Reforms to disqualify crossovers

6 February 2015 08:39 pm - 55 - {{hitsCtrl.values.hits}}

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The proposed constitutional reforms if enacted will disqualify MPs who cross over from party or independent group, Daily Mirror learns.

A discussion paper on the constitutional reforms has been distributed among leaders of political parties in represented in Parliament.

According to the reforms, the President is the Head of State, the Head of the Executive and the Commander-in-Chief of the armed forces. The President will act on the advice of the Prime Minister except in cases exempted by the Constitution.

The presidential term has been limited to five years in the proposed changes to the Constitution and can be removed by a no-confidence motion passed with a two-thirds majority.

During the term of the office of the present President, the subjects of Mahaweli Development and Environment will be assigned to him.

The Prime Minister is the Head of the Government while the number of Cabinet Ministers has been limited to 30 and the number of state and deputy ministers should not exceed 40.

The reforms propose that the Term of Parliament will be five years. It can be dissolved within the first four years and six months only upon a resolution to that effect with a two-thirds majority.

Provisions relating to the Constitutional Council and independent institutions repealed by the 18th Amendment will be reinstated.

It has been proposed to set up a Council of State to make recommendations to the President and the Cabinet of Ministers on the implementation of matters in the policy statement of the government and adherence to the principles of good governance.

This council will consist of 35 members and appointed jointly by the Prime Minister and the Opposition Leader while 20 members will be selected from the political parties and independent groups in Parliament. One seat will be assigned for a party not recognized in the House.

A new electoral system -- a mix of the first-past-the-post system and proportional representational (PR) system has been proposed in the new constitutional reforms, Daily Mirror learns. The preferential voting, system will be scrapped if these reforms are incorporated in the constitution while dual citizens will be disqualified from being elected to the post of President or to parliament.

The proceedings of the parliamentary committees including the COPE and PAC (Public Accounts Committee) will be open to the public. Parliamentary Bills once passed will be certified by the President. There won’t be urgent Bills. An all-party committee will discuss the changes proposed for the electoral system.

The committee is expected to discuss the ratio between the number of members to be elected from the constituencies and the number under the PR system. The number of seats from the PR system will be decided on the basis of all valid votes or votes polled by the losing candidates. (KB)

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Comments - 55

M.I.MIqbal Saturday, 07 February 2015 03:04 PM

I think this is one of the wisest piece of legislation proposed by this Government to prevent large scale plunder of national wealth Ibba

damithw Saturday, 07 February 2015 10:58 AM

agree...we cant use the best sri lankan brains now in overseas. we should encourage them to come back and involve in politics and develop the country..I think MS bring this rule , not to repeat what MR did.

justin Saturday, 07 February 2015 11:00 AM

Al MPs should be university graduates. Add this too pls..

Sinhabahu Saturday, 07 February 2015 11:14 AM

Hello Wije, This is nothing peculiar to Sri Lanka. It is so in many countries. Dual citizenshio entails dual loyalties and we cannot have such dualities in the supreme legislature. Their ideas are always welcome and there will surely be so many forums for them to be engaged in.

Psycho Saturday, 07 February 2015 12:17 PM

It is very promising and it is a good thing that dual citizens should not be allowed to contest. Even for citizens they should have a clause that they should have lived continuously for 10 years here. This should stop opportunists creeping in.Another amendment should be that all parliamentarians must have at least a basic dingireeso as to avoid muts deciding our future.

Simple mind Saturday, 07 February 2015 12:24 PM

So you want people like Basil to come?

Voter Saturday, 07 February 2015 12:39 PM

A good move to disqualify persons with dual citizenship for the parliament as it is hard to find out to which country their loyalty lies. for eg. In USA the oath is "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.".

So those who take or took that oath sometimes cannot support Sri Lanka. Many other countries have similar Oaths.

lkboy Saturday, 07 February 2015 12:42 PM

Should be a gradual process. good work.

citizen Saturday, 07 February 2015 01:07 PM

Seems good ideas but one thing about cross overs: There should be a room for the MPs of ruling party(government) if they do not agree work or ploicies oppose and sit in the opposite side without being lost their seat. That is an essential part of democracy and good governance. However crossing from opposition to government should pave the way to lose the seat in parliament.

politikka Saturday, 07 February 2015 01:12 PM

They can become politicians in countries they live.

