Parliament begins debate on second reading of 22A draft bill
October 20, 2022 11:42 am
The two-day parliamentary debate on the Second Reading of the 22nd Amendment to the Constitution Bill commenced a short while ago.
The parliament convened at 9.30 a.m. this morning.
The Second Reading debate on the 22nd Amendment to the Constitution Bill is taken up for debate until 5.00 p.m. this evening. Subsequently, time has been allotted from 5.00 p.m. to 5.30 p.m. for the Motion at the Adjournment Time moved by the Opposition.
At the end of the debate tomorrow (Oct. 21), a vote is scheduled to be held on the Second Reading of the 22nd Amendment to the Constitution Bill until 5:30 p.m.
The bill was approved for its second reading at the Ministerial Consultative Committee on Justice, Prison Affairs and Constitutional Reforms held on Oct. 04.
Later, the Committee on Parliamentary Business, which met under the chairmanship of Speaker of Parliament Mahinda Yapa Abeywardana, decided to schedule the debate for Oct. 20 and Oct. 21.
The constitutional amendment is expected to empower Parliament over the executive president and annul the 20A to the Constitution, which had given unfettered powers to President after abolishing the 19th Amendment.
Under the 22A, the President, the Cabinet of Ministers and the National Council will be held accountable to the parliament. Fifteen Committees and Oversight Committees are also accountable to parliament.
The 22nd constitutional amendment comprises features of both the 19th amendment introduced by the Yahapalana Government and the 20th amendment brought forth under the presidency of Gotabaya Rajapaksa.
As per the draft Bill, a Constitutional Council will come into effect and it will consist of members including the Prime Minister, the Speaker of Parliament, the Opposition Leader, a Member of Parliament appointed by the President, two members nominated by both the Prime Minister and the Opposition Leader. The council will be chaired by the Speaker.
The Public Service Commission, the National Police Commission, the Audit Service Commission, Human Rights Commission, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission and the National Procurement Commission shall be responsible and answerable to the parliament. However, Election Commission is not.
As per this amendment, no person shall be appointed by the President unless such appointment has been approved by the council upon a recommendation made to the council by the Head of State in instances of appointing the Chief Justice and the judges of the Supreme Court, the president and the judges of the Court of Appeal, the members of the Judicial Service Commission other than its chairman.
The same is applicable when appointing the Attorney General, the Auditor General, the Inspector-General of Police, the Central Bank Governor, the Parliamentary Commissioner for Administration and the Secretary-General of Parliament.
The 22nd constitutional amendment abolishes the ability of a dual citizen to be appointed as a Member of Parliament.
It also includes provisions of the 20th amendment that the number of Cabinet Ministers shall not exceed 30 and the number of ministers who are not members of the Cabinet and Deputy Ministers shall not exceed 40.
However, if a recognized political party or an independent group which obtains the highest number of seats in parliament forms a national government, the number of ministers in the Cabinet, the ministers who are not in the Cabinet and Deputy Ministers shall be determined by the parliament.
Meanwhile, the Supreme Court earlier determined that some provisions of the draft of the 22nd Amendment to the Constitution are inconsistent with the Constitution. Accordingly, the Supreme Court arrived at the conclusion that the draft constitutional amendment needs to be passed by a special majority and a referendum or the clauses in question should be amended. The draft of the 22nd Amendment to the Constitution was challenged in the Supreme Court in terms of Article 120(1) (1) of the Constitution.
