Even the best constitution can be abused - Geoffrey Alagaratnam

by Dhaneshi Yatawara

Constitutional reforms should increase the participation of people to strengthen democracy and good governance, says President's Counsel Geoffrey Alagaratnam who also believed constitutional reforms should help create a people's constitution. However he pointed out that even the best constitutions can be abused for petty political gains, and adds "People should realise the need to strengthen democracy".

Excerpt.

Geoffrey Alagaratnam

Q: What are the changes that should be incorporated in the Constitution to address the current shortcomings ?

A: Public institutions could be strengthened further. Though the 19th Amendment was brought in it diluted to a certain extent where there was too much control in the Constitutional Council by parliamentarians. Of the 10 members seven were MPs. The primary aim was to have only three parliamentarians and the balance seven from the civil society. This will affect the independence of appointing professionals to commissions such as the Judicial Services Commission.

Judiciary is the last bastion to protect the rights of people and it should be broad based. The judiciary suffers if a chief Justice with bias views is appointed to head the Commission. This is applicable to all Commissions. There should be a mechanism for more checks and balances.

Q: Do you think adequate measures are being taken to achieve the desired changes in the Constitution to establish good governance?

A: I do not think. There is much more to be done with a certain sense of urgency. The civil society and professional groups must exert pressure on the authorities to expedite the changes.Constitutional reforms need time since it needs adequate consultation.However issues such as Right to Information, electoral reforms, anti corruption measures and measures that would strengthen democracy should be incorporated soon. Reconciliation, a code of conduct for parliamentarians and public officers are essential to establish good governance.

Q : These changes are long overdue. What are the reasons for the delay?

A: There was pressure from certain groups but it was not strong enough to bring these changes.

People of my profession could have been stronger and could have brought about the changes much earlier. But we must always remember politicians are not interested in the country and the people. They are only concerned on wining the next election. Democracy is too precious to be left in the hands of politicians or a political party. Professions should be united and set a precedence. We, as professionals, have a greater role to play. We have not done it the past.

Q: What changes do you envisage to ensure good governance and protection of the rights of people?

A: Even the best of constitutions can be abused. A strong constitution alone will not ensure democracy. There should be enlightened politicians. Economic development and ensuring social, cultural and religious rights of the people are vital aspects of a vibrant constitution. Independent institutions such as the Commissions of Elections, Police and the Public Service are vital. Anti corruption measures need to be established along with an independent Commission for Government Procurement. independence of the judiciary should be ensured. Abolishing the executive presidency and a parliament answerable to the people are essential.

Q: Are constitutional reforms alone enough to ensure the independence of the judiciary?

A: The tenure of judges and salaries should be reviewed. Judges get a small pension. The tendency for them is to seek favours. The appointment and impeachment procedures of judges are vague and arbitrary. These procedures shouyld be revisited. The Judiciary should be independent in appointing administrative staff. There should be measures to strengthen the judiciary with checks and balances.

Q: There are allegations against the judiciary for delaying justice. Would there be a solution to this through constitutional reforms?

A: The 1978 Constitution stipulates that the Supreme Court bench should comprise 11 judges. Today the number is still the same with no changes to the work load. There is a need to increase the number of judges. Competent staff should be recruited to the judiciary. Diverting certain types of cases, like the Fundamental rights cases out of the Supreme Court could bring some solution rather clogging all FR cases with the Supreme Court. E-filing should be introduced to expedite the legal process.

Q: Do you think people feel the need for constitutional reforms and would it be practical?

A : We have to be positive in this matter. Certain changes are easy such as abolishing the executive presidency. What is more important is the awareness of people. People should realise the need to strengthen democracy and check the abuse of power. People should be involved to formulate a people's constitution.