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Make 20A an instrument of a modernising Govt.

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By Jehan Perera

 

The ongoing investigation into the Easter Sunday bombings, in 2019, which claimed hundreds of victims and brought the country’s economy to its knees, reveals more and more the lack of responsibility and failure on the part of the government authorities at that time.  Everyone being questioned in regard to the security failure seems to be seeking to pass the responsibility onto someone else or to say that all are responsible and so no one is.  The 19th Amendment which reduced the powers of the president and distributed it to the prime minister, parliament and other state institutions has been made the scapegoat for those human failures and unwillingness to take responsibility.  The political problem with the 19th Amendment is that it has enabled those who wish to shirk their responsibility many ways to point their fingers at others.

 It is in this unsavory context that the proponents of the 20th Amendment have been able to make their case to the general population that President Gotabaya Rajapaksa will do what other leaders have not been able to do.   The 20th Amendment goes to the other extreme of transferring powers to the President at the expense of other institutions which the President is willing to accept as the way forward to meeting the expectations of the people.  This was personified in his statement that even his verbal directions should be taken as the equivalent of written government circulars.  There have been many serious criticisms of this presidential statement especially in the social media.  However, to people who want their problems solved speedily and without getting stuck in bureaucracy, such criticisms are seen as politically motivated. 

Those who are able to see the larger picture, and from a comparative perspective, are aware that governments in which one institution dominates all others and in which there are no checks and balances are more likely to descend to autocracy instead of delivering good results to the people so that they enjoy the benefits of development and the protection of human rights.  As one of the country’s foremost political analysts, Prof Jayadeva Uyangoda, has said, “Undermining the rule of law, weakening the independence of the judiciary, and making the accountability institutions subservient to the executive will initially please the egos of the politicians and officials, but in the long run are bound to create a deep chasm between the government and the citizens, rulers and the ruled.” But the popular perception is to give the proposed new order a chance.

 

GOVERNMENTAL CONFIDENCE

 In its current formulation the 20th Amendment has many deficiencies and excesses.  Some of these have been noted by the Supreme Court in its determination of the 39 cases filed before it by concerned citizens, political parties and civic organisations.  There is unprecedented criticisms of the proposed 20th Amendment by sections of the religious clergy and civil society and not only by politically-motivated opposition parties.  They are concerned about the corrosive effect of unchecked power on powerholders.  Despite the strong opposition to the 20th Amendment the indications are that the government leadership is unwavering to have its way and have the constitutional amendment passed in parliament with the required 2/3 majority.  This resolve is reflected in the short date of October 21 for the debate to take place in parliament even though the Supreme Court’s determination of the constitutionality of the draft amendment will only be officially presented to parliament on October 20. 

 The absurdity of giving the parliamentarians only one day to study the Supreme Court determination and to come up with their own proposals is mitigated by the leak of a document purporting to be the determination of the Supreme Court on the proposed 20th Amendment.  This document became available on the internet and appeared on several news sites on October 10, the very day it was handed over as a confidential document to the President and Speaker of Parliament.  The fact that the document was strategically leaked to the public suggests that the government wishes to proceed with the new constitutional order as soon as possible and without any delay.  It has even denied the opposition the three days it requested for the debate to take place and limited the debate to just two days. 

 The manner in which the 20th Amendment is being taken to parliament, without delay, is both an indication of confidence, as well as the belief in decisive leadership that stands in contrast to the mode of governance of the previous government.  That government, headed by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe, made many good plans and made commitments which they could not implement due to the lack of decisive and cohesive leadership.  By way of contrast, President Gotabaya Rajapaksa appears to be a leader who is driven by his sense of destiny to those who voted him to the presidency believing in his pledges to them.  The government’s position is that the centralization of power envisaged by the 20th Amendment is necessary to face the unprecedented challenges the country currently faces.

 

 MODERN STATE

 In particular, the country faces a difficult international environment in which the big powers are putting a great deal of pressure on it.  With the exception of China, the big powers have shown strong interest in human rights issues especially in relation to the long standing ethnic conflict.  While the motivations of big powers may be questioned, debt repayments, international market access and geo-political security considerations come mixed with human rights issues.  From 2011 onwards Sri Lanka has been subjected to resolutions of the UN Human Rights Council which put it into the category of countries such as North Korea, Syria and Myanmar.  This was one of the challenges that the previous government took up and committed itself to resolve but failed to succeed in even though it succeeded to a large extent in improving the country’s international image.

