The main topic of conversation among most people these days—and justifiably so—is the crucial January 8 Presidential Election and the drama or comedy of cross-overs, criss-crosses, double-crosses and even triple jumps since November 21.

Conflicting views are being expressed about the legality, the legitimacy, the morality and the ethics of members of parliament or local councils crossing over to another party while the sovereign people elected them from one party. We need to acknowledge and respect the principle of a conscience vote or a resignation on the basis of disagreement on vital policy issues. This is widely accepted as the motivating issue behind the SWRD Bandaranaike cross-over in 1951—and event which changed the history of Sri Lanka for better and/or for worse. Mr. Bandaranaike sacrificed a powerful ministerial portfolio with all its perks and privileges and took a major risk in forming an opposition party. So was the case in the crossover of senior minister C. P. de Silva and 13 others in 1964. They also sacrificed portfolios, powers and privileges on an issue of national importance. The Soulbury Constitution of 1948 and the Republican Constitution of 1972 did not prohibit cross-overs. But in 1978, President J. R. Jayewardene assisted by his brother H. W. Jayewardene and other constitutional experts like A. J.

Wilson, formulated and imposed a constitution with the executive presidential system as one of its foundations. This constitution strictly prohibited cross-overs on the basis that an MP elected by the people from one party had no moral or legal right to crossover to another party without the approval of the people and there was no provision for by-elections to obtain that approval.  Most independent analysts believe that with a five-sixth majority in parliament the constitution was twisted and turned for the benefit of the ruling party and not so much for the country. One of the most notorious cases of misuse of the Constitution was the 1982 referendum which may have been legal but was clearly illegitimate because it transformed a 50 percent win in the referendum into a five-sixth majority in parliament. The consequences were catastrophic and we hope it never happens again. One of the lesser known cases of the twisting of the Constitution was the infamous Rajadurai Amendment which allowed a then Federal Party MP to crossover to the government. This was supposed to be only for Chelliah Rajadurai. But when Sarath N. Silva became the Chief Justice in 1999 he virtually legalised cross-overs even when they were clearly for power, portfolios and other privileges. Mr. Silva now among those in the forefront of the common opposition to oust President Mahinda Rajapaksa and abolish the executive presidential system, now appears to be regretting the legalisation of cross-overs. But the consequences of it turn out to be a calamity till 2010 when President Mahinda Rajapaksa worked out deals with various parties and politicians to get a two thirds majority in parliament. This went on with absolute power appearing to be corrupting absolutely until November 21 when the tide and the equation miraculously changed and set the stage for the showdown on January 8.    

With crossovers specially to the ruling alliance taking place to obtain one month portfolios and others allegedly after huge financial deals, independent analysts believe the time has come to stop cross-overs. With the electoral system likely to be reintroduced it would be good for the country if we have a principle whereby a minister or MP who wants to crossover would have to resign and obtain the approval of the people at a by-election.
We join millions of right thinking people in urging both main contenders to include this provision in their manifestos.