Needed: Some crucial changes to Sri Lanka's Constitution
There is much talk these days about amendments to the Constitution. It has to be admitted that a majority of the people, including those who agitated under Aragalaya, demand drastic changes. Patchwork attempts to hoodwink the voters will not suffice. Having considered this matter seriously, we are pleased to suggest the following:
1. Unconditional abolition of the Executive Presidency. There is no point in beating about the bush. People want the Executive Presidency abolished. Revert to the nominal head of state, as had prevailed before 1978, the Sir O.E. Goonethilake and Gopallawa types. As to who should appoint the nominal head of state, whether the prime minister or Parliament, it can be agreed upon. Reduce the size of Parliament to 150. It is admitted that 225 is too large for an underdeveloped and small nation such as ours, especially considering the costs. It should be reduced to 150, with 110 elected on a first-past-the-post basis per electorate and the balance based on the votes received by each party at the election. The 110 electorates should include multi-member constituencies: Colombo Central 3; Colombo South; Nuweraeliya; Harispattuywa; Batticolao; Trincomalee; Badulla; and Ambalandoda, two each. Prohibition by law for members to cross over once elected from one party, thus putting an end to buying over members for bags of money as well as offers in kind.
5. Creating an advisory council, Jana Sabha, outside Parliament to offer advice on national issues. It will consist of nominees from the Bar Association, all major chambers, representatives of university academics, students, teachers, medical professionals, farmers, and fishermen. The Jana Sabha will meet once a month, and its members will be paid only a travel allowance. The Jana Sabha will even draft legislation to be considered by the Cabinet.
Abolition of the 13th Amendment and the creation of district councils to devolve power. District councils will handle all matters in that district. There will be no separate elections to elect DC members. They will be elected from local councils in each district in a ratio of 1 to represent 5 members in a local council
Abolition of the 13th Amendment and the creation of district councils to devolve power. District councils will handle all matters in that district. There will be no separate elections to elect DC members. They will be elected from local councils in each district in a ratio of 1 to represent 5 members in a local council. The present number of local council members is to be reduced by half. There will be only two elections—parliamentary and local government. Each district council is to have a government agent, or disapathi, appointed by the Public Service Commission and not politicians. Matters of public security in a district will be handled by the disapathi, a DIG, and four members of the District Council. Land matters will be handled by the Disapathi, the District Land Officer, and four members of the council. This will ensure full devolution to each district on all matters.
Drastic changes in the judiciary: a. The Sirima Bandaranaike government removed the right of appeal to the Privy Council. Supreme Court judges are also humans; they too make mistakes. Once a chief justice admitted he had made mistakes in his judgments and apologised to the people. Introduce a Court of Revision to hear appeals on Supreme Court decisions. The court should consist of five retired Supreme Court judges. The same rules and procedures that applied to obtaining leave to go before the Privy Council will apply. This will not dilute the important position of the Supreme Court. b. Create a Judicial Committee of Parliament and give teeth to the Committee on Public Enterprises (COPE). It is a waste of time, energy, and money on COPE deliberations. Not a single person found guilty has been taken to task. We borrow a chapter from the House of Lords to deal with a person found guilty by COPE. COPE reports should be referred to the Speaker, who will appoint a judicial committee consisting of three lawyers from among the MPs. There will be the right to represent lawyers and also the right to appeal for both parties. c. Revise the composition of the Constitutional Council by making it nine members from outside parliament and seven from parliament. And also add two new commissions: The Educational Commission and the Media Commission.