A five-judge bench headed by the Chief Justice has been appointed on September 25 to consider the special petitions filed against the 20th Amendment to the Constitution in the Supreme Court, reports Colombo Page. The panel of judges comprises Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluvihare, Sisira de Abrew, Priyantha Jayawardena and Vijith Malalgoda. The petitions are due to be considered on September 29. So far 12 petitions have been filed in the Supreme Court naming Attorney General as the Respondent. Keerthi Tennakoon, former Governor, Central and Southern Provinces and Executive Director, CaFFE, SSC Ilankovan, a resident of Thelippalai, Jaffna, Sihara Abdul Zaroor, Transparency International, Marin Lihini Fernando, Member of the Moratuwa Municipal Council, Rasika Lakmal Jayakody, a resident of Kadawatha and Center for Policy alternatives have filed petitions in Supreme Court naming the Attorney General as the respondent. The petitions point out that Sections 14, 16, 6, 5, 91 (1), 32, 33, 34, 35, 36, 37, 38 and 40 of the draft Bill are unconstitutional. According to Article 14 in the Bill, the President can dissolve Parliament at any time. The petitions allege that it is detrimental to the stability of Parliament. Also, according to Article 16, the President has the power to refer bills not passed by Parliament to a referendum. The petitioners point out that it is an undermining of the power of Parliament. Article 6 also provides for the President to appoint the Chief Justice and Justices of the Supreme Court. According to Article 25, the President also has the power to appoint members of the Judicial Service Commission. The petitioners point out that Article 5 of the Bill deprives them of the right and ability to file fundamental rights petitions against the President.
Earlier, Janatha Vimukthi Peramuna (JVP) General Secretary Tilvyn Silva on September 24 said that the JVP is in the forefront in abolishing the Executive Presidency, reports Daily News. He said “The 19th Amendment was brought to curtail the excessive powers of the President until such time the Executive Presidency is abolished. The Separation of power between the Executive, Judiciary and the Legislature and Check and balances are key principles of a democratic government to ensure that no branch would be too powerful. What the government is going to do through the 20th Amendment is to allow one branch to grab all powers ignoring the basic principle of democracy.” Silva added that the Government is dancing to the tune of imperialists.