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POLITICAL SCIENCE

17thAmendment (2001) Lack of public confidence in the Public Service due to excessive politicization and political control and overall decline of its standards had become a serious political issue in Sri Lanka. Political interference and control has also led to the lack of independence, efficiency, accountability, and impartiality in the public service. In the context of demands made by civil society organizations and political parties to make the public service independent, free of control by ruling parties, and impartial, the government in 2001 took steps to amend the Constitution for the 17th time. The proposal for the Amendment was approved by the Cabinet in September 2001. Then the draft Billwas sent to the Supreme Court to give its opinion on the constitutionality of the proposed Amendment. The Supreme Court decided that the 2/3 majority vote in Parliament was sufficient to pass the Bill. Then, Parliament passed the amendment on 3rd of September 2001.The Amendment received 208 votes and the backing of almost all parties in Parliament. After the certification of the Amendment by the Speaker of Parliament,the 17th Amendment became a part of the fundamental law of the country. The objectives of the Amendment were the curtailment of the power of the President to appoint members to several key posts of the governing structure and the establishment of independent commissions. This Amendment can be described as a progressive and democratic reform measuresince it made provisions to widen the accountability mechanisms and consultative governance. Constitutional Council  The Constitutional Council was the centerpiece of the 17th Amendment. It was the key institution established to facilitate the appointments for the key posts of governing institutions of the country through a consultative process among all political parties in Parliament. It was intended to be a check on the powers of appointment which the President used to enjoy at his discretion.  The Constitutional Council was composed of the following personnel. i. Prime Minister, ii. Speaker of Parliament, iii. A member appointed by the President, iv. Five members appointed by the President on the joint nomination made by Prime Minister and the Leader of Opposition, v. A member appointed by the President on the nomination made by small parties and other groups. vi. The Speaker was the Chairman of the Constitutional Council. The 17th Amendment gave the Constitutional Council two types of powers, in key public sector appointments (a) power of recommendation, and (b) power of approval. The Council’s recommendation was required in making appointments t i. The Election Commission ii. The Public Service Commission iii. The National Police Commission iv. The Human Rights Commission v. The Permanent Commission to Investigate Bribery and Corruption vi. The Finance Commission, and vii. The Delimitation Commission. The Council’s approval was required for the following appointments: i. Chief Justice and Judges of the Supreme Court ii. President and Judges of the Court of Appeal iii. Members of the Judicial Service Commission and its Members iv. Attorney General v. Auditor General vi. Inspector General of Police vii. Ombudsman viii. Secretary General of Parliament Although the 17th Amendment had cross-party support because of its democratic potential, there was later criticism that it undermined the authority and powers of the President. That criticism paved the way for the 18th Amendment, which actually abolished the 17th Amendment.