‘Need safeguards against majoritarianism’

Jayampathy Wickramaratne on the importance of an inclusive Constitution in Sri Lanka

T. RAMAKRISHNAN

January 27, 2016

Jayampathy Wickramaratne, 67, is one of the most keenly watched persons in Sri Lanka at the moment. He chairs the committee appointed by Prime Minister Ranil Wickremesinghe to provide technical support to the Constitution-making process currently underway. A constitutional expert and Member of Parliament, he had served as a member of the team that drafted the Constitution Bill of 2000, which emphasised the country’s pluralistic character. He was also a signatory to the “majority report” of the All-Party Representative Committee of 2006-2010, proposing a strong power-sharing arrangement.

In an interview with T. Ramakrishnan, Dr. Wickramaratne downplays his new role, saying it is like that of “any other Member of Parliament and an ordinary member of the proposed Constitutional Assembly”. He dwells forth on devolution of powers, the importance of a “democratic” and “very inclusive” Constitution, and the urgency of the Constitution-making process, while clarifying that his views reflect those of the majority group of the Lanka Sama Samaja Party and not necessarily those of the government. Excerpts:

What are the main weaknesses of the present Constitution? What is your response to the criticism that Articles 16, 80 (3) and 84 undermine the supremacy of the Constitution?

This Constitution has been built on the foundations of a very centralised form of government. The foundations have already been shattered by the 13th Amendment, 17th Amendment and 19th Amendment. That’s why we need a new Constitution built on a new foundation. I agree that there are several provisions which undermine the concept of supremacy. There is no post-enactment judicial review. A law can be challenged only at the Bill stage. The pre-Constitution laws continue despite being inconsistent with the Constitution. There was also the immunity clause, by which the President was totally immune from judicial review for his actions. Now, we have corrected that to a large extent through the 19th Amendment.

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