The Hybrid Features Of The Present Constitution Must Be Removed

By R.M.B Senanayake – December 31, 2014 

R.M.B. Senanayake

The most important feature of the Executive Presidential form of government which distinguishes it from the Westminster form is that the Executive is separated from the Legislature and the Judiciary and the separation of powers is followed down the line. It is not only the Executive President who is separated from the Legislature. It includes all his Ministers as well. The Executive President appoints his Ministers from outside the Legislature – the Parliament. This is seen in the U.S Presidency. In France which also follows the Executive Presidency Ministers can be appointed from Parliament but they cease to be voting members in Parliament although they could sit in Parliament. President J.R J with all his political maturity and experience failed to appreciate the need for a strict separation of powers to safeguard freedom. He adopted the practice of appointing only Members of Parliament as his Ministers and they continued to exercise their votes in Parliament. This gave the opportunity to MR to buy over all the MPs in Parliament by appointing them as Ministers ignoring the administrative rationale for the appointment of Ministers.

President J.R J crated a hybrid form of government unknown to political science in a liberal democracy. He thus dropped the principle of separation of powers and failed to adopt the principle of drawing Ministers from outside Parliament which gave the President the choice of appointing competent Ministers with administrative experience and modern knowledge. These are the indispensable features and advantages of the Executive Presidency.

Why is it necessary to have competent Ministers and can we obtain them by confining the selection to MPs? Because modern government is complex. This point was explained by President Wilson to justify the scrapping of the spoils system in USA where officials were appointed on political patronage. It was abolished in 1883. Persons who are appointed as Ministers should have a knowledge of modern economics science and even modern technology. They must also have experience in managing a large enterprise. Do our elected MPs have such knowledge and management experience? Most of them lack modern knowledge since in 1956 the country sought a revival of our ‘glorified’ traditional past. English as a medium of instruction was done away with. Language is not only a mode of communication and learning but also transmits social moral and cultural values. So we lost the understanding of liberal values and ignored their historical development through the 1688 Glorious Revolution in England and the 1789 French Revolution. We have failed to instruct the youth in these values and instead a half baked Marxist doctrine is imparted. So the JVP still believes in Marxism despite its failure and abandonment in Russia and China which have opted for free market economies or Capitalism. Our politicians are from rural backgrounds ignorant of modern knowledge. Are such MPs suitable for appointment as Ministers in a modern State?Read More