By Dayan Jayatilleka –
Dr. Dayan Jayatilleka
The 19th amendment is quite seriously flawed in terms of (a) definition (b) process and (c) content.
It is flawed, indeed false, in terms of its definition, because an amendment which repeals whole sections of an existing Constitution and moreover changes it from a presidential to a parliamentary system is not an amendment. It is an abrogation disguised as an amendment. One cannot help but wonder at the subterfuge.
The 19th amendment is flawed in terms of process. Surely a change as drastic as this requires a period of transparent deliberation in the parliament, followed by a nationwide referendum? Why is this sought to be bypassed?
The 19th amendment is most seriously in error in terms of its content. In any country in which the President is elected by the people, by the nation taken as a whole, it is the single most powerful institution in the land. This is because it is the broadest most authentic repository of popular sovereignty. Flying in the face of this democratic principle, the 19th amendment transforms the executive presidency into one which has to always function on the advice of the Prime Minister, therefore transforming the Prime Ministership, which is a far narrower based institution, into the most powerful office in the land.
Worse still, the directly elected President is also rendered a prisoner of Constitutional Council, a largely unelected entity (7 of the 10 members are nominated, not elected). The President has to act in many important respects having consulted and obtained the concurrence of that Council.
If this sounds like a quibble, let me content myself by drawing attention to the fact that the President will be unable to decide on the Army chief without the consent of the Constitutional Council, the Attorney-General and the IGP. Some presidency! Some Council! “61E.(1) The President shall appoint:- (a) the Heads of the Army, Navy and Air force; (b) subject to the approval of the Constitutional Council, the Attorney General and the Inspector General of Police…”
The 19th amendment makes impossible the fundamental political task of national leadership. Leadership itself rests upon the capacity to make decisions. At no time is this capacity more important than in an exceptional situation or an extreme situation, also known in philosophical terms as ‘borderline’ or ‘limit’ situations. Of the decisions a leader must make, one of the most important is the capacity to decide which situation falls into such a category.
After the 19th amendment goes through, it will be impossible for the person elected by the country as a whole, the President to make such a decision on our behalf; a decision to keep us safe. He will be unable to do as President Premadasa did and dissolve the Northern Provincial Council in the extreme case of an attempt at breakout from the Sri Lankan state. He will instead have to act on the advice of the Prime Minister whose very administration may be relying in parliament on the support of the TNA.
After the 19th amendment the President will be unable to act as Mahinda Rajapaksa did in picking General Fonseka as army chief or as President Roosevelt did in choosing General Eisenhower as head of Allied forces though he was the not the senior-most in rank, or President Lincoln did in picking General Ulysses Grant to win the Civil War.
Had the 19th amendment been in place, President Kumaratunga could not have stopped Prime Minister Ranil Wickremesinghe’s process of appeasement of the LTTE in its tracks.
The post-19th amendment President will have to get appointments not only past the Prime Minister but also past the Constitutional Council, which may contain to prevent the State from reacting firmly and fast, to a Northern emergency or any political emergency whatsoever.
The entire principle is wrong. The Presidency is elected by the majority of the island taken as a single unit and therefore represents the unity of this country, while the two institutions he will be subordinate to namely the Prime Minister ship and the Constitutional Council will be representative of respectively (i) a far narrower electoral base and (ii) the principal of diversity of our society. The recognition of diversity is a fine thing but the principle must be ‘unity in diversity’ not the other way around. The 19th amendment upends this and privileges ‘diversity in unity’. To place the Prime Minister and the Constitutional Council above, or even on par (which is not the case with 19A) with a nationally-elected President is wrong in that it places the principles of narrower representation and diversity above the principle of overarching unity.
Far more bad than good will come out of the 19th amendment. It is a huge retrogression in comparison with the Constitution of the Second Republic, the presidential one. And no wonder! The drafters of the 19th amendment are intellectual pygmies, Lilliputians, in comparison with JR Jayewardene, HW Jayewardene, Ranasinghe Premadasa, Lalith Athulathmudali, Gamini Dissanayake, Ronnie de Mel and Esmond Wickremesinghe.
