Features
SOME SERIOUS CONSTITUTIONAL ISSUES

THE 20TH AMENDMENT BILL –
By Dr Nihal Jayawickrama
The author of the 1978 Constitution has never been officially disclosed. It was included in the report of a select committee of the National State Assembly appointed to consider amendments to the first republican constitution of 1972 without it ever having been considered by that committee. It was passed in the NSA with the requisite two-third majority and became law in September 1978. For the first time in our constitutional history, 12 of its Articles were declared to be unamendable except with a two-third majority in the Parliament that it established, followed by approval of the people at a referendum.
The first of these Articles changed the name of the Island from the “Republic of Sri Lanka” to “the Democratic Socialist Republic of Sri Lanka”, following the example of Chairman Kim Il-Sung who renamed his country as the Democratic Peoples’ Republic of Korea. Article 3 states that “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”. A Bill which is inconsistent with this Article becomes law only when it is passed with a requisite majority and then approved by the People at a referendum. Article 4, which is not among the twelve, explains how sovereignty shall be exercised and enjoyed.
The powers of government
The President of the Republic is described in Article 30 as “the Head of State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces”. The description of his title is identical to that in both the 1946 and 1972 Constitutions. In the exercise his powers and functions (except when appointing the Prime Minister), he is required to act on the advice of the Prime Minister and the Constitutional Council. Therefore, he is in every respect, a constitutional Head of State. Under the Constitution, the powers of government are vested in the Prime Minister who is the Member of Parliament who enjoys the confidence of Parliament, and in the Cabinet of Ministers who are all Members of Parliament chosen by the Prime Minister. The Prime Minister may be removed from office only through a vote of no-confidence passed in Parliament, and it is only the Prime Minister who may determine whether or not to remove a Minister from his or her office. The Cabinet of Ministers are collectively responsible and answerable to Parliament. The 20th Amendment Bill seeks to transfer all the powers of the Prime Minister to the President and empowers him even to remove the Prime Minister and the Cabinet of Ministers. It also seeks to abolish the Constitutional Council. Article 3 states quite emphatically that the powers of government, as set out in the Constitution, are “inalienable”.
The judicial power of the People
The Constitution has vested judicial power exclusively in the judiciary. The 20th Amendment Bill seeks to vest the President with the power to appoint not only the Judges of the two appellate courts, but also the members of the Judicial Service Commission which is responsible for the appointment of judges of original courts. Today, he may exercise these powers only with the approval of the Constitutional Council. In effect, therefore, the person who has absolute control of the executive, as well as the legislative programme in Parliament, will also be the person who will have absolute discretion is choosing and appointing the judiciary which is the institution vested with the power to determine whether the actions of the executive and the legislature are in accordance with the constitution and the law. Will this not infringe the judicial power of the People which is identified in Article 4 of the Constitution as being an element of the sovereignty of the People protected by Article 3?
The judicial power of the people includes the right of access to the judiciary. The Constitution now enables a citizen to invoke the jurisdiction of the Supreme Court to determine whether any provision in a Bill placed on the Order Paper of Parliament is inconsistent with the Constitution. The 20th Amendment Bill seeks to limit, if not deny, that right by permitting the Cabinet to certify that a Bill in “urgent in the national interest”. In such event the Bill will be forwarded by the President to the Supreme Court for a special determination on constitutionality to be made within 24 hours. That determination will be forwarded only to the President and the Speaker, and the Bill may be immediately passed by Parliament. The denial of access to the judiciary is surely an interference with the judicial power of the People protected by Article 3.
The fundamental rights of the People
