The Poor Little 19th Amendment !!!

The 19^th amendment to the constitution is now debated in the parliament of Sri Lanka. At time of preparing this article it has passed the reading for the second time and at the stage of the committee debates on the changes to it. Anyway, the final outcome is still not visible. One thing is for sure; 

never before an amendment to the constitution has received public attention than the 19^th amendment. while the pro and against parties engaged in bitter struggle to consolidate their views and they are willing to go to the extent of mass protests and ‘sathyagrahas’ it is better for a citizen of Sri Lanka to go into detail of the 19^th amendment and analyze what the underlying principles of this amendment.

The amendment was brought to fulfill an election promise on curbing the powers of executive presidency and bringing independent councils. Although initially the president Sirisena lobbied for complete abolition of executive presidency later his stance was changed to removing large powers from that post. Important Sections of the amendment are briefly listed below

Article number	What shall be delivered
2	Right to information as a fundamental right
3	Reduction of presidential term to 5 years
4	Limiting the number of times for election for presidency to 2
5	Presidential duties are listed. President is considered as a symbol of national unity
6	President’s responsibility towards parliament. but how to enforce if president has breached his responsibility is not listed here. It should be only through the impossible impeachment process
7	Changes to presidential immunity. Although he cannot be brought to court, his conduct can be questioned on suing attorney general. This can be used to build a public opinion against a president who is violating his duties
10	A new chapter is added on constitutional council who gives advices on how to appoint people for important positions and the president deemed to follow it. 41A(6) – the president is compelled to make appointments to the constitutional council. If he failed to do so the council members shall be deemed to be appointed. This removed the problem in the 17th amendment.
11	Changes to the executive. 42(3) – the PM is head of the cabinet 43(1) determination of ministerial positions by PM 44 – non cabinet ministers, 46 – limiting the cabinet to 30 and other ministerial positions to 40
12	Public service commission
16	Appointing AG and IGP shall be done on the recommendations of the constitutional council
17	Limiting the parliament to 5 years
20	Every bill shall be given 14 days for the public to protest. The word every bill shall include emergency bill is questionable
21	President is prevented from going to a referendum for bills that are rejected by parliament.
23	Minimum age for contesting for presidency is 35 years
25	Election commission
26	Election commissioner’s power to control media organizations both state and private

The Supreme Court has determined that some provisions need not only the 2/3 majority but also people’s consent by referendum. Those sections are

Section 11 – 42(3), 43(1), 43(3), 44(2), 44(3), 44(5) and

Section 26 – 104B and 104(5)c changes to articles.

On the basis of these changes are contrary to the executive power of the president which is defined in article 4 which is deemed to be read with article 3 which is and entrenched provision in article 83 requiring both the super majority and referendum consent. Prime minister Wicramasinghe wanted to somehow pass the 19^th amendment so he decided to pass it on by removing the above provisions.

When the bill is put up for debated again the political party members divided them up for battle. Some wanted more and more changes to this. Composition of the constitutional council is one of such. The government agreed to grant 7 parliamentarians with 3 non-MPs to be appointed to it. It seems that they have resolved all the disputes and came to an agreement to somehow pass this on. Only one vote opposing to it has been casted in its second time reading. After third reading is passed once it ratified by the speaker, the 19^th amendment shall be officially operational.

Overall the progress on the new regime is extremely commendable given that 4 months before none of these have a mere change of passing let alone conceiving in someone’s mind.  But in the drama following the inception of this amendment, the hypocrisy of the politicians and activists, the greed for power and the reluctance to give away their powers is compellingly clear in Sri Lankan politics.  Everyone needs their share in this new amendment. Some wanted this dead on it tracks. Politicians are never going to change. Our people shall always appoint those without remorse next time also.

On the 8^th of January, the people had not expected a mere change of a regime but a change of this present vicious system. They've even sacrificed the political stability (under which people have some sort of security) for a better future and a better, more civilized political system. They can shed tears of joy.

It is pretty sure that the joy of the 19^th amendment is temporary. There are serious questions about its affectivity on curbing the powers of the president. President’s powers are not limited, he still the head of the government. Only silver line is that independent commissions. Believe me, the pessimism will surely come. There is a strong possibility that the 19^th amendment being just a carbon copy of 17^th amendment and even its operation be neglected by the successive governments.   

We have a long way to go in making a civilized political society in Sri Lanka. This amendment is just a one small step for politicians which should become one giant leap for the politically civilized society. We need another amendment to change the electoral system and probably a brand new constitution as well. As I always say we can’t celebrate this because threats are looming everywhere. Brace yourself for impact; expect disappointments along the way. My friend, we have long long way to go…