Some Imperatives In Constitution Making

By Somapala Gunadheera –February 24, 2016

Somapala Gunadheera

The Government’s effort to make a new Constitution appears to be dragging its feet. With the resolution on framing a new Constitution getting postponed and re-fixed and a palpable indecision on the way to go, an impression is being created in the public mind that the project is still groping in the dark.

A Survey

The first imperative in framing a Constitution is to ascertain the views of the general public on the provisions to be included in the proposed legislation. A committee has been set up to report on this aspect and it appears to be going about its task with enthusiasm and wide publicity. It has drawn up a time table to visit all parts of the country and ascertain the views of the people.

The purpose of this survey ought to be to get a reliable idea on what would please the majority of the people in the final product. But can the current survey make a dependable assessment on this point? The initiative as structured, can only produce a ‘Pilgrims Progress’, detailing what individuals said to the reporters on their way. Such hearsay information cannot guide the framers of a Constitution through the pitfalls on the way to their destination.

The framers need reliable information on the issues involved, such as their relative importance, ratios and proportions of public support, optimum alternatives and what would be sustainable in the long run. That is a job calling for resort to a scientific statistical survey. Such technology and expertise is readily available locally and it is a pity that this resource does not appear to have been tapped so far. It is still not too late to commission such a survey to enable the framers to select their alternatives on firm ground.

Consultation

The survey report will disclose the total picture of the background to the framing. It will identify areas where a consensus has to be built up to minimize controversies that might crop up in due course. Building consensus calls for a representative body consisting of the interests involved in the final product. The Committee appointed to ascertain the views of the public has decided on second thoughts, to extend its time table to enable it to consult the stakeholders, the racial and religious groups etc. Their’s cannot be a ‘thus have I heard’ report. It calls for a deep knowledge of the rifts and divisions which can only be sorted out after a scientific survey. It involves selection of the parties to be consulted and calls for a forum at which the stakeholders can sit and reach consensus after intimate discussion.       Read More