Maithri to retain powers till end of term despite change in constitution

President Maithripala Sirisena will retain the powers of the Executive Presidency, as modified by the 19 th. Constitutional Amendment (19A) of April 2015, till the end of his five year term in 2020, even if a new constitution without an Executive Presidency were to come into existence at the end of 2016 as envisaged, according to the Government’s Constitutional Advisor, Dr. Jayampathy Wickramaratne.

“There is consensus over this,” Wickramaratne told Express here on Thursday.

There is a plan to replace the Executive Presidential system by a Westminster-style parliamentary constitution by year end. The process of changing the constitution will be kicked off by President Sirisena himself in parliament on January 9.

According to Wickramaratne the consensus over the retention of the powers of the Executive Presidency (as amended in April 2015), till the end of Sirisena’s term, is based on an “appreciation” of the initiative taken by Sirisena to abolish the Executive Presidency.

He had fought the January 2015 Presidential election seeking a mandate to abolish the Executive Presidency and had inspired the 19 th. Amendment which curtailed its powers significantly. It is, therefore, only fair that Sirisena exercises the powers of the modified Executive Presidency till the end of his term, Wickramaratne said.

Under 19A, the term of the President has been brought down from six years to five. No person can be President for more than two terms. The President’s power to appoint high State and Constitutional functionaries has been circumscribed by the creation of the Constitutional Council and the various Independent Commissions.

But even under 19A, the President retains his hold over the Council of Ministers. He is the head of the cabinet and can take up any portfolio besides the mandatory Defense portfolio. He appoints ministers and distributes portfolios on the advice of the Prime Minister, but he need not go by the PM’s advice. The President continues to enjoy immunity from judicial proceedings for actions carried out in his official capacity.

However, the Joint Opposition Group, a rump aligned with former President Mahinda Rajapaksa, has declared that it will oppose Sirisena’s bid to retain the powers of the Executive Presidency, even in their amended form, after the new constitution is enacted. (The New Indian Express)