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22A: Composition of CC problematic; ensures government domination

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By Dr. Jayampathy Wickramaratne
President’s Counsel

The Wickremesinghe-Rajapaksa government’s new Twenty-Second Amendment to the Constitution Bill was presented to Parliament on 10 August 2022. The earlier Bill, which was published in the Gazette in June 2022, lapsed as it was not presented before the recent prorogation of Parliament.

The August Bill is an improvement on the June Bill from a Nineteenth Amendment perspective. Under 19A, Ministers and Deputy Ministers were appointed by the President on the advice of the Prime Minister. This was done away with by the Twentieth Amendment. The June Bill sought to bring back the requirement of the Prime Minister’s advice, but that provision would not apply during the present Parliament. The August Bill does not have such an exception.

According to the June Bill, where the President is of the opinion that the Prime Minister has lost the confidence of the present Parliament, the Prime Minister can be removed. Such a provision is not found in the August Bill.

Under 19A, the Speaker, Prime Minister and Leader of the Opposition were ex officio members of the Constitutional Council (CC), while the President would nominate one MP. Five persons were nominated jointly by the Prime Minister and the Leader of the Opposition, two of them being MPs. In making such nominations, they were required to consult the leaders of political parties and independent groups represented in Parliament to ensure that the CC reflects the pluralistic character of Sri Lankan society, including professional and social diversity. One MP was nominated by the MPs belonging to parties other than those to which the Prime Minister and the Leader of the Opposition belonged. The three persons from outside Parliament shall be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Parliament shall approve their nomination. In practice, such approval was a mere formality as they were nominated jointly and after a consultative process.

The August Bill, like the June Bill, proposes the re-establishment of the CC but makes a crucial change. The five persons referred to are not appointed pursuant to the joint nomination of the Prime Minister and the Leader of the Opposition. One MP is nominated by the Government Parliamentary Group, and the other MP is nominated by the party to which the Leader of the Opposition belongs. The three persons from outside are nominated not jointly by the Prime Minister and the Leader of the Opposition but by the Speaker in consultation with them. The smaller parties are not consulted.

This deviation from 19A gives rise to several issues. If the Speaker is partisan (and there have been several such Speakers), the Government could ensure that all three CC members from outside are their own nominees. The Government, by virtue of its majority, would have no difficulty getting Parliamentary approval. The smaller parties would have no say in the nomination of these three persons. Thus, in the current Parliament, parties such as the TNA, NPP, EPDP, TNPF etc., who together account for twenty-five MPs, would not be consulted.

The 22A Bill says that in nominating the two MPs and the three persons from outside Parliament, Members of Parliament shall ensure that the CC reflects the pluralist character of Sri Lankan society. This would be most difficult as they would be nominated by separate processes. Under 19A, on the other hand, that was ensured as the nomination was jointly by the Prime Minister and the Leader of the Opposition after consulting the leaders of all parties in Parliament.

The composition of the CC is of crucial importance for the achievement of a national consensus on high-level appointments. The approval of the CC is a pre-requisite for the appointment of judges of the Supreme Court and Court of Appeal and appointments to high positions such as the Attorney-General and the Inspector-General of Police. Appointments to independent Commissions are made on the recommendation of the CC. As the other seven members of the CC are all Members of Parliament and may be swayed by political considerations, the three members who are appointed from outside have a vital role to play. They should be persons acceptable to all and who can have a moderating influence on the politicians.

An argument that has been adduced by the Government is that the Prime Minister and the Leader of the Opposition may not agree on the to be nominated jointly. No such issue arose both under the Seventeenth and Nineteenth Amendments. Members of Parliament nominated jointly acted with responsibility. Distinguished personalities appointed by joint nomination included Justice Dr A.R.B. Amarasinghe, Professor Colvin Gunaratne, Dr Jayantha Dhanapala, A.T. Ariyaratne, Shibley Aziz, and Dr Radhika Coomaraswamy, Javid Yusuf and Professor N. Selvakkumaran.

