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Quotable quotes in favour of and against 20th Amendment
View(s):The debate on the 20th Amendment was held on October 21 and 22. Following are highlights of speeches by MPs from both sides:
Justice Minister Ali Sabry
The Government has gone even beyond the determination made by the Supreme Court in introducing further amendments to 20A. We have listened to the voices of the people and have amended some clauses which even the Supreme Court had said in its determination does not require the approval of the people at a Referendum.
The 19th Amendment was a hybrid Constitutional amendment that created two centres of power in the President and the PM. That’s what former President Maithripala Sirisena meant when he described the previous Government as a bus with two conductors. We are seeing what the result of this was through testimony given at the Commission probing the Easter Sunday terror attacks.
We are dedicated to bring in a new Constitution within a year’s time. Our attempt is to bring in a Constitution which will embrace diversity among our people, give the foremost place to Buddhism, respect each other’s religious beliefs and cultural values, and create a long lasting Constitution which is inclusive, forward looking and will serve as a catalyst for national unity, amity, progress and accelerate the economic growth of our country.
SJB National List MP
Imthiaz Bakeer Markar
I request all MPs to vote for this amendment according to their conscience. I appeal to party leaders to allow MPs of their parties to vote on the 20th Amendment according to their conscience. If this is done, I have no doubt that two-thirds of MPs in this House will vote against this amendment.
You know in your conscience that the country, your Prime Minister nor you will benefit from this amendment. I don’t agree with the politics of the PM, but it is a fact that his popularity helped you to gain power. Do not forget that. But, think how far the position of the Prime Minister has been ridiculed by the clauses in this amendment.
Think deeply on how you want to be remembered by history. Do not let your children and family members say that their father, brother, wife or husband contributed to destroying democracy in this country by voting for this amendment.
Remember to write down what I say now. Many of you who vote for 20A will be among those who get hit by it the most.
Prime Minister Mahinda Rajapaksa
“The 19th Amendment was brought to exact revenge on the entire Rajapaksa family. But what it did was to threaten the country’s security and its unitary status. It weakened the State. Even its architects say that 19A was a bomb and a mistake on their part.
The 19th Amendment limited the powers of the President, who was in charge of national security, but the results of this were witnessed in just three years. The then Director of the State Intelligence Service told the Commission probing the Easter attacks that nearly 10, 000 persons were aware of an impending attack, yet they still couldn’t stop it.
During the period of my Presidency, the intelligence agencies were extremely strong. After 19A however, agencies such as the Criminal Investigation Department (CID) were used to go after Opposition politicians. The training given to officers from such agencies was dismantled. The Police Commission did not intervene to improve these agencies. The end result was that the skill level of units such as the intelligence division of the CID deteriorated.
Opposition Leader Sajith Premadasa
“The 20th Amendment will centralise power in the hands of one individual, dealing a death blow to the country’s democracy. 20A also dismantles many of the checks and balances that were imposed on the President and the Government under 19A. The independent commissions have been violated. The powers of the Election Commission, whose actions had ensured that elections were conducted without any deaths, have been curtailed.
With the abolishing of the Constitutional Council, the President will also now have sole authority to make appointments to the judiciary and state institutions.
As Lord Acton stated, ‘Power tends to corrupt, and absolute power corrupts absolutely.’ What does the 20th Amendment do? It establishes a Constitutional Monarch.
National People’s Power (NPP) Leader Anura Kumara Dissanayake
The 19th Amendment was tested under the leadership of two persons who were selfish, vain and dishonest. It is unfair to attack 19A based on the failure in leadership of those two.
The Government has the Presidency, a two-thirds Parliamentary majority and the power of most local government institutions. The only power it lacks is the power centered around one person. There is also a need to centralise power around one single family. There is a need to centralise power among blood relatives.
Education Minister Prof. G.L. Peiris
The main issue with the 19th Amendment to the Constitution was that while it delegated responsibilities, it did not assign the necessary powers to ensure that those responsibilities could be fulfilled.
