Showing posts with label Executive Presidency. Show all posts
Showing posts with label Executive Presidency. Show all posts

09 October 2019

ABOLITION: A bluff of presidential proportions



It's now established. No one was really interested in abolishing the Executive Presidency. Still, there was a lot of talk about it a few weeks ago, which of course prompted this article for the Daily Mirror. So is it irrelevant now? Well, there's something about talk. About walking. And walking the talk. Some people tried to hoodwink us, didn't they? Good to know who they are as we go to vote! 

Colombo Fort Magistrate Ranga Dissanayake has issued an interim order preventing protesting disabled soldiers from entering the Lotus Road and being anywhere close to the President’s and Prime Minister’s office.

Obviously the judge had to make a determination based on a petition.  I have no quarrel with judges. I have an issue when governments can’t sort out the issues of disabled protestors. I have an issue when governments are dismissive of men who sacrificed so much to rid the country of terrorism. That’s tragic. 

But let’s be light here. Let’s move from the tragic to the comic or, if one wants to be charitable, to the ‘less tragic’. In a word, Karu. That’s Jayasuriya. The Speaker. 

Karu Jayasurya, in a media statement, has said ‘a large number of people’ had wanted him to contest the next presidential election. Few candidates will say otherwise. It’s as though they are really not interested but they reluctantly consent because ‘people’ want them to. Maybe these ‘people’ were important to him. Let’s leave it at that. 

Some have said that Karu would be a ‘national’ candidate; he would give up his UNP membership so that he can be a neutral or independent candidate with appeal to all sectors, political groups etc. We’ve had ‘podu apekshakas’ (common candidates such as Sarath Fonseka and Maithripala Siriena) who have essentially devalued that word/term.  Not much to gain from that tag. His business. 

Karu Jayasuriya would not be a ‘common candidate’. He is a UNPer and would be the choice of his party. That itself is a come-down for a man of his calibre given the track record of that party. Forget the time when the UNP and JVP tried to figure out which party could kill more people, even just the last 5 years have shown that Karu’s party is anti Sri Lankan (UNHRC Resolution 30/1), corrupt (Central Bank heist) and incompetent (look around you!). Still, in my opinion, nominating him would a) sort out the leadership crisis in the UNP, and b) give the UNP the kind of coherence it would need if they have to head into the Opposition a few months from now.  

He’s supposed to be a ‘candidate for reform’. Well, that’s what his party was up to the past five years. Not just his party but the entire yahapalana coalition which included Ven Madhuluwawe Sobitha Thero’s movement for a saadhaarana samaajaya (a just society — did I hear JR’s echo right now?), the entire community of funded voices (read, NGOs that claim to be but are not a part of civil society) and of course Chandrika Kumaratunga. They came up with a ‘reform candidate’, Maithripala Sirisena. Sirisena and Karu’s leader Ranil Wickremesinghe did ‘reform’. Well, they wanted to or rather said they would. They didn’t. They couldn’t.  All old wine. Stale. Again, Karu’s business.

My issue is with another old line that Karu wants resurrected: abolishing the executive presidency.  Haven’t we heard that before? Haven’t those who almost swore they would abolish once elected, conveniently shelved that part of their respective manifestos? 

Then again, just because they didn’t or couldn’t or wouldn’t, it does not necessarily mean that Karu is using the whole abolishing project as a slogan deemed to be useful. He could be and I am pretty sure he is serious about it. In that case one has to question his political intelligence. 

Karu ought to know how constitutions are changed. The president is not the Legislative entirety of the country. Laws are made or amended by Parliament. Saying ‘I will abolish the executive presidency’ is therefore the claim of a political neophyte. When Karu says something like this, one can’t really decide whether to call it comic or tragic.  

