Sri Lanka Supreme Court Rejects Full Bench for Amendment Review

The Supreme Court of Sri Lanka is reviewing 67 Special Determination petitions challenging the constitutionality of the proposed 22nd Amendment to the Constitution. This represents the largest number of challenges ever filed against a constitutional amendment in the country's history. The court must determine if specific provisions of the governance reforms are consistent with the existing constitutional framework or if they require a public referendum or a two-thirds parliamentary majority.

On August 31, the court initially appointed a five-member judicial bench to hear the petitions. By September 2, Chief Justice Padman Surasena rejected a request from President’s Counsel M.A. Sumanthiran and other legal representatives to move the cases to a full bench. Sumanthiran argued that the complexity of the constitutional questions warranted a larger panel to ensure a thorough review.

Solicitor General Viraj Dayaratne, representing the Attorney General, countered that the Chief Justice maintains the constitutional discretion to determine bench composition. Chief Justice Surasena ruled that the cases will proceed before the existing five-member panel, which includes Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon, and Gihan Kulatunga. The court briefly adjourned proceedings during the hearing to move to a larger ceremonial courtroom to accommodate the public.