19A & The Super Prime Minister
Rashantha N. de Alwis-Seneviratne
The Constitution of 1978 seems to be even more important today for the simple reason that the Executive President is supposed to be more powerful than is good for the country. As such, certain constitutional reforms are being proposed by the incumbent interim government in the form of a19th Amendment, in order to clip his wings. The proposal has been called a ‘Healthy Tonic to the Democracy’ by one and ‘a Cyanide Capsule’ by another. Oscar Wilde would have looked at it and probably said, Oh well –‘’It is neither bad nor good; it depends on how one looks at it’’. It is interesting that the gentleman who thinks the Amendment is a tonic would like the President to have ‘’some executive powers’’ and act ‘’always and only on the advice of the Prime Minister and the Cabinet of Ministers’’. I immediately imagined the President sprawled in his No.8 chair in Parliament – with his head lolling on to a side, looking like he it was he who needed the tonic! I could not help it. The subject, of course is, worthy of the best zoom and wide angle lens but my attempts to analyse it was pre-empted by a legal-eagle friend, who has a far more critical mind than I.
To begin with, from where does the Executive President really derive his power? It was Aristotle who said ‘’There are three elements in each constitution …. First, the deliberative, which discusses everything of common importance; second, the officials and third, the judicial element. This highlights the three elementary functions that are required for the organisation of any state. We know that these functions are commonly known by us as the Executive, the Legislature and the Judiciary and that they are carried out by the Government elected by the people – the three powers of government.
The Legislature is the law-making body which comprises the Parliament. The Legislative function involves the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations.
The Executive is all the institutions and persons concerned with the implementation of the laws made by the Legislature. It involves the central and local government and the armed forces; it includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state.Read More
