Curtains for changes to Amendment?

There are strong fears that just finalized changes to the 17th Amendment to overcome its grave shortcomings and especially to revive the now defunct Constitutional Council (CC) may not get the UNP support for it to be passed by the required 2/3rds majority in Parliament.

Informed political sources pointed out that the remaining two UNP members of the Parliamentary select committee which deliberated on the changes had been boycotting its sittings since the crossover of party rebels to the Government early this year.

Questioned in this regard UNP member of the committee and leading constitutional lawyer K.N. Choksy said yesterday the UNP members kept away from its sittings since the schism, as the party’s request to have those members who crossed over, namely Karu Jayasuriya and G.L Pieris replaced, was not granted. The fourth UNP member of the select committee is former Speaker Joseph Michael Perera.

The finalized report of the committee was circulated among members this week for their signatures and it is expected to be tabled in Parliament at its next session week after next. Mr. Choksy however said that after considering the report the matter would be placed before the next meeting of the UNP Working Committee scheduled to be held in the first week of September to decide whether to support the amendment or not.

Constitutional Affairs Minister D.E.W. Gunasekera, who chaired the select committee, told The Sunday Times that after the report is tabled in Parliament he would prepare a Cabinet paper on the proposed changes to get the Government’s approval and thereafter draft the necessary amendment to the 17th Amendment for Parliamentary approval.

The CC became defunct from the time of President Kumaratunga’s regime over the non-appointment of its last and tenth member due to a tussle between the TNA and the JVP, both claiming the right to nominate the minor party representative to it.

As a result crucial Commissions such as the Bribery and Corruption, and the Police too became defunct after their existing terms terminated, as it was the CC that had the sole authority to appoint these independent commissions under the 17th Amendment. As these Commissions were vital to the functioning of the state, President Rajapaksa on his own revived these commissions by appointing members to them on his own as a stop gap arrangement with the necessary approval from the Supreme Court.

Mr. Gunasekera said he hoped the UNP would support the Amendment as the party’s recommendations too had been included in the changes finalized and they are for the general good of everyone. But in the event the UNP does not support it to get the necessary 2/3rds majority required for it to become law, he said President Rajapaksa might only be too happy as then he can continue to appoint the vital commissions as he pleases. One of the major changes being proposed, according to Mr. Gunasekera is the removal of the discretionary power the President currently holds when making appointments to the independent commissions on the recommendation of the CC. Because of this arbitrary power President Kumaratunga refused to appoint retired Supreme Court Justice Ranjith Dheeraratna to the Elections Commission. The result has been to this day Elections Commissioner Dayananda Dissanayake is unable to retire, even though he is well past his retirement date and in very bad health.

Hence, Mr. Gunasekera said the relevant section will be amended to read the President ‘shall’ appoint members to the commissions within 14 days of their names being recommended to him by the CC.