The Ilankai Tamil Arasu Kachchi (ITAK) has called for a public referendum before the proposed 22nd Amendment to the Constitution is enacted, arguing that the measure bears directly on the sovereignty of the people.
Hiru News reported that the decision was taken by the party’s Political Committee, which met on Saturday at its head office in Jaffna. The party’s position is that because the proposed law is closely bound up with the fundamental rights and sovereignty of the people, passing it in Parliament alone is not sufficient, and it must be put to those in whom that sovereignty rests for direct approval.
Hiru reported that the statement was issued over the signatures of ITAK President C.V.K. Sivagnanam and General Secretary M.A. Sumanthiran, President’s Counsel.
What the amendment proposes
The 22nd Amendment Bill would raise the retirement age of Supreme Court judges from 65 to 67 and that of Court of Appeal judges from 63 to 65. It also proposes increasing the retirement age of judges of the High Court, District Courts and Magistrates’ Courts to 62.
The bills were tabled in Parliament on August 18, and challenges followed the same day.
The referendum argument is already before the court
ITAK is not the first to make the sovereignty case. The first Supreme Court petition against the Bill, filed hours after the tabling by the Bar Association of Sri Lanka’s Treasurer and Assistant Secretary, asked the court to rule that the amendment must pass by a two-thirds majority in Parliament and then be approved by the people at a referendum — the same two-step test ITAK is now demanding politically.
By the end of that day the count had reached six petitions, including challenges from the SJB, Sarvajana Balaya, Prof. G.L. Peiris and the Free Lawyers organisation.
The amendment has drawn criticism beyond the Tamil parties. An eminent lawyer warned against interference with the judiciary in remarks reported on Saturday.
Neither report indicated any government response to the ITAK statement as of Sunday afternoon.
