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SC’s decision revealed in Parliament



Audio Speaker – Mahinda Yapa Abeywardena made a statement on the Resolution of the High court in regard of the Expense labelled “Twenty First Modification to the Constitution.

The costs was tested in the High court in regards to Post 120 (1) (1) of the constitution.

The High court has actually identified that some conditions are irregular, need to go by unique bulk & & mandate.

The Audio speaker purchased to publish the Resolution of the High Court in the Authorities Record these days’s procedures of your home.

The High court has actually made the adhering to Decisions:-
( i) Conditions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 23, 24, 26, 27, 28 and also 36 of the Expense have stipulations irregular with Post 3 checked out along with Post 4( b) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84 (2) and also upon being authorized by the Individuals at a Mandate because of Post 83;( ii) Conditions 2, 3 and also 4 of the Expense are irregular with Post 3 checked out along with Post 4( e) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83;
( iii) Stipulation 14 of the Expense as it currently stands is irregular with Post 3 checked out along with Post 4( b) and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83.

Nevertheless, the requirement for a Mandate will certainly stop if the suggested Post 41A( 1) offers the Head of state to select someone as a participant of the Council as his candidate and also if the suggested Post 41A (6) is accordingly changed to get rid of the regarding arrangement laid out therein;
( iv) Stipulation 19 of the Expense is irregular with Post 3 checked out along with Post 4( b) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83;
( v) Stipulation 30( a) of the Expense looks for to restrict the judicial power of individuals, and also for that reason is irregular with Post 3 checked out along with Articles 4( c) and also 4( e) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83;
( vi) Stipulation 39 of the Expense in until now as it looks for to reverse Post 129( 1) of the Constitution is irregular with Post 3 checked out along with Post 4( c) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83;

( vii) Stipulation 43 of the Expense is irregular with Articles 2 and also 3 checked out along with Post 4( b) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83;
( viii) Stipulation 51 of the Expense looks for inter alia to present Phase XIX-C labelled National Protection Council of which the Head of state is to be the Chairperson. The suggested Articles 156J (1) and also 156J (2) are irregular with Articles 1, 2 and also 3 checked out along with Post 4( b) of the Constitution and also therefore might be passed just by the unique bulk called for by Post 84( 2) and also upon being authorized by the Individuals at a Mandate because of Post 83. Nevertheless, such disparity would certainly stop if the suggested Articles 156J (1) and also 156J (2) are changed to transform the structure of the suggested National Protection Council and also make the Head of state, the Chairperson of the suggested Council.





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