Joint Opposition tells President a referendum is essential for the 22nd Amendment

The Joint Opposition has written to President Anura Kumara Dissanayake arguing that a referendum is legally necessary before the proposed 22nd Amendment to the Constitution can proceed.

The letter, signed by leaders of the grouping, states that the amendment affects the sovereignty of the people protected under the Constitution, and that a referendum is therefore essential.

The Joint Opposition asks the President to require the Cabinet of Ministers to certify that the amendment is intended to be submitted to the people at a referendum. It argues that a public vote is needed to ascertain the will of the people on the fundamental changes contemplated by the proposed amendments to Article 107(5) of the Constitution — the provision that sets the retirement ages of superior court judges.

In support of that position the letter cites the provisions of Chapter XIII of the Constitution, which governs constitutional amendments requiring approval at a referendum, along with several earlier Supreme Court determinations.

The letter also raises an objection to the forum in which the question would ordinarily be settled. It describes as problematic the prospect of the Supreme Court itself ruling on the matter, on the basis that the court is the direct beneficiary of the measure.

Taking the power to decide the question away from the people, the Joint Opposition says, would amount to a violation of the popular sovereignty safeguarded by the Constitution.

The 22nd Amendment was gazetted on August 7 and would raise the retirement age of Supreme Court judges to 67 and of Court of Appeal judges to 65. The Bill is due to be tabled in Parliament on August 18.

The referendum argument is not confined to the Joint Opposition. The Bar Association of Sri Lanka has said the amendment requires a referendum and has urged the government to withdraw the Bill, while civil society organisations have formed a common platform to campaign against it. The Joint Opposition said earlier this month that it would also petition the Supreme Court and seek a hearing before every sitting judge.