SUMMERY OF THE PROPOSED AMENDMENT by MP Dr. Wijedasa Rajapaksha

MP Dr. Wijedasa Rajapaksha

While the Executive Presidency is abolished, a President will be elected from among the members of Parliament by secret ballots. Upon his election, he shall perform his duties on apolitical basis.

While the President is the Head of the State who performs his duties on advice of the Prime Minister, the Prime Minister is the Head of the Government and the Head of the Cabinet.

Cabinet of Ministers shall consist of not more than 30 and there shall be Deputy Ministers also not exceeding 30.

There will be a Constitutional Council consisting of the Speaker, Prime Minister, the Leader of the Opposition, two members from the government side and two members from the opposition, which will be chaired by the Speaker. Prior approval is required in making appointments of members to the commissions, to the superior courts and to the high offices of the state.

Right to information on matters concerning public finance and affairs is recognized as a fundamental right, but subject to restrictions in the interests of national security.

In the process of impeachment against superior court judges, the Speaker in consultation with the Prime Minister and the Leader of the Opposition is obliged to appoint a penal consisting three retired Supreme Court Judges to inquire and report on the alleged misbehaviour or incapacity of the Judge concerned.

Interim arrangement is provided that the incumbent president shall deemed to be the duly appointed Prime Minister and may continue until he commands the majority support of the members of Parliament or until the term of the existing Parliament is over, whichever comes first. In any event he will remain to sit and vote in the Parliament as a Member of Parliament.

……… AMENDMENT TO THE CONSTITUTION

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

WHEREAS with the achievement of independence from foreign rule, Sri Lanka has had experience of a Parliamentary Cabinet System of Government for a period of three decades and a Presidential Executive System of Government for a period of thirty six years; and

WHEREAS it is necessary now to draw from the experience of both systems of Government and to make amendments to the Constitution to avoid the weakening of the powers of the legislature, losing of the independence of the State organs including the judiciary, diminishing of the principles and norms of good governance in public institutions, the deterioration of the values and principles of the State governance, and thereby strengthen the sovereignty of the Peoples in Representative Democracy and Good Governance;

Be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows.

