Head governance without partisan politics

An appeal to the people of Sri Lanka, religious leaders, civil society institutions and parliamentarians

by Annesley, Sumith Fernando

Having observed the steady deterioration in parliamentary behaviour and concerned that Parliament has failed the country in its constitutional responsibilities because of its subservience to political party agendas and the dictates of executive power and priorities;

Recognising the current political party system as the cancer that has led to the debilitation of Parliament and noting the observation expressed in 1990 by the Youth Commission that disillusionment with political parties "cannot but strike at the very root of our democratic system" and disappointed that the exhortation expressed there in that political parities should engage in a "candid exercise of self scrutiny" towards self reform has been totally ignored in the unprincipled pursuit of political power;

Encouraged by the precedent that was set in the Donoughmore period of ushering in substantial social progress without political parities being an integral part of the polity and noting further that the representatives elected in that period by and large by the free vote of the people stood tall in moral integrity in comparison to present day representatives who find their way into Parliament through party patronage and nomination;

Noting further that the guarded optimism expressed by the Soulbury Commission that the "transplant" of the British Parliamentary type that had developed over the centuries in Britain would work equally well in Asian soil has been belied by the experience of Pakistan, Bangladesh, Thailand and almost soon in India, Sri Lanka and even Singapore;

So therefore in a sincere effort to find a way out of the social quagmire into which our society is steadily sinking and in the fervent hope of exercising from within Parliament the cancerous growths that render it ineffective, subservient and self indulgent;

So in order to transform Parliament into a truly representative organ that gives primacy to the national interest and the welfare of the people and into an institution that is alive to its constitutional responsibilities of making laws for "the peace, order and good government of the island" general superintendence of the finances of the country and, most importantly of acting as an effective check and sobering influence on the actions of the Executive;

Believing in the efficacy of structures of governance that evolve naturally from local conditions and in a spirit of self-reliance;

The amendments of the Constitution to incorporate the principles outlined in the schedule hereunder would be greatly appreciated by large majority in this country.

Schedule

1. strict application of the separation of powers with the Executive functioning outside Parliament, but answerable to it.

2. Executive headed by a President elected directly by the people functioning for a fixed term subject to impeachment procedure. President to be Head of State and Head of Government. The President will not enjoy any immunity from legal consequences of his actions.

3. Government to be a Cabinet of Ministers chosen at the discretion of the President, from outside Parliament. A MP intending to accept a Ministership/Deputy Ministership has to first resign his seat in Parliament.

4. (a) No Minister or Deputy shall assume such office until such person's name has been ratified by Parliament as a person suitable to hold such office during the tenure of the Parliament.

(b) A Minister or Deputy shall cease to hold such office, ipso facto, upon a Motion of Removal from Office being passed in Parliament against such person.

5. President to be the Commander-in-Chief of the Armed Forces and shall not retain in his charge any portfolio. All subjects and functions are to be assigned to minsters chosen by him so however that the total number of ministers shall not exceed twenty five.

6. Ministers to be answerable and responsible to Parliament and are obliged to attend Parliament to fulfil their official duties, but not entitled to vote.

7. Parliament to function for a fixed term; the President will not have the power to dissolve Parliament.

8. Elections to Parliament and the Presidency to be without political party affiliation; candidates to stand in their individual capacity without party labels or party nominations; political parties will have no representation as such in Parliament.

9. Elections to Parliament to be based exclusively on the basis of electorates and the FPP (First-Past-the-Post) system; however the Delimitation Commission may carve out multi-member electorates.

10. The functions of Parliament will include the power:

- to pass laws,

- to ratify within seven days a declaration of war,

- to authorise expenditure from the Consolidated Fund,

- to authorise government revenue,

- to authorise the signing of treaties and other instruments with foreign nations and institutions,

- and generally to serve as a check on Executive authority through,

(a) the power to impeach the President

(b) the power to move a Motion of Removal of a Minister

(c) a screening of nominees by the Committee on High Posts prior to appointment,

(d) the institution of a special Standing Committee which will replace the Constitutional Council envisaged under the 17th Amendment with a mandatory obligation on the President to abide by the decisions of such Committee.

(e) The power to require Ministers to attend Parliament on notice and explain government policy and decisions.