What was the 19th Amendment?

The enactment of the historic 19th Amendment in April 2015 was rushed by the then Prime Minister Ranil Wickremesinghe. It had removed the powers of the President to sack the Prime Minister at his discretion.

By amending the Articles 46 (2) and 48 of the Sri Lankan constitution, the cabinet ministers could have been dismissed only if the Prime Minister ceased to hold office by death, resignation or otherwise, or only if the Parliament reject a statement of government policy or the budget or if the parliament passes a vote of no confidence against the Government. The amendment also restricted the President’s powers to dismiss Cabinet ministers as he was required to act on the advice of the Prime Minister.

A major criticism against the amendment, however, was that it was rushed by the then PM Wickremesinghe for his selfish needs, and without following the due process. Usually, when a Bill is tabled in parliament, it is considered the 1st reading, and the 2nd reading is the stage to discuss the amendments in detail, while 3rd reading is the comprehensive debate on the amended bill including proposals moved in. But Wickremesinghe kept pushing amendments during the 3rd reading also, many in English, forcing several people including Tamils to demand translations.

President Maithripala Sirisena was promised certain executive powers in the first term and the second term, which was expectedly a ceremonial position at the Presidency, like in India.

What was the 20th Amendment?

The 20th Amendment to the Constitution passed in October 2020 was also controversial. The 20th amendment (20A), which replaced the 19th Amendment (19A), had again enhanced the executive powers of the President in an unprecedented way besides abolishing the independent constitutional council for a Parliamentary Council.

It had passed a controversial clause that gave electoral rights to dual citizens.

Passed with a two-thirds majority, the criticisms on 20A were more severe as it was observed as one that could derail the balance between the legislature, executive and judiciary by centralising maximum powers into the hands of one individual. Many conservative and radical Buddhist groups representing the majority Sinhala Buddhists also had reasons to oppose 20A on various grounds, including the clause allowing dual citizens to become members of parliament.

Among the many criticisms, the Colombo-based Centre for Policy Alternatives (CPA) said the 20th amendment had removed the checks and balances on the executive presidency.

“In particular, it abolishes the binding limitations on presidential powers in relation to key appointments to independent institutions through the pluralistic and deliberative process of the Constitutional Council. It is a regression to what was in place under the Eighteenth Amendment, effectively providing sweeping powers to the President to appoint individuals to key institutions, and with it, politicising institutions that are meant to function independently of the political executive and for the benefit of citizens.” The CPA also said, “The opportunity for citizens to challenge the executive actions of the President through fundamental rights applications has been removed, suggesting that the President is above the law.”

Members and supporters of Sri Lanka’s opposition the National People’s Power Party march towards Colombo from Beruwala, during a protest against Sri Lankan President Gotabaya Rajapaksa, amid the country’s economic crisis. (Reuters)

21st Amendment to douse the fire

The proposed amendment to douse the fire may be one to remove several key powers of the President, essentially reducing the Presidency to a ceremonial position, like in India. It is expected that the amendment might be retaining the powers of the President on all three armed forces while handing over almost all other key powers including governance, and cabinet ministers to the Prime Minister

At a time when Galle Face in Colombo is witnessing a huge gathering of protestors seeking the President’s resignation, the Rajapaksa regime hopes to manage the situation with the proposed amendment that reduces the executive powers of the President.

“There are two emerging challenges from Galle Face protests. The government cannot crackdown it as they are well disciplined and peacefully protesting. At the same time, it is inspiring and giving a morale boost to many sections outside Colombo to replicate a similar model. However, the protestors, mostly youth, do not have a programme either to gracefully back down or to force the government for a change,” said Kusal Perera, a political analyst based in Colombo.

However, the political stand was taken by the opposition leader Sajith Premadasa also helps the ruling regime as his position, so far, has been ambiguous; while promising a no-confidence motion against the government, he has taken a stand that his group will not be part of the interim government even as he continues to demand the resignation of the President and the Prime Minister.

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