1.       This Act may be cited as the ………….. Amendment to the Constitution.	Short title
2.       Article 4 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to and called as "the Constitution") is hereby amended as follows, (i). by the repeal of paragraph (b) and the substitution of the following paragraph therefor, 4(b). The executive power of the people, including the defence of Sri Lanka shall be exercised by the President, the Prime Minister and Ministers of the Cabinet. (ii) by deleting the words "of the President of the Republic and" in paragraph (e) of that Article.	Amendment of Article 4 of the Constitution
3.       Article 10 of the Constitution is hereby amended by the addition of following paragraph; 10A. Every citizen has a right to information on matters concerning the public finance and the funds of the Consolidated Fund.	Amendment of Article 10 of the Constitution
4.       Article 15(1) of the Constitution is hereby amended by inserting the number "10A" immediately before the number "13(5)" of the said Article. 5.       Article 30 of the Constitution is hereby amended by repeal of Paragraph (2) of that Article.	Amendment of Article 15 of the Constitution Amendment of Article 30 of the Constitution
6.       Article 31 of the Constitution is hereby amended by the repeal of that Article and substitution of the following Article therefor, 31(1). Parliament shall elect a suitable person from among Members of Parliament to the office of the President, and he shall hold office for a term of six years. Provided that, notwithstanding the expiration of his period of office, he shall remain in office until the next President assumes the office of the President. (2). Any member may nominate a Member of Parliament to be elected to the office of the President and in the event that there would be two or more such candidates, the Parliament shall elect one of them as the President. (3). Such election shall be by secret ballot and by an absolute majority of the votes cast (including those not present) in accordance with such procedure as Parliament may decide. (4). Any person elected to the office of President shall cease to be a member of any political party. (5). Notwithstanding the provisions in the sub-paragraph (1) above, the incumbent President may be qualified for re-election for one succeeding term. (6). Whenever the office of the President becomes vacant upon the expiration of his tenure or in terms of paragraph (2) of Article 38 of the Constitution, the Speaker shall summon the Parliament to elect the President as hereinbefore provided within a period of one week from the date of the occurrence of such vacancy. A period of not less than three days' notice shall be given to the Members before such election. (7). If such vacancy occurs after the dissolution of the Parliament, notwithstanding contrary to any provision in the Constitution, the Chief Justice shall deemed to be the President and shall exercise, perform and discharge the powers, duties and functions of the office of the President until the new Parliament elects the President.	Amendment of Article 31 of the Constitution Term of President Election of President Filling vacancy
7.       Article 32 of the Constitution is hereby amended (1). by deleting the words "and if he is a member of Parliament" in paragraph 2 of that Article, (2). by repeal of paragraph 3 of that Article. 8.       Article 33 of the Constitution is hereby amended as follows; (1). Renumbering the Article 33 as Article 33(1), (2). Repealing paragraph (a) of that Article, (3). Inserting the following paragraph as Article 33(2) to the Constitution. 33(2). The powers, duties and functions conferred on or assigned to the President by the Constitution or by any other written law whether enacted before or after the commencement of the Constitution except the powers, duties and functions conferred under paragraph (3) of Article 43 shall be exercised, performed and discharged on advice of the Prime Minister.	Amendment of Article 32 of the Constitution Amendment of Article 33 of the Constitution Exercise, perform and discharge of the powers, duties and, functions of the President
9.       Article 35 of the Constitution is hereby repealed.	Repeal of Article 35 of the Constitution
10.    Article 37 of the Constitution is hereby amended by repeal of that Article and substitution of the following Article therefor, 37(1). If the President is of the opinion that by reason of illness, absence from Sri Lanka or any other cause, that he will be unable to exercise, perform or discharge the powers, duties and functions of his office, he may appoint the Speaker to exercise, perform and discharge the powers, duties and functions of the office of President during such period. (2). If such necessity arise during a period where the Parliament is dissolved as stated in the paragraph (1) above, the President may appoint the Chief Justice to exercise, perform and discharge the powers, duties and functions of the office of President during such period.	Amendment of Article 37 of the Constitution Acting appointment for the office of the President
11.    Article 38 of the Constitution is hereby amended by repeal of that Article and substitution of the following Article therefor, 38. The office of President shall become vacant, 1.       upon his death; or 2.       if he resigns from his office by a writing addressed to the Speaker; or 3.       if he ceases to be a citizen of Sri Lanka; or 4.       if the person elected as the President wilfully fails to assume office within two weeks from the date of his election to the office of the President; or 5.       on the Parliament passing by absolute majority of the whole number of Members of the Parliament (including those not present) voting in its favour a resolution of impeachment against the President, introduced by any Member by a written notice, addressed to the Speaker and signed by such Member and at least half of the total number of Members of the Parliament.	Amendment of Article 38 of the Constitution Vacation of the office of the President
12.    Articles 39 and 40 of the Constitution are hereby repealed.	Repeal of Article 39, 40 of the Constitution
