Sri Lanka's never-ending constitutional amendments

The cabinet of Sri Lanka has passed the 21st amendment, in hopes of nullifying the 20th amendment.

Source: AFP

Source: AFP

The cabinet of Sri Lanka passed the 21st amendment to the Constitution on June 20th, which is expected to nullify the 20th amendment. While the 20th amendment grants the President certain broad powers, the 21st amendment nullifies such unchecked powers.

"The 21st amendment was tabled and passed in cabinet today and will be tabled in @ParliamentLK soon. Like to thank @RW_UNP and @wijerajapakshe for pushing it through,"
Minister of Tourism and Lands Harin Fernando tweeted.

This is not the first time the president's powers have been reduced in Sri Lankan history. The 17th, 18th, and 19th Amendments were all revised in the past, making this the third time Sri Lanka has had to limit a President's power.

The 17th amendment, which was passed in 2001 prohibited the President from appointing judges to the upper judiciary; it did allow the President to make appointments, but only with the approval of a Constitutional Council that would be politically independent.

Then came the 18th amendment in 2008, which nullified the 17th amendment's effects. This amendment was proposed by the President at the time, Mahinda Rajapaksa. The 19th amendment came in 2015 and removed the President's ability to fire the prime minister whenever he wanted and reintroduced term limits for the President. Which was again undone with the introduction of the 20th amendment.

The 20th amendment, passed by the Sri Lankan Parliament in October 2020, granted the president complete authority over the appointment of senior judges. The President was also given full control of the Human Rights Commission, the Election Commission, the Police Commission, and the Commission to Investigate Allegations of Bribery or Corruption.

He could also use his power to appoint important legal officials like the Attorney General, Auditor General, and Police Inspector General. The President, cabinet of ministers, and national council are all accountable to the Parliament under the new constitution.

 With protestors on the streets calling for the President's resignation, demand for the 21st constitution has grown as many blame Gotabaya Rajapaksa for the country's economic downfall. With the country's ongoing political and economic turmoil, people are hoping that this reform will alleviate the fuel and food shortages that are disrupting the lives of many all over Sri Lanka.

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