Supreme Court Mandates Referendum for Strict Bail Restrictions Under Anti-Corruption Bill

In a major constitutional determination announced in Parliament today by Speaker Jagath Wickramaratne, the Supreme Court of Sri Lanka ruled that key provisions of the proposed Anti-Corruption (Amendment) Bill cannot become law without a two-thirds parliamentary majority and direct approval by the people at a public referendum.

The Court’s ruling targets critical judicial, corporate governance, and compliance aspects of the legislative package presented by the government.

The apex court determined that proposed restrictions under Clause 17, which strip Magistrates of authority to grant bail for offences under the Anti-Corruption Act and impose severe limitations on High Court bail powers, infringe upon judicial discretion and fundamental constitutional guarantees. Consequently, the proposal making remand the default stance cannot be enacted without approval via a national public referendum alongside a supermajority in Parliament.

The Supreme Court also flagged statutory amendments affecting corporate compliance, public transparency, and media leadership:

Asset Declarations for Media Heads: A requirement obligating owners, chairpersons, and directors of state-registered media institutions and Telecommunications Regulatory Commission (TRC)-licensed entities to disclose their assets and liabilities was ruled inconsistent with ordinary legislative procedure. It requires a two-thirds parliamentary majority to become law.

Exclusion of Household Cohabitants: Proposals seeking to remove asset declaration requirements for cohabitants residing in a public official’s household for more than six months were deemed unconstitutional under equal protection principles. Passing this provision requires a two-thirds majority, unless the government elects to withdraw the amendment.

The Speaker informed lawmakers that while core enforcement provisions—such as routine procedural updates to the principal Anti-Corruption Act No. 9 of 2023—may be passed by a simple majority, the controversial provisions affecting bail rights, media governance, and household asset disclosures will require major legislative redrafting or approval under special constitutional thresholds.