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The Twentieth Amendment to the Constitution of Sri Lanka: a Comparative Analysis

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The Twentieth Amendment to the Constitution of Sri Lanka: a Comparative Analysis International Journal of Research and Innovation in Social Science (IJRISS) |Volume V, Issue I, January 2021|ISSN 2454-6186 The Twentieth Amendment to the Constitution of Sri Lanka: A Comparative Analysis Prof. Thanabalasingam Krishnamohan Professor in Political Science, Department of Social Sciences, Eastern University, Sri Lanka, Chenkalady, Sri Lanka Abstract: The Twentieth Amendment to the constitution of Sri national debate. The Eighteenth Amendment of the Lanka seeks to centralize power, tries to limit the power of the constitution in 2010 and the Nineteenth Amendment of the parliament and the judiciary, and control the rule of law. constitution in 2015 are the most important amendments Particularly, this amendment has focused on the reintroduction which relate to the powers of the President in Sri Lanka. Thus, of the Parliamentary Council (PC). The PC members are also the the intrinsic purpose of the Twentieth Amendment is to members of parliament and a particular political party. The aim is to advise the president regarding the apex level appointments eliminate many of the amendments made to the constitution to the judiciary and key public institutions. Therefore, the by the Nineteenth Amendment in 2015 and to reintroduce or President has absorbed the power to appoint Supreme Court implement many aspects of the eighteenth amendment made Judges and High Court Judges at the discretion himself by the in 2010. The Twentieth Amendment to the constitution of Sri amendment. This opens up the possibility to impose a biased Lanka was passed by a two-third majority in the Parliament verdict and thereby injures the independence and autonomy of on the 22nd of October 2020. Thus, it is now considered as the the judiciary. Therefore, it can be said that Sri Lanka cannot constitutional law of the country. In this climate, the article expect the “rule of law” in the near future. It has been described analyzes the content of the Twentieth Amendment. This as incompatible with the principles of law and justice at the article attempts to make a comparative analysis of how the international level. According to the International Court of Justice and international standards norms of appointments to Twentieth Amendment differs from or is parallel to the the Judiciary, Judges' appointments should not be vested solely contents of the eighteenth and nineteenth amendments made with the executive power. Sri Lanka is battling with its largest earlier. Any addition, changes, and the amendments to the COVID-19 outbreak still today. At this time, Sri Lanka constitution in a democratic country, should be with the Podujana Peramuna (SLPP) government rushed through quickly consent of the public and given due consideration to amend the constitution. Ironically, the twentieth amendment systematically. The question is that do context for democracy has made the constitutional governance or rule of law of the life exist in Sri Lanka? At this point, an argument is arising country to move far away from constitutionalism. At the same whether the essential features of a democracy, such as time, people must appreciate the government for making some constitutionalism, rule of law, devolution of power, and alterations to the constitution such as amendments over presidential immunity and for increasing the period within accountability of the government, transparency, and respect which the president can dissolve Parliament. The amendment for pluralism or multiculturalism are preserved and promoted also entails new provisions on increasing the number of the through the constitutionalism in Sri Lanka. In this way, this Supreme Court judges from 11 to 17 and the High Court judges article analyzes the 18th,19th, and 20th Amendments of the from 12 to 20. constitution of Sri Lanka through the comparative approach. Keywords: - Rule of Law, Council, Commission, Amendment, This research uses inductive and qualitative methods for Power content analysis and uses secondary data sources, such as relevant research, journals, constitutional amendments of Sri I. INTRODUCTION Lanka, and documentary evidence through Internet archives. he Twentieth Amendment bill to the Constitution of Sri II. CONSTITUTIONALISM AND RULE OF LAW T Lanka was published in the Gazette of the Democratic Socialist Republic of Sri Lanka on the 2nd of September The constitution must have a political, legal, and social 2020. The draft of the twentieth amendment to the structure for governing the political community. Therefore, Constitution was tabled at the Parliament on the 22nd of constitutional provisions are a fundamental law in a September with the approval of the Cabinet. After the democratic country. approval, several committees were formed by various political If the constitutional law is weak, the quality of democracy and parties in Sri Lanka to study the proposed amendment to the rule of law within the country is affected. Based on the Constitution. At the same time, thirty-nine (39) petitions in separation of power, the