13.    Article 41A of the Constitution is hereby amended by repeal of that Article and substitution of the following Article therefor, Constitutional Council 41A. The Chairman and members of the Commissions referred to in Schedule I, to this Article, and the persons to be appointed to the offices referred to in Schedule II of this Article, shall be appointed to the Commissions and the offices referred to in the said Schedules, by the President. In making recommendations by the Prime Minster to the President for such appointments, the Prime Minister shall obtain the prior approval of the Constitutional Council for such appointments. Constitutional Council shall comprise of; 1.       The Prime Minister; 2.       The Speaker; 3.       The Leader of the Opposition; 4.       Two members of Parliament representing the ruling party and two members representing the opposition nominated by the speaker in consultation with the party leaders in the Parliament. However, if no consensus is arrived by the party leaders, the Speaker shall decide at his discretion and appoint four suitable members to the Council. Provided that, the persons appointed in terms of sub paragraph (d) above shall be appointed in such manner as far as practicable and as would ensure that the appointees would belong to communities which are communities other than those to which the persons specified in sub paragraphs (a), (b) and (c) above. Schedule I 1.       The Election Commission. 2.       The Public Service Commission. 3.       The National Police Commission. 4.       The Human Rights Commission of Sri Lanka. 5.       Commission to Investigate Allegations of Bribery or Corruption. 6.       The Finance Commission. 7.       The Delimitation Commission. Schedule II 1.       The Chief Justice and the Judges of the Supreme Court. 2.       The President and Judges of the Court of Appeal. 3.       The Members of the Judicial Service Commission, other than the Chairman. 4.       The Attorney-General 5.       The Auditor-General 6.       The Parliamentary Commissioner for Administration (Ombudsman) 7.       The Secretary-General of Parliament. 1.       The Speaker shall ensure that the said Constitutional Council is duly appointed within two weeks from the date of the enactment of this Amendment. 2.       The tenure of the Council constituted under this Article shall extend for such period as specified in paragraph (2) of Article 62 and such tenure shall not be affected by any prorogation of Parliament in terms of Article 70. 3.       In the event of any vacancy occurring in respect of the members specified in sub paragraph (d) of Article 41A(1), the Speaker shall ensure the filling of such vacancy within a period of one week. 4.       When the Prime Minister makes recommendations to the President for the appointment of members to the Commissions specified in schedule I above and appointment of officials specified in schedule II above, he shall obtain prior approval of the Constitutional Council. 5.       In the event the decision of the Council is not unanimous, the majority decision of the Council shall be taken as the decision of the Council. 6.       The quorum of the Council shall be four members.	Amendment of Article 41A of the Constitution Constitutional Council Composition of the Constitutional Council
14.    Article 42 of the Constitution is hereby amended by adding the words "the Prime Minister and the Ministers of Cabinet" after the words "the President".	Amendment of Article 42 of the Constitution
15.    Article 43 of the Constitution is hereby amended by repeal of paragraph (2) of that Article. 16.    Article 44 of the Constitution is hereby amended by repeal of sub paragraph (1) and substitution of the following Article. 44(1). The President shall, from time to time on advice of the Prime Minister, 1.       appoint Ministers of Cabinet from among the members of Parliament, not exceeding thirty and, 2.       determine the assignment of subjects and functions of such Ministers. (2). Paragraph 2 of Article 44 of the Constitution is hereby repealed.	Amendment of Article 43 of the Constitution Amendment of Article 44 of the Constitution Appointment of Ministers of the Cabinet
17.    Article 45 of the Constitution is hereby repealed.	Repeal of Article 45 of the Constitution
18.    Article 46 of the Constitution is hereby amended by repeal of sub paragraph (1) and substitution of the following Article. 46(1). The President shall, from time to time on advice of the Prime Minister, appoint Deputy Ministers from among the Members of the Parliament not exceeding thirty to assist the Cabinet of Ministers in the performance of their duties.	Amendment of Article 46 of the Constitution Appointment of Deputy Ministers
19.    Article 66 (c) is hereby amended by deleting the words "either by the people or the Parliament" and inserting the words "by the Parliament".	Amendment of Article 66 of the Constitution
20.    (1) Article 70(1) of the Constitution is hereby amended by repeal of paragraph (a) and substitution of the following paragraph. (a). The President may dissolve the Parliament from time to time on advice of the Prime Minister. (2) Paragraph 1(c) of Article 70 of the Constitution is hereby repealed.	Amendment of Article 70(1)(a) of the Constitution Repeal of Article 70 (1) (c) of the Constitution
21.    Article 88 of the Constitution is hereby amended by deleting the words "of the President and" in that Article.	Amendment of Article 88 of the Constitution
22.    Article 89 of the Constitution is hereby amended by deleting the words "of the President or" in paragraph of that Article.	Amendment of Article 89 of the Constitution
23.    Article 92 of the Constitution is hereby repealed. 24.    Article 93 of the Constitution is hereby amended by deleting the words "of the President of the Republic" in that Article. 25.    Article 94 of the Constitution is hereby repealed.	Repeal of Articles 92 of the Constitution Amendment of Article 93 of the Constitution Repeal of Articles 94 of the Constitution
26.    Article 107(3) of the Constitution is hereby amended by addition of the following paragraph; 3(a). Upon the receipt of such a motion, the Speaker in consultation with the Prime Minister and the Leader of the Opposition shall appoint a panel consisting of three retired Supreme Court Judges to inquire into the alleged misbehaviour or incapacity of the judge concerned and to submit a report to the Speaker.	Amendment of Article 107 of the Constitution
27.    Article 129 of the Constitution is hereby amended; 1.       by repeal of paragraph (2) and 2.       by deleting the words "determination and report" in paragraph (3) of that Article.	Amendment of Article 129 of the Constitution
28.    Article 130 of the Constitution is hereby amended, 1.       by deleting the words "election of the President or" in paragraph (a) and 2.       by deleting the words "election of the President or" in the proviso to that Article.	Amendment of Article 130 of the Constitution
29.    Article 160 of the Constitution hereby amended by adding the following Article therefor as Article 160(A), 160(A)(1)(i). Notwithstanding anything to the contrary in any provision of the Constitution the person holding the office of President immediately before the commencement of this Amendment shall be deemed for all purposes to have been appointed as the Prime Minister. (ii). Notwithstanding the contrary provisions in Article 62(1) of the Constitution, he shall deemed to be a member of Parliament during the remaining tenure of the incumbent Parliament. (iii). He may hold the office of the Prime Minister until he commands the support of the majority of the Members of Parliament. (iv). Person holding the office of Prime Minister immediately before the commencement of this Amendment shall cease to be the Prime Minister forthwith the enactment of this Amendment.	Amendment of Article 160 of the Constitution Interim arrangements
30.    In the event of any inconsistency between the Sinhala, Tamil and English texts of this Act, Sinhala text shall prevail.	Sinhala text to prevail in case of inconsistency