While the Northern Provincial Council is on the political warpath with its Genocide Resolution—a genie that cannot be put back in the bottle- the Sri Lankan State is being fatally weakened by the 19th amendment. Decision-making will be diffused. The nationally-elected Presidency incarnates the united political will of the people. What the 19th amendment does is to introduce a ‘federalism of decision-making’ at the center. This already begins the dismantling of the unitary principle, which at heart is the principle of unitary decision making. The dismantling of the unitary principle in decision making will result in the dismantling of the State. The loosening of the ties between center and periphery will inevitably result.
The post 19th amendment poly-centrism of decision-making will turn into fault lines and fissures within the State itself, and political factions will grow around these fault-lines and fissures. With the dismantling of the executive Presidency, the Sri Lankan State will find itself over the longer duration, in a state of disintegration.
Maghribi / March 9, 2015
Clipping the wings of the President and having a balanced power between the legislative and the executive councils is probably the intention behind the 19th Amendment.
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Jim softy / March 9, 2015
19th amendment, the way it has written, is a joke.
A president is elected by the people.
Then the prime minister who is selected by the parliament and appointed by the president himself, recommends him what to do
That is how every thing or anything that president do has to do.
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Jim softy / March 9, 2015
Why president powers needs to be clipped.
But, the president should not be able to abuse power.
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Sinchuappu Hewage / March 10, 2015
Is DJ newly become constitual analyst ?
How can he have the knoweldge to make the kind of statement ?
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Ram / March 9, 2015
The 1978 Constitution provides for which Articles may be amended or repealed by 2/3 majority of the Parliament and those which require a referendum. The draft 19th amendment does not seek to change any of the Articles which require a referendum and therefore not having a referendum prior to passing the 19th Amendment would not be a flaw in the process.
Furthermore, the contents of the 19th Amendment reflect very closely the promises made by the coalition in the presidential election manifesto and therefore may be deemed to have been ratified by the electorate at the polls on 8th January 2015.
There is no due process that is being bypassed and you are intentionally misleading the public by suggesting that there is. You have either not done your homework, or you are intentionally telling untruths to mislead your readers. Either way, you are being irresponsible.
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Vanguard / March 9, 2015
By the same token, we could have an amendment that makes it mandatory for the President to follow the advice (orders?) of the Army Commander, for example, and this could be done without a referendum?
Any substantial change to the constitution should require a referendum, and if not President JR Jayawardene and other intellectual giants have not done their job.
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Ram / March 9, 2015
If you read the Constitution, you will find that may of the Articles therein may be changed by a 2/3 majority of the Parliament.
It is only your opinion that “a substantial change to the Constitution should require a referendum”. However, this is not a legal requirement under our constitutional law.
So, the words “ought to” (showing that it is your subjective view) would be more appropriate than the word “should” (implying that it is a legal requirement) as used in your comment.
Much like the author of this article, you are careless with your use of language.
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Safa / March 9, 2015
Suggested amendments to DJ’s article
The 19th amendment makes impossible the diabolical political task of parochial dictatorship. Dictatorship itself rests upon the capacity to make overriding decisions according to the whims and fancies of the dictator and his cahoots. At no time is this capacity more important than in an exceptional situation or an extreme situation, also known in philosophical terms as ‘banana republic’ or ‘vicious dictatorship’ situations. Of the decisions a dictator must make, one of the most important is the capacity to decide how to destroy democracy and subjugate the parliament.
After the 19th amendment the Dictator will be unable to act as Mahinda Rajapaksa did in victimizing and debilitating General Fonseka from the rank of army chief not as President Roosevelt did in choosing General Eisenhower as head of Allied forces who went on to become the 34th President of the USA.
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burt / March 9, 2015
Don’t you have anything better to do than going around reading messages for MR and crying on CT day in and day out.
