The Government intends to introduce certain amendments to the proposed 20th Amendment to the Constitution (bill) at the committee stage in Parliament, the Attorney General submitted to the Supreme Court yesterday.

Attorney General Dappula de Livera PC made these remarks when 39 Special Determination petitions filed challenging the constitutionality of the proposed 20th Amendment to the Constitution were taken up before the Supreme Court five-judge-bench.

The Attorney General said he has received written instructions from the Government along with the proposed amendments that the Government intends to introduce certain amendments to the bill at the Committee Stage. “I am making this statement as a matter of disclosure,” the Attorney General said. He tendered in Court the document containing the proposed committee stage amendments. The copies of the document were handed over among the all parties including the petitioners and intervenient petitioners.

According to the proposed committee stage amendment in respect of clause 31, it has proposed to delete lines 6 and 7 and substitute the following.

“There shall be an qualified Auditor General and subject to the provisions of Article 41A, be appointed by the President.

The Auditor General shall audit all departments of the Government, the office of the Secretary to the President, office of the Secretary to the Prime Minister, the office of the Secretary to the Cabinet of Ministers, the Judicial Service Commission, Parliamentary Council, Secretary General of Parliament and so on.

Explaining the time arrangement made regarding the petitions, Chief Justice Jayantha Jayasuriya announced that a maximum of 30 minutes will be allocated for each counsel and Court will hear petitioners first and subsequently the submissions of intervenient petitioners and Attorney General. The Chief Justice announced that the Supreme Court intends to conclude hearing by Friday (02) itself.

Meanwhile, Minister Nimal Siripala de Silva, Minister Prof. G.L. Peiris, Minister Gamini Lokuge, W. Dayaratne PC, Attorney Sagara Kariyawasam, Ven. Omare Kassapa Thera, W.A.D. Weeratilleke and P.G.B. Abeyratne sought court’s permission to intervene into these Special Determination petitions.

Counsel Dharshana Weraduwage appearing for first petitioner Indika Gallage informed the Supreme Court that clause 5 of the bill removes Article 35 of the existing constitution, which enabled the citizens of this country to challenge the actions or omissions of the President by way of Fundamental Rights petitions under Article 126. He said removal of this clause is detrimental to people’s sovereignty.

Weraduwage further said clause 15 of the bill removes Article 78(1) of the existing constitution, which mandated that the bills be 14 days prior to the bill being placed on the Parliamentary Order paper.

He alleged that 14 days time period has been reduced to seven days.

Expressing views regarding the clause pertaining to dual citizenship, Weraduwage said the appointment of non citizens to the legislature would endanger the country’s national security.

Suren Fernando appearing for Samagi Jana Balawegaya General Secretary Ranjith Madduma Bandara, MP Mayantha Dissanayake, Rasika Jayakody and Lihini Fernando said all clauses of the bill are inconsistent with the Article 3 of the constitution. Fernando argued that the proposed bill was prejudicial to the sovereignty of the people and inconsistent with the concept of checks and balances.

President’s Counsel K.Kanagiswaran with Senior Counsel Viran Corea stated that the proposed Bill was ill considered and a self created one.

The Bill in its entirety has no force effect in law. It would destroy the basic structure of the Constitution. Supremacy of people’s sovereignty is a basic structure of people. My submission is that the basic structure of the Constitution cannot be changed through the legislative process.

President’s Counsel M.A.Sumanthiran informed Court that power of one organ of the government should not transfer to another depriving people’s sovereignty.

The sixth petitioner Nagananda Kodituwakku told the Supreme Court that the legislature and the executive are attempting to take away the independence of the judiciary and independence of the Attorney General.

The Supreme Court five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Sisira de Abrew, Priyantha Jayawardena and Vijith Malalgoda fixed further submissions for today (30).

President’s Counsel Sanjeewa Jayawardena, Shavindra Fernando PC, Gamini Marapana PC, Navin Marapana PC, counsel Rajpal Abeynayake appeared for the intervenient parties.

Attorney General Dappula de Livera with acting Solicitor General Sanjay Rajaratnam, Additional Solicitor General Indika Demuni, Additional Solicitor General Farzana Jameel appeared for the Attorney General.