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Presidential powers to be curbed under 21st Amendment
View(s):Under the 21st Amendment, Presidential powers will be stripped off significantly, he/she will be held accountable to the Parliament, and made to act based on the advice of the Prime Minister, according to the Private Member bill submitted by Samagi Jana Balawegaya (SJB) General Secretary Ranjith Madduma Bandara.
“The President shall always, except as otherwise provided by the Constitution, act on the advice of the Prime Minister.” According to the new Article included after Article 33 of the Constitution.
The Prime Minister will be the Head of the Cabinet of Ministers, while the President will appoint as Prime Minister, the Member of Parliament who commands the confidence of Parliament.
The office of President will also become vacant upon Parliament passing, by not less than one half of the whole number of Members of Parliament (including those not present), voting in its favour, a resolution of no-confidence against the President, which resolution may be introduced by a written notice addressed to the Speaker, signed by not less than one-third of the whole number of Members of Parliament,” according to the new Article 38.
The President is also barred from making new appointments of Chairman, or a member of any of the specified Commissions, except on a recommendation of the Council. All the Commissions, other than the Election Commission, will be responsible and answerable to Parliament.
When it comes to the appointment of Judges of the Supreme Court, and the President and Judges of the Court of Appeal, the Parliamentary Council is to obtain the views of the Chief Justice as well. The Council is also required to submit a report to the President every three months of its activities.
On the advice of the Prime Minister, the President can specify the number of Ministers of the Cabinet of Ministers, and the Ministries, and the assignment of subjects and functions to such Ministers.
Based on the advice of the Prime Minister, the President can change the assignment of subjects and functions of the Ministers of the Cabinet of Ministers. “Such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament.”
According to the new amendment, the total number in the Cabinet of Ministers and Deputy Ministers will be 25.
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