In principle what you say is correct but you got to look at the environment and whether those principles are practical in realty.
MR promised to bring changes to the presidency at least some check and balances he also had 2/3 majority in parliament but did nothing other than distributing 2/3 of the budget within family and friends. Even when the last election was called he had an opportunity to put this question on the ballot he failed on the other hand the opposition made this pledge and they won it. I would say they had a refrendum and people voted for it.
So there is no reason to reinvent the wheel.
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Miriam Fernando / March 9, 2015
It is all because he has been kept in a mental asylum since 8th January. today no many would invite him to SLTV giving him a place. Superiority complex – this the many in west seem to lack. This man DJ has been suffering from a rare form of longing attention drawn syndrome. Mama thamai miniha – mama thamai danne… knowall character even if you significant masses would fight for a civilized society- he DJ and Wimal Buruwanse would take long to see it right. That is where me and the like would decide whether this man DJ is a honest to himself ? [Edited out] Anyway, this kind kof malicious men and women were bred by MR uncivlized culture. But the most joke is this man would call him maxistist…. when it comes to make profit…
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watcher / March 9, 2015
UNP is trying again to create elected president as a puppet, and Ranil’s agenda is pretty obvious. He cannot get votes, he cannot govern, got foot and mouth disease and want to govern the country via party cronies.
New constitution need to be quite solid with president having defence powers and he/she answerable to the parliament.
We should have westminster model with president having executive powers that includes dissolving of the parliament . This way we may have some balance.
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Justice & Fairplay / March 9, 2015
Far more bad than good will come out of the 19th amendment. It is a huge retrogression in comparison with the Constitution of the Second Republic, the presidential one. And no wonder! The drafters of the 19th amendment are intellectual pygmies, Lilliputians, in comparison with JR Jayewardene, HW Jayewardene, Ranasinghe Premadasa, Lalith Athulathmudali, Gamini Dissanayake, Ronnie de Mel and Esmond Wickremesinghe.”
So this DJ considers Ranasinghe Premadasa as an intellectual giant, does he?
Is this DJ a constitutional expert?
Appears to me, there is not a lot this bloke assumes he isn’t?
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Ambedkhar Reborn / March 9, 2015
Smart Patriot DJ ,
You are destroying SriLanka with your fear mongering tactics. Your aim is to bring back MR and his regime at any cost. You are a comrade of Fiedal Castrom. Suddenly you praise US system because it suits your aim of bringing back MR. Remeber after the BC pact what JR did together with some section of the Buddhist Clegies. What the Rathu Sahotharayo did after DC pact.
You chose terms like Cyanide Capsule , Federalism , TNA , abrogate, referendum and so on centred against the minorities particularly against the Tamils to bring back further misery to SL, even though the war was over in 2009 and MR failing in both finding political solutions and practising good governance.
I believe in “nature balances”. Soon you will be taken to task by enlightened youths of Sri Lanka including clergies, particularly from the majority of the Sinhala Buddhist Community. Your manipulation, your hatred all will come to zero. It is a matter of time.
Majority of the SL population know where SL stands today and why SL has slipped to this position from Feb 4th 1948.
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Sinchuappu Hewage / March 9, 2015
Now the DNA analysts believe the could better analyse see similiarities of DJ s with that of Buruwanse. Both have much in common than anyone guessed at before.
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Dahanayake / March 9, 2015
It seems that DJ is suffering Yahapalana-Phobia.
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Thiru / March 9, 2015
Let me tell the Joseph Goebbels of the Sinhalese,
The so-called Sri Lankan state has become dysfunctional long time ago.
I will bring just one typical case to illustrate the point without boring the readers with numerous instances. For Tamils the Sri Lankan state is not just dysfunctional, it is also malicious:
There is no egalitarianism one would expect from a democracy as practiced the West, which is lacking even for the poor Sinhalese in the island.
Now the story:
Professor Selvanayagam was a pioneering professor in structural engineering, and he taught many Sri Lankan engineers from the inception of the engineering faculty in the University of Ceylon in Colombo.
