Nineteenth Amendment & Scope For Changes In The Public Service

By C. Narayanasuwami –May 4, 2016

C Narayanasuwami

One of the major changes brought about by the Nineteenth Amendment is the concept of good governance envisaged through the appointment of independent commissions to oversee appointments, transfers, and promotions and disciplinary control of the public service, the judiciary, and other arms of government administration. The overt intention to uphold press freedom, observe the rule of law, and non-interference in judicial proceedings augurs well for the future and demonstrates that the country is moving towards a new political culture and governance. The remarkable independence and integrity shown by the Elections Commissioner in the conduct of the 2015 elections illustrates the success and merits of good governance. Viewed in this light the role of the public service under the new government of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe is likely to undergo significant transformation.

Of the major factors outlined earlier, the principal issue of politicisation needs to be neutralised if the public sector is to regain its original position of a relatively more independent arbiter of development administration. The Nineteenth Amendment has restored more powers to the Public Service Commission by removing Cabinet control of functions related to recruitment, transfers, promotion, and disciplinary control. The PSC owes its position to the Constitutional Council on whose recommendations Commissioners and the Chairman are appointed by the President. The Constitutional Council has been empowered to recommend to the President ‘fit and proper persons’ for appointment as Commissioners not only to the PSC but to all other independent commissions established under the Nineteenth Amendment. The Constitutional Council consisting of nine members is therefore expected to play a major role in ensuring good governance. The composition of the Council includes the Prime Minister, the Speaker, the Leader of the Opposition in Parliament, and five persons appointed by the President on the nomination of both the Prime Minister and the Leader of the Opposition, of whom two members shall be Members of Parliament. Whether the composition constitutes the right mix of persons and whether there should have been more representation from eminent persons of dignity and integrity and civil society are issues that may warrant further discussion. It is likely that these issues may be subjected to further review by the new government.

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