ECONOMYNEXT – Sri Lanka’s Supreme Court has determined that a key provision in the proposed Anti-Corruption (Amendment) Bill requires approval by the public at a referendum and a two-thirds special majority in Parliament, Speaker Jagath Wickramaratne announced.
Delivering the determination received by Parliament, the Speaker stated that Clause 17 in its present form is inconsistent with the Constitution.
“Accordingly, Clause 17 in its present form may become law only if it is passed with the special majority required under Article 84(2) and approved by the People at a referendum,” Wickramaratne said.
The court also ruled that Clause 6(7) requires a special parliamentary majority to pass. In addition, Clause 7 was found inconsistent with Article 12(1), with the court determining that the proposed repeal of Section 80(1)(e) should be withdrawn unless passed by a special majority. Other provisions, including Clauses 3, 4, 6(4), 6(5), and 11, can be passed by a simple majority.
The ruling follows a challenge filed by Transparency International Sri Lanka (TISL) after Prime Minister Harini Amarasuriya presented the amendment bill to Parliament on August 19, 2026.
The government maintained that the bill aimed to address operational bottlenecks, align with UN standards, and satisfy conditions under an International Monetary Fund (IMF) program.
However, TISL petitioned the Supreme Court, urging it to rule that several amendments violated fundamental rights and required a two-thirds majority and a referendum.
“TISL warns that the proposed amendments introduce severe policy regressions, create major loopholes, restrict civic space and violate Fundamental Rights,” the anti-graft body said in a statement.
The watchdog had warned that repealing Section 80(1)(e) would allow corrupt officials to hide illicit wealth by excluding household cohabitants from mandatory asset declarations.
It also raised concerns over raising public company declaration thresholds to 50 percent, removing judicial oversight on decisions to refrain from prosecuting accomplices, and making remand the norm over bail. (Colombo/Sep22/2026)