A victory for the masses | Sunday Observer

A victory for the masses

25 October, 2020

The passage by a two-thirds majority of the 20th Amendment to the Constitution in Parliament on Thursday was a landmark development in local politics. The people gave an overwhelming mandate to abolish the 19th Amendment which had become a major hindrance to smooth governance (as former President Maithripala Sirisena experienced himself) and replace it with a governance mechanism that would be far more people friendly and practical. The 19th Amendment with its many contradictions and ambiguities hindered the smooth functioning of all branches of Government. The result was socio-economic stagnation for nearly five years.

It did have certain positive features, almost all of which have been carried forward to the 20th Amendment, including the five year term for the Presidency and the two term limits for the Presidency. But the other features of the 19th Amendment that hindered effective executive decisions have been omitted, enabling more efficient governance.

When President J.R. Jayewardene introduced the 1978 Constitution and the Proportional Representation (PR) system, he probably thought that no future Government would be able to change them as getting a two-thirds majority is generally impossible under the PR system. However, he did not account for the emergence of the Sri Lanka Podujana Peramuna or the Mahinda Rajapaksa - Gotabaya Rajapaksa combination.

As Education Minister Prof G. L. Peiris recently said, the late President J.R. Jayewardene’s assuredness that his Constitution was everlasting and could not be changed, was proven false by the ‘Gotabaya Rajapaksa and Mahinda Rajapaksa harmony’.

The late President Jayewardene had declared that no one could change his Constitution as long as the Sun and the Moon existed. “JR’s assuredness was wrong. Our Government obtained a two-thirds majority. No one can make laws that could not be changed and exist forever,” Prof. Peiris said.

But even the 20th Amendment is not the end of the Government’s quest for a better governing mechanism. This will just be the stepping stone to a totally new home grown Constitution that will protect the country’s national security, sovereignty, unitary status and territorial integrity. True, the previous Good Governance Government too initiated a process of constitution making, but it was widely believed that it was an exercise or excuse to bring in a federal framework that would have paved the way for separation. There was vehement opposition to that attempt from all progressive and patriotic forces.

Opening the new Session of the 9th Parliament on August 20, President Gotabaya Rajapaksa announced the Government’s intention to amend the Constitution and go for a new one in due course. “The basis of the success of a democratic state is its Constitution. Our Constitution, which has been amended 19 times, from its inception in 1978, has many ambiguities and uncertainties, at present resulting in confusion. As the people have given us the mandate we wanted for a constitutional amendment, our first task will be to remove the 19th Amendment from the Constitution.”

Although the President did not mention it, there was a notion in society that the 19th Amendment particularly targeted the Rajapaksa family and affiliated political individuals and entities. “After the removal of the 19th Amendment, all of us will get together to formulate a new Constitution suitable for the country. In this, priority will be given to the concept of one country, one law for all the people,” President Gotabaya Rajapaksa said. President Rajapaksa, in his election manifesto, ‘Vistas of Prosperity & Splendour’ under the heading, ‘A new Constitution that Fulfills the Wishes of the People’ stated that earlier constitutional changes that were introduced to suit the requirements of certain individuals and political parties, failed to reflect the people’s aspirations. “It is our desire to bring about constitutional reforms in accordance with the wishes of the people and the Government has given top priority to fulfill this promise,” the President added.

“We are hoping to produce an effective Constitution to the country with the consent of all communities,” said Minister of Justice Ali Sabry, PC. A committee of legal and academic experts is already studying proposals and it has also called for public inputs. This will not be a hurried process as the Government has many more years left and a wide dialogue will be ensured to draft the best possible Constitution.

While it is essential to retain the Executive Presidency, perhaps the most prominent feature of the 1978 Constitution to ensure the need for a strong leadership, especially, in case of national emergencies such as the Easter Sunday attacks, it is nevertheless vital to remove several anomalies of the said Constitution. One of the main aberrations is the PR system, which has been universally derided by all political parties. Instead of campaigning for an electorate, candidates have to campaign in an entire district, spending millions of rupees. This especially puts novice and professional candidates at a disadvantage, as they do not have the monetary or organisational powers of the established players. Moreover, the PR system leads to infighting within political parties, which sometimes results in violence and intimidation. The next Constitution should also strive to achieve a truly Sri Lankan identity, something which has eluded us as a nation so far.

There is no doubt that political parties, civil society organisations, academics, professional organisations and members of the public will have valuable ideas and inputs for the next Constitution. The experts’ panel will no doubt consider the merits and demerits of all these suggestions and coupled with their expertise, arrive at a framework for a Constitution that can take the country forward by leaps and bounds. 

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