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ElaKiri Talk!
Constitutional Reform
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<blockquote data-quote="netlife007" data-source="post: 21037942" data-attributes="member: 79514"><p style="text-align: center"><strong><span style="font-family: 'Georgia'"><span style="font-size: 22px">Constitutional Reform</span></span></strong></p> <p style="text-align: center"></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">The Government on the 19th of November presented to Parliament several reports of subcommittees appointed by them on constitutional reform, which includes reports on centre-periphery relations and police powers.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">The subcommittee on centre-periphery relations was chaired by Mr Dharmalingam Siddharthan Member of Parliament. The report in its introduction states that the unitary character of the constitution is an impediment to the effective functioning of provincial councils. Mr. Dharmalingam Siddharthan has reiterated this position in an interview he had given to the Daily Mirror on 22nd of November. Therefore it appears that the approach of this subcommittee is to propose a structure which is federal in character. We are in total disagreement with this damaging approach and hence reject such an approach.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">The National Joint Committee wish to place on record that we are against any attempt to change the unitary character of Sri Lanka. It needs to be said that the unitary character should not be limited to a mere label to deceive the public, but the contents of the constitution should be unitary in character.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"><span style="color: Red"><strong>In this regard it is necessary to point out that the structure introduced by the 13th Amendment has considerably eroded the supremacy and sovereignty of Parliament and thereby the unitary character of the State.</strong></span> Article 154 G(3) requires a majority of 2/3 of the members of Parliament to repeal or amend any statute passed by a Provincial Council, whereas it only needs a simple majority to repeal or amend its own laws. The Parliament would need a 2/3 majority to only amend the constitution and not amend ordinary laws, thus in effect we have elevated the laws made by Provincial Councils to that of constitutional provisions. Therefore Article 154 G (2) and (3) should be repealed forthwith.</span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px">The 13th Amendment gives to the Provincial Councils legislative and executive powers with regard to 73 subjects included in the provincial and concurrent lists, including police and land powers. It is necessary that Parliament should be able to repeal any legislation passed by a Provincial Council with a simple majority in the same way Parliament can repeal its own laws if it so desires in the National Interest. We therefore wish to state categorically that the impediments placed on the sovereignty of the people by the 13th Amendment should be removed forthwith and restore the unitary character of the State as it existed prior to the 13th Amendment. <strong><span style="color: Red">It is clear from the recommendation of this subcommittee that they are in a process of further deteriorating the unitary character of the State.</span></strong></span></span></p><p><span style="font-family: 'Georgia'"><span style="font-size: 15px"></span></span></p></blockquote><p></p>
[QUOTE="netlife007, post: 21037942, member: 79514"] [CENTER][B][FONT=Georgia][SIZE=6]Constitutional Reform[/SIZE][/FONT][/B] [/CENTER] [FONT=Georgia][SIZE=4] The Government on the 19th of November presented to Parliament several reports of subcommittees appointed by them on constitutional reform, which includes reports on centre-periphery relations and police powers. The subcommittee on centre-periphery relations was chaired by Mr Dharmalingam Siddharthan Member of Parliament. The report in its introduction states that the unitary character of the constitution is an impediment to the effective functioning of provincial councils. Mr. Dharmalingam Siddharthan has reiterated this position in an interview he had given to the Daily Mirror on 22nd of November. Therefore it appears that the approach of this subcommittee is to propose a structure which is federal in character. We are in total disagreement with this damaging approach and hence reject such an approach. The National Joint Committee wish to place on record that we are against any attempt to change the unitary character of Sri Lanka. It needs to be said that the unitary character should not be limited to a mere label to deceive the public, but the contents of the constitution should be unitary in character. [COLOR=Red][B]In this regard it is necessary to point out that the structure introduced by the 13th Amendment has considerably eroded the supremacy and sovereignty of Parliament and thereby the unitary character of the State.[/B][/COLOR] Article 154 G(3) requires a majority of 2/3 of the members of Parliament to repeal or amend any statute passed by a Provincial Council, whereas it only needs a simple majority to repeal or amend its own laws. The Parliament would need a 2/3 majority to only amend the constitution and not amend ordinary laws, thus in effect we have elevated the laws made by Provincial Councils to that of constitutional provisions. Therefore Article 154 G (2) and (3) should be repealed forthwith. The 13th Amendment gives to the Provincial Councils legislative and executive powers with regard to 73 subjects included in the provincial and concurrent lists, including police and land powers. It is necessary that Parliament should be able to repeal any legislation passed by a Provincial Council with a simple majority in the same way Parliament can repeal its own laws if it so desires in the National Interest. We therefore wish to state categorically that the impediments placed on the sovereignty of the people by the 13th Amendment should be removed forthwith and restore the unitary character of the State as it existed prior to the 13th Amendment. [B][COLOR=Red]It is clear from the recommendation of this subcommittee that they are in a process of further deteriorating the unitary character of the State.[/COLOR][/B] [/SIZE][/FONT] [/QUOTE]
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