(Adopted from Lanka E News)
The following are the main proposals for constitutional reform under discussion.
President
The President will be the Head of State, the Head of the Executive and
the Commander in Chief of the armed forces. The President shall always,
except in the case of the appointment of the Prime Minister or as
otherwise required by the Constitution, act on the advice of the Prime
Minister or of such other Minister as has been authorized by the Prime
Minister. The President may require the Prime Minister and such Minister
to reconsider advice given to him and may require Parliament to
reconsider a Bill presented to him for assent. He shall act on advice
given after reconsideration and shall give assent to a Bill passed after
reconsideration.
In addition to the powers and duties presently exercised under
Article 33, the President shall promote national reconciliation and
integration, ensure and facilitate the preservation of religious and
ethnic harmony and ensure and facilitate the proper functioning of the
Constitutional Council and the independent Commissions.
Presidential immunity does not extend to acts or omissions of the
President in his official capacity. The Speaker/Chair of the Council of
State shall act for the President.
The term of office of the President shall be 5 years. Mode of
election of the President will not be changed. This will be a matter for
the next Parliament. The President may be removed by passing a
no-confidence motion with a 2/3 majority. Present impeachment provisions
will be deleted.
Prime Minister and Cabinet of Ministers
The Prime Minister will be the Head of the Government. The President
shall appoint as Prime Minister the Member of Parliament, who, in his
opinion, is most likely to command the confidence of Parliament. The
President may also appoint a Deputy Prime Minister on the advice of the
Prime Minister.
The number of Ministers shall not exceed 30. The total number of
Ministers of State and Deputy Ministers shall not exceed 40. Where the
parties with the highest and second highest number of seats agree to
take part in a Government of National Unity, Parliament may be
resolution increase the above mentioned numbers to not more than 45 and
55 respectively for the duration of the Government of National Unity.
This will be applicable to the next Parliament only.
Special provisions relating to the present President
During the term of office of the present President, the subjects of
defence, Mahaweli development and environment shall be assigned to him.
(Provisions similar to present Article 44 (2)). In arriving at any
decision or policy pertaining to the subjects and functions assigned to
himself, the President may summon meetings of the Cabinet of Ministers
and preside at such meetings.
Parliament
The term of Parliament shall be 05 years. Parliament may be dissolved
during the first 4 years and 6 months only upon a resolution to that
effect being passed by a 2/3 majority.
Constitutional Council and Independent Commissions
Provisions relating to the Constitutional Council (CC) and independent
institutions, repealed by the 18th Amendment, will be reinstated subject
to certain changes. The composition of the CC is unchanged except that
the 05 persons to be nominated by the PM and Leader of Opposition after
consulting leaders of political parties and independent groups shall
reflect the pluralist character of Sri Lanka, including professional and
social diversity, and that the professional expertise of the nominees
will be taken into consideration. Changes will be made to overcome
difficulties experienced in the past - members deemed to be appointed if
President does not appoint following nominations, quorum, CC may
function despite vacancies etc.
The Audit Service Commission and the National Procurement Commission
are added to the list of independent institutions. The CC shall obtain
the views of the Chief Justice, the Minister of Justice, the
Attorney-General and the President of the Bar Association of Sri Lanka
when considering appointments to the Supreme Court and Court of Appeal.
National Police Commission: IGP shall be entitled to be present at
and participate in meetings except at any meeting where any matter
pertaining to him is discussed. Where the Commission has delegated its
powers to any Police Officer, the IGP may appeal to the Commission
against any order made by such Police officer in the exercise of such
delegated powers.
Council of State
The functions of the Council shall be to make recommendations to the
President and the Cabinet of Ministers on the implementation of matters
contained in the Statement of Government Policy, the adherence to the
principles of good governance by all organs of government, Bills
immediately upon their publication in the Gazette, proposals for
legislation as may be referred by the Cabinet of Ministers and matters
of public importance referred to it by the President.
Composition: 35 members appointed jointly by the Prime Minister and
the Leader of the Opposition with the approval of the Constitutional
Council and Chief Ministers. 20 seats shall be apportioned amongst the
recognized political parties and independent groups represented in
Parliament, in proportion to their representation in Parliament. A
political party or independent group not being represented shall be
entitled 01 seat. The leaders of the recognized political parties or
independent groups to which seats are so apportioned shall be entitled
to appoint members to fill such seats. All appointees shall be persons
of integrity who have achieved distinction in their respective
professions or vocations.
