Rajapaksa: The Greatest Machiavellian Ever

By Nagananda Kodituwakku –July 10, 2015 

Nagananda Kodituwakku

In 1999, Chandrika promised vibrant democracy

On the eve of the Presidential Election in 1999, the PA manifesto promised the people that its future political programme would be based on their inalienable sovereign rights; a vibrant democracy based on law; and a society where human values would be upheld.

The promises further included the introduction of a ‘new Constitution’ ensuring social justice, abolishing the Executive Presidency, and the establishment of a Constitutional Council. The fulfilment of these promises would have removed the President’s powers to interfere with important public offices, which include appointment of judges to Apex Supreme Court, the Court of Appeal, the members of the Judicial Services Commission, the Attorney General, the Auditor General, the IGP, the Ombudsman and the Secretary General of Parliament.

On 21st December, 1999 President Chandrika Kumaratunga was re-elected with a clear mandate (51.12%) to realise what she pledged to the people.

However, her regime completely failed to realise the expectations of the people who had overwhelmingly believed in what the Presidential candidate and People’s Alliance uttered.

When the CBK Government felt the growing displeasure of the people over these broken promises, the 17th Amendment was brought in on 03rd October 2001, which introduced the following changes:

• Establishment of a 10-member Constitutional Counsel with five members appointed on the nominations of both the Prime Minister and Leader of Opposition (Section 41A).
• Removal of the President’s powers to intervene in the appointments to the high public officers (mentioned above) arbitrarily. Recommendations of the Constitutional Council were made mandatory for such appointments (Article 41C).
• Removal of the President’s powers to intervene with the following Commissions established by law (the Election Commission, Public Service Commission, the National Police Commission, the Human Rights Commission, Permanent Commission to investigate allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission) was also removed (Article 41B)
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