Constitution Proposals

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Transcript of Constitution Proposals

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    We wish to make the following proposals in formulating the new constitution or to any amendment to the existing constitution.

    1. Sri Lanka should remain a unitary state. Supporting, advocating, or encouraging the establishment of a separate state or a federal state should be prohibited by law.

    2. The National Flag or the National Anthem should not be changed. 3. Article 9 of the present Constitution, which ensures that Buddhism be

    given the foremost place and also guarantees that it is the duty of the state to protect and foster the Buddha Sasana, should be included in the Constitution of Sri Lanka without any amendments

    4. Since both Sinhala and Tamil languages have been recognized as official

    languages of the state, every citizen shall have the right to transact all business with the Government and the Judiciary in Sinhala or Tamil.

    5. The Supremacy of Parliament should be safeguarded. There should be

    no restrictions or impediments placed on the legislative power of the People, when Parliament exercises such power. If there are any other institutions carrying out any legislative powers, such power should be exercised by them subject to the powers of Parliament. Parliament shall have the right to repeal or amend any legislation in the same manner as the Parliament may amend or repeal its legislation.

    6. While Executive power of the People (including Defence) shall be vested

    with the President and/or the Cabinet as the case may be, any executive powers so exercised by anyone else or by any other institution, should be subject to the directions of the Government of Sri Lanka.

    7. No Foreign Government or Foreign Institution should be allowed to

    exercise judicial power or to interfere in our Judiciary. Provisions should be included in the Constitution guaranteeing the same. There should be no special court or establish any other Constitutional Court above the Supreme Court.

    8. No Political or Administrative Unit, based on Race, Religion, or Language

    should be established within Sri Lanka in as much as amalgamation of Provinces in such a manner is not conducive to peaceful co-existence of communities. The existing provisions provided for amalgamation of provinces should be removed from the Constitution. The boundaries of the territory of Sri Lanka or physically annexing Sri Lanka with a neighboring country should not be done for the reason that it is prejudicial to the independence, sovereignty, and territorial integrity of Sri Lanka.

    9. The office of President, Minister, Member of Parliament, including any

    office in the Executive, Legislature, or the Judiciary, should be held only

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    by a citizen of Sri Lanka who is not a citizen of any other country. Every such holder of office should be required to take the oath set out in the 7th Schedule to the present Constitution mutatis mutandis to prohibit the promotion or the establishment of a Federal State.

    10. All appointments to high posts in Ministries, Departments, Commissions, Judiciary, or in any other institution should only be made on the recommendation of the Constitutional Council or similar institution created by law, consisting of nominees of recognized political parties proportionately represented therein. All nominations made to such Constitutional Council or institution should be approved by a majority of the Members of Parliament. The President shall not make any appointment to any high post recommended by the Constitutional Council or institution, unless the same is approved by a majority of Members of Parliament.

    11. Police powers and powers relating to law and order of the Republic of Sri

    Lanka shall not be alienated to any provincial or regional organ. The Sri Lanka Police Force shall be under the Command and Control of the Inspector- General of Police of Sri Lanka who shall be the head of the Sri Lanka Police.

    12. All State Land shall be vested in the Republic of Sri Lanka. Utilization,

    Administration, and distribution of State Land, shall only be done by the Government of Sri Lanka in accordance with the laws made by Parliament.

    13. Entering into of all agreements which are injurious or which has a

    prejudicial effect on Sri Lanka's sovereignty, unitary character, territorial integrity, and national security shall be prohibited, and any such agreement in relation to sovereignty, unitary character, territorial integrity, and national security of Sri Lanka shall only be valid upon approval of the two third majority of Parliament and a two third majority from a referendum.

    14. Remittance of funds to any Governmental or Non-Governmental

    institution in Sri Lanka, except through the Government of Sri Lanka made in accordance with the laws of the country, shall be prohibited. Provisions to this effect should be included in the Constitution. 18th February 2016 at Anuradhapura