Constitution Making In Sri Lanka: Why Should The People Be Vigilant?
By
Siri Gamage
–January 5, 2016
Dr. Siri Gamage
At a time when the parliament is to convert itself to a Constituent Assembly for the purpose of preparing a new constitution for Sri Lanka, it is useful to reflect on what a new constitution means for a country and its future as well as its varied functions. Constitution is ‘a contract’ among people and with the people. It provides a blueprint and a legally enforceable guide to how the country should be governed, by whom and for what end? A constitution also defines the nature and limits of power held by key office holders of government as well as the basic rights and responsibilities of citizens. In addition, it contains a vision and an indication of fundamental values that reflect the social and cultural fabric of society. For example, democracy, coexistence, equality, non-alignment and justice. A constitution helps the legislature, the executive government and the judiciary in their deliberations to avoid unnecessary confusion and conflict in performing their respective roles. Thus, the constitution making process will bring to focus what our basic values are for co- existence, harmony and move forward as a country with its governance structure and procedures defined. The process of constitution making will, however, bring to light conflicting ideas on how to govern the society, what key institutions should be there, and their nature, responsibilities and powers as well as inter-linkages.
Constitution making process, though undertaken by elected representatives to the current parliament for drafting a bill for the purpose, is not only a legal process. It is a much broader sociological exercise involving all citizens as the outcome can bind everyone for the foreseeable future once instituted. Yet the new constitution will be determined by way of a two-thirds majority in the parliament as elected members are the people’s representatives. Read More