Centre for Policy Alternatives on 16 October, 2012

The Centre for Policy Alternatives Vs. Attorney General (Appropriation Bill) (SC SD 15/2012)

Categories: Public Interest LitigationPublic Interest Litigation submissions

The Bill titled ‘Appropriation’ was placed on the Order Paper of Parliament on 9th October 2012. The Centre for Policy Alternatives (CPA) and its Executive Director Dr P. Saravanamuttu filed a Petition on 16th October 2012 in the Supreme Court (SC SD 15/2012) challenging the constitutionality of certain clauses of the Bill.

CPA contended that clause 5 and 6 of the Bill were inconsistent with the provisions of Articles 3, 4, 148 and 150 of the Constitution and that clause 2(1) (b) and 7 of the Bill were inconsistent with Articles 3, 4 and 148 of the Constitution. In these circumstances CPA submitted that the said clauses cannot be enacted into law unless if approved by the People at a Referendum in addition to a two-thirds vote of the whole number of the members of Parliament in favour as required by Article 83(a) of the Constitution.

The matter was taken up in the Supreme Court on 22nd October 2012. Written Submissions were filed on the 26th. The Supreme Court sent its determination on this matter to the Speaker in early November. The Appropriation bill was passed in Parliament on 8th December, 2012.The Bill passed in Parliament on 9th of April 2013 with amendments.