Sri Lanka Passes Constitutional Amendment to Limit President’s Authority

Military personnel in ceremonial uniform lowers the national flag of Sri Lanka at Galle Face Green in Colombo, Sri Lanka on July 17, 2022. (Abhishek Chinnappa/Getty Images)

Sri Lanka’s parliament approved a constitutional amendment on Oct. 21 that will limit the president’s authority, in a move to restore political stability amid the nation’s worst economic crisis in decades.

The bill was passed with a two-thirds majority in parliament, with 179 lawmakers voting in favor, one voting against it, and 45 others absent. The government said it seeks to preserve judicial and public sector independence.

The amendment transfers some presidential powers, including the appointment of officials, to a constitutional council comprising lawmakers and respected non-politicians.

The council’s recommendation is required for presidential appointments of senior judges, attorney generals, central bank governors, police, election commissioners, and bribery and corruption investigators.

The prime minister will recommend Cabinet appointments, and the president won’t be allowed to hold any Cabinet positions except defense.

The bill reinstates many democratic reforms made in 2015, which were reversed by former President Gotabaya Rajapaksa when he was elected in 2019 and concentrated power in the presidency.

Protesters blamed Rajapaksa for the country’s economic woes, which deprived the population of basic necessities. Many viewed Ranil Wickremesinghe, who was appointed president by parliament in July, as a Rajapaksa loyalist.

‘Unbridled and Unchecked’

The Centre for Policy Alternatives (CPA), a Colombo-based think tank, said the legislation makes no significant changes to curtail the president’s power, which over time may erode democratic institutions in Sri Lanka.

“No change has been made in the president’s power to determine the number of ministers and ministries and the assignment of subjects and functions to such ministries,” the CPA said in a statement.

“The bill also provides that the president shall hold the Defense Ministry and that he can assign to himself any other portfolio and function on the advice of the prime minister.”

The bill failed to address Sri Lanka’s governance crisis as it didn’t include “the complete abolition of the executive presidential system and the return to a full parliamentary constitutional democracy,” according to the CPA.

“Unless and until the unbridled and unchecked powers of the executive presidency are abolished and replaced with a Cabinet executive representative of and responsive to parliament, it would be impossible to make the necessary decisions to resolve the present economic crisis,” it said.

Sri Lanka has $51 billion in foreign debt, $6.5 billion of which is owed to China. The country defaulted on its debt in May as it was unable to pay for essential imports, sparking nationwide protests that led Rajapaksa to flee Sri Lanka.

The Associated Press contributed to this report.