By The Lawyers Collective Denounces The Proposed Twenty-Second Amendment
The Cabinet of Ministers has approved the Twenty-Second Amendment to the Constitution Bill, aiming to extend the President’s or Parliament’s term beyond five years. This extension requires a two-thirds majority in Parliament and a public Referendum, amending the current Article 83(b), which limits such terms to six years without a Referendum. Amending Article 83 itself also necessitates a two-thirds majority and public approval, making it clear that the proposed Bill must meet these stringent requirements.
Former Prime Minister Ranil Wickremesinghe’s Nineteenth Amendment reduced the President’s and Parliament’s terms from six to five years without needing a Referendum, as it retained the six-year upper limit. The current proposed Amendment comes amidst calls from President Wickremesinghe’s allies for extending his term, sparking public outrage from those eager for upcoming elections, including delayed local government and long-overdue Provincial Council elections. The Supreme Court previously rejected a fundamental rights application to delay the Presidential Elections, reinforcing its stance from the Nineteenth Amendment challenge during President Sirisena’s tenure.
Presidential Election process
The Election Commission is expected to commence the Presidential Election process by late July or early August, with elections likely in late September or early October. If the proposed Bill secures a two-thirds majority in Parliament, a Referendum must follow within thirty days, potentially leading to two overlapping national elections. This scenario would create chaos and incur significant costs, with the Government already citing financial constraints for local government elections.
The Lawyers Collective asserts that lowering the upper limit of Presidential and Parliamentary terms is unnecessary and could disrupt the electoral process. They argue that the proposed amendment could be a tactic to complicate elections, noting that Parliamentary elections will follow the Presidential election. Robust discussions on constitutional changes—such as abolishing the Presidential system, electoral reform, and enhancing fundamental rights—are anticipated under the new administration, driven by the public’s demand for meaningful change following the 2022 Aragalaya uprising. These reforms, which might also require a Referendum, could include reducing term limits.
The Lawyers Collective denounces the proposed Bill as a manipulation of the electoral process and urges all democratic forces to oppose it
On behalf of the Lawyers’ Collective Upul Jayasuriya, President’s Counsel, Dr. Jayampathy Wickramaratne, President’s Counsel, Professor Savitri Goonesekere, Attorney-at-Law, Dinal Phillips, President’s Counsel, Dulindra Weerasooriya, President’s Counsel, Anura B. Meddegoda, President’s Counsel, Saliya Pieris, President’s Counsel
Professor Deepika Udagama, Professor Camena Gunaratne, S.T. Jayanaga, President’s Counsel, Chandra Jayasekare, President’s Counsel, Nalin Dissanayake, President’s Counsel, Upul Kumarapperuma, President’s Counsel, Chandima Muthukumarana, Attorney-at-Law, Rev. Fr. Noel Dias, Attorney-at-Law, Srinath Perera, Attorney-at-Law, K.W. Janaranjana, Attorney-at-Law, Nalani Manathunga, Attorney-at-Law, Akalanka Ukwatta, Attorney-at-Law, Ermiza Tegal, Attorney-at-Law,
Darshana Kuruppu, Attorney-at-Law, Sandamal Rajapakse, Attorney-at-Law, Rajitha Lakmal, Attorney-at-Law, M N Zeinul Luthufi, Attorney-at-Law, and Jayantha Dehiaththage, Attorney-at-Law.
