Centre for Policy Alternatives on 25 October, 2013

The Centre for Policy Alternatives Vs. Attorney General (Appropriation Bill) (SC SD 19/2013)

Categories: DocumentsPublic Interest LitigationPublic Interest Litigation submissions

The Bill titled ‘Appropriation’ was placed on the Order Paper of Parliament on 22nd October 2013.The Centre for Policy Alternatives (CPA) and its Executive Director Dr. P. Saravanamuttu filed a Petition on 25th October 2013 in the Supreme Court (SC SD 19/2013) 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 4th November 2013. Written Submissions were filed on 7th November 2013.

The Supreme Court sent its determination on this matter to the Speaker on the 21stNovember 2013. The Court is of the opinion that neither the Appropriation Bill submitted to the court under reference nor any of its provisions are inconsistent with the Constitution. The Appropriation bill was passed in Parliament with a majority of 95 votes on the 20th December 2013.