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SC says VAT Bill process nullified

9 August 2016 02:17 pm - 23     - {{hitsCtrl.values.hits}}

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The Supreme Court said today that the due constitutional procedure and the parliamentary Standing Orders had not been followed when presenting the Value Added Tax (Amendment) Bill and as such the entire process had been nullified.

The SC announcement was communicated to Parliament by Speaker Karu Jayasuriya. The Court said a determination on the constitutionality of the bill could not be made on the grounds of the challenge raised by the petitioners one of whom was JO MP Sisira Jayakody. The court says the provisions contained in Article 152 of the Constitution and Standing Order 133 are imperative, and the failure to follow them had nullified the subsequent proceedings.

Article 152 says,"No bill or motion, authorising the disposal of or imposition of the charges upon the Consolidated Fund or other funds of the Republic or the imposition of any tax of the repeal, augmentation or reduction of any tax for the time being in force shall be introduced in Parliament except by a Minister, and unless such a Bill or motion has been approved either by the Cabinet of Ministers or in such manner as the Cabinet of Ministers may authorise."

Article 78(2) of the Constitution says the passing of a Bill should be done in accordance with Standing Orders. Standing Order 133 stipulates that the introduction of a Bill should signify to Parliament the approval of the Cabinet.

JO MPs thumped their desks when the Speaker read out the announcement. (Kelum Bandara)

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  Comments - 23

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  • Reader Wednesday, 10 August 2016 02:00 PM

    PM shows he is the expert on parliament affairs and constitution. Shame.

    Darm Wednesday, 10 August 2016 05:36 AM

    Constitution was violated from day one! It is called yahapalana!!

    Gurusinghe Tuesday, 09 August 2016 02:57 PM

    Yet another resounding slap on the govt. Thanks SC.

    kan Tuesday, 09 August 2016 02:57 PM

    It is amusing that law makers do not know the laws of Sri Lanka and just imposing taxes on public without any legal backing.

    Suraj Tuesday, 09 August 2016 02:59 PM

    Shame on the Parliament.

    pranjan@mireka.lk Tuesday, 09 August 2016 03:42 PM

    Lets see what will happen to CJ ? We remember what was happened during previous govt..

    Lanka Banana Tuesday, 09 August 2016 03:50 PM

    Who will refund for the VAT paid due to this illegal bill. I have bills with me.

    buddhika Tuesday, 09 August 2016 03:56 PM

    This government always says that it strengthens the rule of law, but they don't even know how a bill should be brought to the parliament

    Manushya Tuesday, 09 August 2016 04:07 PM

    Thank you government for not interfering into the judiciary.

    Dhanyshka Tuesday, 09 August 2016 04:07 PM

    This is a great sign of the independence of Law. The era of removing SC judges iOS over. Great achievement for the country.

    A.Pandithasekera Tuesday, 09 August 2016 04:13 PM

    Shame on the Finance Minister who did not know what he was doing!

    R.Sunthar Tuesday, 09 August 2016 04:14 PM

    Production is different from productivity. Latter is not rhetoric. It calls for meticulous attention to details and a holistic approach.

    I mad Tuesday, 09 August 2016 04:27 PM

    At least justice prevails in this government unlike the previous regime. via DM Android App

    Tax Payer Tuesday, 09 August 2016 04:28 PM

    So what happens to the extra paid Will there be a refund Who pocketed that money via DM Android App

    Gam Baiyah Tuesday, 09 August 2016 04:33 PM

    I do not like this government but it is commendable that Judiciary is free from interferences.

    Citizen Tuesday, 09 August 2016 04:34 PM

    Should not we, citizen of this country feel happy to relieved to see the function of an independent Judiciary system.

    shanka Tuesday, 09 August 2016 04:47 PM

    a small mistake. they have put the cart before the horse

    MK Tuesday, 09 August 2016 04:53 PM

    at least have some moral fibre to thank Wimal Weerawangsha for taking this up at the Supreme Court

    Voter Tuesday, 09 August 2016 04:59 PM

    We should get a refund it was not legal

    sobers Tuesday, 09 August 2016 05:00 PM

    Now the Judiciary is free, devoid of Threats, independent and professional. Congratulations.

    C.K.Lankaputhra. Tuesday, 09 August 2016 05:30 PM

    Rule of the law under yahapaanaya. No more MR law. Understand that.

    BR Tuesday, 09 August 2016 06:56 PM

    Yes true! Yet you're missing the point what this new is all about.

    Kamal Tuesday, 09 August 2016 07:35 PM

    Now its the era of not even knowing laws exist.


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