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Tuesday, 9 October 2012

Speaker of Sri Lanka parliament warns Supreme Court for bypassing his authority

Speaker of Sri Lanka parliament Chamal Rajapaksa today criticized the country's apex court for disregarding his authority in the parliament when the court presented its ruling on the controversial Divineguma bill. Speaking to the Assembly the Speaker said
he was concerned by the Supreme Court's action to deliver their decision on the Bill to the Secretary General of Parliament instead of the Speaker. "The determination of the Supreme Court of a Bill titled 'Divineguma' contains a disturbing feature where functions attributed to the Speaker by the Constitution have been assigned to the Secretary General of Parliament," he said in the parliament today. "If the Secretary General of Parliament is to be substituted for the Speaker, the Constitution will have to be amended accordingly, which is a matter for the legislature," the Speaker pointed out. Further speaking on the legality of the Supreme Court's action, the Speaker said he had sought the guidance of the party leaders on the matter and the party leaders at their meeting last month have concluded that the when a petition is filed against a Bill in the Supreme Court, a copy shall be delivered to the Speaker at the same time. The party leaders have decided that the Parliamentary supremacy and the authority of the Speaker as envisaged in the Constitution should be recognized and given effect to by all other arms of authority and requested the Speaker to make a statement on the matter in the parliament. Explaining the infraction, the Speaker said a petition on the Bill has been delivered to the Secretary General of the parliament while the Constitution declares that it has to be delivered to the Speaker. "The Constitution cannot function effectively if there is any encroachment or abridgement of the rights and privileges of Parliament," the Speaker said. Concluding his statement, the Speaker said he makes the decision that in terms of Article 121 (1) of the Constitution a copy of a reference made by the President or petition by a Citizen to the Supreme Court shall at the same time be delivered to the Speaker and not to the Secretary General of Parliament. Such a delivery to the Secretary General of Parliament shall not be treated by Parliament as due compliance with the terms of Article 121 (1) of the Constitution, he noted. The Speaker directed the Secretary General of Parliament to send a copy of his decision to the President and to the Judges of the Supreme Court. -->

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