Jayampathy calls for completion of process to abolish Executive Presidency

• Wants Parliament to support process to complete the task begun in 2014 
• Says despite President’s statement, abolishing 18A cannot be done 
• Warns even after next Presidential Election, divisions between Executive and Legislature will not improve   
• Accepts 19A could have been stronger if omitted clauses were allowed  

United National Party (UNP) MP Dr. Jayampathy Wickramaratne on Thursday called on Parliament to support the completion of the project to abolish the Executive Presidency, which started in 2014, as the best way to resolve the clashes between the Executive and Legislature. 

Referring to the 19th Amendment, which was passed at a time the Government lacked a majority in the Parliament, Dr. Wickramaratne accepted that more could have been done if the provisions omitted were allowed. 

“When the 1978 Constitution was drafted, the late Colvin R. de Silva held that the apex of the state should not have competing powers. So, this is what has happened now, and these two are competing. Diluting the 19th Amendment also brought issues. When we discussed the 19th Amendment Bill, it was debated at different verticals. The Government lacked the simple majority. This initial draft was done by a Cabinet Sub-Committee. Some members of both sides raised objections on certain clauses. Especially, there was debate about the continuation and the abolishing of the Executive Presidency, which has become a stumbling block. Electing the President and the Prime Minister from two different political parties will not solve this issue,” he said.

“The only option available is for us to complete what is pending. President Sirisena held that he will abolish the Executive Presidency, and has reconfirmed it many times. Now he says the 18th and the 19th Amendments are wrong, and both should be abolished.

Jayampathy...

 The 18th Amendment is no more, and there is nothing to abolish in it. Even if we want, we are unable to go back to the full-powered Executive Presidency easily,” he added.

Highlighting historical examples of a good relationship maintained between the Executive President and the Prime Minister, he said: “This is different from the situation when D.B. Wijetunga held the office of Prime Minister under President R. Premadasa, and D.M. Jayarathne holding the office of Prime Minister under President Mahinda Rajapaksa. Those Prime Ministers had no powers. They were appointed and was removed by the President.”

According to Dr. Wickramaratne, even after the next Presidential Election, the situation will not get better, unless the full cycle of the abolishing of the Executive Presidency is completed. 

“After January 2020, the powers of the Executive President will further reduce to a certain level where he or she will not be able to hold Ministerial portfolios while holding the office of President. Today the President can put any State institution under his purview, but this will not be possible from next January. However, he will have all other powers, and continue to be the Commander in Chief and the head of the Cabinet of Ministers. Most importantly, the President will be able to continue conducting all things against the Legislature, which is now what we face in Parliament,” said Dr. Wickramaratne. (AH)