On 22 September 2020, Sri Lanka's Justice Minister tabled the 20th Amendment to the Constitution in Parliament despite protests by members of the opposition. What does the proposed 20th Amendment to the Sri Lankan constitution mean for constitutional governance in Sri Lanka? What objectives does it seek to achieve? How should citizens understand the amendment in the context of Sri Lanka's history of constitutional governance?
The 20th Amendment, I argue, is best understood in light of the 17th (2001), 18th (2010) and 19th (2015) Amendments. The country's history of constitutional reform exposes how different governments and political parties have exploited representative democracy to consolidate political power. A historical perspective also allows citizens to appreciate both the impact of this amendment on accountability and their own role in strengthening and protecting constitutional governance in Sri Lanka. Unless Sri Lanka's citizens reclaim representative democracy from political parties and its charismatic leaders, the rally of constitutional ping pong in Sri Lanka will, most likely, continue.
The 20th Amendment
The 20th Amendment envisages a reversal of most reforms that were introduced by the 19th Amendment. Remaining intact is the right of access to information, the term limit on the presidency and the reduction of the terms of the presidency and of the parliament. The term limit on the presidency – which was removed by the 18th Amendment and reintroduced by the 19th Amendment – safeguards Sri Lanka from the danger of constitutionally mandated personal rule. In the absence of a term limit, the risk of the incumbent abusing his or her powers to be re-elected would be high. The right of access to information, or Article 14 (A), has been the only constitutional reform to expand the guarantee of fundamental rights under the Constitution of 1978. When read together with the Right to Information Act (2016), Article 14 (A) provides a legislative and institutional structure that ensures citizens have right of access to public information. Since it was established, the Right to Information Commission has allowed citizens to hold bearers of public office accountable for their decisions.