By Chitra Weerarathne
Champani Padmasekera, the Assitant Secretary to the SLFP Lawyers’ Association on Monday petitioned the Supreme Court challenging the constitutionality of the proposed Nineteenth Amendment to the Constitution of Sri Lanka.

The petition said the bill titled the "Nineteenth Amendment", infringes the sovereignty of the people as enshrined in Article 3 of the Constitution read with Article 4 and Article 2.

It is a derogation of the sovereignty of the people. In the preamble to the nineteenth amendment, the parliament has usurped the power to make "Constitutional settlement" of the armed conflict in the North and the East, which can be extended to the breaking up of the unitary state, which is in complete derogation of Article 2 of the Constitution.

The first two parts of the preamble are in total conflict. Contradictory to the object and the scope of the bill it is a derogation of the legislative power of the people. It contravenes Articles 3 and 4 of the constitution.

The third part of the preamble declares the object and the intention to achieve stability in government in parliament. The legislative power of parliament flows from the people’s legislative power. It cannot be amended without asking them.

The proposed amendment to Article 43, would mean to amend the executive powers of the President.

Article 43 is to be amended and subjected to a new Article 70A. This is a dilution of the executive powers of the people, which is exercised through the Executive President elected by the people.

The proposed Amendment of Article 49(2), would eventually lead to unscrupulous cross overs in parliament, which will pose the greatest ever threat to democracy, the petition said.

The bill is inconsistent with the constitution, the petition filed under article 121 said.