Sri Lanka’s Constitution – Strides in the Right Direction

Sri Lanka’s Constitution – Strides in the Right Direction

[op-ed snap] From uncertainty to crisis: On Sri Lanka Electionsop-ed snap


Mains Paper 2: IR | India & its neighborhood- relations

From UPSC perspective, the following things are important:

Prelims level: Not much

Mains level: Constitutional crisis in Sri Lanka & how it could affect India


New government in Sri Lanka

  1. Sri Lanka’s fragile process of democratic recovery is in peril
  2. Sri Lanka’s President Maithripala Sirisena sacked Prime Minister Ranil Wickremesinghe and appointed Mahinda Rajapaksa, his political rival, as the new Prime Minister
  3. This was done by the President in order to resolve a deepening political dispute between himself and Mr. Wickremesinghe

Impact of this move

  1. This act has only pushed Sri Lanka into an unprecedented constitutional crisis, beginning a potentially dangerous phase of an on-going three-cornered power struggle among three leaders
  2. At the centre of the crisis is the lack of clarity as the new Prime Minister seems to have been appointed without a constitutionally valid vacancy for the position
  3. The sudden developments in Sri Lanka have thrown into uncertainty the few steps that the country finally took this year to address post-war issues of transitional justice and rehabilitation, which it had committed to at the UN Human Rights Council in 2015

Constitutional provisions

  1. The constitutional provision that Mr. Sirisena has cited in the official letter to Mr. Wickremesinghe does not grant the President authority to remove a Prime Minister from office
  2. Section 42(4) of the Constitution merely enables the President to appoint a PM
  3. The President has taken the position that since he is the appointing authority, he also has the implicit power to sack the PM
  4. Mr. Wickremesinghe has dismissed the constitutional validity of the presidential action and has argued that he still commands a majority in Parliament
  5. His line of argument is that only Parliament has the constitutionally sanctioned authority to decide whether he could continue in office as PM or not
  6. It also suggests that as long as there is no no-confidence motion passed in Parliament against him and the cabinet, his position as PM cannot be invalidated by the President at his will

19th Constitutional Amendment 

  1. The argument seems to have derived its salience in the context of the 19th Amendment to Sri Lanka’s Constitution, passed in 2015
  2. The 19th Amendment has restored the Westminster framework of the relationship between the head of state, the PM, and Parliament
  3. It curtailed powers of the President under the 1978 Constitution (the original) as well as the 18th Amendment passed in 2010
  4. Among the presidential powers taken away by the 19th Amendment, which is valid, is the one pertaining to the President’s powers over the PM
  5. The 19th Amendment, which created a dual executive, made the PM’s position secure from the arbitrary actions of the President
  6. Thus, the office of the PM falls vacant only under limited circumstances. Death, voluntary resignation, loss of support in Parliament, rejection by Parliament of the budget, and ceasing to be an MP are these circumstances
  7. Sacking by the President is certainly not in this list

Future of democracy uncertain

  1. What is in doubt is the constitutionality of a series of actions by Mr Sirisena
  2. And if they are valid at all, they set a bad precedent for future constitutional governance in Sri Lanka
  3. Contrary to the letter and spirit of the 19th Amendment, no PM will be secure in his/her position against arbitrary dismissal by the President
  4. These circumstances also warrant judicial intervention to resolve the constitutional doubt

Way forward

  1. The Sri Lankan presidency remains the country’s most powerful office despite the restrictions introduced by the 19th amendment of 2015
  2. Delhi, which had been openly relieved at Sirisena’s election, should be prepared to deal once again with a politician who describes India as an “elder brother” but appears to derive great pleasure from provoking India-China rivalry

With inputs from editorial: Storm in Colombo

Sri Lanka’s Constitution – Strides in the Right Direction

Constitutional issues in Sri Lanka- IISC Judgements

  1. Religion: Despite the existing constitutional position of providing Buddhism the foremost place, the Supreme Court has called Sri Lanka a secular State
  2. Suggestion: All religions be given equal status while protecting and fostering Buddhism
  3. Most controversial: The merger of the Northern and Eastern provinces
  4. One of its suggestions allows the current structure of nine provinces with constitutional provisions for power- sharing
Sri Lanka’s Constitution – Strides in the Right Direction

Constitutional issues in Sri Lanka- I

  1. The official committee on constitutional reforms in Sri Lanka has not been able to arrive at a consensus while making recommendations on several contentious areas
  2. These include the nature of state, national flag, religion, merger of provinces and land powers
  3. In many ways, views of the committee present a microcosm of diversities of views and positions in society
  4. Flag: The committee favours retaining the present national flag or designing one without any reference to ethnicity, while representing Sri Lankan collective life
  5. Or framing a new flag symbolising the equality of all ethnic groups
  6. Nature of the state: The panel has suggested three formulations, one has no reference to unitary or federal
  7. Another proposal uses the term unitary & talks of multi-tier governance systems
Sri Lanka’s Constitution – Strides in the Right Direction

