Proposals for the Expedited Amendment for the Constitution - Establishing a Stable Government
The
proposed constitutional amendment shall aim at, completely depoliticization of
the governing system through establishing /revitalizing the following
commissions with wider powers, to deal with political interference from any
level of hierarchy – i.e., all these commission shall be of totally independent
of interferences and have powers to deal with those interfering and or hindering,
through judicial process,
1.
The Election
Commission, The Public Service Commission, The Audit Service Commission, The
Human Rights Commission of Sri Lanka, The Finance Commission, The Delimitation
Commission, The National Procurement Commission, The University Grants
Commission
2.
The Parliament shall assume the Executive power, and the
Executive Presidential system be abolished with immediate effect, whereas, the Prime
Minister, as the head of the Government and the Cabinet of Ministers is
accountable to Parliament.
3.
Parliament shall
establish the Constitutional Council and appoint the chairmen, secretaries and
the members in a prudent manner for the independent commissions above mentioned
in 1- other than Judicial Service Commission
4.
The Constitutional
Council members and its activities will be similar to that of found in 19th
Amendment of 2015, but except for
a. President will not appoint a member, instead
the parliament will appoint two members, as described below
b. Two persons nominated by agreement of
the majority of the Members of Parliament belonging to political parties or
independent groups, other than the respective political parties or independent
groups to which the Prime Minister and the Leader of the Opposition belong.
c. Five persons appointed by the Prime
Minister, the Leader of the Opposition, the speaker and the *National
Judicial Service Commission- described below (4) from State recognized
Professional bodies, who may or may not be a Parliament Member.
d. The Constitutional Council will not
appoint Attorney General, The National Police Commission (NPC), The
Commission to Investigate Allegations of Bribery or Corruption (CIABC)
5.
*Though The Judicial Service
Commission will continue as an independent professional body, shall be elevated
as The National Judicial Service Commission (NJSC) and be further strengthened and
established to bring the Attorney General’s (AG) Department, The National
Police Commission (NPC), The Commission to Investigate Allegations of Bribery
or Corruption (CIABC) and The Criminal Investigation Department (CID) under its
purview in order to be free of the menace meddling by drug king-pins, wealthy
criminals, selfish politicians etc. As such the respective chairpersons of The NPC
and The CIABC and the CID shall be appointed by The NJSC itself to begin with. Law
enforcement should be independently handled by Department of Police headed by Inspector
General Police who is answerable and responsible only to NPC, AG and hence to
The NJSC and to the entire Judiciary system. IGP shall be appointed by the NJSC
on the recommendation of the NPC within the purview of NJSC shall handle the all
the transfers required for the optimum effectiveness of the law enforcement by the
Police Department. As such Ministry of Law and Order shall be incorporated into
the Ministry of Justice.
The objectives of this proposal are to prevent governing system affiliating
to any political party either ruling or non-ruling or opposition, impartiality
of the law enforcement ensuring the Sovereignty of the People and continuity of
dispensing justice even on change of government - and to prevent judicial jurisdiction
being encroached by political greediness and political whims of revenge on each
other.
6.
An additional independent
Commission be established, by the Constitutional Council of Parliament for Poverty
Alleviation (NPAC) and its activities shall be decentralized provincially, The National
Poverty Alleviation Commission will monitor the progress of the poverty alleviation
in respect of number and progress of self-reliance, number of participants to
be reduced each year for each province. The NPAC also involve Non-Governmental Organizations
(NGOs) and monitor the activities of the NGOs in a wider spectrum.
7.
The Constitutional Council shall as well under take the,
I.
the
appointments of the Governor of the Central Bank of Sri Lanka and the Monetary
Board should also be done with the approval of the Constitutional Council;
II.
The appointments of the Secretaries to the
Ministries, Governors, Ambassadors and Heads of Missions to be done on the
advice of the Prime Minister in consultation with the Cabinet of Ministers;
III. III. Selecting the Presidential Candidate through Parliament, once the
amendment is enacted.
8.
The President shall be
only of ceremonial and decorative and shall be the Chief of Tri-Forces and be
elected by the Parliament, shall not hold any cabinet portfolios.
9.
Once the amendment is
enacted in Parliament, incumbent president, unless he resigns, shall continue until
the end of his first term, shall not affiliate himself to any political party.
10. President on completion of the 1st term of 5 years,
Parliament will hold the discretion to reelect the incumbent president, or to
elect a new president on the recommendations of the religious leaders of any sect
and societies of all religions and any other civic societies compulsorily not
affiliating to any political party. The Constitutional Council of Parliament will
scrutinize the recommendations forwarded by the civics through key performance Index
and political affiliation. Simple majority in the parliament enable the select
to the Highest Office, if two or more candidates selected by PCC as suitable,
11. Any candidate for presidential office selected by Parliament Constitutional
Council to be elected by the Parliament, found to be canvassing among the
Parliament members for disqualifies automatically to be in the contest or to hold
the Presidential office.
