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| 19th Amendment to the Constitution of Sri Lanka | |
|---|---|
| Name | 19th Amendment to the Constitution of Sri Lanka |
| Enacted by | Parliament of Sri Lanka |
| Date enacted | 2015 |
| Signed by | Maithripala Sirisena |
| Country | Sri Lanka |
| Status | Current |
19th Amendment to the Constitution of Sri Lanka The 19th Amendment to the Constitution of Sri Lanka restored and reconfigured several constitutional institutions, curtailed executive powers, and reintroduced checks on the Executive President of Sri Lanka, affecting relations among the Parliament of Sri Lanka, the Judiciary of Sri Lanka, and independent commissions. The amendment emerged from political negotiations among major parties and leaders, and it influenced subsequent constitutional debates involving actors such as Ranil Wickremesinghe, Maithripala Sirisena's cabinet, and the United National Party.
The 19th Amendment was drafted against the backdrop of constitutional developments following the Constitution of Sri Lanka (1978) and earlier reforms like the 13th Amendment to the Constitution of Sri Lanka and the 17th Amendment to the Constitution of Sri Lanka. Political events including the Sri Lankan Civil War, the role of the Presidency of Sri Lanka, and controversies involving figures such as Mahinda Rajapaksa and institutions including the Sri Lanka Armed Forces shaped public debate. Campaigns by civil society organizations, legal scholars from institutions like the University of Colombo and the Sri Lanka Law College, and international actors such as the United Nations and foreign governments influenced the reform agenda. The amendment responded to demands for strengthened oversight from entities like the Election Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, and the Human Rights Commission of Sri Lanka.
Key provisions curtailed powers of the Executive President of Sri Lanka by restoring the independence of commissions established under articles related to appointments and accountability, and by redefining the role of the Prime Minister of Sri Lanka. The amendment reintroduced a Constitutional Council similar to the body envisaged by the 17th Amendment to the Constitution of Sri Lanka to recommend appointments to offices including the Attorney General of Sri Lanka, the Inspector General of Police, and members of the Judicial Service Commission. It limited the President’s capacity to dissolve the Parliament of Sri Lanka within the first four and a half years of a term and addressed the tenure and removal procedures for heads of institutions like the Central Bank of Sri Lanka and the Auditor General of Sri Lanka. Provisions also touched on electoral matters implicating the Department of Elections (Sri Lanka), public administration roles connected to the Public Service Commission (Sri Lanka), and safeguards relevant to the Supreme Court of Sri Lanka and the Court of Appeal of Sri Lanka.
The bill was introduced in the Parliament of Sri Lanka and debated across party lines involving caucuses of the Sri Lanka Freedom Party, United National Party, and minority parties including the Tamil National Alliance and the Sri Lanka Muslim Congress. Committees such as the Committee on Public Petitions and parliamentary select committees reviewed submissions from civil society groups like Transparency International Sri Lanka and academic experts from the Open University of Sri Lanka. The amendment required a special majority under procedures outlined in the Constitution of Sri Lanka (1978), and was signed into law by Maithripala Sirisena following parliamentary approval. International observers, including missions connected to the European Union and delegations from the Commonwealth of Nations, monitored aspects of the legislative process.
Politically, the 19th Amendment altered power dynamics among leaders such as Ranil Wickremesinghe, Maithripala Sirisena, and allies of Gotabaya Rajapaksa, influencing coalition arrangements and cabinet formation practices within the Sri Lankan Parliament. Institutions including the Election Commission of Sri Lanka, the Human Rights Commission of Sri Lanka, and new or reconstituted independent commissions gained enhanced autonomy, affecting oversight of public bodies such as the Central Bank of Sri Lanka and law enforcement agencies like the Sri Lanka Police. The amendment shaped subsequent electoral contests involving parties like the Janatha Vimukthi Peramuna and civil movements including activist networks centered in Colombo and regions such as Jaffna District and Batticaloa District.
Following enactment, parts of the amendment were subject to litigation before the Supreme Court of Sri Lanka and interpretations by the Constitutional Council. Cases involved petitioners ranging from political actors to civil society organizations, and raised issues about separation of powers adjudicated by judges who had served on the Supreme Court of Sri Lanka and the Court of Appeal of Sri Lanka. Judicial reviews examined compatibility with entrenched clauses of the Constitution of Sri Lanka (1978) and precedent from decisions related to the 17th Amendment to the Constitution of Sri Lanka and executive authority disputes involving former presidents. The judiciary’s rulings influenced implementation timelines for provisions concerning appointments to offices like the Attorney General of Sri Lanka and the Judicial Service Commission.
The 19th Amendment itself became a focal point in later constitutional contests, including attempts by figures associated with the Sri Lanka Podujana Peramuna and allies of Gotabaya Rajapaksa to introduce the 20th Amendment to the Constitution of Sri Lanka and proposals debated in the Parliament of Sri Lanka to restore broader presidential powers. Counter-proposals and revisions involved stakeholders such as the Constitutional Assembly, academic bodies at the University of Peradeniya, and advocacy coalitions including People's Action for Free and Fair Elections (PAFFREL). Subsequent reform efforts navigated provisions concerning the Constitutional Council, removal procedures for office holders like the Inspector General of Police, and mechanisms for balance between the Executive President of Sri Lanka and the Prime Minister of Sri Lanka.
Category:Constitutional law of Sri Lanka