Sri Lankan committee finds cuts to former presidents' pensions require constitutional amendment

A constitutional bar stands in the way of the government’s move to prune perks and benefits of former Presidents as observed by the committee appointed to look into it, an informed source said. President Anura Kumara Dissanayake appointed a committee to explore the possibility of curtailing perks and benefits of MPs and former Heads of State in his effort to be frugal in governance, as promised by him during election campaign last year. However, the committee has found that some of the benefits such as pensions for the former Heads of State could not be cut down or scrapped without a constitutional amendment. Article 36 (2) of the Constitution said, “Upon the assumption of the office of President the holder of such office shall become entitled to the receipt of such salary and allowances and thereafter, of such pension as may be determined by Parliament. Any subsequent amendment, repeal or replacement of this Article and any subsequent law or any provision thereof inconsistent with this Article shall not have retrospective operation. It means that it is difficult for the government to enact a piece of legislation with retrospective effect.
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