Under Articles 3 and 4 of the Constitution, a key responsibility of the President is to safeguard national security. Yet under 19A, though the President was elected by 6.9 million voters, he can’t be the Minister of Defence. In fact, he can’t hold any ministries. He is the Commander of the armed forces and police, but he can’t command them.
There is responsibility without the authority; that is the basic flaw in the structural framework of the 19th Amendment.
While there must be checks and balances on those in power, if these checks and balances go beyond a certain limit and become excessive, the end result is that nothing will get done. Those who hold positions of power would not be able to do anything. There will be a gridlock situation.
Sri Lanka Muslim Congress (SLMC) Leader Rauff Hakeem
What we witness today, is the slow, solemn, sleepwalk of a whole nation, an acquiescing procession, carrying the spiritless body of a defunct democracy to an early grave, pre-purchased by 69 lakhs of our people. It is true, Parliament has virtually become servile. After the 20th Amendment, our servility is there for everyone to see.
We saw the 19th Amendment as an interim measure, with our final objective being the fashioning of a new Constitution where we could finally resolve the conundrum of being kind of trapped in a kind of lost land between a Westminster style of parliamentarianism and Gaullist type presidentialism.
I saw the detrimental aspects of the 18th Amendment and I implore the House to learn from the ill effects of the 18th Amendment and also the flaws in the 19th Amendment. By all means, redress the flaws with the 19th Amendment, but do not throw the baby out with the bathwater.
Minister of Industries and National Freedom Front (NFF) Leader Wimal Weerawansa
The 19th Amendment was brought in because Ranil Wickremesinghe wanted to guard against any threat that could emanate from Maithripala Sirisena. We need not accept claims that it was brought in to advance democracy. However, they needed some decorations for it. That’s why they brought in some progressive clauses related to the establishment of the Audit Service Commission, preventing the presentation of urgent bills and restrictions on dual citizens.
Though the restriction on dual citizenship (under 19A) was brought in targeting one individual, we did not target anyone when we proposed that this clause be retained under 20A. We have now been assured that it won’t be included in the new Constitution expected next year.”
TNA Leader and Trincomalee District MP R. Sampanthan
The Ilankai Tamil Arasu Kachchi (ITAK) and TNA strongly opposes the proposed 20th Amendment. We state that sovereignty vested with the people is inalienable and that sovereignty can only be exercised by the people.
Sovereignty is defined to include powers of governance, legislative, executive and judicial, fundamental rights and the franchise. The 20th Amendment violates all these components of sovereignty vested with the people.
Tamil Makkal Thesiya Kootani (TMTK) Jaffna District MP C.V. Vigneswaran
For over 20 years we have been talking of bringing in a Constitution which would reconcile the ethnic differences among communities and lead the country forward. For over quarter of a century we have been promising to abolish the Executive Presidency. Nothing has been done so far in that regard. But this Government is making the April 21 Easter bombings as a convenient excuse for them to bring this 20th amendment. They are trying to make out it was the lowering of presidential powers by the 19th Amendment which gave rise to the April 21 tragedy. Hence they say the President must have unfettered powers. It certainly sounds humorous to say a criminal or thief could only be caught or arrested if the President is clothed with extraordinary powers.
Fisheries Minister and Eelam People’s Democratic Party (EPDP) Leader Douglas Devananda
The Government could not take the country forward under 19A. That is why we were able to win a new mandate from the people even before its time came to an end. The President spoke about issues in 19A even before he came to power. He pointed out it needed to be amended. We are making these changes in order to ensure that a conducive environment is created to work for the betterment of the people.
Environment Minister Mahinda Amaraweera
The Sri Lanka Freedom Party (SLFP) held several rounds of discussions on 20A. We presented our proposals with regard to the amendment to the PM and the President. Many of the amendments that we proposed have been introduced now and there is agreement regarding some others. We have no intention of obstructing the Government. As such, the SLFP parliamentary group will support 20A.
Our main intention is to draft a new Constitution. The President has assured this to the Cabinet and a committee has already been appointed in this regard. That committee will take into consideration views from various parties in this regard.
