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As soon as Justice Minister Ali Sabry rose to present the motion on Tuesday , MPs from the Samagi Jana Balawegaya (SJB), wearing black armbands and carrying placards, started shouting slogans against 20A. The MPs, who also wore “vinashakari 20 epa” (No to Destructive 20) badges, marched to the Well of the House, shouting “vissa epa” (“we don’t want 20”). Government MPs then came down too, shouting “vissa oney” (“we want 20”). The rival groups then tried to drown each other out with slogans for and against the amendment. A standoff lasting over half an hour ensued, though, there were no heated exchanges or physical confrontations.

MPs from the Janatha Vimukthi Peramuna (JVP) led National People’s Power (NPP) and the Tamil political parties in the Opposition however, did not join the SJB MPs in the Well of the House.

As Government and Opposition MPs continued to protest, Serjeant-at-Arms Narendra Fernando and his Deputy Kushan Jayaratne stood beside the Mace.

The draft Bill on 20A wasn’t even up for debate on that day. Amidst the chaos, Trade Minister Bandula Gunawardena moved 43 orders and regulations related to levies and taxes, commencing the debate that was scheduled. Yet, most MPs barely spoke on the topic for the day. Opposition MPs used the time to bash the 20th Amendment and praise the 19th Amendment, which the former will abolish. Government MPs by contrast, did the exact opposite.

Registering the SJB’s and the Opposition’s strong protest over the controversial Amendment being presented to the House, Opposition Leader Sajith Premadasa called it a “dark day” for Parliamentary democracy in the country.

Despite their vocal protests, the SJB has only 54 MPs in Parliament; its numbers dwarfed by the near ⅔ majority of the Sri Lanka Podujana Peramuna (SLPP) led Government. Yet, the Government insisted that even a sizable section of these MPs were waiting to vote for the Amendment. Agriculture Minister Mahindananda Aluthgamage claimed that 17 Opposition MPs were currently in talks to vote for the Amendment. “We will take 20 MPs from the Opposition to support the 20th Amendment. We will pass the Bill with 170 votes,” he told Parliament.

The protest by Opposition members

The 20th Amendment continued to figure prominently even in subsequent debates in the House. The adjournment debate on the performance report of the Election Commission (EC) on Wednesday (23) saw Government MPs take aim at the conduct of the commission and its members, making the case for both the President to appoint members of the independent commissions and to increase the number of EC members.

Opening the debate, SLPP National List MP Sagara Kariyawasam praised the EC for conducting a free and fair election in a peaceful atmosphere, and for ensuring that the poll did not result in the spread of COVID-19 in the country. Nevertheless, he noted that the gazetting of the candidates’ preference numbers had been delayed due to disagreements between Commission members. “While the commission has three members, its quorum has also been stipulated as three. As such, it is clear that increasing the number of members of the commission to five should be more productive and meaningful,” he remarked.

Leader of the House Dinesh Gunawardena meanwhile, claimed that certain actions of the EC had undermined public confidence in the commission. “Some EC members even filed petitions in the Supreme Court without the consent of other members. Such actions have subjected the commission to criticism by the public.”

The 20th Amendment will destroy the independence of the EC, warned SJB Matale district MP Rohini Kaviratne. “I am a mother who was a victim of election violence,” said, recalling an incident in March, 1992 when she was pregnant with her daughter. “Supporters of brothers Nandimithra and Sarath Ekanayake viciously assaulted me. I was not allowed to be admitted to a Government hospital. The police even refused to record my complaint. I had to admit myself to a private hospital to give birth. I had to have two surgeries on my spine. They are trying to go take the country back to that age by abolishing the 19th Amendment,” she alleged.

This week’s battles in Parliament over 20A marked the beginning of more battles to come over the Amendment that the Government hopes to pass in Parliament as a matter of priority before November’s budget.

Under the Constitution, interested parties are granted the right to invoke the jurisdiction of the Supreme Court to determine if any Bill or any of its provisions are inconsistent with the Constitution within seven days of its presentation in Parliament.

Over a dozen petitions had been filed in the Supreme Court challenging the Bill by the end of the week, including by the SJB and the Tamil National Alliance (TNA). Since the Bill has been challenged, the SC will have 21 days to deliver its determination from the date of the petitions. A five-judge bench of the Supreme Court will consider the petitions on September 29.

Parliament meanwhile, will next reconvene on October 6.