Sin updated draft ion
Should be retained minster model t United Sri Lanka’ provision
will be the election of the PM. This system will also apply if the Westminister model is adopted.
The PM and Government, according to provisions of the draft, “whether elected at the general election, or elected by the House after an inconclusive general election, shall not be removed from office during the first two years of its term except (a) by a vote in the House passed by not less than two thirds of the members express it has no confidence in the Government” or (2) the Government is unable to secure passage of the Annual Appropriations (Budget) Bill after three attempts. In such instances the Parliament is to stand dissolved when Parliament passes them.
The draft notes that the Steering Committee accepted the proposals that the Province be the primary unit of devolution. It adds that “the Constitution (by way of a Schedule) should identify the geographical area/districts included within each Province, as well as the geographical area of Capital Territory.” It notes that provisions relating to possible merger of Provinces “require further consideration by the Steering Committee” and points out that the “TNA (Tamil National Alliance) has suggested that the Constitution recognise the Northern and Eastern Provinces, as a single Province.” However, a paper submitted by ‘JO’ leader Dinesh Gunawardena states that there should be no amalgamation of Provinces. On the other hand, the draft says, the Jathika Hela Urumaya (JHU) had proposed that “decentralisation of power should take place on a district-based system.”
The Steering Committee has recommended the inclusion of a clause or clauses as safeguards against secession. It has stated that “The Constitution should specifically state that the Sri Lankan State is “undivided and indivisible.” It should specify that “No Provincial Council or other authority may declare any part of the territory of Sri Lanka to be a separate State or advocate or take steps towards the secession of Province or part thereof, from Sri Lanka.”
Noting that the TNA has “suggested that the Constitution recognize the Northern and Eastern Province as a single Province,” the draft has said that “the existing provisions of the Constitution relating to the possibility of two or more Provinces forming a single unit, should be retained, with the additional requirement that a referendum of the people of each of the provinces concerned should also be required.”
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.
The draft report says that “there was general consensus that a second chamber should be established, which is largely representative of the Provinces. It has suggested that the Second Chamber should “consist of 55 members, 45 drawn from the Provincial Councils) (each nominating five Members of such PC on the basis of a Single Transferable vote) and ten Members elected by Parliament on the basis of a Single Transferable Vote.” Such ten members, the draft says, “should be persons of eminence and integrity who have distinguished themselves in public or professional life.”
The second chamber, the draft notes, shall not have the power to veto ordinary legislation back to Parliament for reconsideration. After Bills are placed on the Order Paper of Parliament, they shall be referred to the Second Chamber to obtain its views, if any, prior to the Second Reading. No Constitutional Amendment shall be enacted into law unless passed by both Parliament and the Second Chamber with special two thirds majorities.
A new electoral system has been a hotly debated subject, with smaller political parties like the SLMC and the Janatha Vimukthi Peramuna (JVP) raising objections to previous proposals and the current one. The draft now proposes a Mixed Member Proportional (MMP) system, which seeks to ensure proportionality of the end result (allocation of seats), while also having directly elected constituency seats. A specified number of bonus seats, the draft says, shall be allocated to the party that obtains the largest number of seats nationwide. A total of 233 seats are distributed, 140 (or 60 percent) on the basis of First Past the Post (FPP)