The Constitution We Need

By Veluppillai Thangavelu –June 10, 2016

Veluppillai Thangavelu

Sri Lanka is in the process of framing a new constitution. A resolution submitted by Prime Minister Ranil Wickremesinghe seeking parliamentary approval for the appointment of a constitutional assembly was adopted unanimously on March 10, 2016.

The original resolution underwent significant amendments proposed by the Sri Lanka Freedom Party (SLFP), the Joint Opposition and the Janata Vimukti Peramuna (JVP). This is the third attempt at constitution making since independence in 1948. The last Constitution which gave birth to a Presidential system of government was introduced by J.R. Jayewardene. It came into effect on February 4, 1978 and since then has undergone 19 amendments during the last 38 years.

The new constitution, inter-alia, is aimed mainly at (a) Reforming the electoral system, (b) Abolishing the Executive Presidency, and (c) Finding a solution to the ethnic problem  through various forms of devolution.

The Government appointed a Public Representation Committee (PRC) to obtain the views of civil society, institutions and individuals outside the elected parliament. The PRC has since submitted its report to the government in all three languages.

Constitutional making is not going to be easy as evidenced by the inadequacy of the 1972 and 1978 constitutions. These constitutions reflected the narrow political philosophy of   the then leaders of the SLFP and the United National Party. Mrs. Srimavo Bandaranaike wanted to vest power in the hands of the majority Sinhala – Buddhists at the expense of other national minorities. J.R. Jayewardene who was an ardent admirer of American President Dwight Eisenhower and French Charles De Gaulle always dreamt of introducing an executive presidency in Sri Lanka.

In 1971, he moved a resolution in the Constituent Assembly in support of an executive presidency. The resolution was rejected, but when his chance came in 1977, he ditched the 1972 constitution in favour of an executive Presidential style government. J.R. Jayewardene became a constitutional dictator under his 1978 constitution. He boasted that he can do anything except making a man a woman or vice versa.

His successors made full use of the executive powers of the President to the extent of subverting parliament and undermining the independence and powers of the judiciary. Ironically, Mahinda Rajapaksa who came to power promising to abolish executive presidential system made full use of the same system. He became an authoritarian ruler, especially after the 18th Amendment.

In short, both the Republican Constitution of 1972 and 1978 were fundamentally flawed concentrating power in the hands of single individuals and failed to protect and safeguard fundamental democratic values and principles. The 1972 Republican constitution ditched the Soulbury constitution by conferring   constitutional status to the Sinhala Only Act, giving the religion of the majority foremost place and declaring Sri Lanka a unitary state. These provisions were almost reproduced verbatim in the 1978 constitution by J.R. Jayewardene.

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