Govt. rift deepens President overrides Justice Minister, clarifies 22A

• President presses ahead with gazetting 22nd Amendment to the Constitution   
• Rules out any plan to postpone elections   
• Emphasises that is a move only to correct an oversight occurred in 19A  

By Kelum Bandara   

In what appeared to be a conflict of opinion within the Cabinet, President Ranil Wickremesinghe defied Justice Minister Wijeyadasa Rajapakshe and went ahead with the publication of the ‘22 Amendment to the Constitution Bill ‘ in a gazette notification last afternoon.

  
It happened a day after Minister Rajapakshe told the press that he would not proceed with the announcement of the bill in the gazette notification until the presidential election is over as otherwise it would create confusion in the minds of the people in the run-up to the Presidential Election.  

Asked for a comment in this regard, Wijeyadasa said he intended not to proceed with the bill because it would lead to confusion only at this hour.  

He said the President, as the head of the Cabinet, however, had gazetted it yesterday.  
Asked what he would do next, the Minister said, “I will let you know in due course.”  

In response to a query about the President’s move, former Finance Minister Ravi Karunanayake who is close to the President said the new bill is meant only to correct a constitutional error in the enactment of the 19th Amendment to the Constitution in 2015 and it has nothing to do with the postponement of the election.  
“There is no move to postpone the elections,” he said.   

Asked what would happen in case the Supreme Court determines that it should be referred to approval of people by referendum, he said, “Then so be it. It has nothing to do with the postponement of the elections.”  
President Wickremesinghe is reported to have clarified his position to his close links that he does not intend to postpone elections.   

The relevant gazette notification was issued on July 18, 2024, to amend Article 83 (b) of the Constitution. According to clause 2 of the bill, Article 83 (b) of the Constitution is amended by the substitution of the words “to over six years,” of the words “to over five years.  

Once it is gazetted, it will be presented in Parliament. Afterwards, any party can challenge the constitutionality of the bill. Only the Supreme Court is authorised to determine whether the bill can be passed only by two-thirds in the House or with the approval of the people by a referendum in addition to two-thirds.  

If a referendum is to be declared during the presidential election, it will be a challenging task for the Election Commission to conduct both simultaneously. Also, the government has to secure two-thirds in Parliament.  
Mr. Rajapakshe’s intention to contest the Presidential Election despite being part of President Wickremesinghe’s Cabinet has now led to an open confrontation, potentially widening the rift between him and the President.  
The move by President Wickremesinghe can be seen as a strategic step to assert his authority and perhaps undermine Mr. Rajapakshe’s political ambitions, setting the stage for a contentious and unpredictable election season.   

Meanwhile, the President, in a public address, said yesterday that he regrets that this constitutional oversight could not be corrected at that time when the 19th Amendment was enacted.