NOW, THE MAHA SANGHA STANDS UP AGAINST THE 20TH AMENDMENT……

Just as the print and the electronic media were abuzz with the rumoured contents of the Supreme Court determination on the constitutionality of the 20th Amendment bill and it seemed that once the 04 Articles which reportedly the Supreme Court had determined to be in need of the approval by the people at a referendum, were either further amended or scrapped, the 20th amendment will become part of the Supreme Law of the country, the Maha Sangha has dropped a bombshell on Monday. The Lekhakadhikaris of the Amarapura and Ramanna Chapters convened and released a joint statement opposing the 20th Amendment as undemocratic, calling for it to be shelved and to launch a process of a new Constitution making by wide and public consent.

SEEMINGLY UNSTOPPABLE

In a context where the SLPP, hellbent on scrapping the 19th Amendment, commanding a virtual 2/3 majority in Parliament and some opposition MPS also chipping in, the Bill seemed unstoppable in making its way to the Constitution of Sri Lanka. The Petitions filed by many parties opposing the bill did not seem to have yielded any impactful result as the print and electronic media reported that the Supreme Court determination in those petitions had been sent to the Speaker of the Parliament and that it had determined that all but 4 Articles in the bill could be passed by a 2/3 majority in Parliament. The 04 articles thus needing the approval at a referendum in addition to 2/3 in Parliament are, on blanket immunity on the President, the President’s ability to dissolve Parliament after 1 year, the Powers of the Elections Commission in terms of offences related to elections and the Presidential power and duty to hold a free and fair election.

The Government had responded that the last two matters would be deliberated and further amendment be made at the committee stage. It is common knowledge that even after a Supreme Court decision on unconstitutionality of a bill, the said bill could be smuggled under the guise of further amendments at the committee stage which then, does not come under the scrutiny of the Supreme Court again.

SANGHA TAKES ON THE BILL

It was in such a context, that the Maha Sangha has somewhat unexpectedly, voiced their open opposition to the bill, citing the undemocratic and draconian nature of provisions it sought to introduce, thus scrapping some of the checks and balances the 19th Amendment has placed on the unchecked power of the Executive President. For starters, it is refreshing indeed, that the Maha Sangha, of all parties, who in the main, had been supportive of Gotabaya Rajapaksa and the SLPP at the Presidential and General Elections held respectively, to have taken up a stance which is in diametric opposition to the power aspirations of the Rajapaksas. It is more inspiring that the joint statement recognises some of the salutary factors of the 19th Amendment which more often than not, had been vilified for all evils that have befallen this country including the Easter Bombing and a stagnant economy, during the Yahapalana government.

When the Attorney General, made submissions at the Supreme Court hearing the Petitions challenging the bill, it seemed that the Honourable AG was all upbeat about the outcome of the 20th Amendment and that it was a prerequisite for effective governance and rapid development. Little or no consideration seems to have been given to the nature of the powers the bill sought to confer or repost in the Executive Presidency, which, if passed, would have had serious repercussion on the power of the Legislature and the independence of the Judiciary. We only need to remind ourselves as to how the Office of the Attorney General reasoned out when the decision of President Maithripala Sirisena to dissolve Parliament in October 2018, was challenged in the Supreme Court. Historically, the Office of the AG has not been big on issues such as sovereignty, human rights, civil liberties and democracy. Nor has it been the case this time.

LEGAL VOICES MUTED

Nor have the BASL, representing the legal professionals the country, made any worthwhile effort to at least to discuss the effect of and educate the public on the 20A, leaving aside opposing it. The collective ‘Lawyers for Democracy’ made a press release asking the Bar Association to let their stand point be known on the issue, which request remains unfulfilled. The overwhelming majority of the population remains oblivious to the repercussions of a 20th Amendment as is presented now while the legal fraternity lies in blissful slumber.

The bottom line remains that there was hardly any barrier that could have stalled the process of passing the 20th Amendment. But now, the

Rajapaksas face a different tune. None other than the very powerful force that has backed Mahinda and Gotabaya at their Presidential bids and constituted a bulwark of support for them in the Sinhala South is now, not only distancing themselves from the amendment but rising up against it.

For observers, it had always been a matter of interest as to what the Maha Sangha would have to say about the concentration of power the bill reposes on the President. Influential Bhikkus such as Elle Gunawansa have not shied at being critical of the motives behind 20A and it was to become a sore point for the SLPP to contend with such opposition from the Maha Sangha who have been instrumental in their recent electoral successes. Stances taken by politicians within the government ranks with a Sinhala Buddhist constituency such as Wijeyadasa Rajapakshe and Wimal Weerawansa is hardly what the government expects from within their ranks.

FURTHER ACTION

While the Lekhakadhikaris emphasised that opposition to the amendment reflects the stand point of the Mahanayake Theras of the two Chapters, they called for a “new Constitution that upholds democracy and the rule of law, as the 20th Amendment to the Constitution rejects the core of democracy which is one of the progressive elements of humanity’’ in a joint statement. “…. the proposed amendment is regressive and paves the way for an undeveloped tribal society, that will seriously impede progressive characteristics of human society…’’, it further said and warned that if the Government was not heedful of their voice, there would even be a sangha sammelanaya of the three chapters.

It had always been a matter of interest as to what the Maha Sangha would have to say about the concentration of power the bill reposes on the President

It is debatable whether the involvement of the saffron robe in Sri Lankan politics has had any salutary result, at least, in its seven decades of post independent history. Yet by all means, this intervention seems very deliberate, promising and encouraging. On the other hand, it is not an easy game for the Rajapaksas now, to ignore the powerful voice of the Maha Sangha, in the manner they have normally done with the Judiciary and the Legislature.

After all and at long last, the Maha Sangha is heard talking sense; they deserve the applause of all democracy loving, civilised and progressive citizens.

Yet, let us not speak too hastily; those who underestimate the resourcefulness and the ingenuity of the Rajapaksas, do so at their peril.