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| Sunday, 18 April 2004 |
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| News Business Features Editorial
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JR's constitution: Mockery of democracy by K.G.G. de Silva The 1978 constitution is a mockery of democracy and has been a catalyst to conflict throughout its lifetime. The constitution under which our country is governed is a masquerade under the pretence of a representative parliamentary democratic government. It has been surreptitiously injected with many a subterfuge, with many a substitute under the guise of absolutes or fundamentals of a parliamentary democracy. It is understood that no substitute law can ever stand in place of an absolute law. Any structure physical or conceptual which is not built on fundamentals can stand on a firm solid foundation and that weakened structure will collapse eventually and inevitably. The constitution of 1978 is a misconception, a misdirection, a mis-representation, a misinterpretation of the fundamental tenets which are the driving forces of an effective working system of parliamentary representative government. This freak undemocratic piece of faulty legislation was conceived and invented by the crafty ruthless machiavellian brain of J.R. Jayewardene, the self-appointed pundit of politics. If you carefully go through his career as a politician you cannot fail to note his scheming tactics avoiding responsibility but had been right through scheming to topple personalities of high political stature and disgrace them. He is not a seasoned debator but chose opportune moments to let go some of his jibes. (Sarcastic hints). You could also note that from the time he took up the post of President, he had to face conflicting situations and one can easily draw the inference that the track record of his own constitution of 1978 has been a catalyst to conflict and continues to cause unmitigated, unabated harm to our country. There were several occasions where the rule of law and human rights were dumped to the dustbins of the highest court of the land at Hultsdorf. Judges had to go home under Police escort for fear of reprisals from embittered parties. The most crucial immediate challenge to the new government must be and should be the abolition of the present obnoxious, horror creating constitution and give birth to a sound Parliament dominated democratic constitution in which are embedded laws that ensure peace, harmony and citizens' welfare with no room for Emergency rule for any reason. It should be a constitution that considers all communities as having the right to be equals in the country in whichever part they live. The main target of Jayewardene's 1978 Constitution was to stifle opposition to the elected President from any quarter. He has taken the view that the main opponent was Parliament and the Prime Minister. So he devised methods by which the power of the Prime Minister and Parliament were curbed. He therefore created two executives instead of one. The President was also elected by general election and his powers were so devised that even Parliament could not question him or control his actions. He as President had invested himself with unquestionable powers as the chief executive. He was not answerable to Parliament and could take arbitrary decisions without even consulting Parliament. The Prime Minister's governmental powers were subordinated to that of the President. But this is not going to be a successful arrangement. Two central powers in one Government is absurd. But this is what Jayewardene did in his constitution. This ridiculous and dubious creation of two executive powers in a state coming from two separate sources could not go on for long. One executive power had to subordinate itself to the other. This is the beginning of conflicts between the President and the Prime Minister. Jayewardene and Premadasa, when they were Presidents, found Parliament frustrated with the executive power held and used by the President. Many are the conflicts that took place due to this absurd arrangement of sharing executive power. The ultimate result was that the United National Party destroyed its own self. The UNP was almost shattered with all the stalwarts dead, most through assassinations and two through retirement. Jayewardene and Premadasa, during their terms of office, as President, were virtual dictators and they could not live without declaring Emergency on many occasions and seeking the protection of the Police and Armed Forces. This is sickening. There is only one way out of this dilemma and tragedy. This Constitution has to be scrapped. Peace and harmony will not be with us unless we rid ourselves of this hell-hole of conflict. |
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