The bypassing the legal requirements in the presentation of the Bill now Act

The ACT in question has not gone through the process of publication as required by Art 78(1) of the constitution where it is published in the Gazette 7 days prior to it being placed in the order paper of Parliament. This is so that a citizen can challenge the constitutionality by a petition to the Supreme Court. The govt. has used an exceptional provision in Art 122 where if the Cabinet decides that the Bill is URGENT IN THE NATIONAL INTEREST the President refers it to the Supreme Court as in this instance. If it is enacted on Wednesday Nov 9^th it will be irreversibly binding. The Bill is NOT in the National Interest and therefore violates all acceptable norms. On the date this bill is enacted the assets will vest in the Secretary to the Treasury for and on behalf of the Government of Sri Lanka.

Do not forget that when an ACT is passed there is little recourse as that is law and no one can question its validity. That is why time and debate is essential before any Act is passed in order that the contents are subject to satisfactory consultation.

In the former CJ Sarath Silva’s article in the Daily Mirror he says that “the decision of Parliament is not subject to judicial review” Thus the parliament (the legislative body ) is being thrust by the Executive by a deft move to the role of exercising Legislative Executive and Judicial Power in contravention of Article 3 and 4 of the Constitution.

The Bill violates the fundamental rights guaranteed by Article 12(1) of the Constitution “persons are equal before the law and are entitled to the equal protection of the law.

The Bill further denied to specific persons their right to engage in a lawful enterprise in violation of the fundamental right guaranteed by Art 14(1)(g) of the constitution.

Further the Bill denies the specified persons their Human Rights guaranteed by Article 17 of the Universal Declaration of Human Rights.- (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property. “Any decision made without affording a hearing to the affected party is arbitrary.

The Universal Declaration is now considered to be Public International Law. Thus the Bill says Sarath Silva is a shocking mockery of the legislative processes, constitutionality and the Rule of Law.