{"id":41027,"date":"2015-04-29T00:20:36","date_gmt":"2015-04-29T04:20:36","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=41027"},"modified":"2015-04-29T00:35:00","modified_gmt":"2015-04-29T04:35:00","slug":"ex-president-mahinda-meets-parliamentary-waterloo-as-president-sirisena-wins-over-mps","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=41027","title":{"rendered":"Ex-President Mahinda Meets Parliamentary Waterloo as President Sirisena Wins Over Votes of MP’s."},"content":{"rendered":"


\nBy<\/p>\n

Rasika Jayakody<\/strong><\/p>\n

Five<\/strong> members representing the country’s legislature today – namely Prime Minister Ranil Wickremesinghe, Ministers Joseph Michael Perera, Gamini Jayawickrama Perera, MP P. Dayarathne and TNA Leader R. Sampanthan – were present in the House when the late J. R. Jayewardene introduced Executive Presidency to Sri Lanka in 1978. Of the five Parliamentarians only R. Sampanthan, who represented the ITAK, voted against the 1978 Constitution which was presented by the UNP when it had an overwhelming majority in Parliament.<\/p>\n

Nearly 37 years down the line, it was Prime Minister Ranil Wickremesinghe who delivered the wind-up speech in Parliament before the second reading vote on the 19th Amendment to the constitution which was designed to curtail the excessive powers of the Executive Presidency. In his speech, Prime Minister Wickremesinghe referred to a discussion he had with his uncle, former President Jayewardene.<\/p>\n

“President Jayewardene told me, ‘Ranil, anyone who sits here will not give up the position. You have to get him out when the term is over’. But now, we have a President who is willing to transfer his powers to Parliament,” the Prime Minister said, explaining the circumstances which led to the 19th Amendment. He said the 19th Amendment, despite the eleventh hour changes, was an important step in the direction of democratizing the country’s system of governance.<\/p>\n

Although the constitutional amendment fell short of the expectations who voted for a change, it was a major development, especially in a Parliament that adopted an obnoxious constitutional amendment such as the 18th Amendment to the constitution without any resistance. Until the party leaders meeting which took place just before the vote, the pendulum swung both ways, leaving everyone, including the Members of Parliament, in confusion. There was a strong sense of uncertainty until the last moment and various discussions took place between various parties with regard to the 19th Amendment and its clauses.<\/p>\n

Getting the UPFA’s support for the 19th Amendment was the biggest and toughest challenge for President Maithripala Sirisena who received a wide mandate for a “change” at the presidential election. There were several schools of thoughts within the SLFP over the constitutional amendment with one group directly opposing the 19th Amendment. They were the ardent supporters of former President Mahinda Rajapaksa who knew that the passing of the 19th Amendment would pose a threat to their survival in politics. In reality, they were a “minority group” under the UPFA umbrella.<\/p>\n

At the same time, there was a sizable proportion of UPFA MPs – mainly SLFP members – who supported the 19th Amendment with certain caveats. Interestingly, when the parliamentary group of the party decided to support the amendment last week they did not speak of any ‘caveats’ and it seemed as if the party would unanimously support the 19th Amendment. Therefore, when President Maithripala Sirisena arrived at Parliament to present the 19th amendment, the MPs of the United National Party seemed hopeful about passing of the 19th Amendment.<\/p>\n

<\/p>\n

Prime Minister Ranil Wickremesinghe, speaking in Parliament on Monday, gave another positive sign to the UPFA when he said that the government was ready to remove clauses in the 19th Amendment that affect functioning of media. Several MPs of the UPFA, speaking to media over the weekend, said clauses related to the media would affect freedom of media in the country in more ways than one. The Prime Minister’s move laid a solid platform for both parties to join hands in passing the 19th Amendment.<\/p>\n

However, things took a different turn when the UPFA MPs, including the members of the SLFP, resorted to a different game-plan as the debate progressed. To the surprise of the UNP and other political parties who supported the constitutional amendment, they raised serious questions over two important clauses of the document.<\/p>\n

