by Chitra Weerarathne
The Lanka Sama Samaja Party has complained to the Supreme Court that the bill titled the 19th Amendment to the Constitution of Sri Lanka, alienates the sovereignty of the people, declared as unalienable in Article 3 of the Constitution of Sri Lanka.

The petitioners are the LSSP, Batty Weerakoon and Member of Parliament Baddegama Samitha Thera.

The petition said that, according to the present constitution, the executive powers of the people are vested in the President and exercised through the Executive President, elected by the people. The proposed amendment denies the people, a part of their executive powers by allowing the parliament to dissolve on its own and taking off the power of dissolution from the President, elected by the people.

The petition said that the proposed amendment infringes the right to franchise of the people. Under the present constitution, the people could call for a fresh parliament, through the powers vested in the President by the people. Once the amendment is effected the parliament will dissolve on its own at the end of six years, independent of the public opinion.

The petition also said that the amendments sought to be made to Articles 43, 49, 70 and 99 of the Constitution, are inconsistent with Article 3 of the Constitution which vests the sovereignty in the people.

The amendments sought to be made to Articles 49 and 70 are ad hoc, the petition said.

The ‘clause 6’ of the proposed amendment deals with a ‘conscience vote’. This proposed amendment is arbitrary, discriminative and a right to freedom of assembly, the petition said.

The bill cannot be approved by a two thirds majority in parliament. It should be placed before the people at a referendum, as prescribed in Article 83(b) of the Constitution, the petition said.

The bill violates constitutional provisions, the petition explained. The sovereignty of the people are nullified, the petition said.