20A will restore people’s sovereignty which 19A stole: Weerasekera
The 20th Amendment would restore the sovereignty of the people, which was put in jeopardy by the 19th Amendment, Local Government and Provincial Council Minister Rear Admiral (Rtd.) Sarath Weerasekera said.
Participating in the second round stage debate on the 20th Amendment Bill in Parliament yesterday, Weerasekera said that as per constitutional provisions, sovereignty in this country is in the people and is unchallengeable.
Sovereignty includes the powers of government, fundamental rights, and the franchise. Within the powers of the government comes the executive power of the people. That executive power of the people is exercised through the President. The 19th Amendment reduced the powers of the executive and thereby diminished people’s sovereignty. The 20th Amendment would rectify this and restore people’s sovereignty by unshackling the executive,” the minister said.
“The 19th Amendment weakened the executive power. For example, 6.9 million people voted for President Gotabaya Rajapaksa. Now, nearly one year has passed, but he still could not appoint an IGP he thinks fit for the job because of the 19th Amendment,” he added.
Minister Weerasekera said, “Before the 19th Amendment, appointments to key positions such as the Chief Justice, Attorney-General, and IGP were made by the President. The 19th Amendment vested that power on a constitutional council comprising nine persons. Of those nine votes, seven were in the hands of persons appointed by the Prime Minister and the Opposition Leader. That means two MPs elected form two districts exercising executive powers of an entire population.”
“What happened in practice? The Opposition Leader was R. Sampanthan, an LTTE proxy. The Prime Minister was Ranil Wickremesinghe, and we all know his attitude. It was those two who made all the important appointments. In other words, Sampanthan from the Trincomalee District and Wickremesinghe form the Colombo District exercised the sovereign powers of the entire nation. Is it justifiable?” he added.
“The constitutional council had three civil society members who were not responsible for the Parliament or the people. They were representatives of NGOs. Is it justifiable?” he asked.
He said that as the one and only who had opposed the 19th Amendment to the Constitution in Parliament, he was happy to see that the day has come to replace it with the 20th Amendment.
19A’s primary purpose was transfer of Presidential powers to PM: Sabry
The primary purpose of the 19th Amendment to the Constitution was to transfer certain Presidential powers to the Prime Minister so that Ranil Wickremesinghe could enjoy these powers, Justice Minister Ali Sabry.
Moving the 20th Amendment Bill for the second reading stage debate, the minister said that the Good Governance regime did not bring about the 19th Amendment for the good of the people. “They amendment it so that Ranil Wickremesinghe to get some of the powers of the presidency for his own benefit.”
Through the 17th Amendment, they tried to empower the Prime Minister. Then through the 18th Amendment, that power was transferred back to the President. Then by the 19th Amendment, again they tried to transfer the powers of the President back to the Prime Minister. If you take the constitutions, the 1978 Constitution is the most potent,” the minister said.
Minister Sabry said that the executive president under the 20th Amendment would not enjoy more powers than the powers vested on that post by the 1978 Second Republican Constitution. “When we compare the constitutions of this country, the 1978 Constitution had the presidency with highest concentration of powers. Subsequent amendments had reduced some of those powers and the 19th Amendment did the worst. The 20th Amendment would restore those powers of the presidency. Our attempt is to enable the President to exercise people’s power once again,” the minister added.
“The 19th Amendment not only rendered the post of President impotent, but also disabled national security. Take for example of Easter Sunday carnage, which is being investigated by several commissions. Now there is none to be held responsible. Various parties and individuals go before those commissions and try to place the blame on others. No one is taking responsibility,” Sabry said.
“It is clear that we cannot move forward in this manner. We have to do away the 19th Amendment for the sake of people. Former presidents J.R. Jayawardene, R. Premadasa, D.B. Wijetunga, and Chandrika Kumartunga ruled the country under the provisions of the 1978 constitution. Are they dictators? The 20th Amendment would not give any more powers to presidency than the presidential powers in the 1978 Constitution,” he added.
20A debate should not be a political battleground: Dullas
The debate on the 20th Amendment should not turn into a political battleground but a platform that discusses about drafting a new, comprehensive, and scientific Constitution, Minister of Power Dullas Alahaperuma said yesterday in Parliament.
