By Shamindra Ferdinando

A committee of experts who drafted a new Constitution intends to release its draft before the controversial 21 Amendment is placed before the Parliament.

President’s Counsel Romesh De Silva led the nine-member team, appointed by the Cabinet of Ministers, in Sept. 2020, on a proposal made by the then Justice Minister Ali Sabry, PC.

The team included Gamini Marapana P.C., Manohara de Silva P.C., Sanjeewa Jayawardena P.C., Samantha Ratwatte P.C., Prof. Naazima Kamardeen, Dr. A. Sarveswaran, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.

Authoritative sources told The Island that the draft prepared following a spate of consultations with political parties as well as other interested groups, including the Election Commission could

be considered before the 21 Amendment was incorporated as an interim measure.

However, other sources said that Romesh de Silva’s committee handed over its draft constitution in late April this year though the original plan was to unveil the proposals at the onset of President Gotabaya Rajapaksa’s third year in office in Nov 2021. Sources explained that those pushing for the 21 Amendment wanted to do away with the 20 Amendment except for the number of judges.

Referring to BASL letters dated May 23 addressed to President Gotabaya Rajapaksa, Prime Minister Ranil Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, sources said that the 21 Amendment in its present form didn’t meet the expectations of those who had been pushing for abolition of the executive presidency.

Stakeholders hadn’t been able to reach consensus on BASL proposals pertaining to the dilution of powers exercised by the executive as regards his/her constitutional ability to hold ministerial portfolios and assign to him/her any subjects and functions and take over subjects and functions of any Minister. Another contentious issue is the power exercised by the executive to prorogue and dissolve Parliament.

Opposition sources said that Romesh de Silva’s committee wouldn’t have even considered a cosmetic change of key executive powers for obvious reasons. They said that the proposed new Constitution wouldn’t have discarded the 20th Amendment whereas the 21 Amendment mooted by the BASL against the backdrop of continuing political-economic –social crisis was meant to abolish the executive presidency.

Lawmaker Sabry yesterday said that a project to replace the 1978 Constitution was undertaken in an entirely different scenario. The situation had changed now, the former Justice Minister said, while asserting that the conditions at the time a new Constitution was envisaged soon after the last parliamentary election in August 2020 and the 21 Amendment brought forward amidst turmoil couldn’t be compared under any circumstances.

The President’s Counsel said so when The Island queried regarding the fate of the draft Constitution prepared on a proposal submitted by him to the Cabinet. Asked whether he had perused the draft Constitution, SLPP National List MP said he didn’t have an opportunity to do so.

BASL President Saliya Pieris, PC, told The Island that the PM’s Office acknowledged the letter dated May 23 captioned ‘The 21st Amendment to the Constitution’ addressed to Mr. Ranil Wickremesinghe. “We met the Justice Minister at the ministry to explain our stand,” PC Pieris said.

Asked for the government’s response, Minister Rajapakse, a former President of the BASL said that the issues that had been raised by the current BASL leadership in the letter received by him were discussed. According to Dr. Rajapakse, the BASL took up two major matters

However, the BASL, in addition to its recommendations in respect of major matters, has suggested the following (a) A provision for the members of the Monetary Board to be appointed with the approval of the Constitutional Council (in addition to the Governor of the Central Bank); (b)  A provision for the appointments of the Secretaries to the Ministries, Governors of the Provinces, Ambassadors and Heads of Missions be done on the advice of the Prime Minister in consultation with the Cabinet of Ministers;     (c ) A provision to require Presidential Pardons to be done according to the recommendation by a body established by law, appointed by the President on the recommendation of the Constitutional Council and (d) A provision to enhance the financial independence, transparency, and accountability of the Independent Commissions.

In addition to those four recommendations, the BASL has suggested that the number of members of the Constitutional Council who are not Members of Parliament be increased from 3 to 5 and conversely the number of Members of Parliament on the Constitutional Council be reduced from 7 to 5 as was found in the 17th Amendment to the Constitution. The BASL has stressed that the proposal was consistent with the position taken by the BASL in 2015 when the 19th Amendment was enacted.