The Remaking of the 1978 Constitution: The 19th Amendment
Both constitutional replacement and constitutional amendment can have significant impacts and in 2015, the 1978 Constitution was radically transformed through an amendment passed in May that year.
The amendment followed the procedures laid down in the Constitution for amendment, including review by the SC.The 19th Amendment to the Constitution (19A) was passed in May 2015. The Amendment reduced the President’s and Parliament’s term from six to five years; restored the two-term limit on holding Presidential office;[1532] and provided that the President cannot dissolve Parliament before four and a half years of its term. It prohibited the removal of the Prime Minister from office by the President at will and made the President’s official acts subject to the SC’s fundamental rights jurisdiction. The President was precluded from holding cabinet portfolios and the size of cabinet was capped at 30. The 19A reintroduced the Constitutional Council, which either proposed or vetted appointments to independent commissions and the judiciary.
Of the 225-member legislature, 215 members voted in favour across the political spectrum. Nine members abstained, and one member voted against. The 19A was passed within four months of the 2015 Presidential election where a previously highly popular President was deposed by his rival. Even though the new President’s party did not have a Parliamentary majority at that time, the political momentum generated by this transition helped build consensus across party lines and facilitated the transformation of the Constitution. Had it been postponed for a later stage the change would not have occurred. One of the compromises struck was on presidentialism. While many favoured its abolition and the installation of a ceremonial President, others opposed this. 'lhe compromise resulted instead in a significant dilution of powers.
For a brief period, Sri Lanka experienced a vibrant constitutional culture, a tolerance of dissent and the re-emergence of robust institutions.[1533] It also enabled the adoption of key legislation on the right to information and transitional justice.[1534] However, poor governance, personal rifts between the President and Prime Minister, and the Easter bombings of April 2019, created a momentum for change and the return to a strong Presidential system with a growing perception that the hybrid system was not working.
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