Minister Alahapperuma said, “The 1978 Constitution is extremely impractical and unscientific. Therefore, it underwent a series of amendments. Apart from a couple, the most number of amendments were made by the same UNP Government that passed this Constitution. Some of these amendments are controversial. The 12th Amendment was one such amendment. There was a government MP, one Abeyratne Pilapitiya. A communist party leader Sarath Muththettugama got elected to parliament from the seat Pilapitiya was competing in. So what did the then government do? They came up with 12th Amendment.
“This amendment increased the number of seats in the House from 225 to 226. It was not activated of course, but the amendment was done and House approved the proposal. From 1978 to 1987, there were 13 amendments done to the Constitution. It shows how shortsighted and personal they were when initially drafting this Constitution,” he added.
Minister Alahapperuma said, “Within 42 years, this Constitution has undergone 20 amendments. With a random calculation, this means an amendment has been done for every one-and-a-half years from the passing of the Constitution. Isn’t this document like a letter written by a child? The American Constitution, which is over 233 years old, has only had 27 amendments; the Australian Constitution, which is 119 years old, has only 9 amendments; the Korean Constitution is 72 years old and has only 9 amendments; and the Japanese Constitution, which is also 72 years old, has no amendments. All these countries have had only one constitution each, so far.”
“The problem lies with the drafting of the first Constitution. Now, at the debate on the 20th Amendment to the Constitution, it has turned into a battle between two political ideologies—this is not what should happen. The 19th Amendment is history; the 20th Amendment is our present. What we should discuss is of a new Constitution which is practical and scientific,” he added.
Good Governance Government’s grave marked with Easter attacks and Bond Scam: Vasudeva
The so-called “independent” commissions established by the 19th Amendment to the Constitution were not “independent” but “stubborn” in nature, Minister Vasudeva Nanayakkara said yesterday.
“They were not independent commissions, but stubborn ones that employed persons who are not answerable to Parliament and the people. Recently, then Chairman of the Bribery Commission gave evidence as to how the political influence played a role in handling these so-called independent commissions,” Nanayakkara added.
Minister Nanayakkara also said that the grave of Good Governance Government is marked with two memories: the Easter Sunday carnage and the Central Bank Bond Scam. Nanayakkara made these observations joining the debate on the 20th Amendment to the Constitution in Parliament, yesterday.
Minister Nanayakkara said, “Perfect democracy is not found anywhere in the world. Different countries are experimenting with different versions of democracy; we should find a version of democracy which is of our own. We started this quest in 1972 and are discovering our own future—our own new Constitutions.”
“First of all, we need to understand what a Constitution is. A constitution is a reflection of the existing balance of forces at any given time. We have it and therefore, it becomes negated one moment and then rises again. Then it is challenged once again by mass forces. That is how it happens,” he said.
“History does not have linear growth; there is no demarcation such as rulers and people. There are only people and representatives of the people. Any other ruler is someone who gets appointed without the consensus of the people. In our government, we do not have rulers, we have representatives of the people. That is what we call ‘Representative Democracy’. We do agree that it is not the best version of democracy. The best democracy is direct democracy; the best democracy was in the Soviet Council,” he added.
“Back then, we also supported the 19th Amendment. People like myself and N.M. Perera believed that the executive presidency should be done away with. We believed that reducing the power of the President and balancing it with the Prime Minister was a good thing,” Nanayakkara added.
He also criticised the idea of ‘de-politicisation’, which was a popular terminology used by the previous government. “When we agreed to establish the Constitutional Council, former Prime Minister Ranil Wickremesinghe attempted to include a number of people into the Council hiding behind this term. Why should we appoint people who do not answer to the people in such positions? I was against this move. Then the CC was established, amending the move,” he said.
19A weakened state mechanism: Dinesh
The state mechanism was weakened following the enactment of the 19th Amendment, Leader of the House Dinesh Gunawardena said. Joining the debate of the second reading of the 20th Amendment to the Constitution, he noted that this situation was made evident by the statements made by former President Maithripala Sirisena.
Gunawardena referred to a statement made by Sirisena that while he held the office of the presidency, he was unable to govern the country due to these limitations imposed by the 19th Amendment.
He accused the former government of failing to bring about a constitutional amendment that guaranteed democracy for all Sri Lankans and ensured national security.
Therefore, the Leader of the House assured that the 20th Amendment would correct the mistakes of the 19th Amendment.
UNP calls on Parliamentarians to vote against 20A
The United National Party, issuing a press release yesterday, called on Members of Parliament to refrain from voting for the 20th Amendment to the Constitution.
