities being consulted when the President or assigned Minister makes regulations in terms of the Bill.

It also found that clauses which allow the Port City Economic Commission to draft rules, codes, directions or guidelines without Parliamentary control within Port City to be inconsistent with the Constitution.

In cases where the court found clauses to be inconsistent with the Constitution, the SC ruled that the inconsistencies would cease if amendments it suggests were incorporated.

The Bench comprised Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Priyantha Jayawardena, Murdu Fernando and Janak De Silva.

Log onto www.sundaytimes.lk to read the entire judgement.