REVIVAL OF THE UNITY GOVERNMENT

by Lakshman I. Keerthisinghe-2018-03-03

"In necessary things, unity; in doubtful things, liberty; in all things, charity."
- Richard Baxter

Media reported that Speaker Karu Jayasuriya had stated in Parliament that legal experts had advised that there was no issue with the continuation of the Unity Government ,as the related parties, have expressed their willingness to continue, He said he was advised that it was required to submit a written agreement to ensure the legitimacy of the said government .Some opposition Members of Parliament were of the view that the relevant parties had answered only the political matter and not the constitutional aspect of the issue. In order to solve the Constitutional matter, the Speaker should use his rights under the Right to Information Bill and get the agreement before Parliament. A copy of the agreement should be submitted before the House, they said.

It is relevant to note that in arriving at a written agreement as proposed by some parliamentarians, it is advisable to consider some thoughts on good governance advocated by that great philosopher, Kautilya (also known as Chanakya and Vishnugupta), who lived in India around 150 AD., as it appears to be very relevant at the present time when the revival of the unity government has taken place.

Kautilya in his treatise Arthashastra states:-'An equal treaty (or agreement) is one in which the stronger king gets a greater share, and equally powerful king an equal share and a weak king a smaller share, while an unequal treaty (or agreement) is one in which, a strong, equal or weak king does not get a share according to his power.' The balance of power between the parties to such an agreement would invariably tilt towards the more powerful party whoever that may be. Whatever the agreement between the parties to the unity government it is advisable that such agreement should be in writing and accessible to the people in whom the sovereignty of the state lies. The most important aspect is found in the advice of Kautilya when it was stated 'In the happiness of his subjects lies the king's happiness; in their welfare his welfare. He shall not consider as good only that which pleases him but treat as beneficial to him whatever pleases his subjects'. Thus the main object of a ruling party should be the happiness of the people governed by them. If that object is not fulfilled their survival in politics would become minimal.

Kautilya in his Arthashastra speaking of the King or the ruler expressed the following thoughts: 'a king with a depleted treasury eats into the very vitality of the citizens and the country'. At the same time 'a king, who impoverishes his own people or angers them by unjust exactions will also lose their loyalty'. When unjust extactions are considered the bonds scam captures the public mind.

Kautilya further states 'impoverishment, greed and dissatisfaction are engendered among the subjects, when the king: (i) ignores the good people and favours the wicked;(ii) causes harm by unrighteous practices; (iii) neglects the observation of proper and righteous practices; (iv) suppresses dharma and propagates adharma; (v) does what ought not to be done and fails to do what ought to be done; (vi) fails to give what ought to be given and exacts what he cannot rightly take; (vii) does not punish those who ought to be punished but punishes those who do not deserve to be; (viii) arrests those who should not be arrested but fails to arrest those who should be seized; (ix) indulges in wasteful expenditures and destroys profitable undertakings; (x) fails to protect the people from thieves and robs them himself; (xi) does not do what he ought to do and reviles the work done by others; (xii) causes harm to the leaders of the people and insults those worthy of honour; (xiii) antagonizes the wise (elders) by lying and mischief; (xiv) does not recompense service done to him; (xv) does not carry out his part of what has been agreed upon and (xvi) by his indolence and negligence destroys the welfare of his people'. 'When one considers the above factors the present day parliamentarians should appreciate how far these factors have been followed by the government in which they serve as legislators.

Further Kautilya stated: 'The king shall be ever active in the management of the economy. The root of wealth is economic activity and lack of it brings material distress. In the absence of a fruitful economic activity, both current prosperity and future growth will be destroyed. A king can achieve the desired objective and abundance of riches by undertaking productive economic activity.'

In conclusion, it must be stated that rather than engaging in petty party politics and fighting among themselves the parliamentarians elected to serve the people should act harmoniously to ensure the happiness of the people and prosperity of the nation.

(The writer is an Attorney-at-Law with LLB, LLM, MPhil.(Colombo) keerthisinghel@yahoo.co.uk