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New Constitution being planned
Government’s legal advisors are formulating a new draft Constitution for Sri Lanka. Once finalised, the document, a UPFA Government source said yesterday, would form part of the manifesto for the upcoming presidential election. The idea is to obtain a mandate from the people to implement it.
Though details of the provisions are not immediately clear, the source said they would include re-formulation of the 13th Amendment. This amendment, a byproduct of the Indo-Sri Lanka Accord of 1987, led to the setting up of Provincial Councils and spelt out measures for devolution. The Presidential system is to remain but there would be modifications, the source said.
President Mahinda Rajapaksa who will be the UPFA candidate would thus seek voter endorsement. That would be his mandate to change the Constitution, the source said.
Different groups of experts, the source said, are handling important aspects of the draft Constitution. Once finalised, it would be closely examined by UPFA leaders. Thereafter, it will be made public ahead of the presidential election so there would be public debate, the source added. Another ministerial source who confirmed the move said there was “no barrier to introduce a new Constitution which the majority of Sri Lankans would want.”
The move comes amidst claims by former Chief Justice Sarath Nanda Silva that the incumbent President cannot seek a third term. He has argued that no retrospective provisions have been made for this purpose when the two-term restriction of a President was withdrawn. However, some UPFA lawyers contend that there is no prohibition.
Media Minister Keheliya Rambukwella said this week the President would seek an opinion from the Supreme Court on the matter. Political analysts believe this was a move to pre-empt the former Chief Justice from canvassing the issue in the Supreme Court. He has publicly said he would do so.