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GL: Under 19A President has responsibility sans authority

Published

6 years ago

2020/10/23

Sahan Weerasooriya

20A does not dilute powers of Parliament

By Saman Indrajith

The main issue with the 19th Amendment to the Constitution was that while it delegated responsibilities; it did not assign the necessary powers to ensure that those responsibilities could be fulfilled, Education Minister Prof. G. L. Peiris told Parliament yesterday.

Speaking during the second day of the two-day debate on the 20th Amendment, the Minister elaborated that the best example was with regard to defence. “Under Articles 3 and 4 of the Constitution, a key responsibility of the President is to safeguard national security. Yet, under the 19A, though the President was elected by 6.9 million voters, he can’t be the Minister of Defence. In fact, he can’t hold any ministries. He is the Commander of the armed forces and police, but he can’t command them.”

Prof. Peiris said that a lot of responsibilities had been heaped upon the President, but he had not been given the necessary powers to carry out those responsibilities. “There is responsibility without authority; that is the basic flaw in the structural framework of the 19th Amendment,” the one time top law academic said.

Prof. Peiris also asked whether the framework established by the 19th Amendment was really in line with democracy. “The Constitutional Council was the centrepiece of 19A. All appointments to the so-called independent commissions are made by the CC. Take for example, the civil society members in the CC. They can’t be removed, though a new President and government is in power. They will be in power for another year until their term ends, and no one can do anything about it.”

“We don’t fear the independent commissions, but their conduct is unjust. They have become totally politicised,” he said.

While there must be checks and balances on those in power if those checks and balances went beyond a certain limit and became excessive, the end result was that nothing would get done, he argued. “Those who hold positions of power would not be able to do anything. There will be a gridlock situation.”

The minister also dismissed claims made by the Opposition that the 20A would considerably reduce Parliament’s powers. “Under Article 148 of the Constitution, it is Parliament that is responsible for public finance. No matter how powerful a President is, he must still come before Parliament to obtain the necessary funds for the function of the governance mechanism. This cannot be done through any other entity. That is why the Finance Minister is due to present the Budget to Parliament in November; a Budget you all have every right to pass or defeat. As such, 20A will not reduce the powers of Parliament by one bit.”

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Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations

Published

14 hours ago

2026/10/5

Thilina Walpola

Suresh Sallay

The government has chosen not to respond to questions raised by the United Nations Human Rights Council (UNHRC) regarding the detention of retired Maj. Gen. Suresh Sallay in connection with the ongoing investigations into the 2019 Easter Sunday attacks.

The Criminal Investigation Department (CID) arrested the ex-official in late February this year. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the independence of judges and lawyers have jointly raised the issue on 20 July, 2026.

Drawing attention of President Anura Kumara Dissanayake to what they called alleged arbitrary detention of Sallay, former Director General of the State Intelligence Service (SIS) and former Director of Military Intelligence (DMI), under the Prevention of Terrorism Act (PTA), as well as allegations of torture and other cruel, inhuman or degrading treatment while in custody, resulting in the grave deterioration of his health, and imminent risks of retaliation through further torture and ill-treatment resulting in irreparable harm, should he be released from hospital and returned to custody, the UN sought the government explanation with a 60-day period.

The UN has stated: “This communication, and any response received from your Excellency’s Government, will be made public via the communications reporting website at the 60 days mark. Should your Excellency’s Government respond within 60 days, both the communication and the response, may be published before the 60 days mark. The communications and responses

will also be made available in the subsequent periodic report to be presented to the Human Rights Council.”

In the absence of the government’s response, the UN posted the letter, dated 20 July, 2026, addressed to President Dissanayake. The full letter can be accessed https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=31125

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Section of wartime KKS High Security Zone vacated to facilitate economic development in the area

Published

14 hours ago

2026/10/5

Thilina Walpola

The Army, last week, vacated an area, within the wartime high security zone in the Jaffna peninsula. The Defence Ministry said that an extent of 187.56 acres of land, belonging to the Cement Corporation in Kankesanthurai, Jaffna, has been released by the military. The released land, located in Grama Niladhari Division J/233, Kankesanthurai West, within the Valikamam North (Tellippalai) Divisional Secretariat Division, had been utilised by the Sri Lanka Army since the middle of 1997.

The release of the 187.56-acre extent forms part of the initiative to make State land available for the proposed investment zone in Kankesanthurai, thereby facilitating future investment and economic development in the area.

News

Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.

Published

14 hours ago

2026/10/5

Thilina Walpola

A complaint has been lodged with the Colombo Fraud Investigation Bureau against the Government Printer and the Secretary to the Ministry of Media regarding the online release of falsified documents bearing a forged Speaker’s certificate.

Attorney-at-Law Aruna Laksiri has lodged a complaint with the Colombo Fraud Investigation Bureau requesting legal action against the Government Printer of the Department of Government Printing (No. 118, Dr. Danister de Silva Mawatha, Colombo 08), Prasanna Jayaratne, and the Secretary to the Ministry of Mass Media (Asidisi Medura, 163, Kirulapone Mawatha, Polhengoda, Colombo 05), Dr. Anil Jasinghe.

The complaint alleges the commission of offences by forging and uploading falsified documents online using a forged Speaker’s certification, failure to perform statutory duties, and misappropriation of public property.

The complaint states that a copy of the English translation of the 22nd Amendment to the Constitution was downloaded and printed from the official website of the Government Printing Department (www.documents.gov.lk), which operates under the Ministry of Mass Media. On its outer cover and on page 1, the text “certified on 25th of September, 2026” is inscribed inside brackets.

The complaint pointed out that the Speaker has certified an English translation. Under Articles 23, 79, 83, and 80 of the Constitution, Parliament enacts laws and the Speaker certifies bills strictly in the Sinhala and Tamil languages; under the Constitution, therefore the Speaker cannot apply such certification to an English translation.