Quotable quotes in favour of and against 20th Amendment
The debate on the 20th Amendment was held on October 21 and 22. Following are highlights of speeches by MPs from both sides:
Justice Minister Ali Sabry
The Government has gone even beyond the determination made by the Supreme Court in introducing further amendments to 20A. We have listened to the voices of the people and have amended some clauses which even the Supreme Court had said in its determination does not require the approval of the people at a Referendum.
The 19th Amendment was a hybrid Constitutional amendment that created two centres of power in the President and the PM. That’s what former President Maithripala Sirisena meant when he described the previous Government as a bus with two conductors. We are seeing what the result of this was through testimony given at the Commission probing the Easter Sunday terror attacks.
We are dedicated to bring in a new Constitution within a year’s time. Our attempt is to bring in a Constitution which will embrace diversity among our people, give the foremost place to Buddhism, respect each other’s religious beliefs and cultural values, and create a long lasting Constitution which is inclusive, forward looking and will serve as a catalyst for national unity, amity, progress and accelerate the economic growth of our country.
SJB National List MP Imthiaz Bakeer Markar
I request all MPs to vote for this amendment according to their conscience. I appeal to party leaders to allow MPs of their parties to vote on the 20th Amendment according to their conscience. If this is done, I have no doubt that two- thirds of MPs in this House will vote against this amendment.
You know in your conscience that the country, your Prime Minister nor you will benefit from this amendment. I don’t agree with the politics of the PM, but it is a fact that his popularity helped you to gain power. Do not forget that. But, think how far the position of the Prime Minister has been ridiculed by the clauses in this amendment.
Think deeply on how you want to be remembered by history. Do not let your children and family members say that their father, brother, wife or husband contributed to destroying democracy in this country by voting for this amendment.
Remember to write down what I say now. Many of you who vote for 20A will be among those who get hit by it the most.
Prime Minister Mahinda Rajapaksa
“The 19th Amendment was brought to exact revenge on the entire Rajapaksa family. But what it did was to threaten the country’s security and its unitary status. It weakened the State. Even its architects say that 19A was a bomb and a mistake on their part.
The 19th Amendment limited the powers of the President, who was in charge of national security, but the results of this were witnessed in just three years. The then Director of the State Intelligence Service told the Commission probing the Easter attacks that nearly 10, 000 persons were aware of an impending attack, yet they still couldn’t stop it.
During the period of my Presidency, the intelligence agencies were extremely strong. After 19A however, agencies such as the Criminal Investigation Department ( CID) were used to go after Opposition politicians. The training given to officers from such agencies was dismantled. The Police Commission did not intervene to improve these agencies. The end result was that the skill level of units such as the intelligence division of the CID deteriorated.
Opposition Leader Sajith Premadasa
“The 20th Amendment will centralise power in the hands of one individual, dealing a death blow to the country’s democracy. 20A also dismantles many of the checks and balances that were imposed on the President and the Government under 19A. The independent commissions have been violated. The p owe r s of the Election Commission, whose actions had ensured that elections were conducted without any deaths, have been curtailed.
With the abolishing of the Constitutional Council, the President will also now have sole authority to make appointments to the judiciary and state institutions.
As Lord Acton stated, ‘ Power tends to corrupt, and absolute power corrupts absolutely.’ What does the 20th Amendment do? It establishes a Constitutional Monarch.
National People’s Power (NPP) Leader Anura Kumara Dissanayake
The 19th Amendment was tested under the leadership of two persons who were selfish, vain and dishonest. It is unfair to attack 19A based on the failure in leadership of those two.
The Government has the Pre s i d e n cy, a t wo - t h i rd s Parliamentary majority and the power of most local government institutions. The only power it lacks is the power centered around one person. There is also a need to centralise power around one single family. There is a need to centralise power among blood relatives.
Education Minister Prof. G.L. Peiris
The main issue with the 19th Amendment to the Constitution was that while it delegated responsibilities, it did not assign the necessary powers to ensure that those responsibilities could be fulfilled.
Under Articles 3 and 4 of the Constitution, a key responsibility of the President is to safeguard national security. Yet under 19A, though the President was elected by 6.9 million voters, he can’t be the Minister of Defence. In fact, he can’t hold any ministries. He is the Commander of the armed forces and police, but he can’t command them.
There is responsibility without the authority; that is the basic flaw in the structural framework of the 19th Amendment.
While there must be checks and balances on those in power, if these checks and balances go beyond a certain limit and become excessive, the end result is that nothing will get done. Those who hold positions of power would not be able to do anything. There will be a gridlock situation.
Sri Lanka Muslim Congress (SLMC) Leader Rauff Hakeem
What we witness today, is the slow, solemn, sleepwalk of a whole nation, an acquiescing procession, carrying the spiritless body of a defunct democracy to an early grave, pre-purchased by 69 lakhs of our people. It is true, Parliament has virtually become servile. After the 20th Amendment, our servility is there for everyone to see.
We saw the 19th Amendment as an interim measure, with our final objective being the fashioning of a new Constitution where we could finally resolve the conundrum of being kind of trapped in a kind of lost land between a Westminster style of parliamentarianism and Gaullist type presidentialism.
I saw the detrimental aspects of the 18th Amendment and I implore the House to learn from the ill effects of the 18th Amendment and also the flaws in the 19th Amendment. By all means, redress the flaws with the 19th Amendment, but do not throw the baby out with the bathwater.
Minister of Industries and National Freedom Front (NFF) Leader Wimal Weerawansa
The 19th Amendment was brought in because Ranil Wickremesinghe wanted to guard against any threat that could emanate from Maithripala Sirisena. We need not accept claims that it was brought in to advance democracy. However, they needed some decorations for it. That’s why they
brought in some progressive clauses related to the establishment of the Audit Service Commission, preventing the presentation of urgent bills and restrictions on dual citizens.
Though the restriction on dual citizenship ( under 19A) was brought in targeting one individual, we did not target anyone when we proposed that this clause be retained under 20A. We have now been assured that it won't be included in the new Constitution expected next year.”
TNA Leader and Trincomalee District MP R. Sampanthan
The Ilankai Tamil Arasu Kachchi (ITAK) and TNA strongly opposes the proposed 20th Amendment. We state that sovereignty vested with the people is inalienable and that sovereignty can only be exercised by the people.
Sovereignty is defined to include powers of governance, legislative,
executive and judicial, fundamental rights and the franchise. The 20th Amendment violates all these components of sovereignty vested with the people.
Tamil Makkal Thesiya Kootani (TMTK) Jaffna District MP C.V. Vigneswaran
For over 20 years we have been talking of bringing in a Constitution which would reconcile the ethnic differences among communities and lead the country forward. For over quarter of a century we have been promising to abolish the Executive Presidency. Nothing has been done so far in that regard. But this Government is making the April 21 Easter bombings as a convenient excuse for them to bring this 20th amendment. They are trying to make out it was the lowering of presidential powers by the 19th Amendment which gave rise to the April 21 tragedy. Hence they say the
President must have unfettered powers. It certainly sounds humorous to say a criminal or thief could only be caught or arrested if the President is clothed with extraordinary powers.
Fisheries Minister and Eelam People’s Democratic Party (EPDP) Leader Douglas Devananda
The Government could not take the country forward under 19A. That is why we were able to win a new mandate from the people even before its time came to an end. The President spoke about issues in 19A even before he came to power. He pointed out it needed to be amended. We are making these changes in order to ensure that a conducive environment is created to work for the betterment of the people.