structure of the nation-state must the Supreme Court were filed against the draft bill. The divide into executive, legislative, and judicial branches, and original constitution written in 1978, has been revised their powers must be separated. The separation of powers nineteen times in the last forty-two (42) years. It was observed does not mean these branches function alone, rather they work that issues related to the powers of the President in the interdependently, but sustain their independence (Vile.1967). amendments to the Constitution have been the subject of Jointly, these can be called “concept of constitutionalism”. www.rsisinternational.org Page 197 International Journal of Research and Innovation in Social Science (IJRISS) |Volume V, Issue I, January 2021|ISSN 2454-6186 Hence, constitutionalism has been indicating that government 1. Professor Ratnajeevan Hoole, Election Commission powers should be limited within its scope. A constitution is member legal and indicates the values of the community framework 2. Samagi Jana Balawegaya (SJB) which set the powers and its limitations. However, the 3. UNP General Secretary Akila Viraj Kariyawasam constitution represents the will of the people, and it should 4. UNP Deputy Leader Ruwan Wijewardene have arrived through the consensus of the people. 5. Mayantha Dissanayake, Samagi Jana Balawegaya Constitutionalism has a variety of meanings. (SJB) Constitutionalism is a complicated phenomenon of the ideas, 6. Youth Wing Chairman, Liyanaarachchi. P, Attorney- attitudes, and patterns of behaviour explained by the at-Law of Sri Lanka democratic principle. The authority of government derives 7. Janatha Peramuna from and is limited by the structure of fundamental law 8. Ranjith Keerthi Tennakoon, Transparency (Reynolds, Noel B., 1986). Political institutions should be International Sri Lanka (TISL), controlled by the constitutional guidelines. As a consequence, 9. Former Governor and Executive Director of the it should contain institutionalized mechanisms of power for Campaign for Free and Fair Elections (CAFFE) the protection of the interests, rights, the basic freedoms of the 10. Abdul Zanoon, Human rights activist and many individual, and maintenance of human dignity and personality, others put forward the case in Supreme Court. liberties of the citizen, and security of the minorities The Supreme Court of Sri Lanka tabled a verdict concerning (Bazezew Maru,2009). Constitutionalism identifies the need all petitions filed challenging the draft bill on October 05, for a government with powers but at the same time insists that 2020. After hearing the arguments for five days, the Supreme limitation should be placed on the powers. Therefore, it Court sent its secret verdict referring to the Speaker of should have some integral restrictions on the powers Parliament. The Supreme Court verdict was presented to the conferred on governmental organs. In this way, Parliament on 20th of October 2020. As per the verdict of the constitutionalism should have to consist of some of the Supreme Court, the draft bill is per Chapter XII, Article 82 (1) elements; such as a government based on the constitution, of the Constitution. It has to be approved with the number of separation of power, the sovereignty of the people, and good votes cast in favour thereof amounts to not less than two- governance, the opportunity of the constitutional review, an thirds of the whole number of Members including those do independent judiciary mechanism, limited government subject not present according to Article 82 (5) of the Constitution. to a bill of individual rights, making sure to control the police, Then, it should be certified by the President or the Speaker as civilian and the military, no state power, or very limited and per the provisions of Article 80 or 79. Articles 3, 5, 14, and 22 strictly limited state power, suspend the operation of some of the Bill are not per Article 3 of the Constitution which is to parts of, or the entire, constitution (Aoife O’Donoghue, 2013). be read with Article 4 of the Constitution (Colombo Society is governed by law, and this law applies equally to all Telegraph, October 10, 2020). Therefore, the Supreme Court citizens, including government and civil servants. Following stated that the draft bill must be approved by the People at a the basic tenets of constitutionalism, the general institutional public referendum as per article 83 of the constitution. rules used to maintain the rule of law include the separation of powers, judicial review, the prohibition of backward law, and The Twentieth Amendment to the Constitution was passed in habeas corpus. Thus, true constitutionalism provides a Parliament with a two-thirds majority on the 22nd of October minimum guarantee for the justice of both the content and the 2020. Out of 225 Member of Parliament, at the voting time, form of the law. Constitutionalism, on the other hand, is there were only 213 members present in the Parliament. Out protected by the rule of law. In addition to the rule of law, of 213 members, 156 members voted in favour of the effective laws and their enforcement will be needed to provide amendment while 65 members voted against the amendment.
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