Sri Lanka Bar Association Calls on All Political Parties

25-Sep-2026

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The Bar Association of Sri Lanka has called upon all political parties represented in Parliament to allow Members of Parliament to express their views and vote according to their conscience on the 22nd Amendment Bill to the Constitution submitted by the Government to Parliament.

The request was made in a statement issued by the Bar Association following the Supreme Court determination that a referendum is not required for the passage of the 22nd Amendment Bill.

In its statement, the Bar Association pointed out that, under Articles 120, 121 and 123 of the Constitution, the jurisdiction of the Supreme Court in relation to the Bill is to determine the constitutional requirements necessary for its passage, including whether the Bill or any of its provisions requires approval by the People at a referendum under Article 83.

Accordingly, the Bar Association noted that the Supreme Court determination does not concern whether the proposed amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament should or should not pass the amendment.

The Association further stated that this distinction is also evident from Sri Lanka’s previous constitutional amendments. It noted that, during the 48-year period since the introduction of the Second Republican Constitution, several amendments, although constitutionally enacted, have had adverse effects on democracy, constitutionalism, judicial independence and the rule of law.

Against this background, the Association stated that the question of whether the proposed amendment should be passed by Parliament arises for consideration.

It further stated that this responsibility rests with Parliament and each individual Member of Parliament who votes on the Bill. The Association therefore called upon Parliamentarians to consider the potential consequences of the 22nd Amendment for the country when making their decisions.