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Sunday, 28 October 2012

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No need to refer Divi Neguma Bill to NPC - Solicitor General

There is no need to refer the Divi Neguma Bill to the Northern Provincial Council (NPC) which remains dissolved, said Solicitor General Yuwanjan Wijethileke during his submissions on the constitutionality of the Divi Neguma Draft Bill before the three-member bench of the Supreme Court presided by Chief Justice Shirani Bandaranayake.

The Solicitor General citing several Supreme Court judgements, said that "Every Provincial Council" may well mean every Council in existence and it excludes any Council which remains dissolved or not established as yet.

He further said that the Supreme Court, in the Agrarian Services (Amendment) Bill, had held that the Provincial Council established for the Northern and Eastern Provinces had been dissolved and accordingly the President could not comply with the requirement of reference of the Bill to "Every" Council. "Every' Council may well mean every Council in existence.

Accordingly, the reference of the Divi Neguma Bill to a dissolved Provincial Council is not necessary since such dissolution has not been challenged as being a nullity.

 

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