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Sri Lanka to Draft New Constitution, Abolish 19th Amendment

The Sri Lankan President Gotabaya Rajapaksa recently announced, during the inaugural session of Parliament, plans to draft a new Constitution and abolish the 19th Amendment. This amendment, originally implemented to reduce presidential powers and strengthen the role of Parliament, is viewed by some as an obstacle to Rajapaksa’s consolidation of power.

The 19th Amendment

The 19th Amendment, passed in 2015 under President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe’s term (2015-2019), sought to limit the President’s executive powers, increase the independence of key pillars such as the judiciary, public service, and elections, and reintroduced a two-term limit on the Presidency. It was applauded by many as a progressive step in contemporary Sri Lankan politics, but also faced criticism in some areas. However, the Rajapaksa camp views its clauses as an attempt to stop their return to power.

The 19th Amendment also prevented dual citizens from running in elections, which at the time included two members of the Rajapaksa family. Abolishing this Amendment would strengthen Rajapaksa’s control, as the country would revert to its previous constitutional status, allowing the President to appoint police, judiciary, and public service officials and dissolve Parliament after one year.

New Constitution Proposal

In his announcement, President Rajapaksa revealed that the new Constitution will prioritize the concept of “one country, one law for all the people.” With Sri Lanka’s constitution already having been changed 19 times since 1978, causing widespread confusion, changes are needed to ensure the stability of Parliament and maintain the positive aspects of the proportional representation system.

Rights activists, however, interpret this proposed change as an attempt to further empower the SLPP and the primarily Buddhist – Sinhalese-speaking Rajpaksha electorate. The Rajapaksa family, who dominated the government from 2005 to 2015, presided over the peak of the country’s long civil war (1983-2009), pitting the largely Buddhist Sinhalese-dominated government against Tamil rebels seeking a separate state.

India – Sri Lanka Relations

Relations with India have remained complex. Recently, the Reserve Bank of India has extended a $400 million currency swap facility to Sri Lanka to boost its foreign reserves and ensure economic stability amid the Covid-19 pandemic. India had also sent four consignments of essential medication and equipment in April and May 2020 to support Sri Lanka’s pandemic response.

Additionally, India’s flagship housing project in Sri Lanka has committed to construct 50,000 houses for those affected by the civil war and for plantation workers. Joint military and naval exercises are conducted between the two nations, with practical arrangements in place to address instances of fishermen crossing the International Maritime Boundary Line.

Issues persist, however, as the Rajapaksa brothers have been less attentive to India’s requests for devolving powers to Tamil areas post-civil war. The new rulers are also acutely aware of India’s disputes with China and continue to use China as leverage against India.

Facing Forward

In charting its future, Sri Lanka’s new Constitution-making process under the current Government is expected to enhance the country’s democratic structure and provide an inclusive platform for prosperity for all. On its part, India can push for reconciliation efforts for Tamils in Sri Lanka while remaining sensitive to Sri Lanka’s security concerns.

Last Modified: February 8, 2024

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