19A and varying shades of acceptance

by Uditha Kumarasinghe

The pledge given by all former Presidents elected to office since 1994 to abolish the Executive Presidency has remained meaningless promises. Former President Mahinda Rajapaksa enacting the 18th Amendment to the Constitution further strengthened the powers of the Executive Presidency and eliminated the two term restriction for the presidency, paving the way for him to contest a third term.

It also enhanced his powers giving him control over many independent institutions, seriously interfering with the judiciary, free elections and human rights. Ironically, several lawmakers who stood for abolishing the Executive Presidency have been clamouring for it to be abolished raised their hands for the 18th Amendment.

Since the introduction of the Executive Presidency, many scholars after a long delay, even the UNP which was the architect of the 1978 Constitution, favoured abolishing the Executive Presidency. Keeping true to his campaign promise, the incumbent President Maithripala Sirisena launched the battle to scale down the powers of the Executive Presidency.

This was supported by Prime Minister Ranil Wickremesinghe.

The Maithri- Ranil combination marked a new era in Sri Lankan political history when the 19th Amendment to the Constitution was adopded with an overwhelming bi-partisan majority in Parliament. The essence of the 19th Amendment includes the transformation of the Presidential form of government to a Presidential-Parliamentary system of government and the restoration of the 17th Amendment to the Constitution. A cross-section of Government and the Opposition Parliamentarians interviewed by the Sunday Observer hailed the Government’s decision to introduce the 19th Amendment to reduce the powers of the Executive Presidency and restore democracy in the country.

A great victory

Justice Minister Wijeyadasa Rajapakshe

The people, for the past 38 years were subjected to massive pressure, irrespective of party politics due to the Executive Presidency. Instead of sorting out the country’s problems, it created a lot of problems. Most of the time in the past, a state of anarchy prevailed in our country when the country was governed under the Emergency Regulations. We identified the Executive Presidency as the main root cause for all these social ills. As the remedy, the main methodology that we identified was to abolish the Executive Presidency. With a minority government in power, we took a great challenge along with President Maithripala Sirisena to make the necessary transformation expected by the people.

The President as pledged in his election manifesto, introduced the 19th Amendment to the Constitution and passed it with an overwhelming majority in Parliament. We also extend our sincere thanks to the main Opposition UPFA and all other political party leaders who had extended their support for this people’s friendly constitutional reform. Sometimes there were some differences among the Government and the Opposition on certain proposals. But as veteran politicians, the President and the Prime Minister could reach a compromise to pass this historic piece of legislation. This is not only a victory of Government but also the Opposition, a great victory achieved by the people and the media.

A long felt need

Opposition Leader Nimal Siripala de Silva

Nimal Siripala de Silva

The passage of 19th Amendment is an historic victory for democracy in Sri Lanka. This had been a long felt need for the people. Even the SLFP fought for this during the past three decades. So we are grateful to President Maithripala Sirisena for his magnanimous thrust made to curtail the powers of the Executive Presidency. We also appreciate the great leadership given by the President to smoothen the functions of parliament. If not for the support of the SLFP, the passage of the 19th Amendment would never have become a reality.

All political parties voted in favour of this legislation. We should extend our thanks to all parliamentarians, religious leaders and others who supported this move. However, I must say that the struggle is not over because the 20th Amendment will also have to be passed to have a clean electoral system.

Moved one step ahead

Deputy Foreign Affairs Minister Ajith P. Perera

Ajith P. Perera

Despite several sabotage efforts, President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe were able to reach a compromise to bring these major amendments to strengthen the democratic rights of the people.

All what we pledged cannot be done at once. But we are very happy that we could successfully move one step ahead facing great difficulties. It has opened the avenue for us to proceed with confidence. The passage of the 19th Amendment has removed the barrier that existed to abolish the Executive Presidency.

The new reforms will result in the President losing his immunity to dissolve Parliament after one year. According to the proposed reforms the President cannot dissolve Parliament until the completion of four and half years. The Cabinet has also been restricted to 30 Ministers and they will have to be appointed by the President on the advice of the Prime Minister. This is same as the situation which had prevailed in the 1972 Constitution.

The 19th Amendment has provisions to file a fundamental rights petition against the President at the Supreme Court so that the President will under court jurisdiction. The 19th Amendment has strengthened the provision that the President is answerable to parliament. This is a most welcome step taken to strengthen democracy. Under the 19th Amendment, the maximum term of a President to hold office has been restricted to two terms.