After giving dedicated service to the country he took his hard earned provident fund from the university and bought a nice house in Ratmalana and moved in hoping for peaceful life in retirement.
Then came the state-sponsored anti-Tamil pogrom of 1958; Sinhala mobs stormed his house, chased the family away and occupied it.
When the dust settled they visited the house with police assistance and wanted the house back: They were told by the occupying Sinhala extended family of thugs that if they resort to legal action they will be killed.
They valued their lives more and didn’t pursue the matter:
I am sure the occupying Sinhala thugs would have a false title deed to the house. I hear stories of such falsifications of title deeds of many original Tamil owners was rampant under Mara junta.
Now the professor and his family were left with virtually nothing to call their own: They had to migrate overseas and find a job for himself in his senior years to survive.
Now, you multiply this true story hundreds of thousands of times then you know why we have such a large Tamil diaspora! It is about 800,000. What the Sinhalese deprived the Tamils back in their homeland they made many times over in their new found homes overseas.
Now they are free from dispossession of property, raping, torturing or mass killings.
Now I ask the bloody lying Gobbells, does the Sri Lankan state exist to protect Tamils or destroy them?
Mind you the case I mentioned is only a loss of property.
If you add the hundreds of thousands of Tamils, tortured, raped, or killed by the state agents, will any impartial international (non-Sinhalese of course) investigator not decide it is a clear cut case of planned, systematic genocide of Tamils?
Joseph, you want to put the genie of genocide back in the bottle, it cannot be done. Callum Macrae, despite dozens of attempts by the Sri Lankan state to thwart it got it going letting the whole world know of the genocide of Tamils.
NPC only confirmed what happened/happening in Sri Lanka: Is that a crime Joseph?
Aren’t you dishonest to yourself and a disgrace to your race?
You might turn out to be the mid-wife for the birth of Tamil Eelam which Pirapakaran was laboring to create!
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Rufus / March 9, 2015
You are wrong! The President does not need the approval of the Constitutional Council to appoint the Commanders of the armed forces. According to 61E, approval is needed only to appoint the Attorney General and IGP. This was the case under the 17th Amendment too.
61E. (1) The President shall appoint:- (a) the Heads of the Army, Navy and Air force;
(b) subject to the approval of the Constitutional Council, the Attorney General and the Inspector General of Police,
How blind can one be!
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Sinchuappu Hewage / March 9, 2015
I INTENTIONALLY didnt read your article – because I diodn tknow want. But once thing is clear yours is not worth to consider since we are all aware you just attack whatever comes from the mediation of RANIL since you have long awaiting personal vendetta to implement rather than thinking of the betterment of the nation. Besides, if my memory is aware, even so abusive Rajapakshe administration did not consider your since 2009, but you were the one who went after him back and forth. But never you had no guts to call spade a spade – that you have proved alone your set of articles added to CT and other platforms specially since 8th of January. Your predictions in terms of lanken future is akin those of Royal gundu astrologers- that misguided Rajapakshe and his selfish agenda. Latter was though advantageous to the folks but he was fully deceived.
And the fact that you are just selfproclaimed analyst but not at all a constitutional analyst – though you may have rights to as a citizen – not analysts would share their thoughts in this regard with you either. lately many I though heard comparing yours with that of Buruwanse – who is said tob e born on a street corner – and knows nothing but always on and on ant-MY3 adminstration just for their pitty agenda. He is now most hateful lanken figure of the nation – though MR media machines allowed him to abuse it to core.
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Alahakoon / March 9, 2015
This lunatic warmonger really hates SL, he is trying to pull it backward. One of his complains was SL president do not have enough powers as Lincoln (1870s) and Roosevelt did in 1940s. We all know this 4% analyst is very poor with numbers, he easily forgets that it is year 2015 now and new world has UN and UNHRC like world organisation functioning for more than 50 years…
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PBJS / March 10, 2015
Force a cyanide pill down [Edited out] throat. A Joseph Gobbles indeed.
