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The initiative for constitution making did not take passage through Parliament last Tuesday because the debate was adjourned till January 26. The Government, comprising the United National Party (UNP) and a segment of the Sri Lanka Freedom Party (SLFP), intended to adopt it on January 9 at a special parliamentary session to initiate the process of evolving a new Constitution to coincide with the first anniversary of President Maitripala Sirisena in office. (1).jpg)
It did not come to pass as originally planned because political parties and groups including the SLFP section in alliance with the government had strong reservations about the content of the resolution. The Joint Opposition sought a radical departure from the original resolution and insisted on strict adherence to the procedure laid down in the present Constitution and the parliamentary standing orders. Alongside the SLFP faction in government also wanted to propose certain changes to the resolutions.
Subsequently, it was found that the two sets of amendments had a partial overlap. The SLFP ministers agreed to incorporate the Joint Opposition amendments in theirs. The debate got underway in the House on Tuesday, but the resolution was not put to a vote at the end of the day.
In principle, the Joint Opposition, acting under the leadership of former President Mahinda Rajapaksa objected to the creation of a body called the ‘Constitutional Assembly’ as proposed in the resolution.
It also asserted that the present Constitution had no provision for it. In proposing a Constitutional Assembly, reference was made to political circles in the ‘Constituntional Assembly’ appointed by the government of Ex-Prime Minister the late Sirimavo Bandaranaike in the 1970s, as a precedent. Yet, critics of the present resolution took the view that Mrs. Bandaranaike’s move was distinguishable from the body proposed today. At that time, the Joint Opposition said she had asked for a mandate in her manifesto to appoint a Constitutional Assembly to evolve a constitution.
Her political front secured a two-thirds majority at the election as a singly entity. Likewise, according to the Joint Opposition, there was clear rationale behind the move by Mrs. Bandaranaike’s government at that time as explained by then Minister Colvin R. de Silva that it was just a constitutional exercise to sever the country’s link with the British Crown and transferring the sovereignty of the country to the people. That effort took the form of a constitutional revolution at that time.
However, the Joint Opposition has seen the present situation in a different light. In its amendments to the resolution at hand, it has stressed that the process of evolving a new Constitution should be done within the framework of the present Constitution and parliamentary standing orders.
The Janatha Vimukthi Peramuna(JVP) , a political party with six parliamentary seats, also wanted changes in the
original resolution.
The government initially thought that it would be smooth sailing to initiate the constitution-making process concurrently with the first anniversary of President
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Ahead of the January 9th session, a series of meetings were conducted by government leaders with other parties seeking consensus on the content of the resolution. First, it was a meeting with Prime Minster Ranil Wickremesinghe that was followed by meetings with President Sirisena and Speaker Karu Jayasuriya . The meeting with the Prime Minister took place at 6.30 pm on that day when the parties expressed reservations about the resolution and revealed the amendments they intended to suggest
Later the Joint Opposition met with the President at 8.00 pm on the same day. Communist Party leader D.E. W. Gunasekara while presenting his views strongly asked, “Why does the government deviate from the procedure laid down in the Constitution?” He charged that the government was leading the whole process into a muddle from the very beginning.
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The New Left Front Leader Vasudeva Nanayakkara presented a concept paper highlighting the need to transform the Joint Opposition into a political movement with an identity and a set of policies distinguishable from others. Rather than forming a new party, he said it would be a better option to retake control of the SLFP and the United People’s Freedom Alliance (UPFA). However, the proposal met with little support.