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qrcode.31050227By giving parties the right to expel members from Parliament, Jayewardene destroyed an important principle of parliamentary democracy—the independence of members of parliament. The main justification of parliament is that it acts as a check on the executive. In the British system members of the ruling party generally support the government, but they are free to criticise and question it. Turning them into mere lobby fodder, programmed to support the government under any circumstances, makes them redundant.

In Sri Lanka, as time passed, MPs realised that they could invoke the authority of the Supreme Court against arbitrary expulsions. But such a move set them in a position of hostility against the party. This usually meant they had to cross over to the opposition if they wanted to assert their independence even on a single issue. So Sri Lanka has been deprived of one of the great benefits of the parliamentary system, which in other countries allows members who think on similar political lines to maintain basic loyalty to their party while criticizing anything they find aberrant. In Sri Lanka, on the contrary, any dissent leads to oppositioning. So it is rare to find members willing to express different opinions, which happens usually  only if sufficiently large numbers could be brought together for a change of government. But since most parliamentarians are not likely to change loyalties on appeals of conscience alone, financial incentives and promises of future office would have to be used to lure them. Instances of this approach have occurred recently, leading at the end of 2001 to a premature election.

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qrcode.30826356In my book on Political Principles and their Practice in Sri Lanka, which Cambridge University Press in Delhi published a decade or so back, I wrote that ‘Undoubtedly, the most important function of a government is to ensure the security of its people.’ People needed to ensure their safety from external threats, and they also needed security from others within the community. For the latter they needed laws to govern relations internally, with mechanisms to defend against attacks from outside – though initially these were not subject to law.

Among the most essential functions of government then are security (external and internal) and justice. So in many countries amongst the most important members of the cabinet are the minister of defence and the minister of justice. The former looks after the armed forces and sometimes the police as well, although in some countries there is a separate Ministry for this purpose.

The Ministry of Justice regulates the courts and ensures that those who break the law are brought before the law. In certain exceptional cases, as in the United States, where the doctrine of Separation of Powers is implemented thoroughly, the courts are independent of the cabinet and come under a chief justice. However, there too, there is an attorney general in the cabinet who has to ensure that the laws are implemented and those suspected of criminal acts prosecuted in the courts.

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Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Happy (Part 1)

Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Happy (Part 2)

Enemies of the President’s Promse: Mahinda Rajapaksa and the Seven Dwarfs – Happy (Part 3)

Underlying Basil’s solipsism was his political ambition. He made no bones about the fact that he saw himself as his brother’s successor. Indeed, he had been put into Parliament before the 2010 election, though a resignation of a National List member that was engineered, on the grounds that there had to be a Rajapaksa available for appointment as President if anything untoward happened to the incumbent. And though soon after the election of 2010 Mahinda Rajapaksa introduced a constitutional amendment to remove term limits, so that Basil’s hope of being seen as necessarily the government candidate in the next election was dashed, the President placed no restrictions on him presenting himself as effectively the main decision maker in government.

So, in addition to his work in the North, he set about taking control of developmental projects all over the country. Tourism was brought under the Ministry of Economic Development, which allowed him soon after the government was formed to sell a prime block of land in Colombo to Shangri-La hotels, a crass measure since it made it difficult afterwards to refuse outright ownership to such investors. Fortunately, after a great outcry, the principle that only long leases should be permitted was accepted, but again the move was typical of Basil’s propensity to push through deals quickly, regardless of wider consequences.

While he used to the full his position as patron of international ventures, he also tried to take control of the administration of the country at large. He did this through the Samurdhi programme, the welfare programme that was in place all over the country. Initially started to promote entrepreneurship, it had soon become the main vehicle of government handouts to chosen sections of the population.

Basil decided to use it to expand his empire, with graduates employed in every Division in the country to affirm the primacy of his Ministry. Indeed I was told that there had even been an attempt to appoint Samurdhi officials as Grama Niladharis, the office that was the first point of interaction between people and government. The Ministry of Public Administration staved off this effort, but it meant that for several years Grama Niladhari positions that were vacant were not filled, until finally that Ministry reasserted its control of the position. Indeed a measure of Basil’s unpopularity with his colleagues was the categorical statement, when I told the Minister that he should guard against his responsibilities being encroached upon, that the Ministry of Economic Development was encroaching on everything. Read the rest of this entry »

download (3)An enormous step forward was taken recently by Parliament, the first with regard to Parliamentary practice since COPE decided to establish Sub-Committees so that it could try to cover all the institutions that came under its purview each year. I can take some credit for this step too, since the Secretary General kindly informed me that this followed on my pointing out to him that the proceedings of Parliamentary Consultative Committees were not available to the public.

