Colombo: A section of Sri Lanka’s politically influential Buddhist clergy came out strongly against the government’s proposed 20th Amendment to the Constitution that aims to bolster the powers of the President. The government on September 2 gazetted 20A, the new proposed legislation that would replace the 19th Amendment introduced in 2015 that curtailed the powers of the president and strengthened the role of Parliament.
The Amarapura and Ramanna sects of monks, in a joint statement, said that the proposed 20A would destroy the independence of the judiciary, the public service, the system of elections while undermining the independence of Parliament and members of Parliament individually.
The joint sects assert that what is needed now is not 20A to reverse the 2015 adopted 19A, but action to formulate a new Constitution by fixing any weaknesses in 19A. The two sects, however, have less influence than the main sects based in the central town of Kandy. The statement came after a leaked document over the weekend on the Supreme Court's determination on the constitutionality of 20A.
Media reports said that the highest court had ruled that four of the 20A's clauses need to be approved at a referendum by people in addition to the two thirds parliamentary majority. The clauses, which restores presidential immunity and the presidential power to dissolve Parliament after a year even though the parliamentary term is five years are the ones which needed a referendum, the reports said.
The official document on the apex court's determination is to be only made public on October 20 by parliamentary speaker. A five-member bench of the Supreme Court had heard some 39 petitions filed by the main Opposition and a host of others. All petitions took the common ground that the 20A, if enacted by repealing the 19A, would impinge on the fundamental rights of the citizens. The 20A ignited some protests from within the ranks of the ruling SLPP.
Bishops oppose amendment
Catholic leaders also urged the government not to proceed with the constitutional amendment, saying it would undermine democracy. The Catholic Bishops' Conference of Sri Lanka said the government should concentrate instead on drafting a new constitution that will strengthen democracy, equality and the rule of law. “We need to emphasize that concentration of power in an individual without checks and balances does not augur well for a democratic socialist republic,” the bishops said in a statement.
If passed, the amendment would bring Parliament under the control of President Gotabaya Rajapaksa, who would have the power to dissolve the legislature, appoint top judges and have immunity against any prosecution. It would also allow the president to head any number of ministries, appoint and fire ministers, and select the police chief and members of the elections, public service, bribery and human rights commissions.
