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Concerns raised over process to draft a new Constitution

11 Oct, 2016

The Sri Lanka Solidarity Movement has raised concerns over the process to draft a new Constitution for Sri Lanka.

The Sri Lanka Solidarity Movement notes that many persons, especially Sinhala Buddhists and the Sinhala people are having very?strong reservations about the drawing up of a new Constitution.

“There are?widespread fears that a federal constitution will be brought in surreptitiously with a??unitary? label to hoodwink the Sinhala Buddhists and the Sinhala people. Surely, a?small country such as Sri Lanka does not need a quasi federal constitution since?only countries which are large in size adopt quasi federal constitutions for better?management purposes and small countries have adopted unitary constitutions for?good reason,” the movement said in a statement.

The movemment also notes that the the 13th amendment to the constitution is already quasi federal. This is due to the?fact that, to overturn a statute approved by a provincial council with regard to a?provincial subject which is inimical to the country, Parliament needs a two thirds?majority to overturn such a provincial statute.

“This is in sharp contrast to a simple?majority that Parliament needs to overturn a law which has been approved by?Parliament i.e. the central government. Surely in a unitary state, to overturn a?provincial statute, Parliament only needs a simple majority? We urge that in a future?constitution, if it really is unitary, then Parliament should be able to overturn a?provincial statute, if it is inimical to the country, by a simple majority in Parliament. If?the constitution really is unitary, the legislative at the centre should be able to wield?its power over the legislative at the provincial level without any hindrance,” the Sri Lanka Solidarity Movement said.

It also said that if the Constitution?really is unitary, the legislative at the centre should be able to wield its power over?the legislative at the provincial level without any hindrance.

The Sri Lanka Solidarity Movement also urged that the relevant clauses of the Public Security Ordinance?remain intact and not be amended or deleted as OHCHR?s Prince Al Hussein,?the TNA, other separatists, US, EU, UK, Canada, Norway, Sweden and India?wants.

It says if the Constitution really is unitary, the executive at the centre should be able?to wield its power over the executive at the provincial level without any hindrance. (Colombo Gazette)

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