President’s Counsel Weliamuna has pleaded that the Supreme Court could examine a Bill for its constitutionality. But, the powers of the court as regards an Act of Law are limited to interpretation only. Furthermore the petition violates the Election Law’.
Weliamuna was making submissions as intervenient applicant before the Supreme Court hearing the preliminary objections raised by the Attorney General in respect of the fundamental rights violation petition filed by retired Chief Justice Sarath Nanada Silva PC, challenging the introduction of amendments, at the committee stage of Parliament, to the bill to amend the Provincial Councils Elections Act of 1982.
Weliamuna submitted that petition by Sarath N. Silva should be dismissed in limine. The request by the petitioner violated the Election Law as it stood today. By Article 77, the Attorney General could say whether an amendment needed a two-thirds majority. The Attorney General’s opinion was limited to that. The petition had made a frontal attack on the Attorney General. He had been named.