PARLIAMENTARY REPORT
19TH
Amendment passed; vesting more powers with the Parliament
19th
Background The 19th
Amendment to the
Amendment was considered a historic event and was considered a major step taken to strengthen the democracy of the country as it was achieved constitutionally following the recommendations of the Supreme Court and also with the consent of all political parties. The 17th
Constitution was a historic movement in Sri Lankan politics. After long deliberations, the President and the present Government could pass the 19th Amendment Bill with a two-thirds majority in Parliament. There had been long held discussions for the removal of the Executive Presidency from its introduction in 1978. Since then, it had been a major vow in all Presidential election campaigns but none could accomplish. Therefore the introduction of the 19th
and 18th
Amendment had made provisions for the establishment of the Constitutional Council and independent commissions and the 18th
to the Constitution paved the way for the introduction of the 19th 17th
Amendment which
was enacted during the previous government had replaced the Constitutional Council with the Parliamentary Council and had augmented the powers of the Executive President.
In his election manifesto, the President Maithripala Sirisena had pledged to restrict the excessive powers vested with the Executive President. It
Amendment. The
SRI LANKA IN SRI LANKA PARLIAMENT AMENDMENT PASSED
was the most significant factor during the Presidential election campaign, which also led to the defeat of the previous ruling party (UPFA). Accordingly, the 19th Amendment to the Constitutional Bill was drafted, to disseminate certain powers of the Executive Presidency to the independent commissions and the Parliament. As the draft of the 19th Amendment was gazetted, 19 petitions were received both in favour and against. The Supreme Court determined that the Bill was not inconsistent with the Constitution and should be passed with a special majority as per the Article 82 (5) of the Constitution and certain sections required to be agreed upon through a referendum. The sections which required summoning a referendum were repealed from the draft and taken for the second reading in Parliament.
Amendments
The Second reading of the Bill was passed in House 215 in favour, 01 against. The Third Reading of the Bill was passed by the House, with a majority of two- thirds. A Division by name was taken (212 in favour; 1 against; 1 abstain; 10 absent) and the Bill was passed with amendments.
Key Features
The main features introduced by the 19th •
Amendment include:
Reintroduction of the Constitutional Council and empowering the Commissions
• •
Reduction of the tenure of the President and the Parliament
Reintroduction of the two- term limit that a person can hold office as President
214 | The Parliamentarian | 2015: Issue Three • • • • • •
Ensuring the right of the public to access to information
President to be responsible to Parliament
Limitation of number of Ministers
Limitation of the power of President to dissolve the Parliament
Prohibition of dual citizenship holders to be elected to Parliament
Establishment of National Audit Commission and National Procurement Commission
Reintroduction of the Constitutional Council1 This is the most significant feature of the 19th
• •
• the Finance Commission
the Delimitation Commission
the National Procurement Commission.
All the above Commissions other than the Election Commission are responsible and answerable to Parliament. Apart from that the Council shall consider3
by the President for the appointments of: •
• • Amendment.
As per the Amendment, the Constitutional Council shall consist of ten members of which seven of whom are Members of Parliament and the three of them are civilians. The Prime Minister, the Speaker and the Leader of Opposition in Parliament are ex-officio members of the Council where the Speaker is the Chairman.
It is the responsibility of the Council to recommend2
to the
President, the most suitable persons to be appointed as chairmen and members of, • •
the Public Service Commission
• • • •
the National Police Commission
the Audit Service Commission
the Human Rights Commission of Sri Lanka
the Commission to Investigate Allegations of Bribery or Corruption
• • •
•
the Chief Justice and the Judges of the Supreme Court
the President and the Judges of the Court of Appeal
the Members of the Judicial Service Commission (other than the Chairman) the Attorney-General the Auditor-General
the Inspector-General of Police
the Parliamentary Commissioner for Administration (Ombudsman)
•
the Secretary-General of Parliament.
It is mandatory that the recommendation is approved by the Council to proceed with the appointment.
the Election Commission
At the same time, the removal of any such appointed person shall be subject to the provisions made by the Constitution or any written law. When no such provision prevails the President shall remove such person only if approved by the Council. Thereby the powers vested with the President for appointing persons to the Independent Commissions and the stated high offices were imparted with the Constitutional Council.
the recommendations
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