Beginning with the proceedings of May 2014, Parliament now issues a Monthly Report that consists of the Minutes of the Consultative Committees. This should in theory be a monthly document, since there are 60 Consultative Committees, all of which should meet every month according to Standing Orders. However there were only 15 sets on minutes, one of which recorded that the meeting was not held since only the Minister and I were present. So there was no quorum, though I should note that we did have a very fruitful discussion, which has been recorded, since the Ministry, that of National Languages and Social Integration, had invited representatives of the Ministries of Education and of Youth Affairs to discuss matters of common interest.

For five other Ministries the minutes had not been confirmed, which I presume means the Ministry has not as yet responded to the draft sent by the Committee Office. 40 Ministries it seems had not met. One excuse made for this lapse is that, given limited space and time, it is not possible for all the Ministries to meet each month. But this will not wash since, given that more than one meeting can be held at a time, and that Parliament sits for 8 days each month, it would easily be possible to cover the whole gamut  if 7 or 8 meetings are held on each sitting day.

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As I have noted, the Vasantha Senanayake proposals that have been sent to the Parliamentary Select Committee are to form the basis of the discussions the Marga Institute is facilitating to promote consensus. The most innovative of the ideas put forward in the memorandum submitted to Parliament is the suggestion that we accept the logic of the Executive Presidential system, and therefore bring the Cabinet in line with the executive system in other countries which have Executive Presidents – the United States and Russia and France and the Philippines, to name but a few.

On a proper Executive Presidential system, unlike the hybrid perversion J R Jayewardene introduced, those put in charge of the different branches of the executive come from outside Parliament. If they are in the legislature, they have to resign their Parliamentary positions, as Hilary Clinton and John Kerry did. Even when the President has a Prime Minister whose tenure depends on the confidence of Parliament, when that Prime Minister has won election and established a majority, he gives up his seat to take up an executive position. And as we saw with Vladimir Putin in Russia, someone who had been elected to Parliament and thereby been chosen as Prime Minister, can easily, and with greater effectiveness, be replaced by a technocrat.

Characteristically, Dayan Jayatilleke opposed the suggestion on the grounds that it would lead to the President filling the executive with his own relations. This was yet another example of an otherwise very distinguished analyst allowing ad hominem arguments to influence his judgment. I should add that his position also fails to take into account the fact that any relations who aspire to executive office will have no difficulty in getting elected, as both our Parliament and many Provincial Councils exemplify. The problem then is that even the very able start making getting re-elected their priority, whereas if Ministers concentrated only on making a success of the areas for which they are responsible, we would have decisions and actions that focus on results rather than popularity.

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Earlier this month the Liberal Party sent some suggestions for reform to the Parliamentary Select Committee meant to recommend solutions to current national problems. They are based on a vital principle that should be followed in all discussions, namely that we should try to assuage the fears of others rather than seek to assert one’s own desires. Through sensitivity to the concerns of others, one can often also ensure sensitivity to one’s own concerns.

Our suggestions reaffirm the primary obligation of the State to fulfil the objectives detailed in Chapter VI of the current Constitution. Safeguarding the independence, sovereignty, unity and territorial integrity of Sri Lanka are vital and all those wishing to broadbase the decision making process should recognize that these principles should be paramount. But equally those concerned with national integrity must also appreciate the importance of decentralizing the administration and affording all possible opportunities to the People to participate at every level in national life and in government. National unity should be strengthened by promoting co-operation and mutual confidence, while discrimination and prejudice should be eliminated.

To avoid concentration of power, the doctrine of Separation of Powers should be followed. The different layers of government should be sensitive to the needs of other layers and the People they represent, and this needs to be encouraged by structures that enhance accountability. Some suggestions below need to be entrenched in the Constitution. Others are more appropriately fulfilled through legislation, but the Constitution should direct that such legislation be put in place. I should reiterate here the importance of the first suggestion, since it is little recognized that we have the only Executive Presidential system in the world in which the Executive President is tied down to a Cabinet that is hamstrung by its Parliamentary responsibilities – which means electoral concerns in the main.

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Rajiva Wijesinha

September 2017
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