Sri Lanka's Supreme Court has declined petitioners' request to have constitutional challenges against the proposed 22nd Amendment heard before a full bench, instead proceeding with a five-judge panel.
The Supreme Court rejected a request from petitioners seeking to have challenges against the proposed 22nd Constitutional Amendment considered by the entire bench of Supreme Court judges. The five-member panel, headed by Chief Justice Preethi Padman Surasena and including Justices Achala Wengappuli, Arjuna Obeysekera, Sampath Abeykoon and Gihan Kulatunga, will continue hearing the matter.
Petitioners' lawyers, including President's Counsel M.A. Sumanthiran, argued that because the amendment would have implications for the entire judiciary, a full bench should consider the case. The Attorney General's office countered that the Chief Justice, under Article 132(3) of the Constitution, has sole discretion to determine bench composition without external intervention. After hearing submissions, Chief Justice Surasena announced the proceedings would continue before the five-judge panel originally appointed.
The legal challenge hinges on claims that the amendment violates constitutional provisions protecting judicial independence. Sumanthiran, representing the Bar Association of Sri Lanka, contended the Bill undermines Article 3 of the Constitution regarding sovereignty and fundamental rights. President's Counsel Ali Sabry, appearing for former Minister Professor G.L. Peiris, argued the amendment conflicts with Article 170 and disrupts the balance of power between Parliament, the Executive and the Judiciary. He referenced previous Supreme Court determinations on the 18th and 19th amendments, asserting such changes require referendum approval alongside parliamentary majority.
The proceedings, which commenced in a smaller courtroom, were transferred to a larger space due to significant public interest and capacity constraints. Multiple petitioners' representatives presented arguments before the Court as hearings continued.