Need for a Constitution to ‘Neuter’ the Politician: Power back to people!

The present framework restricts the sovereignty of the people merely to the day they go to the polling booth to change or retain the ruling party, [mostly according to their irrational selections] and thereafter leave sovereignty in the “safe” hands of the unscrupulous elected [servants], and take a backseat watching powerlessly whilst their servants turned masters breach their confidence and expectations with impunity! The sovereign citizens have no recourse to intervention, when the 225 take turns in causing irreparable damage to economy, culture, heritage, while tarnishing the image of the country, and selling its treasures to outside world as if they were their personal inheritances. A new regime will exonerate the plunderers of the previous from litigation on an understanding. With Constitutions drafted by politicians or men appointed by them, the tragedy will continue. 

A Constitution only becomes significant if people own it and can assent to it proudly with a sense of belonging.  If democracy and sovereignty is to have any meaning, to secure a safer and more contented country for future generations, especially, in this critical juncture in our history, people at all levels should be part of a system where decision making flows from the grassroots to the top. This would be a unique opportunity to restore the power back to the people. The constitution should recognise equally, all who believe that Sri Lanka is their homeland, the Sinhalese, Tamils, Muslims, Malays and Burghers and even Adivāsis!: it should recognize all linguistic communities as essential parts of its society and that the country belongs to all communities and therefore that everyone has equal right to live together in peace and harmony on  principles of equality, justice and freedom.  Equal protection before the law and justice for all religions and races under one law for each and every citizen in a society based on rule of law, fundamental rights, freedom and social justice are essential features in the Supreme Law of the nation.
“…There can be fair time delays between the elections for the two institutions. One can, therefore, visualize a position where two diverse political characters can reign in the two bodies. A left-of the centre Parliament can well meet a right-inclined Executive. This can be the commencement of a continuing and perpetual clash. The President appoints the Prime Minister from among the representatives. He will choose one who he ‘thinks’ commands a majority in the Assembly. With a left majority in Parliament, he will be obliged to settle on a left Prime Minister.”—Dr N M Perera

Can one interpret this vague clause, ‘…who he thinks’ as it appears in our truncated Constitution? People are sovereign in a republic and no power or political might could grab that power from the citizens.  The proposed draft for a new constitution must allow people’s direct participation in the administration of the country.  That is the ideal way for the citizens to empower themselves against the politicians; an arrangement that would deal with the problems faced by different sections of the society divided by narrow racial, religious, caste, creed and class - mainly the poor, especially the categories called ‘minorities.’ 

"If democracy and sovereignty is to have any meaning, to secure a safer and more contented country for future generations, especially, in this critical juncture in our history, people at all levels should be part of a system where decision making flows from the grassroots to the top"

We experienced the first bad results of the Executive Presidency during the CBK-RW ‘unity’[2001-2004] cohabitation that took the nation back by several years before it was unilaterally disbanded by President Chandrika. Not having learnt their lessons, the voter for the second time, in 2015, preferred a ‘hybrid’ administration of an SLFP President and a combined Parliament of the main UNP and one part of a split SLFP, working under the UNP leader; which the 2010 Common Presidential Candidate, Field Marshal Sarath Fonseka recently described as the worst coalition government that ever functioned! 

Article – 9 of the Constitution says that “ The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddhist Sasana, while assuring all religions the observance of the rights granted by Articles 10 and 14(1) (e).” The government must either act on this clause to directly intervene, question, acquire, and continue in any manner as it perceives as fitting to protect and uphold ethical conduct of clergy, financial discipline,  matters that leads to the security, safety of the Sasana, or drop it and treat all religions equally. 

The Tamil speaking people should be able to sing the National Anthem in Tamil or a single Anthem sung in Sinhala with a few verses in Tamil. The new national anthem of South Africa, as Nelson Mandela ordered, is one anthem sung in five languages. Constitutional provisions to prevent the denial of democratic rights, arbitrary arrests, human rights violation, bribery, corruption, malpractices, and the accumulation of wealth by small groups, poverty, that our country has been facing since its independence under every government are mandatory. The LLRC appointed by President Mahinda Rajapaksa in its report has emphasised on, ‘the Root Cause’ of the ethnic conflict - Para – 8.150: “The Commission takes the view that the root cause of the ethnic conflict in Sri Lanka lies in the failure of successive Governments to address the genuine grievances of the Tamil people.” The main task of the Constitutional Formulation Committee is to draft a new Constitution where all the communities could similarly contribute towards the growth and live a peaceful life without any fear of conflict. Before the extremists groups attempt to nationalise this matter, the moderate level-headed masses must endeavor to find answers acceptable to all! The government needs to focus on more imperative economic matters which are far more significant than 
mere symbolism.

The power to govern should ultimately rest with the people themselves, by way of empowering them at grassroots level; in order to ensure that those who get elected to govern will truly be obliged to become the servants of those who elect them. A ‘Code of Ethics’ for parliamentarians, is of paramount importance. Separation of powers of Executive, Legislature and Judiciary with appropriate checks and balances, ensuring that one will not have supremacy over the other, and that all sections will work cohesively in the interests of democracy and the Rule of Law. Civilian-Authority is the only way out of the existing structure that is rotten to the core.

It is utterly disappointing that unconscionable strikes that are called by ‘trade unions’ and NGO groups motivated by self-interest and opportunism are causing massive inconvenience to the public. Loss of valuable man/hours and money, and the deprivation of the rights to education, travel, and health facilities of fellow citizens have reached irretrievable proportions. The timing and nature of most of the strikes that have taken place indicate that they are backed by immoral political agendas of disgruntled elements and often by rejected political party leaders, which on the other hand, resonates the utter incompetence of the ruling factions to “deliver on their promises”, are the crucial areas the framers of the draft, need to 
focus upon.

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