The fundamental rights of the People are protected by Article 3. These are set out in Chapter III of the Constitution; in Article 126 which provides a remedy for the infringement of any fundamental right; and in Article 35 which provides a remedy for the infringement of a fundamental right by any act done or omitted to be done by the President in his official capacity. The 20th Amendment Bill seeks to abolish the fundamental right to a remedy in respect of the official acts of the President now provided in Article 35 and is clearly an infringement of Article 3.
The franchise
The integrity of the franchise is protected by the establishment of an independent Election Commission appointed by the President on the recommendation of the Constitutional Council. The 20th Amendment Bill seeks to empower the President not only to appoint the Commission, but also to remove any member of that Commission, thereby seriously compromising the independence of the body established by the Constitution to ensure the integrity of the electoral process. The franchise is an integral element of the sovereignty of the People protected by Article 3.
The C-in-C and Minister of Defence
There appears to be a misunderstanding of the President’s role as Commander-in-Chief. Under the 1946 Constitution, the Queen was the Head of State, Head of the Executive and the Commander-in-Chief of the Armed Forces, and these powers were exercised on her behalf by a succession of Governors-General who acted on the advice of the Prime Minister. When the 1972 Constitution replaced the Queen with a President as Head of State, Head of the Executive, and Commander-in-Chief of the Armed Forces, those high-sounding titles did not bring with them any special powers. The Commander-in-Chief is not a uniformed officer. In parliamentary democracies, the principle of civilian control of the military is established through the designation of the Head of State as Commander-in-Chief as well. It is the President who declares war and peace, subject to the provision of resources by Parliament. It is the President who invokes the Public Security Ordinance and declares a state of emergency, subject to the approval of Parliament. These powers are vested in the Head of State, and not in the Minister of Defence.
Provincial Councils
The Government appears to have overlooked the fact that the abolition of the Constitutional Council, which is seeks through the 20th Amendment Bill, also impacts on the chapter in the Constitution dealing with Provincial Councils. Section 41 of the Bill seeks to amend Article 154R, an Article in Chapter XVIIA (Provincial Councils) of the Constitution. The purpose of the amendment is to enable the President to appoint three members of the Finance Commission without seeking the recommendation of the Constitutional Council, since the Bill seeks to abolish that Council. However, Article 154G of the Constitution states that no Bill for the amendment or repeal of any provision in Chapter XVIIA shall become law “unless such Bill has been referred by the President, after its publication in the Gazette and before it is placed on the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon”. That was not done because the Provincial Councils stand dissolved, and the new Provincial Councils have not yet been elected.
The Provincial Councils Elections Act imposes a duty on the Election Commission, within one week of the dissolution of a Provincial Council, to publish a notice of its intention to hold an election to such Council. That has not been done. Therefore, when the 20th Amendment Bill was placed on the Order Paper of Parliament two weeks ago, it was done in violation of Article 154G of the Constitution. It is a repetition of the notorious 2012 Divineguma Bill episode where the Supreme Court held that Parliament could not proceed with such a Bill even if it was only in one province that a new Provincial Council had not yet been elected. Moreover, the failure to consult the elected Provincial Councils also impinges on the franchise, an element of the sovereignty of the people protected by Article 3 of the Constitution.
An intractable problem?
Ordinarily, the solution would be to withdraw the 20thth Amendment Bill from the Order Paper, delete section 41, and place the Bill back on the Order Paper. However, adopting that course will not resolve the problem. For as long as Article 154R remains in the Constitution in its present form, the Constitutional Council will also need to remain in place since it is on the advice of the Constitutional Council that the President may make appointments to the Finance Commission. But the 20th Amendment Bill seeks to abolish the Constitutional Council. Therein lies an almost intractable problem.
Features
BRICS’ pushback against dollar domination sparks global economic standoff

