The 20th Amendment Bill Lest We Forget

The 20th amendment bill, introduced by the SLPP/SLFP coalition government, seeks to restore in its entirety the 1978 constitution of president J.R.Jayewardene one single transitional provision inserted into the constitution made good governance impossible the 20th doesn’t seek to address these deficiencies. Instead it seeks to restore the original 1978 constitution the office of president under the 1978 constitution was vested with absolute power and was placed above the law today, the prime minister ceases to hold office only if a vote of no confidence is passed in parliament and may not be removed by the president in the 37 years that an “executive president” reigned over sri lanka, an almost unbridgeable gap was created between political parties and between ethnic groups

- Dr Nihal Jayawickrama

Strident calls were repeatedly made from many quarters for the 19th Amendment to the Constitution to be repealed. Some argued that it should be repealed in its entirety, while others pleaded for the retention of some of its provisions. What has been overlooked is that there is no 19th Amendment capable of being amended or repealed. It does not exist. It has not existed since 15th May 2015 when the 19th Amendment Bill, having been debated and passed in Parliament, was certified by the Speaker. Indeed, none of the previous eighteen amendments to the Constitution exist today. Therefore, the 19th Amendment cannot be repealed, whether in its entirety or partially. What we do have is the Constitution of 1978 which has been amended nineteen times.

THE 19TH AMENDMENT

Some of the amendments incorporated in the Constitution by the 19th Amendment were admittedly flawed. For example, the Constitutional Council was intended to enable community participation in the appointment processes at the highest levels of the judiciary and of independent commissions. However, at the committee stage of the debate, Parliament decided that the