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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