Supreme Court Declares Two Other Bills Unconstitutional
By Colombo Telegraph -November 7, 2012
Justices Shiranee Tilakawardane
The Supreme Court has declared two clauses of the Appropriation Bill (2012) inconsistent with the Constitution. A three judge Bench comprising Justices Shiranee Tilakawardane, Priyasath Dep and Eva Wanasundera held that the two clauses in the Bill, unless amended in line with its determination, would violate the constitutional provision giving Parliament full control over public finance, because they provide too much discretion to the executive in the disbursement and raising of public funds. The Court’s Special Determination was made on a challenge to the Bill by theCentre for Policy Alternatives (CPA).
Meanwhile, another three judge Bench comprising Justices P.A. Ratnayake, Chandra Ekanayake and S.I. Imam declared a provision relating to the detention of persons in the Criminal Procedure (Special Provisions) Bill (2012) also inconsistent with the Constitution, unless it was amended in line with an undertaking given to court by the Attorney General.
Both determinations of the Supreme Court are reproduced below.
Supreme Court Determination -Appropriation Bill
