Court sets amendment or special-majority route for Cricket Bill as three determinations reach Parliament

Sri Lanka's Parliament received Supreme Court determinations on three proposed laws on November 12: the Sri Lanka Cricket Bill, the Immigration Bill and the Protection of the State from Terrorism Bill. The decisions followed constitutional challenges brought under Articles 120 and 121 of the Constitution.

Cricket Bill: two provisions need changes or a special majority

For the Cricket Bill, the Court found constitutional inconsistencies in Clause 29 and part of Clause 7. Those provisions would require the special parliamentary majority specified in Article 84(2), reported as a two-thirds majority, if passed in their existing form. The Court also set out committee-stage amendments that would remove the inconsistencies and allow the Bill to pass with a simple majority.

The final determination identifies Clause 29 as inconsistent with Article 14(1)(c). Its recommended replacement would provide for general membership when the law takes effect and allow the member to apply within 30 days for registration under a membership category in the Bill's Schedule, in the manner specified by the rules.

The relevant part of Clause 7 was found inconsistent with Article 12(1). The proposed change would cover professional services provided to Sri Lanka Cricket, alongside the provision concerning financial services relating to cricket. Subject to the amendments specified in its determination, the Court found no other provision of the Bill inconsistent with the Constitution. It said it had not considered the constitutionality of other committee-stage amendments beyond those specifically addressed.

The Speaker announced the Cricket Bill determination to Parliament. He had previously informed the House that 33 petitions challenged that Bill. The decisions on the Immigration and terrorism-related Bills were also presented, but the cricket-specific findings above should not be read as the Court's conclusions on those other two Bills. Tabling a determination is not the same as Parliament passing a Bill into law.