If one were to look for a ‘rationale’ for the Trump administration’s current decision to significantly raise its tariffs on goods and services entering its shores from virtually the rest of the world, then, it is a recent statement by US Treasury Secretary Scott Bessent that one needs to scrutinize. He is quoted as saying that tariffs could return ‘to April levels, if countries fail to strike a deal with the US.’
In other words, countries are urged to negotiate better tariff rates with the US without further delay if they are not to be at the receiving end of the threatened new tariff regime and its disquieting conditions. An unemotional approach to the questions at hand is best.
It would be foolish on the part of the rest of the world to dismiss the Trump administration’s pronouncements on the tariff question as empty rhetoric. In this crisis there is what may be called a not so veiled invitation to the world to enter into discussions with the US urgently to iron out what the US sees as unfair trade terms. In the process perhaps mutually acceptable terms could be arrived at between the US and those countries with which it is presumably having costly trade deficits. The tariff crisis, therefore, should be approached as a situation that necessitates earnest, rational negotiations between the US and its trading partners for the resolving of outstanding issues.
Meanwhile, the crisis has brought more into the open simmering antagonisms between the US and predominantly Southern groupings, such as the BRICS. While the tariff matter figured with some urgency in the recent BRICS Summit in Brazil, it was all too clear that the biggest powers in the grouping were in an effort ‘to take the fight back to the US’ on trade, investment and connected issues that go to the heart of the struggle for global predominance between the East and the US. In this connection the term ‘West’ would need to be avoided currently because the US is no longer in complete agreement with its Western partners on issues of the first magnitude, such as the Middle East, trade tariffs and Ukraine.
Russian President Putin is in the forefront of the BRICS pushback against US dominance in the world economy. For instance, he is on record that intra-BRICS economic interactions should take place in national currencies increasingly. This applies in particular to trade and investment. Speaking up also for an ‘independent settlement and depository system’ within BRICS, Putin said that the creation of such a system would make ‘currency transactions faster, more efficient and safer’ among BRICS countries.
If the above and other intra-BRICS arrangements come to be implemented, the world’s dependence on the dollar would steadily shrink with a corresponding decrease in the power and influence of the US in world affairs.
The US’ current hurry to bring the world to the negotiating table on economic issues, such as the tariff question, is evidence that the US has been fully cognizant of emergent threats to its predominance. While it is in an effort to impress that it is ‘talking’ from a position of strength, it could very well be that it is fearful for its seemingly number one position on the world stage. Its present moves on the economic front suggest that it is in an all-out effort to keep its global dominance intact.
At this juncture it may be apt to observe that since ‘economics drives politics’, a less dollar dependent world could very well mark the beginning of the decline of the US as the world’s sole super power. One would not be exaggerating by stating that the tariff issue is a ‘pre-emptive’, strategic move of sorts by the US to remain in contention.
However, the ‘writing on the wall’ had been very manifest for the US and the West for quite a while. It is no longer revelatory that the global economic centre of gravity has been shifting from the West to the East.
Asian scholarship, in particular, has been profoundly cognizant of the trends. Just a few statistics on the Asian economic resurgence would prove the point. Parag Khanna in his notable work, ‘The Future is Asian’, for example, discloses the following: ‘Asia represents 50 percent of global GDP…It accounts for half of global economic growth. Asia produces and exports as well as imports and consumes more goods than any region.’
However, the US continues to be number one in the international power system currently and non-Western powers in particular would be erring badly if they presume that the economic health of the world and connected matters could be determined by them alone. Talks with the US would not only have to continue but would need to be conducted with the insight that neither the East nor the West would stand to gain by ignoring or glossing over the US presence.
To be sure, any US efforts to have only its way in the affairs of the world would need to be checked but as matters stand, the East and the South would need to enter into judicious negotiations with the US to meet their legitimate ends.
From the above viewpoint, it could be said that Indian Prime Minister Narendra Modi was one of the most perceptive of Southern leaders at the BRICS Summit. On assuming chairmanship of the BRICS grouping, Modi said, among other things: ‘…During our chairmanship of BRICS, we will take this forum forward in the spirit of people-centricity and humanity first.’
People-centricity should indeed be the focus of BRICS and other such formations of predominantly the South, that have taken upon themselves to usher the wellbeing of people, as opposed to that of power elites and ruling classes.
East and West need to balance each other’s power but it all should be geared towards the wellbeing of ordinary people everywhere. The Cold War years continue to be instructive for the sole reason that the so-called ordinary people in the Western and Soviet camps gained nothing almost from the power jousts of the big powers involved. It is hoped that BRICS would grow steadily but not at the cost of democratic development.
Features
Familian Night of Elegance …

