The Centre for Policy Alternatives (CPA) is deeply concerned by the changes proposed by the Twentieth Amendment to the Constitution Bill gazetted on 2nd September 2020 and its impact on constitutional democracy in Sri Lanka.
Changes proposed in the Bill will set in motion a process that will seriously undermine the separation of powers, the rule of law, and fundamental freedoms, CPA said.
The principal changes proposed by the Twentieth Amendment Bill seek to remove the checks and balances on the executive presidency.
In particular, it abolishes the binding limitations on presidential powers in relation to key appointments to independent institutions through the pluralistic and deliberative process of the Constitutional Council.
Its replacement, the Parliamentary Council, is a mere a rubber stamp of the executive, with no genuine deliberative role envisaged for its members.
Moreover, CPA notes that the opportunity for citizens to challenge the executive actions of the President through fundamental rights applications has been removed, suggesting that the President is above the law.
The checks on presidential power within the executive are abolished by the removal of the requirement of the Prime Minister’s advice for the appointment and dismissal of Cabinet and other Ministers.
The erosion of constitutional checks and balances will also adversely impact on the efficient, effective, and transparent use of public funds.
(LIN)