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Wednesday, 25 March 2015 01:05 - - {{hitsCtrl.values.hits}}
Amendment for approval in Parliament.
The tabling of 19th Amendment to the Cons-titution by Wickremesinghe received with much noise though the Premier declared the House that it would herald a new political era.
The Bill, aimed at slashing the powers of executive presidency and bring democracy to the island nation, will remove the 18th Amendment which, adopted by the previous government gave extraordinary powers to the president including the opportunity for a third term.
However both the Leader of the Opposition Nimal Siripala de Silva and Jathika Hela Urumaya MP Ven. Athuraliye Rathana Thero criticised the move.
“We had several rounds of discussions with the Prime Minister. This is a Bill that needs a two-thirds majority to be passed. We see that some of its articles contradict each other. It is unclear who will be the head of the Cabinet and the leader of the country? So, based on these issues, I don’t know if this Bill will be pushed to a referendum,” said de Silva.
“You have taken the responsibility of making these amendments without going for a referendum. So you should take the responsibility if it goes to that extent. We clearly state that the electoral reforms should also be brought forward in the manner in which you have presented the 19th Amendment as an urgent Bill. The SLFP will pass both these Bills together.”
Supporting the SLFP’s point of view, Parliamentarian Ven. Rathana Thero said: “We agreed to support an amendment which will not lead to a referendum. The amendments will remove the harmful aspects found in this. The UNP also agreed to solve serious issues in the Constitution by amending it. This is what we all agreed. But according to what is given in the eighth chapter, it will lead to a referendum. We wanted this Parliament to form a National Government that will not debate over enacting laws and taking decisions for the betterment of the country. But without allowing the parties to debate further it is not correct to move this amendment. We are sad that some of our suggestions are not included in this,” he stated.
In response, Prime Minister Wickremesinghe said: “We agreed to amend the Constitution in a way that a referendum was not required. But there are a few more clarifications to this and the Supreme Court’s opinion is sought as per the recommendations of the Attorney General. Several more petitions received at courts will be added to it. So we will have to wait until the judgement is given.”
The main constitutional proposals of the 19th Amendment include the transformation of the Presidential form of government to a Presidential-Parliamentary system of government and the restoration of the 17th Amendment to the Constitution.
If 19A is passed by parliament, the President’s term will be reduced from six years to five and he can hold office a maximum of only two consecutive terms.
The new reforms will result in the President losing the power to dissolve parliament after one year of its election. According, to the proposed reforms the President cannot dissolve the parliament until 4 years of election.
However, the President would remain as the head of the Cabinet, and the commander in chief of the armed forces. He would also retain the power to appoint the Prime Minister and the Cabinet.
Sri Lankan parliament in 2010 approved the 18th Amendment to the country’s Constitution with a two-third majority, paving the way for the former President Mahinda Rajapaksa to seek reelection for a third term. The passage of 18th Amendment replaced the 17 Amendment to the Constitution.
The 18th Amendment allowed the President to decide the appointments of independent posts like commissioners of election, human rights and Supreme Court judges instead of the Constitutional Council born out of the 17th amendment deciding the appointment of independent posts.
Under the18th amendment President have more powers over many independent institutions, seriously impacting the justice, free elections, and human rights.
