LEST WE FORGET

● SLFP leader Sirimavo Bandaranaike had warned the Executive Presidency would lead to dictatorship ● In the 37 years an Executive President had reigned, the country was torn apart and its people brutalized

The 20th Amendment does not address any of the deficiencies of the 19th Amendment, but instead only seeks to restore President J. R. Jayewardene’s 1978 Constitution, eminent lawyer Dr. Nihal Jayawickrama has said in an article published on page 6 in today’s .

Article 35:

No action of the President, either in his official or private capacity may be questioned in

any court. (The 19th Amendment enabled an official act of the President to be challenged in the Supreme Court if it infringed a fundamental right by instituting proceedings against the Attorney General. An example was

President Sirisena’s 2018 illegal appointment of Mahinda Rajapaksa as Prime Minister and subsequent illegal dissolution of Parliament. The repeal of this entitlement of the citizen may require approval at a referendum since it infringes the fundamental right to a remedy).

Chapter VIIA:

The President shall appoint the Chief Justice and other Judges of the Supreme Court and Court of Appeal. He shall have the power to appoint and remove the Attorney-general, Auditor-general, the Ombudsman, the Secretarygeneral of Parliament, and all the Independent Commissions including the Elections Commission and the Judicial Service Commission. (The Constitution now requires him to obtain the “approval” of the Constitution Council before making these appointments. That institution is to be replaced with a “Parliamentary Council”, a token body which may only make “observations” on proposed appointments).

Articles 44-47:

The President chooses, appoints, and removes Ministers,

including the Prime Minister. (Under the Constitution now, it is the Prime Minister who chooses MPS for appointment as Ministers, and it is only on the advice of the Prime Minister that a Minister may be removed by the President. Today, the Prime Minister ceases to hold office only if a vote of no-confidence is passed in Parliament and may not be removed by the President).

Article 44:

The President may assign to himself any subjects or functions and create and hold any number of ministries. (The Constitution now does not allow the President to be a Minister. Only a Member of Parliament may be a Minister).

Article 70:

The President may dissolve Parliament at any time after one year following a general election. (The

Constitution now does not permit the President to dissolve Parliament until the expiry of four and a half years following a general election).

Article 85:

The President may secure the passage of a Bill that has been rejected by Parliament by submitting it to a referendum. (This power does not exist now).

Article 122:

The President may certify that a Bill is “urgent in the national interest”, whereupon the Supreme Court is required to determine its constitutionality within 24 hours and communicate that only to the President and the Speaker. The Bill will then be rushed through all its stages and become law without any intimation to the country or its peoples. (The 19th Amendment repealed this power in 2015).

Article 154:

The Auditor-general will not be required to audit the accounts of the Offices of the President and of the Prime Minister. Nor will he be required to audit the accounts of “companies in which the Government or a public corporation or local authority holds fifty per centum or more of the shares of that company”. (The power to audit these accounts was expressly conferred on the Auditor

General by the 19th Amendment).

Article 155G:

The National Police Commission is stripped of its power of appointment, promotion, transfer, disciplinary control and dismissal of police officers. (That power was conferred on the Police Commission by the 19th Amendment).

Chapter XIXA:

The Commission to Investigate Allegations of Bribery or Corruption is

abolished. (Constitutional status to this Commission was granted by the 19th Amendment).

Chapter XIXB:

The National Procurement Commission is

abolished. (This Commission was established by the 19th Amendment).