News

The Supreme Court has determined as unconstitutional several clauses in the two electricity reforms Bills that were referred to it by the President and said they would need a special majority in Parliament to be approved in their present form.

The three member Bench headed by Chief Justice Sarath N. Silva ruled that several clauses of the Bill are inconsistent with Article 12 (1) of the Constitution which accords equal protection under the law to all citizens. The Court’s determination was announced in Parliament on Tuesday.

The Court referred to the responsibility vested in the Ceylon Electricity Board (CEB) by law, in the CEB Act No 17 of 1969, which states it was the duty of the CEB, to develop and maintain an efficient, co-ordinated and economical system of electricity supply.

The Court said that these provisions in the 1969 Bill are essential legal safeguards to ensure an efficient, co-ordinated and economical service vital to the community.

“A disruption of a vital service has a serious impact on the people as evidenced in the disruptions of petroleum supplies and port services. A disruption of electricity would have far more serious consequences,” the Court said adding that instead of strengthening this vital duty, the new Bill under which six Electricity Utility Companies (EUCs) are to be created to run the electricity services in the country would be a denial of the protection of law assured to the people by the old Bill as well as a violation of the Constitution. The Court also referred to the Voluntary Retirement Scheme which will be provided for under the new Bills noting that employment in a new company is only dependent on such employment being offered by the CEB.

“The absence of an assurance of employment being offered in the same post that an officer is working or of guidelines as to the exercise of discretion when making an offer of employment in EUCs is inconsistent with Article 12 (1) of the Constitution, the Court said.

The other members of the Bench were Justices Shiranee Thilakawardena and Saleem Marsoof.