The constitutions drafted by the so-called People’s representatives do not express the real aspirations of the people.
Who is a Prime Minister? An ancient British Monarch with German origins, and who did not speak English needed an interpreter to translate his addresses to the board of Ministers. He chose one among them who knew both the languages for the purpose and named him ‘PRIME MINISTER’. It was in April 1721 that Sir Robert Walpole assumed as First Lord of the treasury and de facto first Prime Minister.
Writing to Daily Mirror of September 26, 2016 under, ‘How effective is Parliament?’—former, Secretary to the Presidential Commission of Inquiry into Serious Acts of Fraud and Corruption (PRECIFAC) and senior public servant with 30 years of experience at Parliament, Mr Lacile de Silva says, “Parliaments in the past few decades have been weak, ineffective and neglected. Modernisation and reforms in Parliament therefore are long overdue. In order to achieve a tangible progress, may I say, good governance should be built by developing quality institutions. The Parliament, which was simply an appendage of the executive, became a ‘rubber stamp’. A political analyst has said that “It is accountability which is fundamental to a democratic system”. Any acts of the Government are in the final analysis, acts of citizens themselves through their representatives.”
The President has prorogued Parliament until November 16. He announced the decision while dethroned Prime Minister Ranil Wickremesinghe was addressing a news conference where he asserted that he could show his majority in the House, adding to a mounting political crisis. The act is expected to give Mahinda Rajapaksa (MR) time to gather sufficient support to endure a no-confidence vote. Anxiety and rift between Sirisena and Wickremesinghe have been building for some time. Sirisena did not approve of some of the economic restructuring which was introduced by Wickremesinghe. Sirisena also had serious concerns over the investigations into military officers accused of Human Rights (HR) violations during Sri Lanka’s civil war. The excitement of a “bloodless revolution” in the voters on the Sirisena-Wickremesinghe Government that assumed power in January 2015, soon began to evaporate. Despite a few key democratic reforms, the Unity Government failed miserably in all other areas including the task of punishing alleged ‘criminals’ in the previous regime, one of the key promises on which it came to power. Instead corruption within its own ranks marred at highest levels, starting with the Central Bank’s Billion Rupee scam by Ranil’s friend and Singapore citizen Arjuna Mahendran, which followed a series of corrupt deals involving millions, if not Billions of the poor man’s money.
Unlike the former Presidents, Sirisena cannot dissolve Parliament at his whim and fancy like CBK did in 2004 when she sent home Ranil Wickremasinghe prematurely. The President’s hands are tied by 19A . Are some Politicians who have been talking of creating two States now attempting to make a bid to create Two Prime Ministers? The fear of being condemned by nationalist elements should also not make legislators ignore progressive steps that will go beyond the provisions in the existing Constitution.
Taking into account the eventful past six days in Sri Lanka we need to look back and consider the gains that have been achieved during the past years as it attempts to go ahead with a badly tinkered Constitution and a difficult Constitution building process that could decide whether the country would continue as a peaceful nation. Four years ago President Rajapaksa appeared unbeatable. Cracks appeared in his popularity at the latter stages, but nobody thought they would be broad enough to make the Common Candidate win. They were proven wrong when Sirisena, who defected unceremoniously and won with a majority of more than 400,000 votes. The voters of Sri Lanka made a decision to lift the country from the brink of unprecedented corruption and intolerance. It was an historic occasion where people displayed electoral intelligence.
The 1978 Constitution
The 1978 Constitution is ill-defined and vague—with several inconsistencies in English and Sinhala versions too. Big Western nations like Great Britain [based on traditions with no written document], USA, Australia and Canada and haven’t changed their respective constitutions since the introduction of their legislatures. They hardly had any problems in the process of the smooth implementation of their political systems.
UNP’s Dilemma
What will happen if Parliament meets and passes a No-confidence Motion on the new Government, with the Government itself supporting? They will go for early elections while the UNP as usual will again face a crisis regarding leadership. The Deputy Leader and his supporters have already made some interesting comments concerning the future of the party. Nobody knows how to shatter the vicious circle or catch 22 situation of “Gedara Giyoth Ambu Nasee- Maga Hitiyoth umba Nasee” [either you will die if you stop on the way or your wife will die if you go home].
The Manifesto of the United Front of the SLFP, LSSP and the CP under Sirimavo in 1970 stated, “We seek your mandate to permit the members of Parliament you elect to function simultaneously as a Constituent Assembly to draft, adopt and operate a new Constitution. This Constitution will declare Ceylon to be a free, sovereign and independent Republic pledged to realise the objectives of a socialist democracy; and it will also secure fundamental rights and freedoms to all citizens.”
The 1972 Constitution lasted only a six-year-term. The second republican Constitution of 1978, drafted by H W Jayewardene QC, the brother of President J R Jayewardene, made some key changes to it – it created a powerful executive presidency, with centralised political power, a constitutionalised a free economy and set up Provincial Councils via the Thirteenth Amendment. But certain fundamental features of the 1972 constitution that define the republic, such as the unitary state, the foremost place for Buddhism remained intact.
Good Governance through Constitution?
It is a matter for Sri Lankan citizens to decide on if the tinkering with the Constitution in the past has brought any good governance in relation to improving ethnic relations. It is also doubtful if future tinkering with the Constitution would pull off anything better. We are trying to amend or introduce a new Constitution for the umpteenth time with the hope that this time around it will offer us with good governance. Do constitutions help achieve good governance? I do not believe so; good governance is something deeper than a written document passed by Parliament. The fundamentals of good governance are based on the goodwill of man towards his fellow beings. Without this goodwill among different communities, constitutional tinkering will only aggravate inter communal tensions and will not deliver good governance. The constitutions drafted by the so-called People’s representatives do not express the real aspirations of the people. The drafting of a new constitution should be monitored by society at large; let’s call it “People’s Committee on the Constitution.” This committee should comprise men of national reputation and of the uppermost rank in the intellectuals. When men of this quality unite upon such a responsibility the powers of political authority could be minimised.
Parliament can sit as a Constitutional Assembly only to formulate the basic proposals. Nepal has also tinkered with the Constitution making a mockery of it, even sacrificing economic opportunities in an exercise that produced a deep political crisis. Sri Lanka’s attempt at Constitution drafting has to be communicated clearly to the members of civil society and the people. Let’s resolve to start building up a new political culture free of corruption and violence against humanity, which needs more and more civil society’s involvement in the process. Only through a collective effort, we can ward off all kind of accusations against our great nation. Once we set a model good for governance the hostilities, both domestic and external will also end.
Let the Constitutional interpretations take ther proper course; we are no legal experts on article 42 [a] 42 [b]; 48.3 and rest of them. The top legal luminary is already divided in their opinion on what the constitution means by “…in the President’s opinion, is most likely to command the confidence of Parliament…’ though some laymen attempt to add their two cents worth.
Some progressive clauses in the existing Constitution against corruption, hate speech and other types of extremism are habitually ignored by parliamentarians, state authorities, law enforcement officials and in the judicial process too. The proposals put forward by ‘Citizen’s Movement For Good Governance [CIMOGG] headed by Dr A C Visvalingam would be an ideal foundation for a draft that could build a genuinely peaceful Sri Lanka.
The writer can be contacted at kksperera1@gmail.com