Sri Lanka panel proposes Bill of Rights

  1. The official committee on constitutional reforms in Sri Lanka has come up with an exhaustive Bill of Rights
  2. It also has provisions for curtailment of powers of the office of Governor, a subject that has been of great interest to the Northern and Eastern Provinces
  3. If the Bill of Rights as proposed by panel is accepted by the country, it would be among the the most modern documents on rights in the world
  4. It covers 32 types of rights, ranging from right to life (not included in the 1978 Constitution) to freedom of religion to rights of people with diverse sexual and gender identities
Sri Lanka’s Constitution – Strides in the Right Direction

Wigneswaran seeks India’s help on new Constitution

  1. Context: Sri Lanka is in process of drafting a new Constitution
  2. Background: The 13th Amendment was an outcome of the 1987 India-Sri Lanka accord
  3. News: CM of Sri Lanka’s Northern Province called upon India to ensure that the spirit behind the 13th Constitutional Amendment be retained in the new Constitution of Sri Lanka
  4. India could function as the guarantor of Sri Lankan Tamil interests through the 13th Amendment
  5. Challenge: There had been a perception among sections of Sinhalese that federalism meant separation
Sri Lanka’s Constitution – Strides in the Right Direction

Tamil areas in Sri Lanka are the pockets of poverty

  1. Context: World Bank study on poverty in Sri Lanka
  2. News: The regions with the highest rate of poverty in Sri Lanka are areas inhabited by Tamils
  3. Reasons: Lack of access to the labour market and high unemployment rates, particularly among the youth and among educated women
  4. Future: Implementation of programmes aimed at improving market accessibility, promote entrepreneurship among educated youth and schemes to help ex-combatants and women-headed households
Sri Lanka’s Constitution – Strides in the Right Direction

Sri Lanka divided over India’s possible role in political reform

  1. Context: External Affairs Minister Sushma Swaraj’s recent visit to Sri Lanka
  2. Background: India and Sri Lanka signed the 1987 Accord, whose outcome was the 13th Amendment
  3. Issue: Whether and to what extent India should be involved in the Sri Lanka’s ongoing constitutional reform process
  4. What is India’s stand? – India is pressing that it should be implemented fully.
  5. What’s in the Amendment? – It paves the way for the establishment of Provincial Councils all over the country
Sri Lanka’s Constitution – Strides in the Right Direction

Colombo yet to end impunity enjoyed by security forces: HRW

  1. The Human Rights Watch’s annual report shows that the present Sri Lankan govt took no significant measures to end impunity for security force abuse.
  2. Earlier, the present govt. initiated a new, more open dialogue with the international community in 2015.
  3. The govt. had also not yet repealed the draconian Prevention of Terrorism Act.
  4. Although the pervasive culture of fear is largely gone and positive measures have been adopted.
  5. But, the previous government’s disastrous restructuring of independent state institutions needs to be fully dismantled.
Sri Lanka’s Constitution – Strides in the Right Direction

13th Amendment to be basis of constitutional reforms: Chandrika

  1. The 13th Constitutional Amendment would certainly form part of the basis of constitutional reforms to address the country’s ethnic question.
  2. The former President said any solution to be worked out should be acceptable to all communities.
  3. It should embody fundamental freedom with respect to religion, worship, speech and thought and ensure equal opportunities.
  4. She stressed that alongside accountability, reconciliation programmes are extremely important.
Sri Lanka’s Constitution – Strides in the Right Direction

Sri Lanka may have new Constitution by mid-2016

  1. The 1978 Constitution of Sri Lanka may well become a thing of the past by the middle of next year if the present plan fructifies.
  2. Govt. has proposed to convert the existing 225-member-strong Parliament into Constitutional Assembly.
  3. The 1972 Constitution was billed as the country’s first republican Constitution.
  4. However, the 1978 Constitution, ushered in the system of executive presidency.
Sri Lanka’s Constitution – Strides in the Right Direction

Sri Lanka adopts 19th Amendment

  1. The legislation envisages the dilution of many powers of Executive Presidency, which had been in force since 1978.
  2. The 225-strong Parliament cleared the Bill with 212 members voting in favour of the legislation. 10 were absent – 1 voted against – 1 abstained.

  3. Among the important features of the Bill:
    • The reduction in the terms of President & Parliament from 6 years to 5 years
    • Re-introduction of a 2-term limit that a person can have as President
    • The power of President to dissolve Parliament only after 4 1/2 years [unlike one year, as prevalent now]
    • The revival of Constitutional Council & the establishment of independent commissions.

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