The Amendment has paved the way to set up independent commissions and make the judiciary and public service more independent. After the next General Election, the new government to be formed will be turned into a Constitutional Council and steps will be taken to formulate a new constitution.

Not what was promised

MEP Leader MP Dinesh Gunawardena

Dinesh Gunawardena

The main pledge to the people by President Maithripala Sirisena led the UNP alliance was to abolish the Executive Presidency. The 19th Amendment which was gazetted and brought before Parliament was slighter less than abolishing Executive Presidency.

The Government had attempted to amend the Supreme Court decision further transferring executive powers to Prime Minister. These amendments has changed to strengthen Parliament. Though this is positive, there will have to be a day to seek another fresh mandate to abolish the Executive Presidency. If the Government accused that there was a conspiracy to prevent the passage of the 19th Amendment, actually that conspiracy was within the Government. What the UPFA proposed was to bring 19th Amendment and Electoral Reforms simultaneously. Now the first priority of the Government should be to dissolve the Parliament within 100 days as pledged to the people. Because only a new Parliament could bring stability to the country.

A traitorous act

Digamadulla District UPFA Parliamentarian Sarath Weerasekara

The 19th Amendment will open avenues to strengthen the separatist elements putting the country’s sovereignty and territorial integrity at risk. Under the 19th Amendment, the appointment of IGP has been vested with the Constitutional Council (CC). Of the ten members in the CC, majority are appointed with the consent of Prime Minister and the Opposition Leader, not with the consent of Parliamentarians.

The President is appointed by the majority of the country’s people but the Prime Minister and the Opposition Leader only represent the people of their respective districts.

Power, which is not with the President, has been personally channelled to Prime Minister and the Opposition Leader. Except the two main parties in the Government and the Opposition, most of others are minority parties based on ethnicity. If a MP can be appointed to the CC with the consent of those minority parties, the MPs who represent two major political parties cannot take part to decide the composition of the CC. This process has opened avenues for 14 TNA Parliamentarians to directly intervene to decide on the composition of the CC. But I and majority of other Parliamentarians have been deprived the opportunity to take part into this process so that I fully oppose to such an undemocratic move. In addition seven persons appointed to the National Police Commission (NPC) are not held responsible to the people. Under these circumstances, the 19th Amendment would give necessary freedom to strengthen the activities of a separatist movement.

Therefore, I cannot take part whatsoever for such a traitorous act.

A victory of the people

JVP Propaganda Secretary MP Vijitha Herath

The passage of 19th Amendment is a victory of the people. Because various conspiracies engineered to prevent the passing of the 19th Amendment were also thwarted. The 19th Amendment also helped to do away the 18th Amendment introduced by former President Mahinda Rajapaksa. The function of independent commissions would be more advantageous to the people. If the Executive Presidency was not fully abolished, the amendment has made some positive changes to prune the powers of the Executive Presidency.

The amendment also helped to defeat the conspiracy hatched by pro-Mahinda Rajapaksa elements as well. No finality has been reached so far on proposed electoral reforms. But we hope the Government will also take a decision regarding that as well. At present, the Government is discussing with all political parties on electoral reforms. There is no connection between the 19th Amendment and the electoral reforms. Some Opposition MPs are attempting to give a wrong impression to mislead the public on this matter.

A new beginning

Jaffna District TNA Parliamentarian Suresh Premachandran

Suresh Premachandran

The passage of this important piece of legislation is a new beginning for good governance. The 19th amendment has brought back various independent commissions. The dictatorship which prevailed in the country has been restored back to democracy by the 19th amendment.

The people have access to right to information so that they can get information from Parliament, Pradeshiya Sabhas or any other Government institution. These are the characteristic features of the 19th Amendment. After a long period, the people have been given the opportunity to exercise democracy. If Maithri-Ranil coalition could not fully abolish the Executive Presidency, they have brought some sort of breathing to the people. However, the TNA remains the position that the Executive Presidency should be fully abolished.

Mandate gained from Parliament

SLFP National Organiser MP Susil Premajayantha

We were able to pass the 19th Amendment at the Committee Stage through a consensus reached between the Government and the Opposition. It was able to nominate seven parliamentarians to the Constitutional Council.

At the third reading vote, the Amendment obtained a two thirds majority with contribution from the Opposition. We see this as a mandate gained from Parliament in addition to the mandate given to the President by the people at the last Presidential Election.

The SLFP and the UPFA have demonstrated that they are capable of coming together to fulfill national responsibilities. President Sirisena has proven himself to be a trustworthy leader who is capable of fulfilling his promises.