Referendum Required on Clause 17 of Anti-Corruption Bill, Speaker Jagath Wickramaratne

24-Sep-2026

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Speaker Jagath Wickramaratne informed Parliament that certain provisions of the Anti-Corruption (Amendment) Bill are inconsistent with provisions of the Constitution and therefore require passage by a two-thirds majority.

He further stated that the Supreme Court had determined that Clause 17 of the Bill was inconsistent with the Constitution and therefore required not only a two-thirds majority in Parliament but also approval at a referendum.

The Speaker announced the court's determination during the parliamentary sitting held on 22 September 2026.

He further informed the House that Clauses 3, 4, 6(4) and 6(5) of the Anti-Corruption (Amendment) Bill were not inconsistent with the Constitution and could therefore be passed by a simple majority.

Clause 6(7) of the Bill is inconsistent with Articles 12(1) and 14(1)(a) of the Constitution and can therefore be approved only by a special majority in accordance with Article 84(2) of the Constitution.

Clause 7 of the Bill is inconsistent with Article 12(1) of the Constitution. Therefore, the proposal to repeal Article 81(උ) should be withdrawn. If Clause 7 is to proceed in its present form, it must be passed by the majority required under Article 82(5) of the Constitution.

Clause 11(1) of the Bill proposes an amendment to Article 88(1)(f) in a manner that does not conflict with Article 12(1) or Article 14A(1) of the Constitution. It can therefore be passed by a simple majority in Parliament.

Clause 11(2), as proposed to be amended at the Committee Stage of Parliament, is not inconsistent with Articles 10, 12(1), 14(1)(a) or 14A of the Constitution. It can therefore be passed by a simple majority.

Clause 17 of the Bill is inconsistent with Article 4(e), read together with Article 3 of the Constitution. Article 13(2) of the Constitution further confirms this determination.

Therefore, for Clause 17 to become law in its present form, it must be passed by a special majority in accordance with Article 84(2) of the Constitution and approved by the people at a referendum under Article 83 of the Constitution.