20A: Why The Indecent Haste ?
Mass L. Usuf
The infamous 18th Amendment to the Constitution drafted by the previous government within closed doors stigmatised the history of constitution making in our island Republic. Public discussion was outrageously disregarded and the amendment was put through as an urgent Bill under Article 122 of the Constitution. This Article now stands repealed by the 19th amendment.
Not as bad as that was the 19th amendment. If not up to the desired level, at least minimum public discussion did take place. However, the public literally was not privy to the 174 changes made to the amendment both by the government and the Opposition. One such change was regarding the Constitutional Council. A good illustration of horse trading, in the face saving act of ensuring the passage of the 19th amendment.
The 17th amendment historically was passed to whittle down the powers of the Executive President by the institution of the Constitutional Council. This Council was supposed to be an independent body. The antithesis to this was the 18th amendment. The draft 19th amendment, Article 41 A(1), had almost the same provisions of the 17th amendment relating to the composition of the Council. Three members of Parliament viz. The Prime Minister, Speaker and the Leader of the Opposition and seven outside of parliament. When the bill was passed on 28 April, hosanna! it became clear that the spirit of the Council had been hijacked by the Parliamentarians. Today, we have a Constitutional Council which is akin to a mini-parliament with seven of the ten members being members of the parliament.
As per the Constitution, the Council is supposed to reflect the pluralistic character of Sri Lankan society, including professional and social diversity. It is to comprise persons of eminence and integrity who have distinguished themselves in public or professional life.Read More
