Curtailing President’s powers through Amendment

By TON Sri Lanka

On May 23, the Sri Lankan cabinet met and discussed a draft 21st Amendment of the constitution in order to reduce the powers of the Executive President and increase the powers of the parliament on the pattern of the repealed 19th Amendment.

The Prime Minister’s office said in a statement that on May 27 the draft 21st Amendment will be handed over to the leaders of the parties represented in parliament. Thereafter the cabinet will argue the amendment and the suggestions of the party leaders on it.

There has been a tenacious demand since the mid-1990s for the reduction of the enormous powers vested in the directly elected Executive President and to increase the powers of parliament.

The Executive Presidential system was created by the 1978 constitution to set up a stable and durable central authority to carry out major economic reforms. The amendment changed socialism with neoliberal policies to bring about speedy economic development in Sri Lanka. However, on the contrary, the successive Presidents are inclined to abuse the authority conferred to them instead of spending it on development or the welfare of the people.

Since the time of 1990s, no serious endeavors have been made by Presidents to curtail their powers either through a new constitution or an alteration of the existing one. In fact, these powers were increased by enacting the 18th Amendment.

When the ‘Good Governance’ government came into being under the existing newly incumbent Prime Minister in 2015, the 19th Amendment was passed and ratified which reduced the powers of the President and increased the powers of parliament, and also introduced non-political Independent Commissions to oversee executive power.

Again in 2020, the incumbent President replaced the 19th Amendment with the 20th Amendment which once again gave huge power to the hands of the Executive President. However, the president used this controversial manner that within two years into his term, he faced an immense and widespread movement against him to force him to quit the post of president. Despite the general demand for his quitting by the Sri Lankan public he did not quit but agreed to get decrease his powers.

The 21st Amendment which is meant to do this job has been drafted by the lawyer MP and the present Justice Minister. On Monday Prime Minister met representatives from the Chambers of Commerce, the treasury Finance Ministry and Economic Advisers to discuss a new budget and future economic plans.

The incumbent PM said that a new budget would be presented which would meaningfully decrease capital spending. The money thus protected would be utilized for welfare plans. The Prime Minister further said that due to the war in Ukraine and also misconduct by the previous governments, Sri Lanka is facing a nourishment scarcity.

As the Sri Lankan government is trying to reduce the bearing of the shortages. The business representatives told the PM that the procedure of issuing aid to the people should be digitalized. The Prime Minister said that government will work out the plan for those needy in a bid to give them aid.

He further said that a financial policy agenda to cherish economic rights would be encompassed in the proposed constitutional amendment. He has asked the Finance Ministry to undertake structural reforms based on a competitive social market economy that can achieve development goals.

Sri Lanka has been mired in economic turmoil over the past few months, with the country battling severe shortages of essential items and running out of petrol, medicines, and foreign reserves amid an acute balance of payments crisis.

The resulting public fury targeting the government triggered mass street protests and political upheaval, forcing the resignation of the ex-Prime Minister and his Cabinet, and the appointment of a new prime minister.

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