Debate over entitlements of former Presidents intensifies amidst NPP’s plans to cut their benefits

The government’s plan to curtail the entitlements of former presidents has sparked differing opinions, with Minister of Transport, Highways, Ports, and Aviation Bimal Ratnayake advocating for swift changes, while legal experts warn of constitutional and human rights implications.

Minister Ratnayake recently announced that the government would reduce the benefits granted to former presidents without requiring constitutional amendments. Referring to a Supreme Court’s ruling concerning the official residence of former President Maithripala Sirisena, he claimed that the verdict had made it clear that a sitting president did not have the authority to allocate official residences.

Stressing that former presidents should be provided with appropriate official residences, Ratnayake argued that luxurious mansions were unnecessary. He said former President Mahinda Rajapaksa would be asked to vacate his current residence at Wijerama as alternative accommodation could be provided to him.

The minister added that the government was planning to amend the current Constitution to make it better reflect modern societal needs, a key promise made during the NPP’s election campaign.

However, President’s Counsel Prathiba Mahanama has cautioned against any attempt to revoke pensions or other entitlements of former presidents. He has said that under clauses 01, 02, 03, and 04 of Article 36 of the 1978 Constitution, former Presidents are entitled to pensions, which cannot be retroactively revoked.

Mahanama has further warned that any law seeking to revoke such pensions will apply only to future Presidents and not the past ones. He has emphasised that revoking pensions retroactively could be considered a violation of fundamental human rights.