Sirisena Should Not Miss This Historical Opportunity 

By Veluppillai Thangavelu –

Veluppillai Thangavelu

The passage of 19th Amendment marks a course correction in the political direction of the country’s history. The executive presidential system of government in place since 1978 has been changed though not fully. According to many analysts the powers of the executive president has been reduced by half, if not more.

The Supreme Court rightly determined certain provisions of the draft 19th Amendment required a referendum among the people to make them legally valid. The Supreme Court  determined that the Bill complies with the provisions of article 82 (1) of the Constitution and requires to be passed by special majority specified in Article 82(5) of the Constitution and that the paragraphs 42 (3), 43 (1), 43 (3), 44 (2), 44 (3) and 44 (5) in Clause 11 and some sections in Clause 26 require the approval of the people at a referendum in terms of the provisions of Article 83 of the Constitution. Among those provisions that were struck down by the Supreme Court the one making the Prime Minister the head of the Cabinet of Ministers, that he shall determine the number of ministers. In a parliamentary democracy the prime minister is only the first among the equals. He is not the boss.

Notably, a referendum will be required for the sections that provide for making the Prime Minister the head of the Cabinet of ministers and enabling him to determine the number of ministers and subjects and functions to be assigned to the ministers, change those assignments and the one which says ‘at the request of the Prime Minister, any Minister of the Cabinet of Ministers may, by notification published in the gazette, delegate to any minister who is not a member of the cabinet of ministers, any power or duty pertaining to any subject or function assigned to such Cabinet minister, or any power or duty conferred or imposed on him or her by any written law, and shall be lawful for such other minister to exercise and perform any power or duty delegated notwithstanding anything to the contrary in the written law by which that power or duty is conferred or imposed on such minister of the cabinet of ministers.

The section in Clause 26 of the Bill seeking to amend the sections pertaining to appointment of a competent authority to look over the state and private electronic media institutions during the times of elections, too, needs to be approved by people at a referendum.                                Read More