SJB Kalutara District MP Rajitha Senaratne
The freedom of citizens of a country depends on the level of its democracy. There are three pillars that hold up democracy; the executive, the legislature and the judiciary. You cannot expect this balance to remain when you shorten two of the pillars so as to make the other pillar taller.
I accept there are deficiencies in the 19A. When you campaigned for the election, you gave a pledge to voters to rectify these deficiencies and move forward, not to put the country in reverse gear.
Minister of Foreign Relations and Mahajana Eksath Peramuna (MEP) Leader Dinesh Gunawardena
It was the Constitutional Council under 19A that usurped Parliament’s powers. It was under the CC that a selected group of individuals who weren’t MPs elected by the people, sat and decided on appointments including the Chief Justice and the IGP. We raised questions about this situation on such occasions, and warned that this would create a dangerous situation for the entire country.
We have put a stop to this now. Under the Parliamentary Council established under 20A, there will no longer be any individuals who don’t belong to Parliament. They will no longer have any say in these affairs.
Minister of Water Supply and Democratic Left Front Leader Vasudewa Nanayakkara
This notion of ‘depoliticisation’ that they tried to bring in under 19A was simply an attempt to reduce the powers of the people and give them to unelected members of the aristocracy and civil society. They are not elected by the people and answer to no one, yet they are classed as people’s representatives. That’s what they tried to do with the Constitutional Council. Ranil Wickremesinghe tried to have them in the majority of the CC, but we insisted that MPs should form the majority.
The PM influenced all these independent commissions. I questioned about certain decisions taken by these so-called independent commissions, but the then Speaker told me I couldn’t question their conduct because they are independent commissions.
SJB Kalutara District MP Kumar Welgama
This is an extremely dangerous Amendment. Why can’t the Government bring in a new Constitution? It is not likely to fall soon. This Government still has a long way to go. Why can’t we do the right thing and bring in a new Constitution, instead of putting plasters repeatedly in the Constitution?
State Minister of Provincial Councils and Local Government Sarath Weerasekara
I am the only MP who voted against the 19th Amendment. As such, I will be the first to raise my hand to repeal it. The main reason why it should be abolished is that it reduced the power of the Executive President to such an extent that it merely became a ceremonial role. Though it has been nearly a year since President Gotabaya Rajapaksa became the President with 6.9 million votes, he has still been unable to appoint an IGP due to 19A.
Though the Constitution says the President is responsible for the country’s defence, he can’t even take over the Defence Ministry due to 19A. Though the Constitution says that sovereignty is in the people and is inalienable, the President, who is elected by the people, cannot hold even one ministry to govern the country. 19A is an insult to the people’s sovereignty and that is why it should be repealed.
SJB Colombo District MP Patali Champika Ranawaka
There are three main pillars of the modern nation state that came into being after the industrial revolution. There is the legislature, which makes the country’s laws. Then we have the Executive that implements executive decisions. Then there is the judiciary, which determines if these laws and decisions are in line with the Constitution. The balance of power between the executive, legislature and the judiciary is essential for the stability of a nation and for ensuring the democratic rights of its citizens are safeguarded.
It is deeply unfortunate that under the 20th Amendment, the President will be conferred even more powers than those given to him under the 1978 Constitution. They are talking about the mandate given to the President by 6.9 million voters. The 225 MPs here have the mandate of 17 million. Today, we are faced with the question of whether we throw away the mandate given by 17 million for one given by 6.9 million.
Tamil National Alliance (TNA) MP M.A. Sumanthiran
A sense of déjà vu comes over me as I make this speech. It was 10 years ago, on the 8th of September, 2010, when the 18th Amendment to the Constitution was moved in this House, I spoke at length and expressed my dismay. But in that same Parliament, in April 2015, the 19th Amendment was brought, and I remember saying that I did not expect the 18th Amendment will be dismantled by the very Parliament that enacted the 18th Amendment.
