The Bill threatens sovereignty & violates constitution - petitioner The Bill threatens sovereignty & violates constitution - petitioner
May 30, 2018

SD petition challenges Bill on land alienation Featured

A special determination petition challenging the bill entitled ‘Land (Restrictions on Alienation) (Amendment)’ that allows foreigners to buy land was filed on May 28 before the Supreme Court.

It says the move is a serious threat to the country’s sovereignty.

The SD petition was filed by a Western Provincial Councillor, Salochana Gamage, seeking a declaration that the bill shall become law only through a two-thirds majority in Parliament and approval at a Referendum.

The petitioner says that a Bill entitled ‘Land (Restrictions on Alienation) (Amendment)’ was presented in Parliament and placed on the Order Paper of Parliament on May 22, 2018.

The petitioner says that the said Bill, by removing the restriction for alienation of “any land, the title of which is transferred on or after April 1, 2018, to a company listed in the Colombo Stock Exchange,” the sovereignty of the people as protected by Articles 3 and 4 of the Constitution would be pleaded in danger of alienation.

The petitioner says that clauses 2 and 3 of the Bill, violate and thereby are inconsistent with Articles 3, 4, 12(1), 12(2), 75, 154G of the Constitution.

The petitioner says the Bill has not been referred to Provincial Councils in terms of the Article 154 G 3 of the Constitution and wherefore the Bill has been wrongly placed on the Order Paper without following the procedure as provided in the Constitution.

This special determination petition was filed through senior Counsel Kanishka Vitharana and Counsel H. M. Thilakaratne.