Chairman and Vice Chairman shall be appointed by the President.
Parliamentary Committees
There shall be a Consultative Committee for every Ministry. The meetings
of the following Committees shall be open to the public: Select
Committees, Consultative Committees, Public Accounts Committee,
Committee on Public Enterprises and Committee on Public Petitions. The
Chairperson of the Public Accounts Committee and of the Committee on
Public Enterprises shall be an MP nominated by the Leader of the
Opposition.
Bills
Bills shall be published in the Gazette 14 days before the first
reading. Bills will be certified by the President. There will be no
urgent Bills.
Auditor General and Audit Service Commission
The Audit Service Commission shall consist of the Auditor General, two
senior retired audit officers who were served in the post of Deputy
Auditor General or above and two retired officers who have distinguished
themselves in the fields of auditing, accountancy, law, economics or
public administration and who have had over fifteen years experience in a
senior executive post in the public service, appointed by the
President, on the recommendations of the Constitutional Council.
The functions of the Commission shall be to:
approve rules pertaining to schemes of recruitment, or of the
appointment, remuneration payable, transfer, dismissal or disciplinary
control of the members belonging to the Sri Lanka State Audit Service;
prepare annual estimates of the National Audit Office and submit to the Speaker to be reviewed by Parliament; and
discharge such other duties and functions as may be provided for by law.
The Auditor General shall audit all Ministries and Government
Department; Offices, institutions and Commissions receiving
appropriations made by Parliament; Provincial Councils, Local
Authorities and Public Corporations; business or other undertakings
vested in the Government by or under any written law; any body or
authority established by or under any written law with public resources
provided wholly or partly and whether directly or indirectly, by the
Government; companies in which any such body or authority is holding
not less than forty per centum of the shares of share capital; and
companies in which any such body or authority is holding not less than
forty per centum of the share capital.
“Audit” includes technical audits, environmental and value for money audits.
National Procurement Commission
The Commission shall consist of five members appointed by the President
on the recommendation of the Constitutional Council, of whom at least
three members shall be persons who have had proven experience in
procurement, accountancy, law or public administration.
It shall be the function of the Commission to formulate fair,
equitable, transparent, competitive and cost effective procedures and
guidelines for the procurement of goods and services by all government
institutions. The Commission shall also- (a) report on whether all
procurement of goods and services by government institutions are based
on procurement plans prepared in accordance with previously approved
action plans; (b) report on whether all qualified bidders for the
provision of goods and services to government institutions are afforded
an equal opportunity to participate in the bidding process for the
provision of those goods and services; (c) ensure that the procedures
for the selection of contractors, and the awarding of contracts, for
the provision of goods and services to government institutions are fair
and transparent; (d) report on whether members of procurement Committees
and Technical Evaluation Committees relating to high value procurements
by government institutions are suitably qualified; and (e) investigate
reports of procurements made by government institutions outside
established procedures, and to report the officers responsible for such
procurements to the relevant authorities for necessary action.
Right to Information
The right to information will be included as a fundamental right. This
right will be subject to such restrictions prescribed by law as are
necessary in a democratic society in the interests of national security,
territorial integrity or public safety, for the prevention of disorder
or crime, for the protection of health or morals, for the protection of
the reputation or the rights of others, privacy, for preventing the
disclosure of information received in confidence, or for maintaining the
authority and impartiality of the judiciary. Parliament shall, by law,
make provision to give effect to this right.
Date/s of operation
Provisions relating to the President and Cabinet of Ministers will come
into force on April 22, 2015. All other provisions come into force on
the date on which the 19th Amendment becomes law.
Transitional provisions: The members of the Public Service
Commission, National Police Commission, Human Rights Commission,
Commission to Investigate Allegations of Bribery or Corruption and
Finance Commission, shall cease to hold office on the date on which the
19th Amendment becomes law.
Special provisions relating to the period 22 April 2015 to the conclusion of the next General Election
The President shall preside over meetings of the Cabinet of
Ministers. The President may, with the concurrence of the Prime
Minister, assign to himself or herself any subject or function and may,
with like concurrence, determine the Ministries to be in his or her
charge. The President shall, on the advice of the Election Commission,
ensure the creation of proper conditions for the conduct of a free and
fair General Election of Members of Parliament.