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MNZ / March 9, 2015
“The drafters of the 19th amendment are intellectual pygmies”
Dayan, who are the Giants in this country you think would have done a better job? Those with legal qualifications and political experience, or those who think you are the greatest political thinker since sliced bread?
Obvioulsy the 19th Amendment will be debated in Parliament and all sorts of views will be expressed, and finally passed.
Of course the Presidential elections was primarily based on a 19th Amendment, hence no further referendum is required!
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Chandra / March 9, 2015
Alarming. The whole structure of governance is in peril in the hands of these “intellectual pigmies” who seem to have risen from political and social wilderness. Never in our history of governance have we experienced such mockery. Where have the genuine intellectuals gone? We need to be rescued.
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Native Vedda / March 9, 2015
sach the bigot,
Did you write the following comment in dbsjeyaraj.com
Here is the comment:
sach
May 17, 2012 at 2:00 am
there is no use of discussing history here, who came first to this island and who were the inhabitants then is not an issue as everyone here is born as sri lankan and entitled to all the rights any lankan should have. Discussing who came first is a historical matter and should be dealt by only historians. The ground reality of SL should be taken when devising a political solution.
whatever the history of this country is there are wto types of people here, one who speaks tamil and the other who speaks sinhala. the only way this country can go forward is by having two administrative region, one in tamil and the other in sinhala. that is the practical way.
whatever said and done i personally believe sinhala politicians are largely responsible for the current status of the country. A proper power devolution with the tamils should have been devised in early 50s. but we cant undone the damage now, at least correct the things for the sake of future generation.
a sinhalese
Selected information from Tamil Culture In Ceylon – A General Introduction by M.D. Raghavan
Compiled by Dr. Rajasingham Narendran
Posted by Administrator on 12 May 2012, 1:29 pm
http://dbsjeyaraj.com/dbsj/archives/6238
sach
Was it a Tamil using your pseudonym misleading the general readership? To be consistent with your own self I will be happy to hear that the comment was not made by you.
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sach / March 9, 2015
I guess after Ragasingham gave me that link when I asked for evidence for his historical claims, being the total ignorant fool on history you must have checked the link so that you can save yourself in CT. :)
Yes, i made that comment. You see when people learn new things and understand what really is going on people change their opinion. That is how a normal person acts.
So I was a lot lot ignorant then unlike today. :)
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sach / March 9, 2015
“there is no use of discussing history here, who came first to this island and who were the inhabitants then is not an issue as everyone here is born as sri lankan and entitled to all the rights any lankan should have. Discussing who came first is a historical matter and should be dealt by only historians. The ground reality of SL should be taken when devising a political solution”
Actually I stand with this even today.
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Justice & Fairplay / March 9, 2015
This bloke could outsmart Hans Christian Anderson – or better still, the Grimm brothers – for fairy tales hands down.(since he churns out only grim stuff outside his Medamulane heartbeat).
He would also make the ideal neighbor for that loud mouthed Passport Weerabangsha, who together could make each other, such fabulous company.
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chinthaka / March 9, 2015
“What the 19th amendment does is to introduce a ‘federalism of decision-making’ at the center” >>> No federalism also on ground.This is what whole Yahapalana gang and their Western & Indian masters want.
God help Sri Lanka.
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Dr.Rajasingham Narendran / March 9, 2015
Per acute manifestation of the ‘Sour Grapes’ syndrome!
Dr.Rajasinghan Narendran
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sach / March 9, 2015
Hi RN,
COuld you please give me the sources for your claims on the tamil history and that ancient poet from Eelam as you say?
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Jagath Fernando / March 9, 2015
Get it done without undue delay. We need a Parliament with power.
Who ever sits in the Presidential chair gets corrupted after sometime due to the power it has.
Simple as that.
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Jagath / March 9, 2015
DJ
Please take a rest.
We need peace.
