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| Sunday, 21 November 2004 |
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Features |  |
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1978 Constitution: an inscription in stone? by a special correspondent The demerits, perhaps more than the merits of Sri Lanka's Executive Presidency have been under discussion since 1978. Today whenever changes to the constitution are proposed, the finger is directed at the incumbent President Chandrika Kumaratunga accused as one who has designs to ensure her political longevity. It needs to be understood that the much maligned Executive Presidency is just one facet of a draconian constitution we have endured for more than a quarter of a century. A constitution that has failed our nation and one drafted to benefit a political party rather than in the interest of the nation. The 1978 Constitution was promulgated with a 5/6th Parliamentary majority obtained under the Westminster system or as is commonly known the 'first past the post system of voting'. The single most bizarre change the 1978 or JRJ Constitution introduced was not the Executive Presidency but the 'proportional representation' or the PR system of voting, which ensured no future government ever again would secure even a two-thirds majority. This explains why the then government chose to hold a referendum in 1982 instead of an election. It was simply to prolong the 5/6th majority obtained under the Westminster system. Before the next election (under the PR system that very constitution prescribed) as many as 16 constitutional amendments were made. The 1978 Constitution thus has locked Sri Lanka in a 'constitutional trap' and the crafty draftsmen effectively threw away the keys. Do we then accept the 1978 Constitution as an inscription in stone? Or do we look to ways to rid this constitution, the Executive Presidency and the PR system of voting et al? What the nation needs now is a democratic constitution, which ensures sufficient minority representation and reflects the people's mandate in a realistic way. In fairness to President Kumaratunga and her PA Government, it must be said they tried their best to involve all political parties to reach a consensus to repeal and replace this Constitution. But political expediency has prevailed, and the quagmire we are in continues to prevail. The President's views on the Constitution have been consistent literally from day one, in her acceptance speech on 12th November 1994 after she was first elected to office, she said. 'Convinced as we are, of the gravely harmful effects of the Executive Presidential system of government and of the vigour and vitality of the democratic way of life of our people, we have solemnly pledged to eradicate this blemish from the constitution of our country'. On 12th of June 2004 in her address to the nation President Kumaratunga said 'I strongly propose once again, the abolition of the Executive Presidency, together with democratisation and rationalisation of our Electoral System'. All of Sri Lanka's problems seem to stem from this Constitution, particularly the ethnic variance. However despite 10 years of political rhetoric both cerebral and intuitive, the 1978 Constitution appears to survive, how much longer do we have to endure it? |
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