The 19th 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 19th 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 19th
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 19th 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 19th 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 8th
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 19th 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 19th amendment being
just a carbon copy of 17th 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…