Alagaratnam cautions President Sirisena<\/strong> <\/p>\n

Their questions were based on the composition of the proposed Constitutional Council coming under the 19th Amendment. The UPFA opined that the ‘majority stake’ of the Constitutional Council – which was designed as an independent body by the architects of the constitutional amendment- should be held by Parliamentarians. With this development, the debate over the 19th Amendment to the constitution hit a fresh snag.<\/p>\n

In fact, the Bar Association of Sri Lanka saw this coming on Sunday – a day before the commencement of the debate. In a letter to President Maithripala Sirisena, Geoffrey Alagaratnam, President of the Bar Association of Sri Lanka, warned that there was a move to dilute the provisions of the 19th Amendment by seeking to have the majority of the membership of the Constitutional Council comprise Members of Parliament.<\/p>\n

“Such a move will dilute the independence of the Constitutional Council and will in effect take the nation back to the period of the 18th Amendment to the Constitution, and will lead to a serious erosion of democracy,” Alagaratnam told the President.<\/p>\n

“We wish to bring to the notice of Your Excellency the vehement opposition of the Bar Association of Sri Lanka, to any move to dilute the composition of the Constitutional Council. Such a move will seriously affect the independent nature of the appointment of judges and will effectively make the 19th Amendment worthless.” He added.<\/p>\n


\nShirani Bandaranayake experience<\/strong><\/p>\n

The Bar Association had a valid reason to raise this argument as the SLFP MP’s proposal reminded them of the flawed impeachment process on former Chief Justice Shirani Bandaranaike. A Parliamentary Select Committee was appointed with regard to the impeachment on the former Chief Justice and it was widely alleged that the PSC process was huge influenced by the incumbent President who was hell-bent on removing the Chief Justice from office. The PSC was chaired by former Minister Anura Priyadarshana Yapa and MPs such as Wimal Weerawansa and Dilan Perera served as committee members of the PSC which determined the fate of the country’s Chief Justice.<\/p>\n

It was reported in some sections of media, at that point, that ‘Pissu geni’ (mad woman), ‘baby’, ‘baby nona’ (baby mistress) and several other derogatory terms were used to address Chief Justice Shirani Bandaranayake by certain members of the committee during the session. Be that as it may, it was clear that they were guided by political motives and it contributed to the flawed nature of the impeachment process.<\/p>\n

When this was raised by the opposition in Parliament, it gave a new twist to the entire process. Following this development, a Parliamentary committee was appointed, comprising of Minister Rauff Hakeem, Deputy Minister Ajith Perara, MPs M.A. Sumanthiran, Anura Priyadarshana Yapa, Rajiva Wijesinha and Faizer Mustapha to discuss the matter and iron out the differences. Attorney General Yuwanjana Wanasundara, who was present in Parliament on Monday, was named as the “arbitrator” of the committee.<\/p>\n

United National Party ‘s concerns<\/strong><\/p>\n

The six member committee had lengthy discussions on Monday evening over the composition of the Constitutional Council. The opposition members insisted that the Constitutional Council should comprise elected members of Parliament instead of independent members appointed by political parties. The basis of their argument was the fact that the constitutional amendment paved the way for “independent members” to override the elected representatives in Parliament. They said elected representatives of the people should be allowed to make important decisions pertaining to the appointments of the commissions coming under the 19th Amendment to the constitution.<\/p>\n

The members representing the government vehemently opposed the argument put forward by representatives of the opposition. “The main objective behind the 19th Amendment, “the UNP representatives said, “was to depoliticize the appointments of the independent commissions.” Deputy Minister of Foreign Affairs Ajith P Perera, speaking at the meeting, vehemently objected the move by the opposition to “dilute” the amendment and said this was to sabotage the 19th Amendment to the constitution. The second contentious issue was the President acting on the advice of the Prime Minister when appointing Ministers. “Instead of depoliticizing institutions, it will institutionalize politicization,” the members nominated by the UNP argued.<\/p>\n