Jagath
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Ambedkhar Reborn / March 9, 2015
Smart Patriot DJ ,
HLDM and you have been putting down MS as puppet of CBK and Ranil, and Sajith, Ravi and Karu as better leaders than Ranil to lead the UNP. You thought you can break the coalition of JHU, SLFP , UNP, JVP and other parties. But you have failed.
Now you want MR to come back to power by other means. You have been playing the anti Tamil card without much success. Majority of the Sinhalese voters have changed for the better.They want PIVITHURU HETAK ” under this coalition led by MS.
It is high time you take a dip in the river GANGES in India to wash away your sins. Then visit the Buddhist and Hindu holy places in India. You can do a Gamanpila style collections from the public. I’m sure they’ll be generous. Please take some from the MR team with you.
Have you read this news item in the ” Island” news paper 8th March :
“TNA WANTS EQUAL TREATMENT, NOT DIVISON OF COUNTRY ” – SAJITH
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I'mmad / March 9, 2015
Yah, it will be a constitutional cyanide capsule for persons like Dayan J, once it is adopted with or without changes. But they will find their bread and butter out of it as now.
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Vanguard / March 9, 2015
Dayan, won’t it be a moot point if the President makes it clear whom he will appoint as Prime Minister during the election campaign?
But not have the Prime Minister stand for election in the first place? One reason may be if the Prime Minister is not a charismatic figure.
Under the future constitution, however we will have to have a hard look at the proposed PM, but the president can always change his mind as to whom he wants as PM. There is no safeguard to prevent this.
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Jazz / March 9, 2015
Except for the Eelam termites, I’m sure the rest of us who consider Sri Lanka to be our nation would not have a problem with D.J. raising certain concerns about the 19A.
The more people who scrutinize this amendment and highlight concerns, the better will be the final draft of this amendment. Especially if there are concerns with regards to national security, then we need to incorporate safeguards in this amendment in order to address those concerns as well.
Especially when dealing with amendments to our constitution, I hope people would have the maturity and intellectual capacity to look at things objectively without any political bias.
If the final draft of this 19A does not get passed by a 2/3rd majority in parliament, then a referendum would certainly be required because the electorate at the last presidential election could not have possibly given a mandate without them knowing the exact contents and wording of the 19A.
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Burning Issue / March 9, 2015
Jazz,
DR DJ by hand holding with the Sinhala Buddhist chauvinistic termites has lost his status of neutrality and objectivity! His critiques may carry credence but they only be viewed on the platform that he created for himself!
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Jazz / March 9, 2015
Burning Issue,
You have taken this issue personally with regards to D.J. But, my point is that this amendment is a much more important issue for Sri lanka than just slandering D.J. for his political ideology. Whatever his politics or intentions are, if he or for that matter anyone else raises certain legitimate concerns with regards to this amendment, then we should look at those concerns objectively and incorporate safeguards if required. Especially if it concerns national security….
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Burning Issue / March 9, 2015
Jazz,
I do know that this Amendment is critical to SL moving forward. I welcome the executive powers will not be exclusively centred on one person; the current situation is very bad for the democracy. I am not claiming that every aspect on the 19A is correct, but an attempt is being made to rectify the status-quo that is near dictatorship under a wrong leadership i.e. MR!
We have had people of the calibre of Dr Luksiri Fernando and RMBS analysing the Amendment. It is not as if the academic folks are ignoring the Amendment; due attention is being paid with erudite analysis being carried out objectively. I am very sorry, I cannot say the same for DR DJ; he is completely devoid of objectivity at this juncture obviously!
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Off the Cuff / March 9, 2015
Dear Jazz,
You are right.
Whether one likes DJ or hates him should not be the criteria in examining what he says. He has raised a valid concern and it must be addressed.
