Constitutional bar strikes government

Colombo, Jan 29 (Daily Mirror) - A constitutional bar stands in the way of the government’s move to prune perks and benefits of former Presidents as observed by the committee appointed to look into it, an informed source said.

President Anura Kumara Dissanayake appointed a committee to explore the possibility of curtailing perks and benefits of MPs and former Heads of State in his effort to be frugal in governance, as promised by him during election campaign last year.

However, the committee has found that some of the benefits such as pensions for the former Heads of State could not be cut down or scrapped without a constitutional amendment.

Article 36 (2) of the Constitution said, “Upon the assumption of the office of President the holder of such office shall become entitled to the receipt of such salary and allowances and thereafter, of such pension as may be determined by Parliament. Any subsequent amendment, repeal or replacement of this Article and any subsequent law or any provision thereof inconsistent with this Article shall not have retrospective operation.

It means that it is difficult for the government to enact a piece of legislation with retrospective effect.

Besides, according to the Presidents Entitlement Act, a former President should also be provided with appropriate housing without rent.

Recently, the President remarked that the rent value of the current residence allocated to former President Mahinda Rajapaksa is Rs.4.6 million, according to government valuation. It sparked a political debate. The government leaders including Health and Media Minister Dr. Nalinda Jayatissa asked Mr. Rajapaksa to vacate the house.

Mr. Rajapaksa asked for a request in writing for him to act upon.

Asked for a comment in this regard, Public Security Minister Ananda Wijepala said that some of the benefits of former Presidents such as pension could not be pruned forthwith, in terms of the Constitution. He said the committee appointed by the President had submitted its report.

However, he said curtailment of pensions for parliamentarians had no such bar.

“The President has promised to provide Mr. Rajapaksa with appropriate housing instead of the current residence with a space of more than 30,000 square feet,” he said.