The real problem

Editorial-April 10, 2015, 7:43 pm 

The government is all out to have the 19th Amendment to the Constitution passed. The executive presidency is vested with draconian powers and they must be done away with urgently and constitutional safeguards introduced to restore democracy, we are told.

However let’s not dupe ourselves into believing that the abolition of the executive presidency or the curtailment of powers vested therein will be a kind of panacea. Most of the problems that warranted amendments to the Constitution have been caused by the presidents rather than the executive presidency. The sad truth is that we have had to weaken that institution because we cannot trust our presidents with power. We didn’t have any problems with the Constitution or the executive presidency during President D. B. Wijetunga’s tenure, did we? He never let the unbridled power get the better of him. He acted with restraint without making a nuisance of himself.

Having become President following the assassination of his predecessor, Wijetunga presided over one of the worst political crises in the country. But, he ensured a smooth transition of power following his party’s electoral defeats in the late 1994. He took on the LTTE with might and main, but never did he ride roughshod over the citizenry. He maintained a very low profile. His example is worthy of emulation.

A powerful prime minister with a steamroller majority in Parliament could become as problematic as an executive president. Prime Minister Sirimavo Bandaranaike’s United Front government which came to power in 1970, it may be recalled, abused its two-thirds majority to extend the life of Parliament by two years. The late President J. R. Jayewardene went a step ahead and replaced a general election with a referendum in 1982 to rule the country for six more years while retaining his five-sixths majority.

True, the situation took a turn for the worse after 1978, when the executive presidency came into being. But, it is because of the kind of politicians we are burdened with that the Constitution has to be amended in this manner and the country is in a mess.

No amount of tinkering with the Constitution or even the promulgation of a new one will solve our problems so long as the country is governed by power hungry politicians who subjugate the national interest to their personal agendas. We need statesmen who can be trusted with power. That is the only solution.

Abuse of privileges

The executive president’s legal immunity continues to worry champions of democracy. No one should be above the law in a democratic society where everybody is considered equal. Therefore, it is argued that not even the head of state should be immune from prosecution. JVP Propaganda Secretary Vijitha Herath pointed out in a TV debate on Thursday night that the incumbent government had reneged on its promise to strip the executive presidency of legal immunity.

Is it only the executive president who should be deprived of legal immunity? True, presidents have abused power because they were above the law. But, parliamentarians also abuse their privileges with impunity. They utter diabolical lies, insult people and make various bogus claims in Parliament. The victims have no way of replying to them or seeking justice. That there are anti-social elements in the garb of lawmakers is only too well known. These dregs, too, enjoy the freedom of the wild ass.

Parliamentarians should, no doubt, have certain privileges without which they cannot carry out their legislative duties and functions. But, action should be taken to prevent their privileges being abused to defame people.

At a time efforts are being made to reduce the presidential powers, serious thought should be given enabling the people to defend themselves when their rights are blatantly violated by parliamentarians who act in a cavalier manner.