| What
PA offers by its 2000 proposals
The People's Alliance, which has rejected outright the LTTE counter-proposals
for an interim administration, has resurrected its 2000 draft proposals
for a new constitution, saying they form the ideal framework for
any negotiations.
Though President
Chandrika Kumaratunga and the PA have put their faith on the 2000
proposals, the JVP, with whom the SLFP was negotiating a political
alliance, had dismissed the proposals, saying devolution of power
was not a solution to the ethnic problem. Published below are some
of the highlights of the PA's 2000 draft Constitution:
- The country
to be one, free, sovereign and independent consisting of the institutions
of the Centre and of the Regions; the name to be "The Republic
of Sri Lanka".
- The State
to preserve and advance a Sri Lankan identity, recognising the
multi-ethnic, multi-lingual and multi-religious character of the
Sri Lankan society.
- The legislative
power of the people to be exercised, by the people at a Referendum,
by Parliament and by Regional Councils.
- The executive
power of the people to be exercised, by the President of the Republic
acting on the advice of the Prime Minister and the Cabinet of
Ministers and by the Governors.
- Fundamental
rights shall be exercised by the people collectively as well as
individually.
- Regional
Councils to be established for all present provinces except the
North and East.
- Establishment
of an Interim Council and Cultural and Equality Commission for
the Northern and Eastern Regions.
- The territory
of the Republic to consist of Regions-Western, Central, Southern,
North-Central, North-Western, Sabaragamuwa and Uva.
- A Referendum
to be held in the Eastern Province to find out whether the people
of East are for the establishment of a North-Eastern Region or
Northern and Eastern Regions separately.
- Capital
Territory to form a part of the Western Region.
- The provisions
for the prevention of secession of any region, but consisting
provisions to the alterations of name, boundaries and formation
of new regions by making representations to the Central Government.
- The State
to consult the Supreme Council, recognised by the Minister of
Buddha Sasana to take measures to protect and foster the Buddha
Sasana.
- Right of
life, private and family life, ownership of property, special
rights of children, freedom from forced labour, right to safe
conditions of work, social rights recognised as Fundamental Rights.
- The President
is the Head of State and the Commander-in-Chief of the Armed Forces
- Two Vice-Presidents,
to be from different communities, elected by the majority of the
Members of Parliament and a majority of the Members of Parliament
of the community of such citizen is a member.
- The President
given the power to dissolve a Regional Council.
- The President
to act on the advice of the Prime Minister, and the process being
not justiciable (can neither be questioned nor enforced in courts)
- Cabinet
of Ministers charged with the exercise of the executive power
of the Republic, vested in the Central Government and in relation
to subjects and functions reserved to the Republic.
- The Prime
Minister to determine the number of Ministers and Ministries and
assignment subjects and functions to Ministers, and the President
on the advice of the Prime Minister to appoint the Ministers ensuring
the representation of all major communities.
- The Prime
Minister may at any time change the assignment of subjects and
recommend to the President changes in the composition of the Cabinet
of Ministers.
- The Cabinet
of Ministers to stand dissolved in the event of death or resignation
of the Prime Minister.
- The Supreme
Court reserves the power to review Acts passed by Parliament,
whether or not any provision is inconsistent with the Constitution,
and where it is so, declare such Acts or provisions void to the
extent it is inconsistent. (Constitutional Jurisdiction)
- The Article
for the establishment of Regional Council, be amended only with
Special Majority (approved with not less than two-thirds of the
whole number of Members of Parliament, including those who are
not present) and approved by the People at a Referendum
- The Constitutional
Council to recommend to the President to appoint members to the
University Grants Commission, The Official Languages Commission,
and the Finance Commission.
- The Constitutional
Council to be chaired by the two Vice-Presidents in rotation.
- The Governor
to be appointed by the President in consultation with the Prime
Minister and with the concurrence of the Chief Minister.
- The executive
power of the Region to be vested in the Governor, acting on the
advice of the Chief Minister and Board of Ministers.
- Ministers
of Regional Councils to exercise power, in consultation with the
Executive Committee.
- The Governor
to appoint the Advocate-General of the Region, who shall give
advice to the Governor, the Chief Minister and the Board of Ministers.
- State land
to be vested in The Centre and the Regions.
- The establishment
of the National Land Use Council.
- The establishment
of Regional High Courts.
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