The Council has 10 members, I was surprised to see that the President who represents a minimum 51% of the electorate excluded. The President has one representative while the PM, Speaker and Leader of the Opposition (LO) are exofficio members. PM and LO collectively nominates 5 others from anywhere, while the other parties collectively nominates one, again from anywhere. Thus the Council will have 3 elected and 7 nominated members (who need not be MP’s). The members have a 5 year term and cannot be removed by the President. The authority to remove them rests collectively with the PM and the LO. The Commissions that are established are immune from even the Supreme Court except when Fundamental Rights are infringed.
As constituted, the President has no say in the affairs of the Council. It is to this Council the President’s powers of appointment are subordinated.
There is a curious situation created as any appointment recommended by the Council gets automatic confirmation after 14 days whether the President agrees with them or not. Thus the Council not only recommends but also appoints making the President a rubber stamp without any authority. Can understand why this was done as this is the device used by MR to negate the Commissions. But this can lead to a different abuse.
But when the President refers an appointment to the Council for approval, no such time limited automatic confirmation operates.
The President’s immunity only operates while he is in office and any action he does while in office becomes actionable once he is removed from office. This will make the holder of that office wary of actions that otherwise could be criminal. This is a good thing.
These are only observations and I may be wrong. I hope others will contribute their views.
We should be thankful to CT for publishing this document online as it allows wide discussions to take place.
Kind Regards,
OTC
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sach / March 10, 2015
My points are,
1. Suitable professionals who have expertise in these area are not involved in drafting the amendment.
2. SL has had stability, economic growth, democracy, ability to fight challenges under this constitution. So there is no need to change it that too in such a hurry.
3. The time span (40 days) is very much small to discuss this, analyse this and pass it.
4. The people behind this amendment are questionable.
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Native Vedda / March 10, 2015
sach
“1. Suitable professionals who have expertise in these area are not involved in drafting the amendment.”
I suppose you have access to inside information and off the record briefing. Else how do you know professionals who have expertise in these area are not involved in drafting the amendment?
Why does the state employ legally qualified persons at the Department of Legal Draftsman?
Department of the Legal Draftsman
The main function of the Legal Draftsman’s Department is the drafting of principal legislation as well as amendments of existing legislation and drafting and revision of subsidiary legislation in order to facilitate the successful implementation of the Government
http://www.justiceministry.gov.lk
Please contact the Ministry of Justice. Here is the contact details:
Contact Details
Ministry of Justice – Sri Lanka
Superior Courts Complex
Colombo 12,
Sri Lanka
Telephone: (94) 11 2324681
Fax: (94) 11 2445446
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sach / March 11, 2015
Those who behind this amendment are public knowledge. If you read a newspaper it is very much clear. And the answer is in your reply as well.
Ministry of Justice and legal draftsman are not the professionals that needs to draft a constitution amendment, that too a one like 19A that changes the structure of the current one.
Political scientists should be engaged in not lawyers
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Jazz / March 10, 2015
OTC,
You have raised a valid point. There is also a very real possibility under this 19A that the people could vote for a President from one political party and the President would be required to nominate a Prime Minister ( the member who commands the majority in parliament) from a different political party. The Prime Minister who would be the Head of Govt. would then appoint his cabinet of ministers including the Minister of Defence. This could lead to a potential risk to national security if the President and the Minister of Defence disagree on policy.
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Estate Labourer / March 9, 2015
An executive president should always have some persons and / or bodies to supervise and oversee his work and check his powers.
Just imagine what could happen if a megalomaniac, lunatic or psychopath was elected as the president?
It has happened before because the Sri Lankan people have a predilection for voting for the wrong person now and then.
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Jim softy / March 9, 2015
19th amendment considers that peoples power is subordinate to parliament which does not have full mandate of the people and to the diversity of the people aka constitutional council which is not the majority wish.
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Andy / March 9, 2015
The 19th amendment is an abrogation of the existing constitution? So what? Don’t our elected representatives have the right to amend, abrogate or even create new constitutions like they did in 1972 and 1978?
The 19th amendment isn’t going to be deliberated by parliament or put to a referendum? Who says? You? It will be put before the Supreme Court who will determine if it needs a referendum. Isn’t that enough to meet your high standards (high standards that weren’t around when the Rajapaksa clan and their cronies were plundering the country)? Thereafter it will be deliberated by parliament.
