Sri Lanka’s 22 constitutional amendment gets clearance from Supreme Court

The draft bill on the 22nd Amendment, aimed at empowering Parliament over the executive president, was approved by the country’s Cabinet and gazetted last month

Sri Lanka’s Supreme Court has cleared the bill seeking the 22nd amendment to the Constitution, ruling that it can be adopted with a two-thirds majority in Parliament and some clauses requiring a nationwide referendum, the Speaker said on Tuesday.

The draft bill on the 22nd Amendment, aimed at empowering Parliament over the executive president, was approved by the country’s Cabinet and gazetted last month. The 22nd Amendment was originally named 21A and meant to replace the 20A.

The amendment was formulated amid the ongoing economic turmoil in the country which also caused a political crisis. It is meant to replace the 20A that had given unfettered powers to ex-President Gotabaya Rajapaksa after abolishing the 19th Amendment.

Speaker of Parliament Mahinda Yapa Abeywardene said the 22nd amendment to the Constitution can only be adopted with a two-thirds majority in Parliament and a nationwide referendum on clauses 2 and 3 of the bill that are inconsistent with the Constitution.

The Supreme Court recommended changes to help Parliament pass the bill with only a special majority. The bill aims to restore independent commissions and also curbs some of the powers of the president.

Interested parties were given time to petition the Supreme Court. The court determination was received by Parliament on Tuesday. There were 10 such petitions filed.

The 22A was meant to undo the 20A adopted in 2020 which restored full executive powers to then-President Gotabaya Rajapaksa. Rajapaksa had reversed through 20A the features of the 19A which had empowered Parliament over the presidency.