Constitution making -- Steering Committee to submit report soon

Dr. Jayampathi Wickramaratne, who is a member of the Steering Committee on Constitutional Reforms, said yesterday the 21-member Committee would submit a report to the Constitutional Assembly (CA) in two weeks outlining the progress in the constitution-making process.

He told reporters that the drafting of the new Constitution was still in its preliminary stages.

“The six steering committees appointed by the CA are still deliberating on the main subjects such as the State, Sovereignty, Executive Presidency, Electoral System, the Territory of the Republic, Human Rights and Fundamental Rights of the people, devolution of power and so on,” he said.

Dr. Wickramaratne said the views expressed at the news briefing were his own and of none other.

"The first draft will be made after the CC discusses them preceded by the discussions at the sub committees and the public dialogue carried out countrywide," he said.

Responding to a journalist, Dr. Wickramaratne said he was of the view that land and police powers should be devolved to the provinces with the centre having the power to act appropriately under the Constitution in case a provincial council acted arbitrarily violating the Constitution.

“The provincial police force must be given the power to act independently with full administrative authority for recruitment, transfers and taking disciplinary action. The centre and the province must be barred from intervening in police investigations and only the Courts and the Attorney General must have the authority on any judicial matter arising from police inquiries,” he said.

Dr. Wickramaratne said most of the problems with regard to land matters would not have arisen if the government took steps to constitute the National Land Commission under the provisions of the 1978 Constitution.

"Proposals have been received on the Constitutional making process from various organizations and individuals during the public hearing and several views have been expressed on the federal system of governance, unitary character of the state, executive presidency, power devolution with views for and against," he said.

Dr. Wickramaratne said while devolving maximum possible powers to the provinces, there must be a constitutional mechanism for intervention by the centre if and when a province carries out a ‘Unilateral declaration of Independence’ (UDI) such as what was done by former Eastern Province chief minister Vardaraja Perumal in 1990.

Commenting on the status of religion, he said there was no state religion in Sri Lanka but a first and foremost place was given to Buddhism while protecting and promoting other religions.

“I don’t see the need for any change of this policy in the new Constitution. With the Prime Minister responsible to the legislature having executive powers, a ceremonial President or the Head of State is possible in the new Constitution who can act discreetly and intelligently in a constitutional crisis," he said.

Responding to another question, he said no firm decision had been taken whether it would be a fully fledged new Constitution or amendments to the current Constitution.

"But what is most important is that the new Constitution must address the grievances of all communities in Sri Lanka while bringing sustainable peace, inter-communal harmony and national prosperity while fulfilling the aspirations of all. No one can draft a Constitution to satisfy the entire population. There may be shortcomings and weaknesses in the new Constitution and even it will not be a permanent. But the new Constitution should be drafted under the principles of subsidiary and compromise and added a referendum was not necessary if the new Constitution is approved by the CC with a two-thirds majority," Mr. Wickramaratne said. Pic by Damith Wickramasinghe. (Sandun A Jayasekera)