 The previous government’s efforts to co-sponsor a UN Human Rights Council resolution was appreciated internationally but was controversial within the country.  The government did not have the strength or commitment to implement what it promised.  Mechanisms that it set up such as the Office on Missing Persons and the Office of Reparations have been left high and dry.  Even the Rs 6000 a month that was promised to families of the missing has not been given to most of them who live in poverty without their breadwinner for the most part.  The manner in which the present government addresses these issues can win it more support from the international community while also addressing an internal problem that has caused utmost distress to its people and weakened and divided the country for decades. 

 At the March session of the UN Human Rights Council in Geneva this year the government formally announced its withdrawal from the co-sponsorship of UNHRC Resolution 30/1 of 2015 entered into by the previous government.  In February, when it first announced its withdrawal from the UNHRC resolution, the government pledged a nationally designed reconciliation process to replace the previous one, which it said was internationally driven.  Concluding his speech at the UNHRC session, in Geneva, Foreign Minister Dinesh Gunawardena said: “No one has the wellbeing of the multi-ethnic, multi-lingual, multi-religious and multi-cultural people of Sri Lanka closer to their heart than the Government of Sri Lanka.” Once armed with the powers of the 20th Amendment the government can go down the path of a “tribal society” as warned by the religious clergy or create a modern state that incorporates a nationally designed reconciliation process in which equal citizenship and inclusive development leaves out no section or part of the country.  The hope will be that President Gotabaya Rajapaksa will succeed where predecessor presidents armed with similar powers failed.



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Rev Fr. Eugene Herbert’s loss should result in breaking down societal imbalances

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The river we step in is not the river we stand on

By B Nimal Veerasingham

Years ago, when visiting New Orleans, Louisiana, I found myself wandering through the sprawling campuses of Loyola University. It is not far from the mighty Mississippi river flowing almost 6,000 km and economically powering significant parts of US Upper Midwest. In an unassuming quite corner under a well branched shady tree I noticed a memorial structure commemorating the killing of eight people in El Salvador, including six Jesuit priests in 1989. The six priests were also professors at the university of Central America in El Salvador at that time.

Peace memorial

This May, as per Loyola’s ‘Maroon’, at the memorial event held at the Peace Quad at Loyola university New Orleans, now dedicated as a memorial to this tragedy, Prof Alvaro Alcazar addressed the gathering. ‘The colonial power that is still very much in place in Latin America has created a ‘faith’ that is blind to or silent about injustice. It was this faith that inspired the Jesuit’s activism, but it cost them their lives’.The involvement of US in this tragedy was also addressed by Prof. Susan Weisher something the United States has never taken accountability for.

US Foreign Policy

The many contradictions and positivity of US foreign policy and its vast turns and switches in reaching many parts of the world is like the mighty Mississippi that prowls almost through or parts of 32 US States. The depth and power of this vast river cannot be estimated by mere width and length. Hurricane Catarina breaching the dikes nearly destroyed the entire city of New Orleans.

Fr Eugene Herbert memorial

Early this year a memorial statue of Rev Fr. Eugene Herbert SJ was declared opened by Rt Reverend Ponniah Joseph, Bishop of Batticaloa in the outskirts of Batticaloa town right by the shores of Batticaloa lagoon. The statue was placed midway between the Batticaloa town, where he lived and taught, and the town of Eravur, where he ‘disappeared’ along with one of his students at the Eastern Technical Institute, where he was a Director. He was on his way on the scooter to arrange a safe way for the nuns trapped in a convent in the nearby town of Valaichchenai engulfed by ethnic riots.

Rev Fr Eugene Herbert was born in Jennings Louisiana. He joined the Jesuits on 14 Aug. 1941, while still in his late teens. He volunteered to join the ‘Ceylon Mission’ and arrived in Sri Lanka in 1948. As in the traditions of Jesuits as providers of high-quality education from their founding of their first school in 1548, Rev Fr Herbert served particularly in two schools in the East, St. Josephs College Trincomalee and St. Michael’s College Batticaloa. It is well known that Education in the Jesuit tradition is a call to human excellence. It develops the whole person from intellect and imagination to emotions and conscience. It approaches academic subjects holistically, exploring the connections among facts, questions. Insights, conclusions, problems and solutions. It has succeeded in a variety of cultures because it adapts to the context of the learner.

Multi-talented

Rev Fr. Herbert was a multi-talented genius excelling in music, science, technical studies, vocational studies and to be outdone of it all, in the basketball courts. In all disciplines, he brought a stricter structure that is besides excelling in the fundamentals, incorporating situational strategies encompassing critical thinking and adaptation. This was greatly visible none other than in the basketball courts where he injected exuberance and counter strategies to conventional wisdom. Saint Michael’s College Batticaloa up until his arrival in 1974 just was crawling in all Island Championships more so maintaining the status-quo. But Rev Fr Herbert revolutionised the outcome when Saint Michael’s started winning All Island Championships almost in all age groups against much more resourced Colombo schools.

