Executive Presidency in its death throes?

by Lalith Allahakkoon

( November 19, 2015, Colombo, Sri Lanka Guardian) President Maithripala Sirisena has renewed his pledge to abolish the Executive Presidency ( EP) which had been a sticking point in the country’s body politic ever since its introduction in 1978.There had been various pledges to abolish the EP by political leaders seeking power. The SLFP which was the most vociferous critic of the system and even took to the streets demanding its abolishment, saying it was the fountainhead of all evil affecting the country, stayed put with the system, once installed in office. Even the left leaders such as Vasudeva Nanayakkara who tore JR apart for assuming excessive powers under the EP shamelessly voted for the 18th Amendment which did away with Presidential term limits. But this time though it appears that President Sirisena means business.

Addressing a group of Lankan expats who were granted duel citizenship, at a function at Temple Trees on Tuesday, the President promised to do away with the remaining powers of the Executive Presidency, a reference to the 19th Amendment. A special Cabinet paper was to be submitted yesterday towards this end, prior to which President Sirisena had a discussion with Prime Minister Ranil Wickremesinghe. In it, he is to recommend the abolishing of the EP in toto and transfer its powers to Parliament.

It must be recalled that President Sirisena made the same pledge before the remains of Ven Maduluwawe Sobitha Thera, at the Parliament grounds prior to the cremation. He assured the nation that the Government would totally abolish the EP as promised in his election manifesto. The occasion was significant in that it was Ven Sobitha and his Movement for Social Justice who formed the vanguard agitating for the abolishing of the EP. There were even rumours to the effect that the prelate died a sad and disillusioned man due to the deviation from the Yahapalanaya course by the present incumbents and the failure to effectively do away with the EP.

Be that as it may, the President has shown urgency in this regard. He also sounds genuine. We say this because today the National Government commands a two thirds majority in Parliament unlike prior to August 17. On that occasion although the 19th Amendment was passed with only a single member of Parliament voting against, there was much filibuster on the part of the pro-Rajapaksa opposition that rendered the whole exercise somewhat of a farce.

This time though the National Government has solid support to effect the vital changes that will see the back of the EP in its totality. Hence it is more than likely that the President is deadly serious in scrapping the much maligned Executive Presidency that survived both Chandrika and Mahinda. There is however a snag.

It is well known that almost all the minority parties want the retention of the EP, as it gives them leverage with the major political parties, especially during election time. They are in a position to offer a bloc vote of their communities during a presidential election that would give them strong bargaining powers when it comes to the offer of Ministerial portfolios and other appointments, which would not be the case in a Parliament election when this vote is bound to get diluted leaving them in the lurch.

President Sirisena no doubt is placed in a dilemma. In trying to honour a major pledge made at the election and more importantly remove a major irritant with the majority community he has placed himself in a position whereby he will alienate the minorities who voted overwhelming towards his victory on January 8. Even among sections of the majority community notably the nationalist minded Sangha, abolishing the EP would not be taken to kindly (even people like Champika Ranawaka and Ven. Athuruliye Rathana demurred on this score). These sections are of the view that a Prime Minister dependent on a Parliament majority for survival is no substitute for a strong leadership with all the levers of power in his hands, embodied by an Executive. This notion was given much currency especially during the war against terrorism, where the need for a strong leadership in the form of the Executive President was emphasized.

On the other hand, for most, especially the enlightened and the initiated, the ills and shenanigans associated with the EP far outweighed its positive facets. These segments were privy to the blatant acts of bribery, corruption, nepotism and cronyism etc. that existed under the Rajapaksa oligarchy. It is they and the likes of Ven Sobitha who took the initiative towards ridding the country of the EP, which for them was the fount of all the ills that beset the country. They saw in the Rajapaksa act of doing away with Presidential terms, an attempt to further propagate family rule and pave the way for even greater corruption and oppression.

Pledging to abolish the EP the President put it in a nutshell when he said that the Executive Presidency posed a challenge to democracy and freedom of the people. Well, he has expressed his determination to exorcise the genie that had enveloped the entire nation with its evil influence.

( Lalith Allahakkoon is the Editor, Daily News, Colombo, where this piece was originally appeared.)