Put The Country Before Private Concerns
By Nagananda Kodituwakku –January 13, 2016
Nagananda Kodituwakku
Speaking to Indian Express on 11th Jan 2015, Mahinda Rajapaksa stalwart and former Constitutional Affairs Minister GL Peiris has said that not following the due process established by law, the new regime’s constitution making exercise would become illegal.
Speaking to the Island on 30th Dec 2015, he had also said that though the Constitution had to be amended from time to time as circumstances required, it should be done in accordance with the law and the procedure is very clearly spelt out in Article 82, 83 and 84 in the Chapter 12 of the Constitution.
The legal scholar further elaborated that the most important provision in this Chapter is Article 83. And Article 83 identifies 11 provisions, which require in addition to a two-thirds majority approval by the people at a referendum and that, “these provisions are specifically entrenched in this manner because of the importance in terms of the nature as well as essential characteristics of the Sri Lankan State. They cannot be amended or repealed without a referendum. This is a mandatory requirement contained in the highest law of the land.” GL Peiris further emphasized that those provisions had been given special status to enable the people to consider them separately and decide whether they should be retained or abolished.
Article 83 of the Constitution
Article 83 provides that a Bill for the amendment or for the repeal or emplacement of or which is inconsistent with any of the provisions of Articles 1, 2, 3 (sovereign power of the people which include the power of the government, fundamental rights and franchise), 6, 7, 8, 9, 10,11, 30 (to extend the term of the President, 62 (to extend the duration of the Parliament) shall not become law unless, in addition to the two-third majority, approved by the people at a referendum and a certificate is endorsed thereon by the President (not by the Speaker) in accordance with Article 80. Read More
