Good to see the enthusiasm to challenge the 20A. But the SC can't decide the impact of the 20A on #lka democracy. The role of the Supreme Court is limited to saying whether the Bill requires a referendum or not. Even if the SC determines that the Bill requires a referendum (1/3)
The government can always call for a referendum (this hasn't happened before but it can happen). So the ultimate decision is with people. This is where political parties can play an important role in building public support against the Bill. (2/3)
Use the public interest around the Bill to raise awareness of the public about it's implications. Don't wait for the SC to kill the Bill, it can't. (3/3)
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A (longish) thread about the Online Safety Act NOT including the amendments mandated by the Supreme Court in its Special Determination. I usually don't talk about cases i have appeared in, but this raises several interesting constitutional law issues #lka (1/17)
I 1st heard of the draft Bill thanks to @aselawaid sharing information about the cabinet decision, which said the Attorney General had given "clearance for the draft Bill"
The Bill was published (gazetted) on 18/9/2023 / (2/17)
The Bill was tabled in Parliament & thereafter challenged by a large number of persons & organisations. The Court in its determination found that a number of clauses of the Bill were inconsistent with the constitution (3/17)newswire.lk/2023/11/15/fac…
So the "New version" of the governments 22nd Amendment has been gazetted. The document is available at documents.gov.lk/files/bill/202… some initial comments & thoughts 1/
There aren't many changes from the previous version of the governments 22nd Amendment. A big problem is with the composition of the Constitutional Council, which has not changed from the last draft.This composition gives the gov control over the CC see
Another big problem is that the President can retain the subject of Defence with him. The President can also assign any other subject and function to himself on the advice of the PM. So the President can exercise ministerial powers 3/
The government's 22nd Amendment to the Constitution has been gazetted. It is bad. It is far weaker than any of the versions previously proposed by the Minister of Justice (even his own private members bill) documents.gov.lk/files/bill/202… (1/11)
The Constitutional Council is sham. It gives the government control & is just a continuation of what is there under the 20th amendment. The government will have control of 7 of the 10 members when the President & government are from the same political party / coalition (2/
If the Constitutional Council is controlled by the government, then the "independent commissions" are no longer independent. So it doesn't matter how many new commissions you add. This is NOT what was there in the 19A (3/
The Prime Minister's defence of the provisions of the 20th amendment sound like cleverly written legal arguments designed to deflect. A quick response to some of these arguments is important considering the coverage this press statement is getting (1/15)
context is important & the PM's press release lacks that For more context read the statement by The Sri Lanka Audit Inspectors’ Association who are also challenging these provisions of 20A newswire.lk/2020/09/12/sl-… (2/15)
An clear theme of those defending the 20A in Court & outside is to down play the changes it is making. This is what the Attorney General is doing right now, this is the exact same thing the PM has done. If the changes proposed by the 20A are not consequential why do it? (3/15)
Claim 1 by the "Professor" of law (as reported by @NewsWireLK )
"President will have to report to courts and will not be able to efficiently serve the public"
This is FALSE the President does NOT report to Court. The cases are instituted against the AG who represents Pres. (1)
Claim 2: "The President was made to appear before various commissions and courts prior to his election. If he is to appear before such courts and commissions after being elected as the President, he will not have sufficient time to implement pledges made". This is also FALSE (2)
As the Constitution stands today. The ONLY proceedings in which the President's action can be challenged are before the Supreme Court in a Fundamental Rights application. The President isn't required to be there in person. S/he is represented by the AG. (3)
"What is prohibited,on the argument of the learned [DSG], is sitting & voting in Parliament, provided this disqualification is held to be operative against this elected representative.This Court is not going to look into the validity or invalidity of his election or any other."2
".. disqualification as what is sought to be challenged on grounds known to administrative law is the letter issued by the Commissioner of Prisons. It has to be pointed out that Articles 89 and 91 do not prohibit the oath taking of an elected Member of Parliament when...." (3/4)