The 19th amendment turns the executive presidency into one which has to always function on the advice of the prime minister? So what? Wasn’t Sirisena’s main campaign promise the abolition of the executive presidency? Didn’t the majority of Sri Lankans vote for that?
The 19th amendment forces the president to seek approval from the constitutional council for appointments of senior public officials? So what? In the USA – the epitome of executive presidency – all senior appointments (supreme court justices, federal judges, diplomats, heads of federal agencies and even cabinet members) by the president must be approved by senate. This system is called checks and balances. Didn’t they teach you that when you studied politics at university, or are you are standardised doctor of political science?
The 19th amendment will mean that the president won’t be able to dissolve a secessionist Northern Provincial Council? According to the low-lifes you hang around with nowadays the current executive president has made a secret deal with the TNA to bring about Eelam. So an executive president who has made a secret deal with secessionist will dissolve the secessionist Northern Provincial Council but a prime minister dependent on TNA won’t?
The 19th amendment will mean that best generals won’t be appointed to lead our troops? Without the 19th amendment did we have the best generals leading our troops during the debacles at Mullaitivu (1996), Kilinochchi (1998) and Elephant Pass (2000)?
The 19th amendment would have meant that CBK wouldn’t have been able to stop Ranil surrendering to the LTTE? Have you forgotten that without the 19th amendment JRJ allowed the Indians to violate our air space and signed a peace treaty which resulted in the Indians occupying a third of our land? Have you forgotten that without the 19th amendment Premadasa gave the LTTE weapons to fight the Indians, weapons which the LTTE then used against Sri Lankan soldiers? Have you forgotten that without the 19th amendment CBK tried to make peace with the LTTE in 1994? And have you forgotten that the CBK who saved Sri Lanka in 2003 is one of the prime movers of the current constitutional changes?
The 19th amendment will mean that the state won’t be able to react to a political emergency? How did Britain win two world wars with a Westminster parliamentary system?
The 19th amendment puts diversity above unity? So what? How does India, a country more diverse than Sri Lanka, survive without an executive presidency? How do Britain, Spain, Canada, Israel and Belgium – countries with significant minorities – survive without an executive presidency?
JRJ and Premadasa are intellectual giants? One surrendered to the Indians and the other armed the LTTE. I would rather have pygmies who give the people what they voted for rather than intellectual giants who sell out the people.
Your prophet has been brought down to earth by the people. Accept it instead of writing articles here, there and everywhere whining like a little girl, finding non-existent problems and stoking ethnic hatred.
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Simon / March 10, 2015
Thanks Dayan for winging again.You confirm for us that the amendment takes a way the Unitary Decision Making.I guess that is democracy?
When you winge we know that good decisions are being made.
Thanks again.
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Park / March 10, 2015
[Edited out]Dayan, I have to call you so because you do not deserve respect. Where were you when Rajapakse amended to constitution with the 18th amendment. Were you dead then and now you have come alive. It is sad that respectable news sites still give you space and time to display your stupidity.
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Lanka Watch / March 10, 2015
Dayan, We agree with you that on paper it looks fabulous but in reality,it will not work as too many cooks are there to run the govt. In Sri Lanka, two people do not agree on a common cause and how do we expect the advisory councils agree with the ministers and the ministers
agree with the President, in unison,to decide on what is best for the country. There will be frictions all over and chaotic situations could
prevail.
We should have, either a West minister style of government, which is
preferred by the people or the dreaded Executive Presidency type which some prefer and any new system by mixing both systems,we will be the 1st in the world to create one such system.
The best suggestion for the President is to hold on to the EP system until such time, a stable govt.is formed,major national problems are settled amicably with all communities made satisfied,corrupted people
are eliminated, clean out of the political scene and also he should note that we will never get another chance to put the country on the right path, if that is his wish and wish of the people.
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