BASL says 22A does not meet aspirations of people

 Bar Association President Saliya Pieris PC (second from left) gestures during the media briefing yesterday 

• Says Bill falls short of aspirations for those seeking system change
• Questions procedure for appointing non-parliamentary members to CC
• Notes Bill does not create necessary checks and balances

The Bar Association of Sri Lanka (BASL) said yesterday that the 22nd Amendment to the Constitution Bill in its present form does not meet the aspirations of the people who are agitating for a change in the system.

“It is the view of the Executive Committee (of the BASL) that the said Bill would not create a climate of confidence both within the country and or outside the country of an intention to engage in proper political reform,” BASL President Saliya Pieris PC told reporters at a press briefing.

He noted that while the proposed Constitution Amendment makes provision to set up the Constitutional Council (CC), the Bill does not satisfactorily guarantee the independence of the process of appointment of non-parliamentary members to the Council.

He said the Constitutional Council will have seven parliamentarians and three non-parliamentarians. Among the three non-parliamentarians, the 22nd Amendment has proposed that they should be appointed with the approval of the majority of the members of the Parliament. 

“The majority in Parliament will be able to control the composition of the CC adversely affecting the ability of the Constitutional Council to act as a check and balance on the exercise of Presidential powers. 

If the Constitutional Council is not independent then the question would arise regarding the independence of the appointment which the Constitutional Council approves,” he said.

Pieris said that the Executive Committee of the BASL is of the view that the proposed Bill does not create sufficient checks and balances on the exercise of powers by the incumbent President under the current Parliament, since most of the provisions in the amendment which seek to limit the powers of the President will become operative only after the dissolution of the present Parliament.

He said the BASL is also concerned that the 22nd Amendment has included several provisos as transitional provisions, which will result in the provisions of the 22nd Amendment relating to the removal of the Prime Minister and the appointment of Minister and designation of subjects to them will not apply to the present President during the tenure of the present Parliament, thus failing to introduce adequate checks and balances on the present President.