Suje Saturday, 07 February 2015 02:20 PM

The provisions relating to constitutional council and or independent institutions need to be amended to prevent deliberate non appointment or delaying the appointment of any new members when one term expires.

maf Saturday, 07 February 2015 02:21 PM

The president is elected by peoples vote and should be removed only by another presidential election and not by the parliament albeit by 2/3 majority If there is a 2/3 majority to remove the president, then there should be another election for people to elect a president and the incumbent president should be allowed to contest again to see whether the people agree with the parliaments decision to remove the president.

kuthbuddun Saturday, 07 February 2015 02:41 PM

if a person wants represent the people in the parliment he should have qualified with education in political science and good governance .that person should be then given to contest the places where he wants to.it should be done by the election department .

happz Saturday, 07 February 2015 02:57 PM

exactly!

srian Saturday, 07 February 2015 10:48 AM

Where would their greater loyalty lie..country of birth or adopted country/

adhlan Saturday, 07 February 2015 03:05 PM

see, basil came, plundered and the moment his bro lost the election he did not even spend a week in SL

Abdul Rasool Saturday, 07 February 2015 03:18 PM

People voted to the president expecting a change towards good governance. It can not be achieved until crossovers of MPs are prohibited by the constitution.

Raj Saturday, 07 February 2015 03:23 PM

If they want to enter politics in SL , they must renounce their dual citizenship and become as a SL citizen only.

Dr HONDA HITHA Saturday, 07 February 2015 04:08 PM

It appears all core issues being addressed.However there should be clear law/order with respect to cross overs(I would say most appropriate word is BUY OVERS).There should be a provision for cross overs but He/She must loose their respective electorate and there should be a By Election.For national list its very clear he or she must loose his or her parliamentary membership as well as part membership.

Prasanna Saturday, 07 February 2015 05:27 PM

I like to see more Laws included on transparency of Income and Expenditure, Approval of Tenders by Auditors and special Advisory Boards to Ministries.

T Wickramaratna Saturday, 07 February 2015 05:42 PM

A good education and good character should be a must to qualify for nominations.

Punchi Malli Saturday, 07 February 2015 05:59 PM

Please include these conditions as well.1. A person who held the position of President should not be allowed to actively participate in politics or contest for parliamentary seats thereafter.2. There should be a gap of minimum 1 year for parliamentary and presidential election. If not both should happen together.3. Provincial council election should happen for all provinces on a same day

Das Saturday, 07 February 2015 07:33 PM

Most important, all MPs must publicly declare assets each year.All must pay taxes. Those who do not want to adhere to these two conditions are not fit to be MPs ,and should go home and a by-election held.

KUMARAYA Saturday, 07 February 2015 10:51 PM

SHOULD BAN CLERGY FROM ANY RELIGION TO ENTER PARLIAMENT OR CONTEST PRESIDENCY.

Mevan Sunday, 08 February 2015 12:58 AM

I came, I plundered and I ran.-- BR.

Amare Sunday, 08 February 2015 09:54 AM

Like Mr Attanayake ... he he

Amare Sunday, 08 February 2015 10:00 AM

Where is the democracy there - someone who is not able to educate themselves for various reasons, are deprived. Then comes the question the values of degrees. You will understand there is a difference between different degrees.The fundamental stance should be - criminal records and that has to be reviewed by an independent commission. In Sri Lanka there have been many instances where people were made criminals. e.g. Sarath Fonseka and people who have clean slates but are criminals .... (you can name who ever you want)

APH Sunday, 08 February 2015 12:46 PM

Earlier also it was so in the 78 constitution. Sarath Silva was the person who changed that by a bad judgement. It is very good to re inact it.

min Saturday, 07 February 2015 09:15 AM

you mean people like gota, basil, dallas and chandima rasaputhra?

Raj Saturday, 07 February 2015 02:50 AM

hope that SL will remain unitary and priority be given to buddhism via DM Android App

Rohana Saturday, 07 February 2015 03:17 AM

30 ministers, 40 State and deputy, 30 council members ? When you have 70 dumb heads you need 30 to council? same son all the time?

Mevan Saturday, 07 February 2015 04:09 AM

In the reforms, a person who held the position of President twice should not be allowed to actively participate in politics or contest for parliamentary seats thereafter.

gobbaya Saturday, 07 February 2015 04:50 AM

far reaching amendments...getting the current lot to vote for it will require a carrot & stick approach....modawansha can create doubt asking why the unitary state is not mentioned in the propsals....... via DM Android App

Punchirala Saturday, 07 February 2015 04:57 AM

Good signs for an emerging peaceful nation.

Bala Saturday, 07 February 2015 05:59 AM

Most importantly this must be open for public discussion and comment at least a week as the civil society (the most affected by this) should give their view

Hj Saturday, 07 February 2015 06:49 AM

Srilanka on the right track.