Excellence in Basketball

Human excellence as we all know is not rocket science but striving to be the best with practice, discipline and endurance. But Rev Fr. Herbert’s presence provided the boys from the East who often lacked a concentrated leadership with clear and precise roadmap. The structural imbalance whether it be not so well built or barefooted at matches, didn’t determine the outcome. Rev Fr, Herbert provided energy and leadership both morally and corporally to the boys of the East who faced systemic roadblocks by not getting the direction and leadership. This was further evidenced by Rev Fr. Herbert’s active and emotional coaching that led the College teams to ignore opponent’s big city environments and large support base, but to keep concentrated on the final execution, the championship.

The referees in matches, where Saint Michael’s played paid greater attention to their decisions something that became standard when dealing with someone who knew the rulebook top to bottom. Rev Fr. Herbert quite often, if not in all matches, where St. Michaels College played could be seen challenging the referees for their inaccurate or missed calls. He always carried a basketball rulebook and could be seen feverishly waving the exact page of the rule and exclaims at top pitch when the referees failed to observe especially when the game was heated, and the difference between was swinging by one or two points.

Reaching the stars

I can remember that Rev Fr. Herbert once refused to participate in a Consolation Finals of a tournament. The team wanted at least to bring home a Consolation Finals Trophy, having failed to reach the finals. Rev Fr, Herbert looked at it differently. ‘We came here for nothing else but for the Championship trophy. Now that we couldn’t, we are catching the 8.00 PM night train tonight back to Batticaloa – and by the way, the practice for the next tournament will begin tomorrow evening, be on time’.

Rev Fr. Herbert’s humanity was visible in practically everything he exemplified, calculating the speed of the travelling train to explaining the mechanism of automobiles and the melodies from his clarinet. Between the matches and practices in Colombo he said mass at the Jesuit residence at Bambalapitiya. As teenagers with expectations we got confused sometimes with his message from the pulpit. ‘We strive to become the best and win. But at times that is not possible, and we have to accept defeat gracefully. But we have to rise again learning from our mistakes’.On another occasion, the security person refused to allow us to sleep on the floor of an enclosed classroom.

The train was late, and it was late in the evening; there was no one to instruct the security to open the classroom. He was ready to allow only the priest to the reserved quarter upstairs. ‘I will stay with the team and do not need any special arrangement,’ said Rev Fr without blinking, sleeping the entire night with us on the ground of an open but roofed half basketball-court, using his cassock as the bedsheet.

Rev Fr. Herbert exemplified through his life the true meaning of his calling and forging a future full of hope to a population that was at the receiving end of things for a longest while.

Last letter

In one of his last letters to his fellow Jesuit in New Orleans he wrote,’ Enough for our trials. The Lord continues to take care of us. I had really planned to write to USAID for another grant. We are running rehabilitation courses for ex-militants and other youth. Every four months we train 20 boys in welding, 20 in refrigeration repairs and 25 in house wiring. Every six months we train 15 in radio and TV repair. This is in addition to our regular three -year course in general mechanical trades’.

‘Pray for us. God willing the current instability and disturbances will be changed by the time I write again. We are used to vast fluctuations in fortune’.

Rev Fr. Herbert’s letter foretells several aspects of humanity that he was called upon to uphold.

The US continues to provide resources to ensure economic wellbeing, stability and peaceful existence across the Globe. The rule of law cannot be simply behavioral codes or identifying the cause or the culprit but ensuring resources and direction for the citizenry in general to break the cycle and rise above injustice. The rule of law cannot be applied differently to different set of people or on a best effort basis.

Breaking down societal imbalances

El Salvador and Sri Lanka were victims of a vicious violent cycle, where Jesuits lost their lives in obeying to their calls from above in their attempt to remake what it ideally should be. Many lost their lives in these cycles of hatred and violence both ordinary and clergy, including my well-liked and ever smiling classmate Rev Fr Savarimuthu Selvarajah. Fr Herbert’s disappearance galvanizes the distrust in our own destiny; many thousands were killed by fellow citizens than in the nearly 500 years of combined occupation by the foreign colonial powers.

The mighty Mississippi River, which travels almost 6,000 km is hardly comparable to a mere 56 km-long Batticaloa lagoon. Yet the son who was born on the shores of Mississippi became the true son by the shores of the Batticaloa lagoon.

