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NJC raises alarm over BASL, SJB constitutional reforms
View(s):The National Joint Committee has reacted to the proposed constitutional amendments put forward by the Bar Association of Sri Lanka, the Samagi Jana Balawegaya and the group of 11 political parties.
Lt Col. Anil Amarasekera (Rtd.) and Mr. K. M. B. Kotakadeniya. Senior DIG.(Rtd.), Co-Presidents National Joint Committee, in a statement noted that the SJB has proposed an amendment to the Constitution to abolish the Executive Presidential system without changing the current electoral system or repealing the 13th Amendment. The Bar Association proposal to abolish the Executive Presidential System is on similar lines.
The NJC has proposed that the country needs to revert to the “First Past the Post System” that existed prior to the promulgation of the present Constitution so that independent candidates not representing any political party could contest.
“At least 2/3rd of the Members of Parliament should be elected to represent electorates if we are to change the colour and culture of the legislature and ensure a cleaner Parliament,” the statement said.
It said the SJB and the BASL had proposed the abolition of the Executive Presidency, introducing a clause to the effect that the President should “always act on the advice of the Prime Minister” (not the Cabinet).
“The abolition of the Executive Presidency, in effect, is synonymous to concentrating all executive and legislative power in one power centre, namely the Parliament, which the NJC considers as inappropriate,” the NJC added.
“It may be pertinent to underline that the Provincial Council System has given Provincial Councils powers with regard to 73 different subjects and functions of Government including Police and Land powers. If any of these provincial administrators act in a manner detrimental to national interest, it could not be possible to rectify any mischief with no Executive President and a hung Parliament manipulated by extremists. Therefore, we are strongly of the view that the executive presidency should be retained.
The statement said that the SJB through its proposed Constitutional Amendment has proposed the reintroduction of the provisions in the 19th amendment. “We have not forgotten the mess it created. The National Procurement Commission created by the 19th Amendment had no teeth or power to stop a corrupt deal. Corrupt deals continued under the 19th Amendment.”
The NJC said the presidential system of government should not be changed. Any constitutional reform to abolish it should be adopted only if the 13th Amendment was abolished and the “First Past the Post System” introduced to enable a Member of Parliament to represent an electorate.
“Police and land powers should be removed from the Provincial Council List, Provincial Statutes should be subject to laws enacted by Parliament. Parliament should be able to repeal Provincial Statutes if they so wish and alienation of State land to foreigners, foreign states and foreign companies should be prohibited.”
The NJC has called on the proponents of the Constitutional Amendments to reconsider their proposals.
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