#POLITICAL 

18th Amendment (2010)
The overall objective of this constitutional amendment, enacted in 2010, had been to remove
the two term limit for the President,repeal of the powers and functions of the Constitutional
Council, and the establishment of a Parliamentary Council inits place.
Political Science - Grade 13
Those who promoted thisamendment argued that since rapid economic growth was an urgent
need of the hour, it required political stability. Political stability in turn required more powers
in the hands of the President to ensure effective decision - making.
The proposed Amendment bill was sent to the Supreme Court as an urgent matter of national
importance. The Supreme Court had informed that there was no necessity of calling a
referendum as the proposed amendingBill was in conformity with the Constitution.
Consequently,on 8th September 2010, the 18th Amendment was passed in Parliament by a 2/3
majority.
Following were the changes introduced under the 18th Amendment:
 Removal of the two terms limit for the President: The major change introduced
under this Amendment was the removal of two terms limit for persons who hold
the office of presidency and allowing a person to contest and get elected for any
number of terms as President.
Establishment of Parliamentary Council instead of Constitutional Council:
The 18thAmendment abolished the Constitutional Council established under the17th
Amendment and replaced it with a new institution called Parliamentary Council. The new
Parliamentary Council was composed of the following members.
i. Prime Minister,
ii. Speaker,
iii. Leader of the Opposition,
iv. One parliamentarian nominated by the Prime Minister, and
v. One parliamentarian nominated by the Leader of Opposition.
The Parliamentary Council was small in terms of its composition when compared with the
Constitutional Council. Further, the latter was composed only of parliamentarians. It was
expected that the President would seek the opinion of the Parliamentary Council in making
appointmentsto key posts of the government. However, if the Council failed to provide its
opinion within one week,the President could act at his will. Compared with the Constitutional
Council, the Parliamentary Council had no authority to disagree with the choices of the
President
Powers and Functions of Parliamentary Council
The Council established under the 18thAmendment was empowered to provide its
observations on proposed persons to be appointed by the President to key government posts.
Further President was not bound to act according to its observations and recommendations.
The Council had no powers to make recommendations on appointments, but merely to
furnish its observations on proposed individuals within one week. In case the Council fails to
give its observations within one week, thePresident could make appointments at his/her will.
Further, the President could even ignore them and make the appointments.
Thus, the Parliamentary Council under the 18th Amendment served no real purpose in terms
of ensuring executive accountability. It was not a check on vast presidential powers either.
Subordination of Independent Commissions to the President
The 18th amendment also resulted in the reduction of powers of the independent commissions
such as the National Police Commission, Public Service Commission, and the Election
Commission. For instance, President could make appointment to the Public Service
Commission at his will. The situation under the 17th amendment was the reverse,
becausePresident had to act according to the recommendations made by the Constitutional
Council. However, the 18th amendment removed those.Accordingly,President could make
appointment to the Public Service Commission at his discretion.
Allowing President to Attend the Parliament once in Three Months
The Amendment had made provisions for the President to attend the sessions of parliament
once in every three months while enjoying the powers, privileges and immunities entitled to a
member of parliament. However, the President could not be charged of violations of
privileges enjoyed by a parliamentarian.
The overall outcome of the 18th Amendment was that its provisions led to further
strengthening the position, powers, and authority of the President. This was achieved by
removing thepresidentialterm limit and allowing the President to make appointments to the
independent commissions free of the system of checks and balancesexisted under the
17thAmendment.Thus, the office of the President under the 18th Amendment became more
powerful than the presidency under the original 1978 Constitution, as created by its founder,
former President J. R. Jayewardene