SC: Certain sections of Anti-Corruption Bill inconsistent with Constitution



By Saman Indrajith

Speaker Mahinda Yapa Abeywardana informed Parliament yesterday that the Supreme Court had determined that certain sections of the Anti-Corruption Bill were inconsistent with the Constitution.

At the commencement of business of the House, the Speaker announced that he had received the Determination of the Supreme Court in respect of the Bill, titled “ANTI–CORRUPTION,” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.

The determination of the Supreme Court on the constitutionality of the Bill, titled “ANTI–CORRUPTION,” is as follows: Clauses 1, 2(1)(f), 2(2), 3(2), 4(1)(a), 4(1)(b), 4(3), 17(1), 21, 31(2), 163(2)(h), 40, 48(3), 49(1)(f), 50(1)(a), 53(1), 62(1), 65, 67(5), 71(6) & (8), 80, 93, 99, 101, 112, 149 and 162 of the Bill are inconsistent with the Constitution.

However, these inconsistencies will cease if the amendments as set out in the Determination of the Supreme Court are made to the Bill.

In addition to the said amendments, the Supreme Court has held that the learned Additional Solicitor General has informed the Court that amendments to Clauses 8(3), 136, 141, 142, and 156 of the Bill as set out in the Determination will be made to address several concerns raised by the Petitioners.


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