"We as a party have continually expressed concern that such an amendment would endanger our heritage enshrined in the Constitution, which is the sovereign right of the people of Sri Lanka. The independence of the judiciary, an independent Election Commission which
protects the public’s franchise, and the necessity to have a competent and independent Auditor-General, are all part of our country’s Constitution.
“The UNP opposes the decision by the government to permit dual citizens to enter Parliament. The question that arises in such a situation is where would the loyalty of those citizens lie, with their country of birth or their adopted country?” the statement read.
The passing of this amendment will allow for a precedent to be set which will threaten the inherent rights of the country, including ensuring Buddhism the foremost place in the country while affording equal rights and protection to other religions, the release added.
Rishad allowed to attend Parliament after completing quarantine: Sudarshini
SJB Vanni District MP Rishad Bathiudeen, who is currently in remand custody, will be allowed to attend Parliament only after completing 14 days at a quarantine centre, keeping with the procedure adopted to keep prisons COVID-19 free, State Minister of Prison Reforms and Prisoners' Rehabilitation Sudarshini Fernandopulle said yesterday.
State Minister Fernandopulle said there are over 30,000 remand prisoners at present, and that strict health regulations are followed at all prisons to avoid prisoners from contracting the virus. According to Fernandopulle, prison visits are temporarily suspended and no outside food is allowed within the premises.
Fernandopulle made these observations in answer to a query raised by Chief Opposition Whip Lakshman Kiriella, as to why arrangements have not been made to allow Bathuideen to attend Parliamentary sessions.
Speaker Mahinda Yapa Abeywardena said that necessary health procedures have to be followed before the detained MP is allowed to attend sittings.
When Opposition MPs queried as to how SLPP MP Premalal Jayasekera who was in prison serving a death sentence was allowed to attend sittings, Jayasekera said that he had been moved out of the prison and kept in quarantine for two weeks before being allowed to attend Parliament sittings.
20A would help government rule with an iron fist: Vigneswaran
The government is hurriedly bringing in the 20th Amendment to strengthen the hands of the rulers to govern with an iron fist and block the democratic corridors still available to the minorities, especially the Tamil-speaking population, MP C.V. Vigneswaran alleged.
Joining the debate on the 20th Amendment in Parliament yesterday, he said, “It is unfortunate that every party that has come into power in this island has been generally legislating to further the self-interest of that party, and its members and supporters, forgetting their duty towards the people and the country as a whole. Those who aspire to become a Lee Kuan Yew shed their party predilections if they are to progress.”
He pointed out that Lee Kuan Yew did not pursue a Chinese Buddhist path, but loved every Singaporean whatever hue he or she was. “Branding the minority as terrorists might bring the vote of the majority, but would not help to take the country forward. There would certainly be a geopolitical and international reaction,” he said.
Vigneswaran said that it is in furtherance of their attitude in self-interest that those in power today are bringing in this 20th Amendment to cloth a single individual with enormous powers.
This would strike the death knell to democracy and human rights in this country, he added.
He noted that it is funny that those in Sri Lanka want to denigrate democracy and desecrate decent dimensions in a democratic way of life.
UNP has lost its presence in Parliament: Cabraal
The United National Party, which brought in the 19th Amendment to the Constitution, has lost its presence in Parliament, State Minister Ajith Nivard Cabraal said yesterday.
State Minister of Money and Capital Market and State Enterprise Reforms Ajith Nivard Cabral made this observation delivering the concluding speech of the first day of the debate on the 20th Amendment to the Constitution.
Minister Cabraal said, “When the Good Governance Government brought the 19th Amendment to Parliament, they spoke as if it would solve all the socioeconomic problems in the country. Then it was implemented, and we saw its repercussions. The country was dragged into a serious situation due to this amendment. Economy of the country and the living conditions of the people dwindled.
“Today, the very political party which brought in the 19th Amendment to the Constitution has only one seat in the House. Even that seat, they cannot decide on whom to send.”
Minister Cabraal added, “If we follow the same methodology followed by the Good Governance Government, we, too, will go down the same road. We don’t want that. That is why we immediately opted for an amendment to the Constitution and did away with all the shortcomings of the 19th Amendment. Later on, we shall bring about a new Constitution.
“The 20th Amendment to the Constitution will create a solid political situation to create a strong economy. I hope some of the Opposition MPs would vote for this bill,” he added.
