Twenty Second Amendment to the Constitution open to be challenged at the Supreme Court

The Twenty Second Amendment to the Constitution has been gazetted, and will now be open to be challenged at the Supreme Court

Justice Minister Wijedasa Rajapakshe told the Sunday Times that amendments to the Constitution would be submitted to the Parliament in early August.

“Any person can file objections at the Supreme Court within a week’s period”, he said. 

He added that the Supreme Court too have to give a decision considering the objections during a period of three weeks before the constitution amendment is submitted to the parliament and approved.

Mr Rajapakshe said that if positive suggestions are made at the Parliament they too would be included into the new Constitutional amendment.

The draft amendment proposes to reestablish the Constitutional Council (CC) that was in place under the 19th Amendment. The 10 member CC will be chaired by the Speaker and will also include the Prime Minister and Leader of the Opposition. 

The CC will have powers to recommend names of chairpersons and members of independent commissions to the President. Under the draft 22A, the President will not be able to make any appointments to these commissions unless the appointments have been approved by the CC. 

The CC is also empowered to recommend key appointments to the judiciary and the state service including the Chief Justice and Justices of the Supreme Court, the President and Judges of the Court of Appeal. In regard to these appointments however, it shall obtain the views of the Chief Justice.