Constitutional expert calls for brand new Constitution, rejects tinkering with existing one

By Maheesha Mudugamuwa-October 10, 2016, 9:35 pm 

Constitutional expert and Parliamentarian Dr Jayampathy Wickremeratne yesterday requested all political parties in the country to be flexible and help the government draft a new constitution.

He told a media briefing in Colombo that constitutional reforms were not for the benefit of a single person; it was for all the people.

Dr Wickremeratne said the previous two constitutions had been introduced for the benefit of the United Front and UNP respectively. But, at present since the UNP and SLFP were in power it was possible to make a new Constitution beneficial to the country.

At present a new constitution had not yet been drafted or not even a single provision made, he said, noting that the devolution of power and electoral system were being discussed.

Dr Wickremaratne, who is also a member of the Steering Committee of the Constitutional Assembly and the chairman of the committee that provides technical support to the Constitutional Assembly to draft the new Constitution, said that the need was for a new constitution and not amending the existing one.

The present Constitution was based on an executive presidential system and already it was having problems because the Parliament had to contend with provincial councils.

Therefore, a new constitution was a must to abolish the executive presidency, Dr Wickremeratne added.

Commenting on the constitutional provisions on religion, he noted that Sri Lanka had no state religion but Buddhism had been given the foremost place while the rights of other religions were guaranteed. Therefore, there was no need of changing the provision, he added.

Dr Wickremeratne stressed that the new constitution should provide a longlasting solution to the ethnic issue and a new electoral system should be introduced. Abolishing of executive presidency was one of the main tasks of the new constitution while the independence of the judiciary should also be ensured, he noted.

New fundamental rights provisions in the new Constitution should include children’ rights, women’s rights, social, economic and cultural rights and environmental rights, the constitutional expert said.

Referring to the TNA’s call for merging the Northern and Eastern Provinces through a new Constitution, Dr. Wickremeratne stressed that the decision of merging two provinces or states should be taken by the people of those provinces.

The Steering Committee would present a report on constitutional reforms to Parliament by November but it was impossible to set a deadline for the drafting of a new constitution, he said.

Dr Wickremeratne noted that he was of the opinion that the drafting of a new constitution should not be delayed and also it should not be done in a hurry.

Referring to the position of the President in the new constitution, he said the President should be the ceremonial head of the state with limited powers and appointed by an electoral college.