The UK branch of the Past Pupils Association of Holy Family Convent Bambalapitiya went into action last month with their third grand event … ‘Familian Night of Elegance.’ And, according to reports coming my way, it was nothing short of a spectacular success.
This dazzling evening brought together over 350 guests who came to celebrate sisterhood, tradition, and the deep-rooted bonds shared by Familians around the world.
Describing the event to us, Inoka De Sliva, who was very much a part of the scene, said:

Inoka De Silva: With one of the exciting prizes – air ticket to Canada and back to the UK
“The highlight of the night was the performance by the legendary Corrine Almeida, specially flown in from Sri Lanka. Her soulful voice lit up the room, creating unforgettable memories for all who attended. She was backed by the sensational UK-based band Frontline, whose energy and musical excellence kept the crowd on their feet throughout the evening.”

Corrine
Almeida:
Created
unforgettable
memories
Inoka, who now resides in the UK, went on to say that the hosting duties were flawlessly handled by the ever popular DJ and compere Vasi Sachi, who brought his trademark style and charisma to the stage, while his curated DJ sets, during the breaks, added fun and a modern vibe to the atmosphere.

Mrs. Rajika Jesuthasan: President of the UK
branch of the Past Pupils Association of
Holy Family Convent Bambalapitiya
(Pix by Mishtré Photography’s Trevon Simon
The event also featured stunning dance performances that captivated the audience and elevated the celebration with vibrant cultural flair and energy.
One of the most appreciated gestures of the evening was the beautiful satin saree given to every lady upon arrival … a thoughtful and elegant gift that made all feel special.
Guests were also treated to an impressive raffle draw with 20 fantastic prizes, including air tickets.
The Past Pupils Association of Holy Family Convent Bambalapitiya, UK branch, was founded by Mrs. Rajika Jesuthasan née Rajakarier four years ago, with a clear mission: to bring Familians in the UK together under one roof, and to give back to their beloved alma mater.
As the curtain closed on another successful Familian celebration, guests left with hearts full, and spirits high, and already counting down the days until the next gathering.
Features
The perfect tone …

We all want to have flawless skin, yet most people believe that the only way to achieve that aesthetic is by using costly skin care products.
Getting that perfect skin is not that difficult, even for the busiest of us, with the help of simple face beauty tips at home.
Well, here are some essential ways that will give you the perfect tone without having to go anywhere.
* Ice Cubes to Tighten Skin:
Applying ice cubes to your skin is a fast and easy effective method that helps to reduce eye bags and pores, and makes the skin look fresh and beautiful. Using an ice cube on your face, as a remedy in the morning, helps to “revive” and prepare the skin.
* Oil Cleansing for Skin:
Use natural oils, like coconut oil or olive oil, to cleanse your skin. Oils can clean the face thoroughly, yet moisturise its surface, for they remove dirt and excess oil without destroying the skin’s natural barriers. All one has to do is pick a specific oil, rub it softly over their face, and then wipe it off, using a warm soak (cloth soaked in warm water). It is a very simple method for cleaning the face.
* Sugar Scrub:
Mix a tablespoon of sugar with honey, or olive oil, to make a gentle scrub. Apply it in soft, circular motions, on your face and wash it off after a minute. This helps hydrate your skin by eliminating dead skin cells, which is the primary purpose of the scrub.
* Rose Water Toner:
One natural toner that will soothe and hydrate your skin is rose water. Tightening pores, this water improves the general texture of your skin. This water may be applied gently to the face post-cleansing to provide a soothing and hydrating effect to your face.
* Aloe Vera:
It is well known that aloe vera does wonders for the skin. It will provide alleviation for the skin, because of its calming and moisturising effects. The application of aloe vera gel, in its pure form, to one’s skin is beneficial as it aids in moisturising each layer, prevents slight skin deformity, and also imparts a fresh and healthy look to the face. Before going to bed is the best time to apply aloe vera.
* Water:
Staying hydrated, by drinking plenty of water (06 to 08 cups or glasses a day), helps to flush toxins and its functions in detoxification of the body, and maintenance the youthfulness of the skin in one’s appearance.
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