Supreme Court Decision on the Local Government Elections Special Provisions Bill Presented to Parliament

Speaker of Parliament Dr. Jagath Wickramaratne announced today that the Supreme Court has delivered its determination on the Local Government Elections (Special Provisions) Bill, following a constitutional review by a three-judge bench. The court ruled that, as a whole, the Bill or certain provisions within it are not inconsistent with the Constitution and can be passed with a simple majority in Parliament.

Presenting the court’s findings, the Speaker explained, "According to Article 121(1) of the Constitution, the Local Government Elections (Special Provisions) Bill was challenged before the Supreme Court. Following the review, I have received the court’s decision, which I am now reporting to Parliament."

Key Aspects of the Supreme Court’s Decision:

• The majority ruling, delivered by two of the three judges, held that Clauses 2 and 3 of the Bill are inconsistent with Article 12(1) of the Constitution. Therefore, the Bill, in its current form, would require a two-thirds majority in Parliament for enactment, as per Article 84(2) of the Constitution.
• However, the third judge expressed a different view, determining that the Bill or its provisions are not inconsistent with the Constitution and can be passed with a simple majority.

Implications of the Decision

The conflicting opinions within the bench highlight the need for further discussion in Parliament regarding the method of passing the Bill. While the majority opinion calls for a special two-thirds majority vote, the differing interpretation suggests that a simple majority could suffice.

Speaker Wickramaratne concluded his statement by saying, "I hereby direct that the full determination of the Supreme Court be printed in today’s official Hansard report for the reference of all Members of Parliament."

This announcement sets the stage for parliamentary debate on how to proceed with the Local Government Elections (Special Provisions) Bill, taking into consideration the legal and constitutional requirements outlined by the Supreme Court.