That the Prime Minister and the Leader of the Opposition may not agree is no reason to give the power of appointment to the Speaker. The writer proposes that the 19A provisions be re-enacted with the addition that if the Prime Minister and the Leader of the Opposition do not agree on the nominees within a stipulated period, the Speaker will make the nominations in consultation with the Prime Minister, the Leader of the Opposition and the leaders of the smaller parties.



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Maduro abduction marks dangerous aggravation of ‘world disorder’

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Venezuelan President Maduro being taken to a court in New York

The abduction of Venezuelan President Nicolas Maduro by US special forces on January 3rd and his coercive conveying to the US to stand trial over a number of allegations leveled against him by the Trump administration marks a dangerous degeneration of prevailing ‘world disorder’. While some cardinal principles in International Law have been blatantly violated by the US in the course of the operation the fallout for the world from the exceptionally sensational VVIP abduction could be grave.

Although controversial US military interventions the world over are not ‘news’ any longer, the abduction and hustling away of a head of government, seen as an enemy of the US, to stand trial on the latter soil amounts to a heavy-handed and arrogant rejection of the foundational principles of international law and order. It would seem, for instance, that the concept of national sovereignty is no longer applicable to the way in which the world’s foremost powers relate to the rest of the international community. Might is indeed right for the likes of the US and the Trump administration in particular is adamant in driving this point home to the world.

Chief spokesmen for the Trump administration have been at pains to point out that the abduction is not at variance with national security related provisions of the US Constitution. These provisions apparently bestow on the US President wide powers to protect US security and stability through courses of action that are seen as essential to further these ends but the fact is that International Law has been brazenly violated in the process in the Venezuelan case.

To be sure, this is not the first occasion on which a head of government has been abducted by US special forces in post-World War Two times and made to stand trial in the US, since such a development occurred in Panama in 1989, but the consequences for the world could be doubly grave as a result of such actions, considering the mounting ‘disorder’ confronting the world community.

Those sections opposed to the Maduro abduction in the US would do well to from now on seek ways of reconciling national security-related provisions in the US Constitution with the country’s wider international commitment to uphold international peace and law and order. No ambiguities could be permitted on this score.

While the arbitrary military action undertaken by the US to further its narrow interests at whatever cost calls for criticism, it would be only fair to point out that the US is not the only big power which has thus dangerously eroded the authority of International Law in recent times. Russia, for example, did just that when it violated the sovereignty of Ukraine by invading it two or more years ago on some nebulous, unconvincing grounds. Consequently, the Ukraine crisis too poses a grave threat to international peace.

It is relevant to mention in this connection that authoritarian rulers who hope to rule their countries in perpetuity as it were, usually end up, sooner rather than later, being a blight on their people. This is on account of the fact that they prove a major obstacle to the implementation of the democratic process which alone holds out the promise of the prgressive empowerment of the people, whereas authoritarian rulers prefer to rule with an iron fist with a fixation about self-empowerment.

Nevertheless, regime-change, wherever it may occur, is a matter for the public concerned. In a functional democracy, it is the people, and the people only, who ‘make or break’ governments. From this viewpoint, Russia and Venezuela are most lacking. But externally induced, militarily mediated change is a gross abnormality in the world or democracy, which deserves decrying.

By way of damage control, the US could take the initiative to ensure that the democratic process, read as the full empowerment of ordinary people, takes hold in Venezuela. In this manner the US could help in stemming some of the destructive fallout from its abduction operation. Any attempts by the US to take possession of the national wealth of Venezuela at this juncture are bound to earn for it the condemnation of democratic opinion the world over.

Likewise, the US needs to exert all its influence to ensure that the rights of ordinary Ukrainians are protected. It will need to ensure this while exploring ways of stopping further incursions into Ukrainian territory by Russia’s invading forces. It will need to do this in collaboration with the EU which is putting its best foot forward to end the Ukraine blood-letting.

Meanwhile, the repercussions that the Maduro abduction could have on the global South would need to be watched with some concern by the international community. Here too the EU could prove a positive influence since it is doubtful whether the UN would be enabled by the big powers to carry out the responsibilities that devolve on it with the required effectiveness.

