Power Play


Written by Fahmida Ashraf • Region • November 2010

After the historic victories during the presidential election in January 2010 and parliamentary elections in April 2010, President Rajapakse experienced his third political victory on September 8, 2010 when the Sri Lankan parliament passed the proposed 18th Constitutional Amendment with a two-third majority making President Rajapakse ‘an all powerful sovereign head of state.’ According to the 18th amendment the President can now seek re-election for the third term. Under the 17th amendment, which has now been repealed, the President could serve a maximum of two six-year terms. Another major change under the 18th amendment is that the president will now be attending parliament sessions once in every three months. Though not entitled to vote, the President has the right to address and send messages to the parliament.

According to government sources this would make the President accountable to the parliament. Furthermore, under the new amendment members of various Commissions such as, Election Commission, Public Service Commission, National Police Commission, Human Rights Commission, and Finance Commission will now be nominated by the President in consultation with the Prime Minister, Speaker, and leader of the Opposition. Moreover, Chief Justice, Judges of Supreme Court, members of judicial service, Attorney General, and Judges of the Court of Appeal will also be nominated by the President. Under the 18th amendment the nine-member Constitutional Council has also been replaced by a five-member Parliamentary Council, including Speaker, Prime Minister, leader of the Opposition and two other members representing ethnic groups in Sri Lankan parliament.

This is for the first time, since 1977, that the Sri Lankan government got two-third majority in the parliament, as some opposition members also voted for the amendment. The amendment was passed with 161 votes in favor and 17 against it. Apart from the ruling United People’s Freedom Alliance (UPFA), those who voted in favor include members of Sri Lankan Muslim Congress (SLMC), an ally of the Opposition; seven members of the United National Party (UNP), the Opposition party; and leader of the Tamil National Alliance (TNA). With the approval of the 18th Amendment President Rajapakse enjoys more freedom in executing his powers. He is now in a stronger position to work for national reconciliation, good governance, economic development, and strengthening of democratic institutions in the country. It is to be seen whether President Rajapakse works rationally or misuses his powerful position.

Since the presidential and parliamentary elections, the opposition parties and various Sri Lankan analysts have been expressing the fear that the President was working for constitutional changes to extend the term of the Presidency to give him a third term in office and for getting ‘extreme power’. The UNP opposing the 18th amendment regarded it as ‘a move to strengthen the powers of the President’. According to Sri Lankan analyst, Rohini Hensman, the amendment has ‘changed Sri Lanka into a de facto dictatorship’. Sri Lankan analyst Prof. Ashely L. S. Perera in his article published in Sri Lankan Guardian has argued that the amendment has ‘virtually made President the equivalent of a monarch’. Sri Lankan analyst Tisaranee Gunasekara in his article published in Himal South Asia, has opined, ‘The 18th Amendment to the Constitution is a sui generic piece of legislation, designed to suit the politico-dynastic requirements of the president and his family’. Some Sri Lankan analysts are of the view that President Rajapakse wants to stay in power till his son amasses enough support to succeed him. The fear that President Rajapakse is interested in ‘extreme power’ to establish dynasty rule is based on some initial decisions taken by the President. For example, his decision to allocate ministries to some of his close family members elected during the parliamentary elections.

Greater powers under 18th amendment has not only strengthened President Rajapakse’s position but has also increased his responsibility to act rationally and adopt a balanced approach while dealing with the national problems.