The two 21st Amendments: Similarities and differences

The Samagi Jana Balawegaya (SJB) and a group of 41 MPs who are sitting with the opposition as independents this week presented two draft constitutional amendments that they propose Parliament passes to end the prevailing political crisis.

The drafts were presented as private member’s bills. The SJB’s 21st Amendment to the Constitution was presented by its General Secretary Ranjith Madduma Bandara while Wijeyadasa Rajapakshe presented the draft amendment on behalf of the 41-member independent group.

The two draft amendments have some similarities but also major differences. Following are some highlights:

The SJB’s constitutional amendment seeks to abolish the executive presidency and revert to a parliamentary system. There will still be a President but the office of the president will perform a ceremonial role after he or she is elected by Parliament. The President will continue to be the Head of State and Commander in Chief of the Armed Forces.

The person elected as President cannot hold office in or be a member of any political party so long as he holds office.

The President too can be removed by a No-Confidence Motion passed with a simple Parliamentary majority. Executive power will be exercised by the Prime Minister and the Cabinet, who are responsible and answerable to Parliament. The PM is the Head of the Government and the Cabinet. The Cabinet of Ministers shall not exceed twenty five; and Ministers who are not members of the Cabinet of Ministers and Deputy Ministers shall not, in the aggregate, exceed twenty five. The PM and the Cabinet must command the confidence of a majority of the legislature and they can be removed via a No-Confidence Motion.

The Constitutional Council (CC) established by the 19th

Amendment will be reestablished under the new amendment. The CC will recommend appointments to the independent commissions, the posts of the Chief Justice and Justices of the Supreme Court, President and Judges of the Court of Appeal and key state offices.

The amendment gives constitutional recognition to the National Security Council (NSC). Parliament shall by law provide for the powers and functions of the NSC and for other connected matters.

A Council of State will be established. This Council shall be a forum by which the public may provide non-binding advice to the Government.

The Wijeyadasa Rajapakshe amendment

However, the 21st Amendment presented by the group by MP Wijayadasa Rajapakshe on behalf of independent MPs does not seek to abolish the executive presidency.

Instead, it seeks to bring back provisions in the 19th Amendment that greatly curtailed the powers of the President.

It is also in favour of strengthening the Constitutional Council. The CC will include a professional nominated by Sri Lanka Organisation of Professional Association, a person nominated by Sri Lanka Chamber of Commerce and a professor of a State University nominated by the University Grants Commission.

The CC will recommend appointments to all independent commissions, and the posts of the Chief Justice and Justices of the Supreme Court, President and Judges of the Court of Appeal and key state offices.

Under the amendment, the President will no longer be able to appoint or remove Ministers and Deputy Ministers or change their appointments or assignments on his own. He will only be able to do so “on the advice of the Prime Minister.”