SHOULD EXECUTIVE PRESIDENCY BE ABOLISHED IN SRI LANKA
Posted on March 3rd, 2019
BY EDWARD THEOPHILUS
Executive presidency in Sri Lanka has been integrated to the country’s constitutional administration and public has gradually understood the significance of the executive presidency to Sri Lanka’s society despite rhetoric of some political parties to abolish this great institution. It is the symbol of Sri Lanka like the king in history. Mr J.R. Jayewardene introduced the system with a clear understanding of its requirement to the country with long term experience, understanding and possible instability in Sri Lanka’s politics. Mr Jayewardene properly consulted all political parties and ethnic groups of the country before officially introduce the system. Tamil communities highly agreed with the system and the son in law of Mr Chelvanayagam strongly advised Mr Jayawardene to introduce the system considering the instability experience in 1958 emergency. Current TNA Members have no idea about the consultation, some time they were inferior members of the party.
The stability of Sri Lanka is strongly based and dependent on the executive presidential system, which has highly democratic and conformity with the sovereignty of people. The democratic value and the sovereignty of people have violated by the system of electing members to the parliament in which several members are appointed by the political parties in addition to the elected members by votes of people. The appointment of members to the parliament was abolished in 1972 as it was purely undemocratic practice. Unfortunately, it was reintroduced un the election law after i982. The appointment of a Prime Minister to the country could be a person appointed to the parliament who was not elected by votes of people. If so the Prime Minister of the parliament could not be considered as strong reflection of democracy in the country according to the current practice.
When it deeply considers the pattern of electing members of the parliament it could not be considered that the parliament of Sri Lanka is a democratic institution with the conformity of the sovereignty of people. Many appointed members have no consent of people. The best example was that after the 2015 general election political parties appointed members to the parliament who were rejected at the election. Was its democracy or a violation of democratic principles. Why JVP wants to abolish the purely democratic institution of the executive presidency and transfer the democratic institution to the parliament, which has an artificial democracy without the sovereignty of people?
Since Mr J.R. Jayawardena all presidents elected showed that the executive presidency has been the protector of the sovereignty of people and the most effective institution for the control of corruption, stability and the desire of the age of Sri Lanka. There is no argument that if any one attempts to abolish the executive presidency it is an action against the democracy.
The supreme court of Sri Lanka well considered the draft bill of the 20th amendment and rejected it with clear examples. Why JVP wants to pursued a bill that was rejected by the supreme court.
Another vital point that must be considered is if the executive presidency abolishes the associated practices created with 13th amendment to the constitution should be abolished and Do political parties agree with idea? No, it will not.
Politics in Sri Lanka is a Machiavellian practice than a practice of true democracy. Today most important practice is giving an opportunity to elect representatives to the parliament not blocking elections in the name of democracy.
March 3rd, 2019 at 4:48 pm
The quarter Indian JRJ introduced all these constitutional changes at the guidance of India and Indian Colonial Parasites.
His all pro Sinhala activities were to get Sinhala votes.
March 3rd, 2019 at 6:29 pm
Currently, the following are talking about abolishing the Executive Presidency;
1. Run-nil cannot win if he runs for EP. It is an accepted fact.
2. My3 cannot win if he runs for a second term due to his Only Talk No action approach,
3. JVP can never win if they stage a candidate.
4. TNA want to get rid of it as it is the only hindrance for declaration of Ealam.
5. MR cannot run as he has finished his quota.
All these 5 entities measure the value of this EP Institute from their own benefit point of view. None of them view from the point of view of the country.
None of the 225 MP’s had any guts to tell them “Okay if EP is going, then 13A should also go along with it because it came into being as a product of EP.
Only Citizen Silva wants to keep the EP and get rid of 13A because according to his little thinking;
• EP can protect this Island in a time where all the MP’s in the Parliament can be bought by the enemies of the country and people cannot reject any of these useless MP’s during the electoral process since they come back from the back doors.
• On the contrary, they can elect of reject a EP candidate as they wish during an election, which is straight forward
• Provincial Councils x 9 came into being as a result of 13A which eats colossal amount of Tax payer’s money. The Capital expenditure related to development carried out by PC’s are even less than the half of their recurrent or running costs. This is absurd and a stupit system of wastage of public funds.
Who will help Citizen Silva to propose these cunning politicians first to abrogate PC’s before abolishing the EP??
March 4th, 2019 at 3:57 am
@Hiranthe,
“None of the 225 MP’s had any guts to tell them “Okay if EP is going, then 13A should also go along with it because it came into being as a product of EP.”
Very true. Even WW is not saying it. Your 5 points are also true. That means we have to accept now that all the 225 are crooks.
But I disgree with some other points.
1. EP destroyed this country. ( Law and Order, Corruption, Dictatorship, Cheating of public, Lies, Rape, Kudu, Ganja, Cult leaders pretending as Buddhas, you name it). EP is responsible for all that.
2. It is a myth that believing EP won the war.
March 4th, 2019 at 7:45 am
Hiranthe, You are right. The 13A was established by JR under duress from Indian Govt. Therefore it should be removed. As you say it is a massive public funds waster. The National List should also be removed since it allowed all the crooks to get into the parliament. We should keep the EP and get rid of the 13A then we can also remove Tamil as an official language. All the parties like the 13A since it provides a lot of employment to a lot of useless people whose vote can be bought by people like RW who have the bond scam money to play with.