Waco Saturday, 07 February 2015 07:24 AM

Any one should have the the freedom to cross over at the end of the Parlimentry period, just before an election.

myraspi Saturday, 07 February 2015 07:47 AM

Good move.

Suggestion Saturday, 07 February 2015 07:57 AM

How about the following please:1 Basic Qualifications Not Less then G.C E Advanced Level with 4 Credits.2 No Crime Records or Pending Cases and on Bail - Automatic disqualification.3 Age Limit of 65 - 70 once reached 70 automatic Retirement4 No Liquor License Holders5 From Any Immediate Family not more than 2 members, that is Maximum of 2 ( Husband, wife, Children and Siblings, and Grand Children )

Nihal Amarasekera Saturday, 07 February 2015 07:58 AM

Looks pretty progressive, whatever done should be for the good of the common man.

G.M.Jayawardena Saturday, 07 February 2015 08:29 AM

Disqualify the elected MPs for crossing the parties or sides is indeed a good move because the crossing is against the voters wish. This is worthier than scrapping the executive powers of the president. While setting up independent institutions care needs to be taken especially for the legal and justice to avoid unnecessary interference to parliamentary system as in Pakistan. The recent incidents in the Parliament of Pakistan; dissolving the elected parliament and removing the president are the good examples.

wijebahu Saturday, 07 February 2015 08:43 AM

All good except dual citizens cannot become parliamentarians. this will limit people who lived in overseas and have excellent ideas based on there experience living in developed country to become politicians.

cheers Saturday, 07 February 2015 02:51 AM

so you are not going to get rid of the executive presidency ha have got the taste now

CS Saturday, 07 February 2015 09:18 AM

I suppose even dual citizens can suggest ideas through various means if they do really want to and the government can get them down to work as chairmans/etc. I feel this is a good move to not have dual citizens in parliament otherwise it create room for them to do anything and run back when things go wrong and also to manupulate.

Prince Saturday, 07 February 2015 09:31 AM

If people with dual citizenship wants to contest< then they should relive the citizenship of anther country. They can be advisors with dual citizenship but not office bearers. Any person with proven criminal records should not be allowed to enter parliament< education should also be a factor not only to parliament but government positions too. A person with political experience lets say 10 years and has a clean record should be exempted< that is if required. Crooks, rapist, drug dealers, terrorist connected persons, should not be allowed to get nominations by election commissioner,

Bala Saturday, 07 February 2015 09:32 AM

It s not that simple - national policy

beewhy Saturday, 07 February 2015 09:56 AM

The dual-citizenship issue is the way to go......looking at the past the most undesirable policies came from the so carried two passport holders....worse they abandoned the ship within hours....because they always have a better shore to escape....they are not genuine with their commitment...

Sarath Saturday, 07 February 2015 10:04 AM

I agree wit you. But to join with present day politicians in sri lanka the educated people with experience abroad would find it difficult unless a good political culture with discipline is developed and maintained.

kamal Saturday, 07 February 2015 10:06 AM

Hope contesting for more than 2 terms for the president will be abolished? Looks it is happening as we thought so far, please keep your words as promised in 100days. All the people voted for the change are still feel happy, so do not break this going for the goodness.

Senator Saturday, 07 February 2015 10:11 AM

Not necessary to be in parliament. They can still give help the country in many other ways.

Damien Perera Saturday, 07 February 2015 10:21 AM

That means no question of "Family" Rule.

Patriot Saturday, 07 February 2015 10:32 AM

Exactly... this is the downside of this proposal; However, most Sri Lankans think they know the best! :(

Mohammed Saturday, 07 February 2015 10:41 AM

The best one is skipping the dual citizens to contest.....its not necessary to have citizenship in another country to know about the development...

tilak Saturday, 07 February 2015 10:42 AM

all other proposals are ok except the matter " urgent bills" . I think we must consider the fact of present global security. Specially when it come to extremist elements. Every person who in Sri Lanka or visited Sri Lanka suffered from extremist within the country and now international extremist groups are raising there head around the globe.Therefore I suggest it should be amended to read with exceptions to matters relating to national security, global security and unity of the country. Over to you all government advisers.

lima Saturday, 07 February 2015 10:42 AM

YES, THESE DUAL CITIEZENS TOOK UP RESIDENCES DUE TO INTIMIDATION BETWEEN 2005 AND 2014. NOW THEY ARE COMING BACK TO HELP MOTHER LANKA , HOW CAN ONE DENY THEIR RIGHTS

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Reforms to disqualify crossovers

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