By The Pulseline News Desk
The Supreme Court has ruled that two clauses of the proposed Sri Lanka Cricket Bill are inconsistent with the Constitution, requiring a two-thirds majority in Parliament for their enactment unless amendments recommended by the Court are incorporated.
Speaker Jagath Wickramaratne announced the Supreme Court’s determination in Parliament on Thursday (12), following several petitions challenging the constitutionality of the proposed legislation.
According to the determination, the two provisions cannot be passed by a simple majority in their present form. However, the Court has indicated that the Bill could be enacted with a simple majority if the amendments recommended in its determination are incorporated.
“Clause 29 of the Bill infringes Article 1a(1)(c) of the Constitution and could be validly passed only with the special majority provided for in Article 84(2) of the Constitution.
“The inconsistency will cease and the Bill may be passed by a simple majority of Parliament upon the following Committee Stage Amendment being made: page 30, Clause 29 :(1) delete lines 1- to 5 (both inclusive) and substitute the following: ‘the coming into operation of this Act, shall be a general member of Sri Lanka Cricket and such member may within a period of thirty days of coming into operation of this Act, apply for registration under such category of membership as set out in the Schedule hereto in the manner specified by the rules.’
“Clause 7(l) of the Bill infringes Article 12(1) of the Constitution and could be validly passed only with the special majority provided for in Article 84(2) of the Constitution. The inconsistency will cease and the Bill may be passed by a simple majority of Parliament upon the following Committee Stage Amendment being made:
“Page 13, Clause 7 : delete lines 6 and 7 and substitute the following: ‘schools, is involved in providing financial services relating to the sport of cricket, or has provided professional services to Sri Lanka Cricket.’
“Subject to above, none of the other provisions in the Bill are inconsistent with any provision in the Constitution. Other than the Committee Stage Amendments which are specifically referred to in this Determination, we have not considered the constitutionality of any other Committee Stage Amendment,” the Supreme Court has noted.
The ruling comes amid longstanding controversy over the administration of Sri Lanka Cricket (SLC), which has faced repeated allegations of financial mismanagement, governance failures and political interference.
The proposed legislation is intended to introduce changes to the governance and administration of cricket in the country, amid calls for greater transparency, accountability and institutional reform.
However, aspects of the proposed Bill have drawn legal challenges, with petitioners questioning whether certain provisions are consistent with constitutional safeguards and the legal framework governing sports administration.
The Speaker had previously informed Parliament that 33 petitions had been filed before the Supreme Court challenging the constitutionality of the Sri Lanka Cricket Bill.
The Court’s determination now leaves Parliament with two options: incorporate the recommended amendments and proceed with a simple majority or retain the disputed provisions in their present form and secure a two-thirds majority for their passage.
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