The UNP said that was the only power the Prime Minister derived from the 19 the Amendment. Therefore, the government MPs were not willing to compromise over that clause which was also endorsed by the Supreme Court determination over the constitutional amendment. Following the committee meeting, the Prime Minister facilitated a meeting for the UNP delegation to meet President Maithripala Sirisena and brief him on the position of the party.<\/p>\n

After the meeting with the UNP delegation, President Sirisena had a separate discussion with over 20 MPs of the Sri Lanka Freedom Party to iron out the differences. But, no settlement was arrived at during the meeting.<\/p>\n

Meanwhile, Athuraliye Rathana Thera proposed that the Constitutional Council should have a 50:50 combination of MPs and independent members. This was proposed by the JHU Parliamentarian as a way-out to break the deadlock over the composition of the council. However, this was met with heavy resistance by civil society groups and organizations who were instrumental in the election campaign of President Maithripala Sirisena. They said a diluted version of the 19th Amendment would not result in any meaningful change in the country’s system of governance.<\/p>\n

On Tuesday, President Maithripala Sirisena had another round of meetings with the Prime Minister and his parliamentary group over the passing of the constitutional amendment. The committee, which was appointed on Monday, had lengthy discussions without any tangible outcome. At one point, the group representing the UPFA expressed willingness to withdraw their amendment on the composition of the Constitutional Council of the UNP agreed to amend the clause on the President acting on the advice on the Prime Minister when appointing the Cabinet of ministers. The UNP categorically said it could not agree on that proposal as it would restrict the powers of the Prime Minister and the Cabinet to a great extent.<\/p>\n

A Facebook update posted by Deputy Minister Dr. Harsha de Silva on his official Facebook page encapsulated the collective sentiments of the UNP MPs on Tuesday morning.<\/p>\n

“I am worried about the fate of the 19th Amendment as two issues have not been resolved: <\/p>\n

(1) The President to appoint the Cabinet on the advice of the Prime Minister as per the determination by the Supreme Court to strike down the original proposal for the PM to appoint the Cabinet; the opposition is saying ‘no’ and wants the President to keep that power. But the whole argument is to reduce the powers of the President but here to act with consensus. So let us see if there can be a compromise.<\/p>\n

(2) The Constitutional Council will be constituted by 7 non-political eminent persons and three politicians; the Prime Minister, the Speaker and the Leader of the Opposition. Now the opposition is saying ‘no’ it cannot have independent persons but instead 10 MPs. This will completely negate the depolitisization of the Constitutional Council and thereby all appointments to the independent commissions,” De Silva said.<\/p>\n

“There seems to be yet another very important technical issue that can derail the 19th. The Secretary General is apparently, and correctly, of the view that once the 2nd reading of the 19th is passed with a two third majority the amendments can be passed with a simple majority. If that is the case then the shape and form of the 19th can be seriously changed at committee stage unless there is agreement on the above two matters prior to the vote” he added.<\/p>\n

Parallel to the discussions of the six member committee, President Sirisena and Prime Minister Ranil Wickremesinghe too had lengthy discussions on ironing differences between the two parties. The two leaders arrived at the understanding that both parties should compromise on their demands – at least to a certain extent – to make way for the much needed constitutional amendment. <\/p>\n

According to informed political sources, the final compromise-plan came as a result of the discussion between then President and the Prime Minister. Another prominent figure who assisted the Parliamentarians in this entire exercise was Dr. Jayampathy Wickramaratne, who was instrumental in drafting the constitutional amendment.<\/p>\n

According to the new agreement, the UNP settled for a constitutional council that had seven Parliamentarians and three independent members representing the civil society of the country. The seven Parliamentarians included the Prime Minister, the Speaker and the Leader of the Opposition. On the other hand, the opposition agreed with the clause stating the President should act on the advice of the Prime Minister when appointing the Cabinet.<\/p>\n

It was with this understanding that the party leaders met for a final meeting before the vote was taken. As the two main parties arrived at a settlement, minor parties, such as the National Freedom Front led by Wimal Weerawans and Mahajana Eksath Peramuna led by Dinesh Gunawardena realized that they had little or no clout over the entire process. They had no option but to vote in favour of the 19th Amendment. That paved the way to pass the constitutional amendment with an overwhelming majority in Parliament. <\/p>\n

