* Did the 5 Supreme Court judges violate the Constitution by using the same English version of the Constitution, regarding which the Election Commission also states that the determination on the 22nd Amendment and the Judicature Act Amendment is wrong?
* Did the 5 Supreme Court judges violate the Constitution by using the same English version of the Constitution, regarding which the Election Commission also states that the determination on the 22nd Amendment and the Judicature Act Amendment is wrong?
1. Several differences exist between the 1978 Constitution and its English text version.
2. The 1978 Constitution was enacted by the National State Assembly in accordance with Articles 9, 49, and 51 of the 1972 Constitution.
3. Article 83 of the 1978 Constitution is the most powerful article representing the sovereignty of the people, specifying up to 12 articles that must be amended via a referendum.
4. Article 83 of the 1978 Constitution consists of two paragraphs, namely (අ) and (ආ).
5. Differences exist between paragraph (ආ) of the 1978 Constitution and the corresponding paragraph (b) of the English version of the 1978 Constitution. The Chairman of the Election Commission informed the Presidential Secretary on 11.08.2025 to accurately translate paragraph (ආ) of the Constitution into English.
6. The Supreme Court has also, on numerous occasions, communicated to the Speaker its determinations on the constitutionality of bills by utilizing the provisions of the erroneous paragraph 83(b) in the English version of the 1978 Constitution. (e.g., the 13th Amendment to the Constitution and the establishment of Provincial Councils - 1987, the 19th Amendment to the Constitution - 2015).
7. Challenging the 22nd Amendment to the Constitution Bill and the Judicature (Amendment) Bill, Attorney-at-Law Mr. Aruna Laksiri filed petitions SC/SD/37/2026 and SC/SD/66/2026, presenting facts to the Supreme Court while also submitting a copy of the letter dated 11.08.2025 sent by the Chairman of the Election Commission to the Presidential Secretary requesting the correct English translation of Article 83(ආ) of the Constitution. (Citizens have the opportunity to obtain a copy of the said letter dated 11.08.2025 sent by the Chairman of the Election Commission to the Presidential Secretary from the Election Commission).
8. The Supreme Court determination regarding the 22nd Amendment to the Constitution Bill and the Judicature (Amendment) Bill has been published on the Parliament website since 22.09.2026. Upon studying it, it appears that the Supreme Court has neither rejected the fact that there is an error in paragraph (b) of Article 83 of the English text of the Constitution—as raised by the aforementioned Election Commission letter—nor provided any reasoning regarding the legal matters raised by the said letter.
9. Furthermore, the Supreme Court determination on the 22nd Amendment and the Judicature Amendment bills was delivered and forwarded to the Speaker by continuing to use (reproducing) paragraph (b) of Article 83 from the incorrect English version of the Constitution. Accordingly, a situation has arisen where the Constitution has been violated by rendering the Supreme Court determination based on the incorrect English version of the Constitution.
10. Whether the Supreme Court judges acted to use paragraph 83(b) of the English version of the Constitution—which the Election Commission also states must be translated correctly—in the determination regarding the 22nd Amendment and the Judicature Amendment bills because it confirms that the presidential and parliamentary terms are 6 years, because the 13th Amendment to the Constitution and the establishment of Provincial Councils contradict the Constitution, or due to violations of professional ethics arising from using the incorrect English version of the Constitution, remain legal questions to be resolved in the future.
11. The failure of the Supreme Court judges who examined these matters—namely Hon Chief Justice P. Padman Surasena, Hon Justice Achala Wengappuli, Hon Justice Arjuna Obeyesekere, Hon Justice Sampath P. Abayakoon, and Hon Justice K.M. Gihan H. Kulatunga—to provide any explanation regarding the discrepancy between paragraph 83(b) of the English version and the Sinhala text of the Constitution in the determination on the 22nd Amendment and Judicature Amendment bills, is a question that probes the conscience of citizens who protect and follow the Constitution, as well as those who have swearing or affirmation to that effect.
12. Since the National State Assembly enacted the 1978 Constitution in the Sinhala language in accordance with Articles 9, 49, and 51 of the 1972 Constitution, preventing the continuous use (reproduction) of the incorrect English version of the Constitution for legal proceedings and ensuring such errors are corrected is a constitutional duty of the citizens who protect and follow the Constitution.
Dr. Thilaka Padma Memorial Legal Education Program. Telephone: 0712063394. (23.09.2026)
* Translation of the article 22 සහ අධිකරණ සංවිධාන සංශෝධන තීරණයට මැතිවරණ කොමිසමත් වැරදියි කියන ඉංග්රීසි භාෂා ආණ්ඩුක්රම ව්යවස්ථා පිටපතම යොදා ගනිමින් ශ්රේෂ්ඨාධිකරණ විනිසුරුවරුන් 5දෙනා ආණ්ඩුක්රම ව්යවස්ථාව උල්ලංඝණය කළේද?
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