Special features of new Constituti

UNP, SLFP wait for each other’s response on whether executive presidency s Three options for election of PM – direct elections, pre-nomination or West Compromise policy proposed on land and police powers, but JHU opposes i ‘JO’ wants unitary state provisi

An updated draft of a new Constitution has incorporated several new features but a cloud of uncertainty hangs over how soon political parties would be able to reach any con-

All State land, in terms of the draft, will be vested in the Republic. A Provincial Administration may negotiate with the Central Government for the release of any State land to be used for the purposes of any subject or function in the Provincial List. Where a Provincial Council does not comply with such requirement, the President shall refer the matter for arbitration to a tribunal consisting of a member appointed by the Prime Minister, a member appointed by the Chief Minister and a Chairman appointed by the members who are named. A decision of such tribunal shall be binding on the Centre and the Provincial Council, and, subject to the right of the Government and the Provincial Council to appeal to the Constitutional Court against such decision. No other court or tribunal shall have the power of jurisdiction to inquire into, pronounce upon, or in any manner call into question, such decision.

sensus.

Main among them are the two principal partners in the Government – the Sri Lanka Freedom Party (SLFP) and the United National Party (UNP). Each seems to be waiting for the other to make its position known. The draft, in the form of an interim report, was originally formulated in November last year and updated only in May this year by the Steering Committee of the Constitutional Assembly.

The very first discussion on the provisions of this draft last month ended abruptly after heated exchanges. It was over the existing provision in the Constitution that “The Republic of Sri Lanka is a unitary state.” The “Joint Opposition” (led by Dinesh Gunawardena) insisted that this provision be retained. So did the (JHU) headed by Minister Patali Champika Ranawaka. They also sought another amendment in addition. That was to include the following provision: “Any amendment or repeal and replacement of the Constitution shall only be made by Parliament and the People, in the manner provided for in the Constitution.”

However, four other parties -- the Sri Lanka Muslim Congress (led by Minister Rauff Hakeem), Tamil Progressive Alliance (a grouping of plantation sector political parties headed by Minister Mano Ganesan), the All Ceylon Makkal Katchi (led by Minister Rishad Bathiuddin) and the Eelam People’ Democratic Party (led by Douglas Devananda) -- are proposing an amendment. They want the provision changed to “Sri Lanka shall be known as ‘United Republic of Sri Lanka.’ In Sinhala that would be “Sri Lanka Eksath Janarajaya” and in Tamil “Aikkaya Elankai Kudiyarasu.” The word ‘unitary’, some of these party members say, would run counter to new provisions on devolution.

The return of Prime Minister Ranil Wickremesinghe is now awaited to fix a new date for another meeting of the Steering Committee which he chairs. There onwards, a clause by clause discussion is expected on nine different areas -- the introductory chapters of the present constitution including nature of State, Sovereignty and Religion, Principles of Devolution including land, Central Legislation on Provincial List Subjects, the Capital Territory, Second Chamber, Electoral System, the Executive, Constitutional Council and Law & Order. Since the document is still in draft form, changes and amendments are to be expected.

Yet, some of the key features in the draft on which the political parties will deliberate are of significant interest. The draft notes that “there was general consensus that the Executive Presidency be abolished” and adds that “the President should be elected by Parliament for a fixed term of office.” Some questions do arise over how the draft has recorded that there “was general consensus.” This is particularly in the case of the SLFP.

As far back as January 3 this year, 14 SLFP ministers resolved during a meeting with President Maithripala Sirisena that the Executive Presidency should be retained. They were unanimous that Sirisena should be the party’s candidate at the 2020 presidential election. The proposal was made by Duminda Dissanayake, who is General Secretary of the SLFP. Their thinking on the matter was on the premise that the party should not seek changes to any provision in the existing Constitution that would eventually necessitate a national referendum. This was reported in these columns on January 15. Thereafter, in fact, members of the SLFP’s subcommittee on the new Constitution met representatives of the All Ceylon Buddhist Congress leaders to brief them on their party’s position as revealed in these columns on January 22.

However, the SLFP subcommittee chairman and Minister Nimal Siripala de Silva told the inconclusive meeting of the Steering Committee last month that his party would present a comprehensive document. That would be their response to provisions in the new draft. There does not appear to be a marked policy shift in their earlier position of not seeking a referendum on provisions that require one. “We will examine all the clauses and make a final decision on our position. We will then have to ask our Central Committee to approve it,” an SLFP minister said. Either way, in the absence of a highly unlikely electoral arrangement between the SLFP and the UNP, it could see a three-cornered contest by the key players -- one from the Opposition, one from the SLFP and another from the UNP. The UNP is at the early planning stages for a campaign for its candidate, Premier Wickremesinghe.

A newer feature in the draft is different proposals when it comes to picking the Prime Minister. The options to be discussed are: (a) Direct election of the Prime Minister. (b) Prenomination of the Prime Minister, and (c)

Westminister system (which is currently followed). The draft says, “The Steering Committee was generally in favour of a selection of a system of election based on pre-nomination of candidates for PM.” For this purpose, (1) any political party may nominate a candidate for election as the Prime Minister; (2) A political party may nominate the nominee of any other political party or group; (3) A political party may choose not to nominate a candidate for Prime Minister. Provision is made in the draft for “each person nominated by a political party for election to the First Chamber of Parliament, whether as a local electorate MP or under the PR (proportional representation) list, is deemed to pre-commit their support for the person nominated by that political party as Prime Ministerial candidate.” Also eligible are independent candidates standing for election in a single member electorate or as members of an independent group under PR rule may also pre-commit support for a candidate for PM.

At the end of the poll and the declaration of results, the Election Commission will determine whether or not a candidate for PM has received pre-commitments from a majority of all elected MPs. The candidate receiving the majority of pre-commitments will be declared elected as PM. If the Election Commission determines that no candidate for PM has received a majority of pre-commitments from elected MPs, the PM will be elected at a Special Session of Parliament where the sole business