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Significant changes in 19A; any MP can act for President
View(s):A new draft of the 19th Amendment presented to party leaders this week provides for an ordinary Member of Parliament to act for the President in the event of a vacancy if, for some reason, it cannot be filled by the Speaker. The amendment also takes away the designation of “Head of Government” from the President, leaving him or her with the positions of “Head of the State, the Head of the Executive” and the “Commander-in-Chief of the Armed Forces”. The Prime Minister remains the Head of Cabinet.
In a significant change to the amendment that was gazetted on March 16, the new draft binds the President to act on the advice of the Prime Minister. But it also has provision for the President to have a difference of opinion with the Prime Minister. In such an event, the President “may require the Prime Minister to reconsider such advice”.
“Where, upon reconsideration, the advice originally given remains unchanged, the Prime Minister shall inform Parliament of the same and seek the views of Parliament on the matter,” the amendment now states. The President shall thereafter act in accordance with the views expressed by Parliament.
Or, where Parliament does not express any views, the President is bound to act in accordance with the Prime Minister’s advice.
These clauses were inserted to strengthen the role of Parliament, official sources said. However, they also ensure that the President retains some of his or her powers. The Constitution will continue to make it possible to impeach the President. However, an additional immunity clause has been added to protect him or her from court action in the event that he fails to act on the Prime Minister’s advice or in accordance with the provision immediately following.
The fresh draft allows for Maithripala Sirisena, as the President now holding office, to assign to himself the subjects and functions of Defence, Mahaweli Development and Environment and to “determine the Ministries to be in his charge for that purpose”. There is also provision for him to continue to preside at and attend Cabinet meetings till the end of his term.
Future Presidents will not be entitled to ministerial portfolios. However, they will retain the right to summon meetings of the Cabinet of Ministers “for the purpose of discussing any matter of national importance, and shall preside at such meetings”. If there is a vacancy in the office of the President arising from death, the Speaker shall act in the office of the President during the period between occurrence of such vacancy and the assumption of office by the new President.
But if the office of the Speaker is vacant or the Speaker is unable to act, “a Member of Parliament nominated by the Prime Minister after consulting the Leader of the Opposition, shall act in the office of the President”. The draft describes several other instances in which an MP, similarly nominated, is permitted to act in the office of the President.
Significantly, the new draft has introduced additional bars to the “Right of Access to Information” which is to be included in the Fundamental Rights chapter of the Constitution. The restrictions now include “contempt of court” and “parliamentary privilege”.
It now states that, “No restrictions shall be placed on the right declared and recognised by this Article, other than such restrictions prescribed by law as are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals and of the reputation or the rights of others, privacy, contempt of court, parliamentary privilege, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
The draft obligates proprietors and publishers of a newspaper — in addition to private broadcasting or telecasting operators, as earlier included — to inform the Elections Commission within seven days from the date of nomination of candidates at an election or from the date of the proclamation requiring a referendum to be held “that it is the policy of the broadcasting or telecasting station or newspaper, which such operator, proprietor or publisher represents, or to support any particular candidate or any particular named political party or independent group at that election, or to support or to oppose a proposal put to the People at that Referendum, as the case may be.”
(Visit full text of updated the 19th Amendment)