Why A Referendum Is Necessary For 19A

By Kusal Perera -March 26, 2015

Kusal Perara

There are politically important and serious reasons why this piece of legislation called the 19 Amendment has to go before the people for their direct approval, before it becomes law.

1. There was no transparency, no accountability in the drafting process. It is an accepted democratic practise to have the process of drafting a constitution as an open, people based process. This left the people totally out of it in every way.
2. This parliament lacks any legitimacy having deformed the will of the people as decided at the 2010 April elections and therefore holds no moral right in representing the people anymore.
3. The installing of this government with Ranil W as Prime Minister is a contradiction in Constitutional provisions, where the President is expected to appoint a PM in his belief holds the majority in parliament. No one would dare say, President Sirisena believed RW with only 41 MPs could command a majority in parliament. Their private agreements though campaigned for during elections are not Constitutionally valid, unless RW commands a majority as required by Constitution.

As such, the following brief explanations can be of importance in arguing for a Referendum in adopting the 19A that is now in parliament.

1. The promise during the whole presidential election campaign was for democratic governance; explained further as one that would be transparent in every aspect, would hold itself responsible to the people and thus would be accountable to all decisions made and their implementation. “Yahapalanaya” was explained as such.
2. The promise was also to curb the Executive Presidency to an extent it could be held responsible to the parliament and therefore would be working in liaison with the cabinet of ministers, while the President would be equal as any citizen before law, with immunity removed.
3. The Constitutional Amendment called the 19 Amendment was to be adopted in parliament to effect such change, including a Constitutional Council to establish commissions that would be truly independent without any pushovers by the executive as before.

These were the main and major promises that laid the basis for the victory of common candidate Sirisena. In swearing in Ranil W as PM immediately after his own swearing in as President, he only kept his promise made to the voters as agreed between the two of them, that in turn installed a new government which holds no majority in parliament and is not Constitutionally valid.

With a government installed in parliament without a people’s mandate through an election now affecting Constitutional Reforms sans any public consultations too, the present parliament cannot be substituted for the people.                                                        Read More