The Supreme Court of Sri Lanka has determined that certain clauses of the Ayurveda (Amendment) Bill are inconsistent with the Constitution.
Deputy Speaker Ajith Rajapaksa informed Parliament today that the Speaker has received the determination of the Supreme Court in respect of the Bill which was challenged in the Court in terms of Article 121(1) of the Constitution.
He further stated that the Supreme Court’s determination further states that the Bill should be passed with a special majority and a referendum.
Following is the determination of the Supreme Court on the constitutionality of the “AYURVEDA (AMENDMENT) Bill:
(1) Clauses 2, 3, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40 and 41 of the Bill are inconsistent with Article 9 of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of Article 83.
The inconsistency will cease if Clauses 2, 3, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40 and 41 of the Bill are amended by deleting the words Ayurveda Bhaisajjaka (ආයුර්වේද භෛසජ්ජක) and Bhaisajjaka (භෛසජ්ජක);
(2) Clause 46(4) of the Bill is inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.
The inconsistency will cease if the amendments as set out in page 53 of the Determination are made to the Bill;
(3) Clause 11(3) of the Bill is inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.
The inconsistency will cease if the amendments as set out in page 54 of the Determination are made to the Bill;
(4) Clause 13 of the Bill which seeks to amend the Main Act by, inter alia, repealing subsections (e) and (f) of Section 13 (1) of the Main Act is inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.
The inconsistency will cease if subsections (e) and (f) of Section 13(1) of the Main Act are retained;
(5) Clauses 24(1)(a), 25 and 46(2) of the Bill are inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.
The inconsistency will cease if those Clauses are removed; and
(6) Clause 46(1) of the Bill is inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.
The inconsistency will cease if the amendments as set out on page 55 of the Determination are made to the Bill.
The Deputy Speaker also directed that the Determination of the Supreme Court be printed in the Official Report of today’s proceedings of the House. (NewsWire)
