19A: No need for referendum, Attorney General tells SC

By Chitra Weerarathne-April 6, 2015

The 19th Amendment to the Constitution would not require a referendum and the sovereignty of the people enshrined in Article 3 of the Constitution was not being interfered with, said Attorney General, Yuvanjana Wijayatilake PC in the Supreme Court, yesterday.

He has been made a respondent in the petition filed against the proposed amendment.

The AG said the people needed a country governed according to the Constitution, with a guarantee of sovereignty. The proposed amendments would bring in more safeguards.

There was no alienation of power entrusted to the president. Even now the President was responsible to Parliament.

The Prime Minister would also be accountable to parliament.

The organs which exercised executive power would not use it excessively following the proposed amendments, he argued.

The Article 4(5) on executive power should not be elevated to a supra level, the Attorney General said.

Chief Justice: Does the Constitution say that the people can give the executive power to any other institution other than the President.

AG: According to clause (3) of the Amendment, the President is the Head of the Executive. The Basic structure of the Constitution will not be changed. Many countries have adjusted their Constitutions to suit their needs.

Attorney General: The executive Power is not personalised to the President.

The Attorney General explained the 19th Amendment did not need a referendum. The Article (3) on sovereignty of the people was not being interfered with, the AG added. Article 30/2 of the amendment reduced the term of office of the President to five years. People could exercise their franchise sooner than later, the AG said.

During a poll, the Elections Commissioner would formulate guidelines for all the media institutions the AG said. If the guidelines were violated, there would be a fine, he explained.

Attorney General, Yuvanjana Wijayatilake appeared with additional Solicitor General, Indika Demuni de Silva and Deputy Solicitor General Neri Pulle.

The Bench comprised Chief Justice K. Sripavan, Justice Chandra Ekanayake and Justice Priyasarth Dep.

The Supreme Court will convey its determination to the President and the Speaker of Parliament.