The Constitutional Council established by the 17th Amendment was anything but apolitical and the members were appointed to the Council only on one criterion which is political allegiance, stated Minister of External Affairs, Prof. G.L. Peiris yesterday (Sep 9) at a media briefing.
Emphasizing that the members of the Constitutional Council were appointed by political parties, the Minister questioned how anybody could argue that such a Council could have intrinsic value in contributing to de-politicization.
He added that the 17th Amendment was formulated not on policy but on sheer expedience and even the Supreme Court stated in its ruling in 2001 that the 17th Amendment was unworkable on the ground.
Dismissing accusations that the 18th Amendment was brought for approval before parliament too hurriedly, the Minister pointed out that this was done because the government intended to appoint the seven relevant commissions speedily. Unless the amendment was brought to parliament soon, it could not have been taken up for debate until next year with the Budget debate taking place later this year, he added.
The seven Commissions under the 17th Amendment will remain under the 18th Amendment, he said.
Earlier the Constitutional Council was not accountable but the present structure is underpinned by accountability to Parliament, the Minister stated.
The Parliamentary Council under the 18th Amendment is able to make recommendations to the President. The Executive power vested in the President to make appointments will remain, he said, emphasizing that this was not a new provision added in the 18th Amendment, as the President was always the ultimate appointing authority under the Constitution.
Under the 18th Amendment, police officers now have the right to appeal in the Public Service Commission for injustices, which was not possible under the 17th Amendment, he further stated. The Minister added that the appointment of the Deputy Elections Commissioner was a salutary feature of the 18th Amendment, which made the uninterrupted functioning of the Elections Commission possible.
Minister Peiris dismissed another misconception that under the 18th Amendment, the term of office of the President will be extended. He stated that this is not true and the election of the President is entirely up to the people. Minister Peiris also pointed out that under the new Constitutional Amendment, it is a matter of compulsion that the President attends parliament at least once in three months which allows Members of Parliament to question the President.
The President will not be occupying the Speaker’s seat as before, on ceremonial occasions, but will take the seat of an MP in parliament and respond to questions by other members, bringing greater accountability to Parliament, he said.
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