The Bar Association of Sri Lanka (BASL) today urged the Government to ensure the early enactment of the 21st Amendment to the Constitution, as it would be a step necessary towards achieving stability in Sri Lanka.
In a letter to President Gotabaya Rajapaksa, Prime Minister Ranil Wickremesinghe and Justice Minister Wijedasa Rajapaksha, the BASL observed that the drafters have not included several provisions found in the 19th Amendment into the draft 21st Amendment.
The BASL said it perused the draft 21st Amendment to the Constitution,
and found that the drafters omitted the salient features in the 19th Amendment that precluded the President from assigning any subjects or functions to himself.
Therefore, the 21st Amendment enables the President to continue to retain Ministries and assign to himself any subjects and functions and take over the functions of any Minister. The BASL is of the view that the 21st Amendment must include a provision amending Article 44(2) of the Constitution, removing the power of the President to retain Ministries and assigning to himself any subjects or functions. Such provision must be made operative as soon as the 21st Amendment comes into operation.
In addition, the BASL observes that the President’s powers to prorogue and dissolve Parliament are left intact, in contrast to the 19th Amendment to the Constitution, where the President could dissolve,
Parliament only after four and a half years following a Parliamentary election. The BASL opines that the provisions in the 19th Amendment on the dissolution of Parliament should be restored.
In addition, the BASL recommends that the following matters which were contained in the BASL proposals be included in the 21st Amendment.
1. A provision for the members of the Monetary Board to be appointed with the approval of the Constitutional Council, (in addition to the Governor of the Central Bank);
2. A provision for the appointments of the Secretaries to the Ministries, Governors of the Provinces, Ambassadors and Heads of Missions to be done on the advice of the Prime Minister in consultation with the Cabinet of Ministers.
3. A provision to require Presidential Pardons to be done according to the recommendation by a body established by law, appointed by the President on the directions of the Constitutional Council;
4. A provision to enhance financial independence, transparency, and accountability of Independent Commissions.
The BASL further recommends that the number of members of the Constitutional Council who are not Members of Parliament be increased from 3 to 5 and conversely, the number of Members of Parliament on the Constitutional Council be reduced from 7 to 5, as was found in the 17th Amendment to the Constitution. This is consistent with the position taken by the BASL in 2015 when the 19th Amendment was enacted.
