OPA concerned over impeachment, will talk to MR

Raises points on 13th Amendment and other constitutional reform

By Uditha Jayasinghe

Taking up two key controversies, the Organisation of Professional Associations (OPA) yesterday said that they would discuss with President Rajapaksa next week on the Chief Justice’s impeachment and 13th Amendment issues.

Speaking to the media, former OPA President Parakrama Karunaratne pointed out that they had reached a consensus on the Chief Justice’s impeachment and would convey it to President Rajapaksa, Speaker Chamal Rajapaksa, Opposition leader Ranil Wickremesinghe and Leader of the House Minister Nimal Siripala De Silva before the end of next week.

“We are concerned with the due process in the impeachment. We have deliberated and decided that ideally such a process should be done under the procedure outlined in the 2000 proposed draft Bill of Constitution,” he said.

Quoting from a document, he noted that under the draft Bill, it was stated that three people each of whom have held office as a judge in a Commonwealth country could conduct the impeachment. Failing this, the judges could have held or still hold positions in the Supreme Court or Court of Appeal and that they should be appointed by the Speaker.

He insisted that it was not too late for the Government to allow the impeachment to be carried out by such an impartial panel, which would assure due process.

Concerning the 13th Amendment, the OPA is of the view that it has failed to achieve the purpose it was created for but nonetheless have allowed that there are certain provisions that should be preserved and expanded for the benefit of the people.

“The OPA requests the President to repeal the 13th Amendment to the Constitution but introduce an amendment to the Constitution; retain both Sinhala and Tamil as official languages and perhaps have all three (with English) as national languages. The OPA also wanted to see an increase in the number of judges in the Court of Appeal and empower it to exercise jurisdiction from provinces.”

They also want the Government to vest the original jurisdiction to hear and determine any question relating to the infringement and imminent infringement of any fundamental right in the Court of Appeal with provision (by amending present Article 127) of a final appeal to the Supreme Court.

The OPA is calling for a re-examination to the present provincial council system to promote the welfare of people and equal distribution of wealth. Such a system, OPA feels, should not encourage additional political representatives but engage the services of those elected to Parliament and local authorities to develop rural areas.

The OPA further noted that there are many provisions in the Constitution that requires to be examined with a view to repealing or amending such provisions, such as the repeal of the 18th Amendment, the role of the Executive Presidential system, supremacy of Parliament, Judiciary independence and re-establishing sovereignty of the people.          

Thus, the OPA urges the constitution of a competent panel representing all stakeholders to examine the provisions of the present Constitution and to recommend necessary amendments to promote democracy and welfare of the people.