Twentieth Amendment to the Constitution of Sri Lanka

The Twentieth Amendment was introduced by the Sri Lanka Podujana Peramuna (SLPP) government led by President Gotabaya Rajapaksa, who sought to consolidate power after his landslide victory in the 2019 presidential election. The amendment was drafted to repeal most of the Nineteenth Amendment, which had been passed in 2015 to curtail presidential powers and strengthen democratic institutions. The bill was presented to Parliament on 22 September 2020 and passed with 156 votes in favour and 65 against, with the opposition boycotting the vote. The Speaker, Mahinda Yapa Abeywardena, certified the bill on 28 October 2020, making it law.

The amendment restored the president's power to appoint and dismiss the prime minister, ministers, and other high-ranking officials at his discretion, removing the requirement for parliamentary approval. It also abolished the Constitutional Council, replacing it with a Parliamentary Council that has only advisory powers, thereby weakening checks on presidential authority. The amendment reinstated the president's immunity from legal proceedings and allowed him to hold any ministry, including the powerful finance portfolio. It also removed the two-term limit on the presidency, enabling a president to serve more than two terms. These changes effectively reverted Sri Lanka to a highly presidential system, similar to the executive presidency established in 1978.

The amendment was met with widespread criticism from civil society, legal experts, and the opposition, who argued that it undermined democratic governance and the rule of law. Protests were held across the country, and several petitions were filed in the Supreme Court challenging its constitutionality. The court, however, ruled that the amendment was valid, citing procedural compliance. The amendment also drew international concern, with the United Nations and the European Union expressing apprehension about the erosion of democratic institutions. In the longer term, the concentration of power in the presidency is seen as a contributing factor to the political and economic crises that culminated in the 2022 protests and the eventual resignation of President Rajapaksa.

One lesser-known aspect is that the Twentieth Amendment was the first constitutional amendment in Sri Lanka to be passed without a public referendum, despite significant public opposition. Another is that it reinstated the president's power to appoint judges of the Supreme Court and the Court of Appeal, a power that had been transferred to the Judicial Service Commission under the Nineteenth Amendment. The amendment also removed the requirement for the president to consult the Constitutional Council when making key appointments, which had been a safeguard against arbitrary appointments. Additionally, the amendment was passed during a period of heightened nationalism, and its proponents argued that it was necessary to ensure effective governance, a claim that was contested by critics who saw it as a step towards authoritarianism.

Constitutional Council

A body established by the Nineteenth Amendment to oversee key appointments, abolished by the Twentieth Amendment.

Executive presidency

A system where the president is both head of state and head of government, with significant executive powers.

Sri Lanka Podujana Peramuna (SLPP)

The political party that proposed the Twentieth Amendment, led by the Rajapaksa family.