This August 15th marks the 32nd anniversary of Rev Fr. Eugene Herbert’s ‘disappearance’. Ironically, at the time of his disappearance he was a year less a day from celebrating his Golden Jubilee in joining the Jesuits (14th August 1941). No one has been brought to date to justice or rather under the clauses of the ‘rule of law’. The one who held the rulebook up above his head is still denied justice.Batticaloa and the entire Sri Lanka lost one of its true sons, and he just happened to be born in the United States of America.

 

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Vijaya Nandasiri : Losing it in laughs

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By Uditha Devapriya

Vijaya Nandasiri left us six years ago. The epitome of mass market comedy in Sri Lanka, Nandasiri belonged to a group of humourists, which included Rodney Warnapura and Giriraj Kaushalya, who redefined satire in the country. Nandasiri’s aesthetic was not profound, nor was it subtle. It was not aimed at a particular segment. Indeed, there was nothing elitist or pretentious about it; if you could take to it, you took to it. It was hard not to laugh at him, it was hard not to like him. Indeed, it was hard not to sympathise with him.

In the movies, Sri Lanka’s first great humourist was Eddie Jayamanne. Typically cast as the servant or bumpkin, Jayamanne could never let go of his theatrical roots. More often than not his laughs targeted a particular segment, so much so that when Lester Peries cast him as the father of the hero’s lover in Sandesaya, he still seemed stuck in those movies he had made and starred in with Rukmani Devi. Many years later he was cast as a close friend of the protagonist in Kolamba Sanniya, in many ways Sri Lanka’s equivalent of It’s a Mad, Mad, Mad, Mad World. Even there, he could not quite escape his origins.

In Kolamba Sanniya, Jayamanne played opposite Joe Abeywickrema. Hailing from a different background, more rural than suburban, Abeywickrema had by then become our greatest character actor. Dabbling in comedy for so long, he found a different niche after Mahagama Sekara cast him in Thunman Handiya and D. B. Nihalsinghe featured him as Goring Mudalali in Welikathara. Yet he could never let go of his comic garb. Cast for the most as an outsider in the cities and the suburbs – of whom the epitome has to be the protagonist of Kolamba Sanniya – Abeywickrema discovered his élan in the role of the man who falls into a series of absurd situations, but remains unflappably calm no matter what.

There is nothing profoundly or intellectually funny in Kolamba Sanniya. Like It’s a Mad, Mad, Mad, Mad World, the humour emerges from the characters’ imperfections and foibles: their way of looking at the world, their accents, their lack of polish and elegance. The dialogues are not convincing, and some of the situations – like the hero’s family discovering a bidet for the very first time – are downright silly, if not condescending. What strengthens the story is Joe Abeywickrema’s performance; specifically, his ability to convince us that, despite the situations he is being put through, he can stand on his own. Like the protagonist of Punchi Baba, left to take care of an abandoned baby, he is helpless but not lacking control. He often makes us think he’s losing it, but then gets back on track.

Vijaya Nandasiri was cut from a different cloth. In many respects he was Abeywickrema’s descendant, yet in many others he differed from him. Whereas Abeywickrema discovered his niche playing characters who could conceal the absurdity of the situations they were in, Nandasiri’s characters could only fail miserably. Abeywickrema convinced us that he was in control; Nandasiri could not. As Rajamanthri, the politician who for most of us epitomised the silliness and stupidity of our brand of lawmakers, he frequently parrots out that he’s an honest man. Abeywickrema could say the same thing and get away with it. Nandasiri could not: when he says he’s honest, you knew at once that he was anything but.

Nandasiri revelled in having no self-respect even when we ascribed to him some sense of honour and dignity. In Nonawarune Mahathwarune the ubiquitous Premachandra flirts with the woman next door (Sanoja Bibile), though we don’t get why the latter never returns his affections. As Senarath Dunusinghe in Yes Boss, the situation is reversed: he has to suffer another man flirting with his wife, the issue being that the man happens to be his employer who doesn’t know that they are married. The whole plot pivots on two things: the fact that his boss doesn’t like him, and the fact that he has to disguise himself as an older husband of his own wife to conceal their marriage from his boss.

In his own special way, Nandasiri went on to represent our contempt for womanisers, cuckolds, and politicians, by turning them into easily recognisable and easily mockable stereotypes. In Nonawarune Mahathwarune he was the womaniser, in Yes Boss he was the cuckold – though his wife only pretends to give in to their employer’s advances – and as Rajamanthri, easily the most recognisable comic figure here during the past 20 years, he was the politician. It was as Rajamanthri that he prospered, even when playing characters who only vaguely reminded us of him, such as the antihero of Sikuru Hathe.

