Wijeyadasa presents 22A to Parliament 

• Will re-establish Constitutional Council
• 22A considered improvement of 19A 
• President can only hold Defence portfolio among other changes

The Minister of Justice, Prisons Affairs and Constitutional Reforms Dr. Wijeyadasa Rajapakshe presented the 22nd Amendment to the Constitution bill to the Parliament yesterday. The 22A is expected to re-establish the Constitutional Council abolished by the 20A and ensure independent appointments through the Independent Commissions while also curtailing the powers of the Executive Presidency.

“One of the salient features of the 22A is that three positions in the Constitutional Council will be appointed under the supervision of the Speaker allowing the Government, the main Opposition and other parties in the opposition to choose their MP to be named to the council. Earlier these appointments were made by the Prime Minister and the Opposition Leader,” Minister Rajapakshe pointed out.

According to the 22A, the Constitutional Council will consist of ten members and be headed by the Speaker. Other members will include the Prime Minister, Leader of the Opposition, an MP appointed by the President, an MP proposed by the Government and an MP with the majority consent of the party to which the Opposition Leader belongs. The remaining members will be presented by the Speaker and appointed by the President. This will have to include an MP not part of the Government or the party of the Opposition leader.

Meanwhile, nine independent commissions including the Election Commission, Public Service Commission, Police Commission, Audit Services Commission and Bribery Commission will be established under the 22A and appointments to these commissions will be made according to the recommendations of the President with the approval of the Constitutional Council. Similarly, the Chief Justice, Judges of the Supreme Court and Court of Appeal and Members of the Judicial Services Commission will also be appointed in a similar fashion. The same method will be adopted to appoint the Attorney General, Governor of the Central Bank, Inspector General of the Police and several other key positions. 

“Earlier the appointment of the Governor to the Central Bank did not have to be approved by the Constitutional Council, this has changed under 22A,” the Minister said. “The President will need the approval of the Constitutional Council to make this appointment going forward,” he added. According to Wijeydasa, this provision was included after former Central Bank Governors Arjun Mahendran and Ajith Nivaard Cabraal, appointed by the President, caused devastating effects on the country’s economy. 

He also explained that under the 22A the President would only be allowed to hold the Ministerial portfolio of Defence.  The Minister said the President can hold Ministerial portfolios in temporary situations but will not be allowed to hold on to them permanently and function as the Minister of the particular subject.