SL to amend 19th Amendment – Burning Issues – Free PDF

The results!!

• President Gotabaya Rajapaksa and his brother,  who is former two-term President Mahinda Rajapaksa, have registered a landslide victory in Sri Lanka’s parliamentary election.
• Rajapaksa brothers lead Sri Lanka People’s Freedom Alliance (SLPFA), of which their Sri Lanka Podujana Peramuna (SLPP) is a majority stakeholder.
• The alliance won winning at least 145 seats, out of a total of 225 in the unicameral legislature. (2/3 majority – 151).

Forecast of things to come!

• Rajapaksa family strengthening its grip on SL
  • SLPP no longer needs to enter into compromises with other parties to bring sweeping constitutional changes to increase powers of the president.
    • They might possibly remove two-term limit on the presidency.
    • They may dilute 19th SL Constitutional Amendment act 2015 which limited presidents powers and distributed powers to PM, Parliament and other institutions.
  • Continuing centralisation of power, may lead to rising authoritarianism.

What was this 19^th Amendment?

• Sri Lankan Parliament had passed the 19^th to the Constitution Act on 28th April 2015.
• The Nineteenth Amendment was achieved through consensus developed by former President Maitripala Sirisena, it was policy that rejected both the Rajapaksa loyalists, who wanted to retain the hyper-presidential state.

What was this 19^th Amendment?

• President’s powers reduced
  • Presidential term was reduced from six to five years.
  • A two-term limit was put on presidency.
  • President would no longer dissolve Parliament until the expiration of 4.5 years of its term, unless it requests so by a resolution of a 2/3^rd majority.
  • Presidential immunity was diluted by making the Supreme Court’s fundamental rights jurisdiction to official acts of the President.

What was this 19^th Amendment?

• Parliament related changes
  • Parliament’s term was also reduced to five years from six.
  • Repealed the ‘urgent bill’ procedure from Parliamentary proceedings.
  • Every  bills to be gazetted fourteen days before the start of the legislative process. (Earlier it was 7 days).
  • It also restricted the number of Cabinet Ministers to thirty.

What was this 19^th Amendment?

• Other Progressive Changes
  • Freedom of information has been added to the Fundamental Rights.
  • It established the Constitutional Council and the independent commissions.
    • Independent commissions to oversee the public service, judiciary, the police, elections, and human rights.
    • Bribery and corruption commission made constitutional with more powers.
    • Independent commissions on audit and procurement setup.

What next?

• 19^th Amendment repeal?
• Tamil minority?
• China – SL bonhomie?

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