September 24, Colombo (LNW): The Bar Association of Sri Lanka (BASL) has urged political parties represented in Parliament to give their MPs the freedom to make their own decisions when voting on the proposed Twenty-Second Amendment to the Constitution.
The call follows the Supreme Court’s determination on the Bill, which found that the proposed constitutional changes did not require approval through a public referendum before being considered by Parliament.
In its response, the BASL stressed that the Court’s determination dealt with the constitutional procedure required for the legislation and should not be regarded as an endorsement or rejection of the proposed amendment itself.
The Association said the ruling did not establish whether the legislation would constitute sound public policy, whether its provisions were desirable, or whether Parliament should ultimately approve the Bill.
The BASL also drew attention to Sri Lanka’s constitutional experience, noting that measures which have satisfied the formal requirements for constitutional amendments have, at different times, nevertheless raised concerns over their longer-term effects on democratic institutions, constitutional governance, judicial independence and the rule of law.
With the Bill now before Parliament, the Association said the ultimate responsibility for deciding its future rests with legislators themselves.
It called on MPs to examine the proposed changes carefully, including their potential long-term consequences, before reaching a decision. The BASL also highlighted concerns surrounding the manner in which the amendment was introduced, particularly questions relating to transparency and the extent of consultation undertaken during the process.
The Association further appealed to political parties not to impose restrictions on their MPs when the legislation is debated and put to a vote.
According to the BASL, lawmakers should be able to express their views openly and vote in accordance with their constitutional obligations, their responsibilities to the electorate and their duty to the people of Sri Lanka.
The intervention comes as Parliament considers the proposed amendment following the Supreme Court’s determination, with the legislation continuing to attract close attention from legal, political and civil society circles.