SRI LANKA
The term of office of the President and limitations on re-election
The term of office of the President was reduced to five years and the two-term limitation of a person can hold the office as President, which was repealed by the 18th Amendment was re-introduced.
The Parliament and the Ministers
The term of the Parliament was also reduced to five years. The number of Ministers was limited to 30 and the total of the non- cabinet ministers and deputy ministers was defined to be 45. But if the party with the majority decided to form a national government, the number of portfolios is still to be decided by Parliament.
The Power of the President to dissolve the Parliament at any time on the completion of one year was amended to four years. But, in order to dissolve Parliament before the expiration of the four years term, the President shall be requested to do so by a resolution passed with two-thirds majority in Parliament. It was also added that the President should be responsible to the Parliament.
National Audit Commission4 A new National Audit
Commission was established by the 19th
Amendment. This
Commission has the powers for appointment, promotion, transfer, disciplinary control and dismissal of the members belonging to the Sri Lanka State Audit Service. It also has the power to make rules in accomplishing the said duties subject to the policies determined by the Cabinet of Ministers.
The Parliament chamber
The establishment of this Commission aims to streamline the auditing process relevant to government institutions and related projects.
National Procurement Commission5
This Commission is also newly established by the 19th Amendment. This was praised by all parties emphasizing the importance of having an independent commission to make guidelines and monitor the procurement processes of government institutions. Setting up this Commission aims to reduce the corruption, wastage and irregularities in any procurement process. Provisions have also been made to strengthen the Bribery Commission by the inclusion of the new Chapter XIX A.
In brief The 19th
Amendment Bill
had suggested provisions to further take away the powers of Executive Presidency by also
empowering the Prime Minister as the head of the Cabinet. But the Supreme Court has ruled that, such provisions as well as the amendments which would alter the basic structure of the Constitution should be summoned before a referendum.6 Therefore, the President shall remain the Head of the State, the Head of the Executive and of the Government and Commander-in- Chief of the Armed Forces. The 19th
Amendment
repealed the provision which the government had for taking up urgent Bills. LLRC recommendations had also suggested repealing the said provision, which provided very limited access for the public to interact with the Bill to be presented.
The Opposition in Parliament was of the view that the Constitutional Council shall also consist of Members of Parliament. They emphasized the view that the accountability of the Commissions could be ensured by such representation
References 1
CHAPTER VIIA of the
Constitution as amended by 19A 2
3 4 5 6
Article 41B Article 41C
Article 153A -153H CHAPTER XIX B
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Column 555-558 7
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and safeguard the power of Parliament.7 The 19th
Amendment while
diluting the powers of the President empowered the Parliament. The Independent Commissions as well as the President shall be responsible to the Parliament. Thereby the Constitution itself highlighted the Supremacy of Parliament which shall ensure the sovereignty of the citizen.
The Parliamentarian | 2015: Issue Three | 215
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