Even the most ardent Rajapaksa supporters such as Wimal Weerawansa and Dinesh Gunawardena had to vote for the 19th Amendment, despite their earlier declarations of war on the constitutional amendment. Only Sarath Weerasekera, an ex-Navy officer who was elected to Parliament in 2010, had the gumption to vote against the 19th Amendment, moving against the collective decision of the UPFA. One has every reason to believe that Weerasekera, who is known as an ardent supporter of Gotabhaya Rajapaksa, may not contest the forthcoming election under the UPFA ticket.<\/p>\n

Mahinda Rajapaksa meets Waterloo<\/strong><\/p>\n

It is important to analyze the way the constitutional amendment affect the ‘political future’ of former President Mahinda Rajapaksa. This clearly disqualifies former President Mahinda Rajapaksa from becoming the Head of State again as it restricts his eligibility. Even if he returns to Parliament, the highest rank he can ascend to is the post of Prime Minister. <\/p>\n

The Prime Minister, according to the constitutional amendment, has to work hand in hand with the President and cannot operate independently, exercising executive powers. This prevents him from gaining “absolute power” even if he becomes the Prime Minister of the country, again. <\/p>\n

Blatant display of absolute power was one of the main characteristics of the Rajapaksa regime which ruled the country for nearly a decade and against that backdrop passing of the 19th Amendment can be construed as a hefty blow to the “bring back Mahinda” campaign.<\/p>\n

On the other hand, the vote on the 19th Amendment was a litmus test for President Maithripala Sirisena as it determined the level of control he had over the Sri Lanka Freedom Party. Many assumed that the vote on the 19th Amendment would create a split in the Sri Lanka Freedom Party with a group of MPs acting against the collective decision of the party. President Sirisena prevented any such split, displaying the characteristics of a true leader. <\/p>\n

He listened to concerns raised by every party and addressed their fears in every possible way. At the same time, he convinced the members of his party of the importance of supporting the constitutional amendment. At the same time, there was a fear among members of the SLFP that those who oppose the 19th Amendment would not receive nomination to contest the upcoming election under the UPFA ticket.
\nThe outcome of this whole exercise crystalizes the fact that President Maithripala Sirisena is well-positioned to lead the SLFP at the next Parliamentary election. Although he does not maintain a larger than life image like his predecessor, the President demonstrated that he was in total control over the affairs of the Sri Lanka Freedom Party, despite occasional pro-Rajapaksa squeaks coming from certain sections of the party. <\/p>\n

At a crucial moment, President Sirisena managed to secure a resounding majority within the SLFP. One should not forget the fact that President Sirisena is now leading a party that voted against him at the Presidential election. In that context, what President Sirisena achieved on Tuesday evening was nothing short of a miracle!<\/p>\n

However, the large majority of the UNP MPs were of the view that this was only the first step of a long journey towards democratization. They openly state that the party should seek a fresh mandate at the next election to introduce broader constitutional measures that strengthen Parliamentary democracy.
\n“The agreed composition of the Constitutional Amendment looks perfect at this point as the President and the Prime Minister represent two political parties. <\/p>\n

But, if and when the President, Prime Minister and the Speaker represent the same political party, the ‘balance’ of the Constitutional Council will be a serious question. In a context like that, the ruling party can influence the decision-making process of the Constitutional Council without much difficulty. Therefore, the new Parliament, which will convene after the next Parliamentary election, should introduce corrective measures to address these issues,” a Parliamentarian of the UNP told the Daily News last night. <\/p>\n

Courtesy:Daily News<\/em><\/p>\n

Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"

By Rasika Jayakody Five members representing the country’s legislature today – namely Prime Minister Ranil Wickremesinghe, Ministers Joseph Michael Perera, Gamini Jayawickrama Perera, MP P. Dayarathne and TNA Leader R. Sampanthan – were present in the House when the late J. R. Jayewardene introduced Executive Presidency to Sri Lanka in 1978. Of the five Parliamentarians …<\/p>\n

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