Budget bill challenged by public interest activist
2008-10-15 16:50:57

Public interest activist Nihal Sri Ameresekere filed a petition in the Supreme Court this week challenging the Appropriation Bill 2008 (Budget 2009) and seeking a determination as to whether any one or more of its provisions are consistent with and/or ultra-vires to the Constitution.

According to the petition, Mr. Ameresekere submitted that some clauses of the Appropriation Bill 2008 amount to the alienation, relinquishment or removal of legislative power of the people and are inconsistent with articles in the Constitution. The clauses also usurp and subvert the Constitutional mandate that parliament shall have full control over public finance, thereby violating Article 148 of the Constitution. >br>
He further asserted that the Treasury Secretary appointed by the President and being under the control and direction of the Executive, the power attributed to Parliament cannot be alienated, relinquished, removed or transferred to the Executive. He also states that the Bill vests unfettered discretion or authority in the Secretary to the Treasury or any other officer authorized by him, when the Constitution does not attribute any such unfettered discretion or authority, and such is antithetic to the 'rule of law' .

Mr. Ameresekere argues that the Bill violates the basic premise that public finance is held in trust for the people of Sri Lanka, who cannot be denied of the due and proper accountability therefor, which is against the 'rule of law' and that the Bill seeks Parliamentary approval for allocations of public funds, without specifying the public services or specific public purposes for such funds, in violation of Articles 150(2) and 149(1) of the Constitution.

He goes on to state that the Bill violates the Constitutional mandates by not disclosing the 'other funds of the Government' and the utilization of such funds in addition to violating the scheme set out in Chapter XVII of the Constitution for full control by Parliament over public finance. The Bill also violates the 'Directive Principles of State Policy' and 'Fundamental Duties' set out in Chapter VI of the Constitution.

The Attorney General is listed as the respondent in the case. Mr. Ameresekere's submissions, as a respondent, were said to have played a major role in the Lanka Marine Services Limited (LMSL) Supreme Court judgment filed by petitioner Mr. Vasudeva Nanayakkara. .