Many years ago, I watched a mini series on Rupavahini revolving around a politician and his driver. Vijaya Nandasiri played the politician, Vasantha Kumarasiri’s driver. Early on I sensed something odd about them. Their voices were different. The dubbing team had synced one actor’s voice with the other, a trick that survived the first 10 minutes of the first episode, after which these two meet a horrible accident that (inexplicably) leaves onlookers and relatives confused as to whose body belongs to whom.

Both are near dying. A quick surgery is hence followed by a quick plastic surgery, in which the wrong face is placed on the wrong body. The voices now revert to the correct actor. In hindsight this was an unnecessary gimmick, but also a useful trick, since for the rest of the story the driver becomes the believer in authority and the politician the believer in Marxist politics. Crude, and rather one-dimensional, but fun. And it wasn’t just a change of voice: it was also a change of spirit, of two contradictory personalities transplanted to each other. That was Nandasiri’s charm. You could never anticipate anyone other than him when he was there. For the mini series to work, hence, he had to be himself.

If Joe was redeemable because he was at the receiving end of some confusing dilemma (like the baby he raises in Punchi Baba, or the lifestyle in Colombo he gets used to in Kolamba Sanniya, Vijaya was unredeemable because he was at the other end, always provoking if not unleashing some havoc. It’s not a coincidence that, in this respect, his characters were always middle class, consumerist, very often in professions that called for security, stability, and status: as a Junior Visualiser in an ad agency in Yes Boss, as the chief in a security firm in Sir Last Chance, and as a police sergeant in Magodi Godayi. These symbolised a lifestyle that Nandasiri’s antiheroes sought to subvert and to defy.

Where he was his own man – the magul kapuwa in Sikuru Hathe or Rajamanthri in so many movies and serials – he wasn’t a provocateur, but a lovable antihero. And like all antiheroes, he conceals goodness because he despises it: in Sikuru Hathe, for instance, he commits one deception after another for his family’s sake, especially his daughter’s.

Where he was paired with another actor, I think, Nandasiri failed. He was his man, so when in Methuma he and Sriyantha Mendis are mistaken for two lunatics by a veda mahaththaya in a village, he could not really shine the way he had in Ethuma. Even in Magodi Godayi, he was less than he usually was whenever he was opposite Gamini Susiriwardana. Yes Boss and Nonawarune Mahathwarune had him among a plethora of other actors, to be sure, but then he was on his own there. There are moments in Yes Boss when Lucky Dias nearly outshines him. But Nandasiri gets back on track; he exerts his dominance again.

In other words, Nandasiri could give his best only if his co-star was alive to his range, or if his character was of a lesser pedigree than his co-star. That is what happens in King Hunther, where he could be himself opposite Mahendra Perera for two reasons: because Mahendra was a fairly good comic actor himself, and because Nandasiri’s character, Hunther, hails from such a different world that the present (in which Mahendra is an escaped convict) appears outlandish to him. Hunther to get used to this world, and that means getting used to the first two people he befriends: Mahendra and Anarkali Akarsha.

Vijaya Nandasiri’s ultimate triumph was his gift at getting us to feel for unfeeling antiheroes. Sometimes he could trump us, as Abeywickrema often did, like in King Hunther, when he hears that the politician who befriends him to further his career has decided to kill him off, and surreptitiously escapes. You never thought he was capable of upping the antagonist, but he does just that, providing us with the final twist in the story.

He couldn’t behave this way as Rajamanthri because he was not reflecting our contempt for figures of authority, but downright embodying it. When, towards the end of Suhada Koka, he is killed off by an assassin acting on the orders of the second-in-command to the Prime Minister (the latter played by W. Jayasiri), the film preaches to us a homily on the corrupting influence of power, a warning for all politicians. But then, just as you come to terms with this conclusion, he wakes up; the whole scene, it turns out, was a nightmare.

Ordinarily, you’d think he would learn from such a nightmare. But he doesn’t. Even after that harrowing fantasy, he is soon back to being the pompous figure he always was. Yet in that brief sequence he told us everything that needed to be told about how the corrupt remain corrupt, and how irredeemable they are. Was it a cruel coincidence, then, that the only time Rajamanthri was killed off like that marked the last time Vijaya Nandasiri played Rajamanthri? We may never know, but perhaps it was more than a coincidence. Perhaps it was the only fitting end to such a career that could be filmed.The writer is an international relations analyst, researcher, and columnist who can be reached at udakdev1@gmail.com

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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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