21 A: Sri Lanka Direct submit far reaching proposals; Prevention of crossovers among issues raised

Civil society grouping Sri Lanka Direct has forwarded a set of proposals to Justice Minister Dr. Wijeyadasa Rajapakse, PC, spearheading the efforts to promulgate the 21st Amendment to the Constitution.

Sri Lanka Direct comprising professionals in different fields has dealt with several issues, including the executive’s power to prorogue and dissolve Parliament, prevent crossovers and the appointment of Governors and heads of overseas missions.

The grouping asked the Justice Minister to share their proposals with the Cabinet of Ministers for due consideration and inclusion in the proposed amendment. A senior spokesperson for the group said that they expected the proposed amendment would be an interim arrangement before definitive changes at a future date which could require amendment necessitating a referendum.

The proposals are:

1. Article 44 of the

Constitution – Ministers and their subjects and Secretaries:-

It is our view that the President should not hold any portfolio and therefore Article

44(2) of the Constitution is best deleted / appropriately amended to reflect the same.

Articles 51 and 52 of the Constitution related to appointment of Secretaries:-

It is our submission that the appointments under Articles 51 and 52 of the Constitution, i.e. the appointment of the Secretaries to the Prime Minister, the Cabinet of Ministers and Ministries should be on the advice of the Prime Minister, and this is also important for purposes of practicality.

2. Article 41A – Constitutional Council:-

It was originally envisaged in the Draft Bill of the 19th Amendment to the Constitution that there would be greater representation by appointees from outside Parliament.

The present draft provides for three (3) such persons in a total of ten (10).

We urge that there be an increase in the outside parliament appointees towards increased citizen participation recognizing a greater role of the sovereign people to at least reflect a balance between appointees from Parliament. This is especially in the context where the role and function of the Constitutional Council is to ascertain objectively the suitability of nominations by the Executive and a Constitutional Council in the proposed format will not fully achieve that objective.

3. Persons / Institutions coming under the purview of the Constitutional Council:-

May we suggest that the following institutions also be brought under the purview of the Constitutional Council and the Constitutional Council should approve the appointments for the members of;

a) The Right to Information Commission.

b) The Office bearers of the Port City Commission.

c) The University Grants Commission.

d) The Members of the Monetary Board of the Central Bank of Sri Lanka.

4. The President’s Power to Prorogue and Dissolve Parliament:-

It is also submitted that the President’s Power to prorogue and dissolve Parliament unless by effluxion of its term as provided by the Constitution should only be on the advice of the Prime Minister.

5. Appointment of Governors and Heads of Mission Abroad:-

We also submit that in appointing Governors and Head of Missions Abroad, the President should only act on the advice of the Prime Minister.

6. Prevention of Crossovers of Members of Parliament:-

We are also deeply concerned on the impact that crossovers of Members of Parliament have on the system of governance and submit that suitable provision should be included to prevent unethical crossovers by Members of Parliament which are influenced by collateral motivations and which are against the will and intent of the sovereign people. One possible way of addressing this issue could be to introduce suitable provision disqualifying such Members of Parliament from accepting appointment as a Minister in terms of Articles 43, 44, or 45 of the Constitution upon such cross over.

We are making the above submissions in the considered view that the suggested changes will not necessitate the need for a referendum.”