But now we seem to have come full circle, and are trying to remove the 19th Amendment effectively to go back to 18A. But thanks to the reforms that have taken root and the fact that the Supreme Court, in deliberating these matters, took a particular view that we are not actually going back to what the 18th Amendment was. Nevertheless, I’m constrained to register my opposition to the passage of this bill because it is in the wrong direction.
| Theatrics galore, but the climax scene ends in arithmetic puzzle There were plenty of theatrics from MPs during the two-day debate on the 20th Amendment to the Constitution.  SJB MP Harsha de Silva seen with the bullet wound sticker Parliamentarians from the Samagi Jana Balawegaya (SJB) were at the forefront of protests against the 20A. They arrived in a vehicle procession on the first day of the debate on the amendment, with some decorating their vehicles with flags and posters condemning 20A. Several MPs even wore masks with “Vinashakari 20 Epa” (No to Destructive 20A). The most striking visual however, was the red armbands sported by SJB MPs with the same slogan against 20A. It may not have had the Swastika, but the fact that the armbands bore a striking resemblance to those worn in Nazi uniforms seemed to have been lost on many MPs, who proudly showed them off to journalists and posted photographs of themselves with the armbands on social media. If the significance was lost to SJB MPs, it was not lost on those from the Government. As soon as SJB MPs entered the Chamber wearing the armbands, Sri Lanka Podujana Peramuna (SLPP) MPs Dilan Perera and Prasanna Ranatunge mocked the MPs, saying “You look like Hitler’s Nazi troops.” One thing about most SJB MPs is that they love a spectacle, or rather, making a spectacle of themselves. So it was that Kurunegala District MP Nalin Bandara who read out the oath of allegiance taken by US citizens and even unfurled an American flag in the Chamber to protest against the move to lift restrictions on dual citizens from being MPs. Mr Bandara then went even further. Stating that all Sri Lankans, irrespective of their race, were hard to tell apart, he wore a black mask to “show how all sorts of people” will be allowed to become MPs once 20A is passed. “We’ll have Chinese, Americans and those from so many other nations representing us in Parliament,” he claimed. At this point, Minister Rohitha Abeygunawardena rose to object. “There are things that an MP is allowed to carry into this Chamber and things he is not. We ask that the MP not turn this debate into a farce and we ask you to give an order against this,” he told Deputy Speaker Ranjith Siyambalapitiya, who was in the Chair. “Honourable Deputy Speaker, this is my mask. It’s a special kind of mask,” Mr Bandara quipped, quickly putting his face masks to the black masks he had worn. Facemasks would figure again during the debate when SJB National List MP Mayantha Dissanayake was presiding in the Chair. SLPP National List MP Dr Suren Raghavan took exception to Mr Dissanayake presiding in the Chair while wearing a face mask with the “No to 20A” slogan printed on it. Raising a point of order, Dr Raghavan pointed out that it raises questions of neutrality of the Chair. “If you need, I think they can provide you with a neutral mask, the SLPP MP Said. “My apologies, I’ll turn the mask around,” an embarrassed Mr Dissanayake said. When it came to voting on the amendment, SJB MPs showed up with large stickers pasted on their chests which showed blood gushing out of a large bullet wound. At this point, it had become clear that some SJB MPs were going to vote with the Government. As soon as SLMC Batticaloa District MP Naseer Ahamed made his intentions to do so clear, some SJB MPs went and offered him the “No to 20A” armband to wear. Mr Ahamed refused. A video of SJB MP Thushara Indunil offering the SLMC MP a Rs 20 note, implying that his vote for 20A had been “bought” later went viral on social media. The vote itself was extremely chaotic. It has been some years now since an electronic voting system was introduced to Parliament, yet the process continues to be plagued by difficulties. The voting consoles on the desks of some MPs never seem to work, while some of the older MPs could never seem to get the hang of it. This meant that the Speaker had to then call out the names of MPs who hadn’t been able to vote by name, asking how they are voting. Amid all the noise, the voice of the MPs did not carry through even with the mike, resulting in the Speaker having to question the MP several times. In a final icing on the cake, Speaker Mahinda Yapa Abeywardena botched the numbers of the result on the vote on the Second Reading. He announced that 156 MPs had voted for the amendment while 65 had voted against it, but said only 213 votes had been cast, leaving everyone scratching their heads.
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