A Special Determination petition challenging the “Office for Reparations” enactment bill was filed before the Supreme Court by an attorney-at-law yesterday.
The petitioner, Gange Dinesh De Silva is seeking a declaration that the bill shall become law only through a two-thirds majority in Parliament and approval at a referendum.
Dinesh De Silva stated that the concerned bill was presented to Parliament and placed on the Order Paper on July 17, 2018.
The petitioner said Section 7 (2)(b) of the Bill which purports to transfer executive power on the Prime Minister, the Speaker and the Leader of the Opposition is contrary to Articles 3, 4 (b) and 30(1) of the Constitution, and as such, requires to be passed with two-thirds majority in Parliament and also with the approval of the people at a Referendum as stipulated by Articles 83 and/or 84(2) of the Constitution.
De Silva further stated Section 16(1) of the Bill enables the Office for Reparations to receive funds by way of donations, grants or gifts from both local and foreign sources without the approval of Parliament as is the case with all other public bodies, and as such violative of Articles 3, 4 and 12(1) and also Chapter XVII of the Constitution, and hence, requires to be passed with two-thirds majority in Parliament and or also with the approval of the People at a Referendum as stipulated by Articles 83 and or 84(2) of the Constitution.
This special determination petition was filed through Counsel Nayantha Wijesundara.