NCC concerned OVER manner 20A being introduced

In a statement to the media the National Christian Council of Sri Lanka (NCCSL) has expressed deep concern over the manner in which the 20th Amendment to the Constitution is sought to be introduced and several substantive provisions of the amendment itself.  

The statement reads:   

The Government has decided to table the 20th Amendment Bill, while also announcing that changes will be made to the Bill during the Committee stage process in Parliament. It has not stated what changes will be made. Since the Constitution only provides a brief period for judicial review of Bills and prohibits post enactment judicial review, Committee stage amendments will in effect be immune from both public and judicial scrutiny before they are adopted.   

This violates basic features of transparency, accountability and constitutionalism and betrays the promise made by several Government ministers that the public will be informed and consulted before Constitutional Amendments are introduced. The 20th Amendment Bill seeks to repeal many features of the 19th Amendment. Not all of the 19th Amendment’s features were flawed. The positive features should be retained.   

We urge the government to review the following aspects of the 20th Amendment:   

The introduction of a weak Parliamentary Council to replace the Constitutional Council is a retrogressive step. The President is only required to seek the observations of the Parliamentary Council.   

This in effect gives the President sole discretion to appoint persons to the superior courts and all the independent commissions. This will undermine their independence. The independence of the Judiciary and Commissions responsible for Elections and Human Rights are essential prerequisites for the Rule of Law and democratic and accountable governance.   

The reintroduction of the provision that enables the President to dissolve Parliament one year after a parliamentary election, undermines the powers of the Legislature.   

Since one of the main objectives of a Constitution is to protect and empower the people vis-a vis the government, all amendments to the 20th Amendment should be made accessible to the public so that their views can be considered before the Amendment is debated in Parliament.