Sri Lanka’s New Constitution: New Era In Island-Nation’s Politics – Analysis
By Sugeeswara Senadhira*-MARCH 15, 2016
There were speculations of a vote on the resolution and MPs remained in the parliamentary premises till evening. However, the House gave its approval after Leader of the House University Education and Highways Minister Lakshman Kiriella read out the amendments. The original resolution was amended with the amendments submitted by the Sri Lanka Freedom Party (SLFP) of which President Maithripala Sirisena is the Chairman, Joint Opposition of the supporters of former President Mahinda Rajapaksa and the radical Janatha Vimukthi Peramuna (JVP) incorporated into it.
At the end of the debate, Prime Minister Wickremesinghe said that the House would be converted into an assembly where the formulation of the new constitution and reforming the electoral system would be taken up in the near future. Reforming the elections would not be taken as a separate issue and it would be incorporated into the draft Bill of the new constitution.
Abolishing of the Executive Presidency is one of the campaign promises of Maithripala Sirisena at the last Presidential Election. After coming to power he said there was a need of a new electoral system and pledged that he would “work at my utmost to make that wish a reality.”
Keeping with the Presidential Election promise, President Sirisena made a strong bid to dilute the Executive Presidency by devolving some of its powers to the Parliament by introducing the 19th Amendment to the Constitution. Although substantial changes were proposed in the first draft, the Supreme Court ruled out most of them as they require a National Referendum in addition to the two-third majority in Parliament. However, the successful passage of the 19th Amendment to the Constitution in Parliament with an overwhelming majority has resulted in the executive presidency ushered in by the 1978 Constitution losing some its powers.
The abolishing of executive presidency will require a two third majority in Parliament and a national referendum. The drafting of a new constitution and getting it passed by Parliament sitting as a Constituent Assembly, as it was done in 1978, is the task now and this process could benefit from the experience gained during the drafting of the 19th Amendment. The experiences of the last amendment included initial drafting, Supreme Court preview of the draft, long winding debate in media, enactment of the final bill and its adoption.
