Is Time Running Out For Constitutional Reform?
Javid Yusuf
One of the most compelling items on the National Agenda currently is the question of Constitutional Reform. And the most critical aspect of the Constitutional Reform process must necessarily be the issue of the Executive Presidency.
After a near 40 year experience with this all powerful institution there is general consensus that the institution must be reformed and the Executive Presidency abolished. Yet there are some who argue to retain this institution. While there are some who genuinely believe, albeit in the face of evidence to the contrary, that a centralised form of governance is beneficial to the country, the more vocal of the proponents of the Executive Presidency do so with vested interests.
The central premise of the call for the abolishing of the Executive Presidency is based on the need to democratize the structure of the State. Sovereignity in the Sri Lankan Constitution resides in the people and the concept of an all powerful Executive is at complete variance with the people’s sovereignity as it isolates itself from the sovereign people.
The founder of the 1978 Constitution J.R. Jayewerdene justified the Executive Presidency on the basis that “it would not be subject to the whims and fancies of Parliament.” Given that Parliament comprises the representatives of the people what this means is that the Institution of the Executive Presidency is insulated from the will of the people which is therefore the antithesis of democracy.
The dangers of a Presidential form of Government were highlighted by far sighted leaders of this country well before it was enacted in the 1978 Constitution. Dudley Senanayake opposed it when it was first suggested. Dr. N.M. Perera and Dr. Colvin R. de Silva vehemently argued against it and pointed out the negative impact it would have on the country when the 1978 Constitution was being drafted.
When the 1972 Constitution was being formulated by Mrs. Sirimavo Bandaranaike’s Government, J.R. Jayewerdene proposed that the Executive Presidency be included in the new Constitution but the SLFP Leader vetoed the idea stating that such an institution did not suit Sri Lanka. This despite the fact that she would have been the first beneficiary of the Executive Presidency which would have clothed her with virtually unlimited powers.
Over three decades after Sri Lanka’s unhappy experience with the Executive Presidency the Venerable Maduluwawe Sobitha Thera launched the National Movement for Social Justice and relentlessly campaigned for the abolition of the Executive Presidency. His tireless effort culminated in the victory of President Maithripala Sirisena at the Presidential Elections of January 8, 2015 whose campaign was primarily based on the platform of aboliishing the Executive Presidency.
Two and a half years after the change of Government the Constitution Reform process is in danger of being derailed with still no end in sight. According to the resolution setting up the Constitutional Assembly the next step in the process is for the report of the Steering Committee to be presented to the Constitutional Assembly for debate and discussion. Although it was scheduled to be placed before the Constitutional Assembly in January this year it has been delayed reportedly due to the SLFP segment in the Government dragging its feet in submitting its proposals.
