* Do the punishments and remand imprisonments mandated by all Acts certified by the Speaker after 2015 violate the Constitution, as a result of the letter sent by the Chairman of the Election Commission to the Secretary to the President on August 11, 2025?
* Do the punishments and remand imprisonments mandated by all Acts certified by the Speaker after 2015 violate the Constitution, as a result of the letter sent by the Chairman of the Election Commission to the Secretary to the President on August 11, 2025?
1) The 1978 Constitution was enacted under Articles 9, 49, and 51 of the 1972 Constitution.
2) Accordingly, the 1978 Constitution was enacted with a two-thirds majority of the Members of the National State Assembly, certified by its Speaker, and in the Sinhala language.
3) On August 11, 2025, the Chairman of the Election Commission informed the Secretary to the President in writing of the need to correctly translate paragraph (b) of Article 83 in the English version of the Constitution to align with paragraph (ආ) of the official Sinhala text.
4) According to this written notification, paragraph (b) of Article 83 is inaccurately stated in the English version.
Consequently, it is argued that all judicial judgments and decisions made in reliance on this defective English text are erroneous or contrary to the Constitution.
5) In 2015, the presidential term of office and the duration of Parliament were reduced from six years to five years by the 19th Amendment to the Constitution, following procedures adopted in accordance with the flawed English version of Article 83(b).
6) Accordingly, following the enactment of the 19th Amendment in 2015, a conflict arose between Article 30.2 (President’s term of office), Article 62.2 (Duration of Parliament), and paragraph (b) [represented as (ආ) in Sinhala] of Article 83 of the Constitution. Because this conflict remains unrectified, it is contended that all laws subsequently enacted by Parliament and certified by the Speaker violate the Constitution.
7) Due to the letter sent by the Chairman of the Election Commission on August 11, 2025, requesting the correction of this linguistic discrepancy, it is asserted that all Acts certified by the Speaker after 2015 are rendered unconstitutional. Consequently, the punishments, remand imprisonments, judicial orders, and enforcement actions executed under those Acts are also claimed to be in violation of the Constitution.
Attorney-at-Law Aruna Laksiri Unawatuna, B.Sc(Col), PGDC(Col), Coordinator, Dr. Thilaka Padma Subasinghe Memorial Legal Education Program.
* Translation of the article මැ.කො. ජනාධිපති ලේකම් වෙත 2025.08.11 දින යැවූ ලිපිය හේතුවෙන් 2015න් පසු කතානායකවරයා සහතිකය යෙදූ සියලු පනත් (කෙටුම්පත්) මගින් නියෝග කරන දඩුවම්, රක්ෂිත බන්ධනාගාරගත කිරීම් ආණ්ඩුක්රම ව්යවස්ථාව උල්ලංඝණය කරයිද?
http://neethiyalk.blogspot.com/2026/09/20250811-2015.html?m=1



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