New draft Constitution restricts Cabinet to 20, curbs crossovers

A nine-member committee that formulated a draft Constitution, as directed by former President Gotabaya Rajapaksa, has recommended that the number of ministers be restricted to 20. In terms of the 19th Amendment to the Constitution, enacted in 2015, the President could appoint 30 ministers and there was provision for the appointment of 40 non-Cabinet ministers. However, the committee headed by Romesh de Silva, PC, has said the country can manage with 20 ministers and the number of deputies shouldn’t exceed 20.

This was disclosed at a symposium held at Sri Lanka Foundation (SLF) recently. The committee recommended that the President held the Defence portfolio. Since July last year, President Wickremesinghe has restricted the number of ministers to fewer than 20. SLPP sources told The Island that President Wickremesinghe has disregarded their request made in July last year to accommodate nearly 10 members in the Cabinet.

According to the draft Constitution there shall be at least one Cabinet Minister from every province appointed from among the members of the National State Assembly representing the government in any of the electoral divisions of such province where representation is available.

Perhaps one of the most important proposals were restrictions imposed on lawmakers switching allegiance. A member of the National State Assembly, who has contested the election being nominated by a recognised political party, voluntarily gives up his membership of such party or obtains the membership of another political party or votes against a party decision, such member shall vacate his seat in the National State Assembly, unless such member together with others have constituted a separate group which is not less than one-third of the members of such party represented in the National State Assembly. If a political party merges with another political party and a member is not in agreement with such merges and the member opts not to join with such new party consequent to, such member shall not vacate his seat.

Two other vital proposals were that a Member of the National State Assembly shall not be entitled to any exemption or reduction of any tax, duty or other levy more favourable than those exemptions and reductions granted to public officers. Members of the National State Assembly will not be permitted to alienate property acquired using such privilege during his tenure as a member of the National State Assembly.

A member of the National State Assembly who has been given any residence or vehicle is required to handover such residence or vehicle within one month of his relinquishing his office and failure to do so will be treated as an offence committed by such member which may result in imprisonment or a payment of fine

(SF)