Proposals for the Expedited Amendment for the Constitution - Establishing a Stable Government

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 19^th 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 1^st 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.