What needs to be specifically watched is the ‘copycat effect’ that could manifest among those less democratically inclined Southern rulers who would be inspired by the Trump administration to take the law into their hands, so to speak, and act with callous disregard for the sovereign rights of their smaller and more vulnerable neighbours.

Democratic opinion the world over would need to think of systems of checks and balances that could contain such power abuse by Southern autocratic rulers in particular. The UN and democracy-supportive organizations, such as the EU, could prove suitable partners in these efforts.

All in all it is international lawlessness that needs managing effectively from now on. If President Trump carries out his threat to over-run other countries as well in the manner in which he ran rough-shod over Venezuela, there is unlikely to remain even a semblance of international order, considering that anarchy would be receiving a strong fillip from the US, ‘The World’s Mightiest Democracy’.

What is also of note is that identity politics in particularly the South would be unprecedentedly energized. The narrative that ‘the Great Satan’ is running amok would win considerable validity among the theocracies of the Middle East and set the stage for a resurgence of religious fanaticism and invigorated armed resistance to the US. The Trump administration needs to stop in its tracks and weigh the pros and cons of its current foreign policy initiatives.

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Pure Christmas magic and joy at British School

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Students of The British High School in Colombo in action at the fashion show

The British School in Colombo (BSC) hosted its Annual Christmas Carnival 2025, ‘Gingerbread Wonderland’, which was a huge success, with the students themseles in the spotlight, managing stalls and volunteering.

The event, organised by the Parent-Teacher Association (PTA), featured a variety of activities, including: Games and rides for all ages, Food stalls offering delicious treats, Drinks and refreshments, Trade booths showcasing local products, and Live music and entertainment.

The carnival was held at the school premises, providing a fun and festive atmosphere for students, parents, and the community to enjoy.

The halls of the BSC were filled with pure Christmas magic and joy with the students and the staff putting on a tremendous display.

Among the highlights was the dazzling fashion show with the students doing the needful, and they were very impressive.

The students themselves were eagerly looking forward to displaying their modelling technique and, I’m told, they enjoyed the moment they had to step on the ramp.

The event supported communities affected by the recent floods, with surplus proceeds going to flood-relief efforts.

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Glowing younger looking skin

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Hi! This week I’m giving you some beauty tips so that you could look forward to enjoying 2026 with a glowing younger looking skin.

Face wash for natural beauty

* Avocado:

Take the pulp, make a paste of it and apply on your face. Leave it on for five minutes and then wash it with normal water.

* Cucumber:

Just rub some cucumber slices on your face for 02-03 minutes to cleanse the oil naturally. Wash off with plain water.

* Buttermilk:

Apply all over your face and leave it to dry, then wash it with normal water (works for mixed to oily skin).

Face scrub for natural beauty

Take 01-02 strawberries, 02 pieces of kiwis or 02 cubes of watermelons. Mash any single fruit and apply on your face. Then massage or scrub it slowly for at least 3-5 minutes in circular motions. Then wash it thoroughly with normal or cold water. You can make use of different fruits during different seasons, and see what suits you best! Follow with a natural face mask.

Face Masks

* Papaya and Honey:

Take two pieces of papaya (peeled) and mash them to make a paste. Apply evenly on your face and leave it for 30 minutes and then wash it with cold water.

Papaya is just not a fruit but one of the best natural remedies for good health and glowing younger looking skin. It also helps in reducing pimples and scars. You can also add honey (optional) to the mixture which helps massage and makes your skin glow.

* Banana:

Put a few slices of banana, 01 teaspoon of honey (optional), in a bowl, and mash them nicely. Apply on your face, and massage it gently all over the face for at least 05 minutes. Then wash it off with normal water. For an instant glow on your face, this facemask is a great idea to try!

* Carrot:

Make a paste using 01 carrot (steamed) by mixing it with milk or honey and apply on your face and neck evenly. Let it dry for 15-20 minutes and then wash it with cold water. Carrots work really well for your skin as they have many vitamins and minerals, which give instant shine and younger-looking skin.

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