Front Page

Front Page

Moves to clip President’s powers
Govt. ready with new bill to wrest CBK's defence powers
By Iqbal Athas
The United National Front Government has once again armed itself with a new draft law - a Higher Defence Control Act - to secure control of the country's defence establishment from the President.

The proposed law seeks to establish a Defence Council chaired by the Minister of Defence to deal with matters relating to national defence. Other members of the Council are the Deputy Minister of Defence, Secretary to the Ministry of Defence, Chairman of the Joint Chiefs of Staff Committee, Service Chiefs and Heads of Intelligence Services.

UNF officials say the draft laws, to be introduced in Parliament soon, are designed to give "more powers to Parliament." In essence, they seek to take away some of the powers currently exercised by the President. Hence, the move, amidst rising security threats from Tiger guerrillas, is almost certain to become both a thorny issue over cohabitation and a more contentious issue over the Constitution.

According to the Constitution, the President is vested with the executive power of the people including defence of Sri Lanka. In other words, defence is being described as an aspect of executive power that cannot be exercised by Parliament. Hence, it is argued that matters relating to national defence, which the new law seeks to confer on a Defence Council, are in conflict with the Constitution. Similarly some of the other provisions are also said to be ultra vires.

Although the draft law says the President shall be the head of the National Security Council, it only comprises the Prime Minister, Minister of Defence, a Minister or more agreed by the President or Prime Minister and Deputy Minister of Defence. Unlike the existing National Security Council, it leaves out the Defence Secretary, Service Chiefs and Heads of Intelligence Services.

One of the tasks vested in the National Security Council by the new draft law is to "advise the Defence Council in respect of matters relating to national defence on its own initiative or on reference by the Defence Council."

Though it says that "the President shall, if present preside at every meeting of the Defence Council," the draft law does not make the President a member of this proposed powerful body. See Situation Report by Iqbal Athas on P. 11 for more details. The full text of the draft Higher Defence Control Act. The new Higher Defence Control Act

Back to Front Page