SC determination on budget bills to Speaker

The Supreme Court says it’s of the view that it cannot take decisions in relation to the country’s fiscal management as parliament is the sole authority in this regard.

Chief Justice Sarah N. Silva made this observation when seven petitions challenging the Appropriation Draft Bill 2008 were taken up for hearing on Wednesday.

He said that the Secretary to the Treasury has powers to provide money to development projects identified and approved by parliament only. The petitions were heard by a three member Supreme Court bench comprising Chief Justice Sarath N. Silva, Justices N.E. Dissanayake and Andrew Somawanse. They said determination of the court would be sent to the President and Speaker of Parliament shortly.

Seven petitioners -- Management Consultant Nihal Sri Ameresekera, JVP MP Sunil Handunneththi, Centre for Policy Alternatives, A.M. Susiri Adikari, Institution of Human Rights, Themiya Hurulle and Dr. Oliver Fernando - have asked for a declaration that the Appropriation Draft bill for 2008 is not in compliance with the constitution and to issue an order to subject it to a two third parliamentary majority and the approval at a referendum.

Counsel for the petitioners argued that the government is trying to allocate money from the Consolidated Fund to meet state expenses violating clauses on fiscal management in the Constitution. But the Chief Justice said that parliament has all the powers to decide the fiscal policies and according to the Constitution the judiciary cannot interfere.