12. A non-Citizen or a Dual Citizen can neither hold nor be
appointed to any office within Sri Lanka, nor be allowed to represent Sri Lanka
outside Sri Lanka
13. Any elected body or any person shall not entertain a request for
Pardoning of convicts, pardoning shall only by process done by National
Judicial Service Commission, on the recommendation by Parliamentary Constitutional
Council.
14. Department of Prisons and
the Commissioner general of Prisons, as well shall come under the purview of
National Judicial Service Commission, in the context of there have been
numerous occasions Commissioner General of Prisons and the prisoners have been used
for Political vandalism at the disposal of politically starved politicians.
15. a. Rescind the Special Presidential
Commission of Inquiry appointed by Gazette (Extraordinary) No. 2212/53 of 29
January 2021 to implement the recommendations and decisions made by the
Presidential Commission of Inquiry appointed to Investigate Allegations of
Political Victimization during the Period Commencing 8 January 2015 and ending
16 November 2019 appointed by Gazette (Extraordinary) No. 2157/44 of 9 January
2020.
b. Refrain from implementing the recommendations of the
Presidential Commission of Inquiry appointed to Investigate Allegations of
Political Victimization during the Period Commencing 8 January 2015 and ending
16 November 2019 appointed by Gazette (Extraordinary) No. 2157/44 of 9 January
2020.
The
objectives of these above proposals for the expedited amendment for the constitution
is to create a Stable Government that reflects the ability to reform towards,
transparency, impartiality in law enforcement free of individual interferences and
discretions, as credibility to negotiate with the IMF, other multilateral
agencies, and friendly countries to help Sri Lanka get out of the economic
crisis, which is also help to achieve the following in the ground situation
1. To create political, economic
and social stability in the country.
2. To create an environment to
address the fundamental problems that have brought about the current crisis
(and imperil the future reforms).
3. To restructure external debt
and enter into appropriate programs with multi-lateral institutions including
the IMF and for that purpose to appoint the financial and legal advisers and
negotiate a debt standstill pending debt restructuring.
4. To obtain bridging finance.
The bridging finance together with the savings arising from the debt standstill
to be used to procure uninterrupted supply of essentials to the People until
such time the debt restructuring, and the IMF program is in place. This will
eliminate the shortages in power, fuel, gas, medicines, food, etc.
5. To create an environment to
combat corruption and to ensure accountability and strengthening independent institutions.
If these
reforms proposal found to be require a referendum, despite the present crisis
situation, there shall be a referendum at the earliest possible, that include
broader aspects of the constitution, in addition to above proposals, both of which
ensures sovereignty of the people entrusted to the people themselves directly in
democratic governance as well; rather than by the elected executive and
representatives both of which have changed course to autocratic rule after
being elected in 2019 and 2020 respectively. Such a referendum
shall include following reforms to the Parliament as well.
Additional
Reforms Regarding Parliamentarians
1.
The Parliament Members,
since they are elected by the people to represent the people and as the parliament
membership is not a profession, should not be entitled for any pension scheme,
irrespective of they represent the people for five or more than five years.
2.
The salaries of the MPs
shall be stipulated and recommended by a State Salary Commission according to
their educational qualification and their sitting to sittings contributions.
3. All
healthcare facilities currently provided to any politicians
should be abolished, except the health facilities that are relevant to the
general public.
4. The
free transport, salads, electricity, water and phone facilities they are
currently entitled to should be abolished.
5. Every parliamentarian who has been
charged with crimes, criminal charges, imprisoned or sentenced should be
removed from his position and banned from re-election forever. The inappropriate
financial accumulation they have attained should be charged from themselves,
their family members and from representatives.
6.
The MPs who have not
declared their assets, even after 3 months of swearing in as MP shall be disqualified
as Member of Parliament.
7.
Every
parliament member/minister should be subservient to the laws and rules
applicable to the common citizens of the country.
8.
Neither
a candidate nor a sitting MP who has not passed the G.C.E ordinary level should
be allowed to continue as a Member of Parliament.
9. Food
and all other relief privileges in the parliament should be abolished
10. Age
limit should be stipulated as below 65 years to enter Parliament in order to accommodate
young and fresher views in the August Sabah
11. No
parliamentarians who do not possess a minimum G.C.E A/L shall not be appointed
as Ministers; a MP who possess a certified expert knowledge in particular
field, shall be appointed to the relevant subject as a minister preferably.
Parliament
is an August Sabah, where service is an Honourable undertaking as a
representative of the people and it is not a privilege to earn or right to steal
people's money and property. People who elect the MPs deserved to be treated
respectfully, no matter most of the people may hold different opinions of the
MPs, since the younger generation and the people outside the Parliament are far
more knowledgeable than within the Parliament.