March 4th, 2019 at 9:28 am
We started without an Executive President in 4 February,1978. We had a Governor General before that. After passing the 1978 Constitution we had the first Executive President- Mr.J.R.Jayawardhana. Unfortunately very American loving politician he was , was abandoned by USA when he became the Executive President which loss marked his being manupulate by India which forced him to accept the 13Amendmnt which had been prepared by the Indians. As the threat of terrorism was greater at the time and Sri Lanka was not prepared for a massive military operation against terrorism was forced to accept the Indian support by allowing the IPKF to come to North of Sri Lanka and accept the 13A into the Cnstitution.
We cannot now go back to pre 1978 situation by doing away with the Executive Presidency. It has come to stay and thanks to it we had passed many hurdles since its introductio despite the 13A which has no place in the Constitution of Sri Lanka.
Even with the reduced Executive powers of the President with an absurd 19A, we saw how democracy became a joke with the SC with seven judges ruling that the Executive President has no power to dissolve the Parliament despite Article 33 of the Constitution .
That was the most unjustifiable Judgment which denied the people its democrartic right to have an election to form a new Governmzent. That judgment of the SC shjowed that the Sri Lanka is not independent under the Premiership of Ranil Wickramasinghe, the Judges dancing to the tune of the Ranil and obviously to the tune of the Western embassies.
Sri Lanka has to get rid of Ranil Wickramasinghe and his UNP government , remove the 13A and 19 A and not allow JVP without a popular vote behind them with only 6 members in Parliament to manupulate the Political parties to pass an equally absurd 20th Amendment, which would be a disaster if passed. There is no reason why the Opposition leader discuss the 20th Amendment with the JVP.
March 4th, 2019 at 9:36 am
Please see below a correction to above comment:
That was the most unjustifiable Judgment which denied the people its democrartic right to have an election to form a new Government. That judgment of the SC showed that the Judiciary of Sri Lanka is not independent under the Premiership of Ranil Wickramasinghe, the Judges dancing to the tune of Ranil and obviously to the tune of the Western embassies.
March 4th, 2019 at 1:07 pm
MR is right in supporting the abolition of EP.
GR is very popular among the Sinhalese but very unpopular among minorities. If he wins presidential election, it will divide Sri Lanka along ethnic lines. The international community is also strongly opposed to him.
If GR is unable to promise to abrogate 13A, he has little chance of winning it anyway.
Before opposing the abolition of EP, we must demand from GR if he intends to abrogate 13A. If not, he is not worth it and EP is not worth it.
March 6th, 2019 at 12:43 pm
Dilrook I admit I made a wrong remark about MR meeting with the JVP. I respect your mature opinion.
Charles
March 6th, 2019 at 3:26 pm
@Dilrook,
You are wrong at this instance. Thanks to political maturity and sincerity of WW, there is some discussion about 13A now, not because of Mahinda.
March 6th, 2019 at 3:59 pm
@Randeniyage
It came to the open because Mahinda met the JVP (against WW’s threats). Now the JVP will be unable to ridicule Mahinda over EP. The ball is in JVP’s court. Will the JVP agree to abrogate 13A and change the PR system (disadvantageous to the JVP)? If not JVP’s credibility goes down the drain.
This will also worry UNPers and TNA. They banked on severe mistrust between the JO and the JVP on constitutional amendments.
Mahinda showed political maturity than confront the JVP or fear the JVP. He engaged the JVP peacefully. We have very few politicians who can do this.
However, the JVP still has the trump card on the matter. They insist that people must be consulted as per the Supreme Court verdict. Most people want EP abolished (with or without 13A). As Sirisena comes to realize he cannot win the next presidential election, he will be inclined to go for a referendum on EP.
March 6th, 2019 at 10:16 pm
@Dilrook
On surface, I agree. However, it came to open because of cunning Sirisena’s October revolution !
Mahinda’s “political maturity” was overcome by Kaputa Saha Kejukella game played by Sirisena.
To be fair to Mahinda, he was a Nationalist before he jumped track. He wanted 13A removed after the war ( I think) but he was cheated by people surrounding him and overcome by greed. Now it is his opportunity and he should take it.
I love to see JVPeers getting entangled in this and if final outcome is all to demolish 13A, I wouldn’t be writing comments here any more.
But I doubt it. Indians will have their bait on all the big fish.
March 7th, 2019 at 1:23 pm
@Randeniyage
You are right on 13A but wrong on EP. No party in parliament wants to remove 13A today.
Best thing is to ask the people about EP, etc. Let them decide. Thereafter the losers at Diyawannawa are bound to carry it out.
However, on the EP matter, Mahinda did the right thing. If EP is not abolished JVP must,
1. contest the 2019 presidential election alone
2. get Sirisena to call for a referendum to abolish EP if Sirisena feels he cannot win the 2019 presidential election
3. vote against president’s budget allocation so the office of the president will collapse. The next president will not have any money.
4. bring an amendment to abolish EP again after the next president is elected. He/she cannot dissolve parliament until February 2020. There is a high chance of it being passed if UNP loses the next presidential election. They have the majority.
Now the JVP is pushed to the wall. They must act aggressively or let the people know they are liars. Thanks to Mahinda.