I have issues with those who propose the abolishing of the executive presidency and are dead silent about the 13th Amendment. Note: no one, not even the die-hard devolutionists, are calling for elections to be held to the now dissolved provincial councils. Devolution is dead, politically. It is resurrected only by Eelamists (open and closeted) to hoodwink Tamil voters who’ve been fed Eelamist historiography and duped on grand statehood dreams. The issue is that abolishing the executive presidency while keeping the 13th intact takes out an important safeguard against the 13th being used to facilitate the division of the country.  Karu hasn’t uttered a word about the 13th Amendment. Neither do those who have been vociferous about abolishing the executive presidency.  

Now had he done so, i.e. called for the abolition of both, one might take him seriously. But this is a monumental bluff that is unbecoming of the man.  We take it along with the noises made by other presidential hopefuls in his camp, Ranil Wickremesinghe and Sajith Premadasa. The former states he’s ready to bring in a new constitution (again something that Parliament has to handle, followed by a referendum). His backers commissioned to draft a constitution came up with a federal ‘solution’ all but in name. M.A. Sumanthiran is on record acknowledging that such subterfuge is necessary (for the Eelam project to be furthered). The latter talks of ‘maximum devolution’. What’s ‘maximum’? He has not spelled it out and one does not expect him to do so either. ‘Maximum devolution’ is as monumental a lie as ‘abolishing the executive presidency’.  It’s the tired line tossed out to hook the Tamil voter.  

He can say something though. He could answer the following questions. 1. What is the mechanism through which the executive presidency can be abolished (use two A4 papers, at least)? 2. What do you have to say about the 13th Amendment: was it legal, was it effective in terms of outcomes envisaged, does its existence threaten the unitary character of the state in the event the executive presidency is abolished, is it not a colossal waste of money and do people even want it (going by the absolute absence of agitation on account of the councils being non-functional)? 

As things stand, this talk of abolishing the executive presidency is a bluff. A bluff of presidential proportions. Karu Jayasuriya, given his track record, does not deserve association with that kind of project. Some may be taking him for a ride. Maybe he wants the ride (I hope not!). Either way, ‘bluff’ is not something I believe he wants to be a part of.  Let’s see.

01 September 2018

Notes for a Manifesto: understanding the executive


This is the third installment of a series of articles on subjects that potential presidential candidates and political parties ought to reflect on when putting together election manifestos.   

There was a time when ‘executive’ as it is related to the state consisted of the Cabinet of Ministers led by the Prime Minister. Things were pretty simple back then. And clear. The rest of the Parliament made the laws. The judges did their thing. There was no confusion about the boundaries that separated the executive, judicial and legislative branches of the state.  

Things weren’t all perfect back then of course, but things did go downhill after 1978. That was when the Second Republican Constitution was enacted and J.R. Jayewardene elected by Parliament as the Executive President. 

Let’s use an analogy just to illustrate the powers vested in the office of the president. If the constitution is a tree then the executive presidency is its roots, trunk, branches, leaves, flowers, fruit and in fact everything.  We need not elaborate. The consistent call for curtailing the power of the president is testimony enough to the widely held view that this concentration of power is not healthy in a democracy.  

Three factors made things worse. 

The purchasing of dissidents 
After the scare of impeachment in 1991, President Ranasinghe Premadasa, ‘purchased’ dissidents with ministerial portfolios. Immediately, within the overarching executive structure, the percentage of demi-executives (if you will) in Parliament increased.  

Decentralized budget
Then there was the introduction of the ‘decentralized budget’ which resulted in all MPs being given money which they could essentially use for ‘development’ as per their whims and fancies. They could decide how much to spend and on what. They were given executive functions. Naturally, representatives as well as those aspiring to represent came to think of a parliamentary seat as something which offered executive power. 

Crossover ministers
We had the Supreme Court decision delivered by Chief Justice Sarath N Silva allowing for those in Opposition to break ranks and still retain their parliamentary seat provided they were given a cabinet portfolio. That was a device used by those in power to manage parliamentary arithmetic. What it also did was to further inflate the executive.

Sure, the executive president had the sweep and ministers merely toed the line, but each minister acquired, naturally, an executive mindset. 

As a result the function of all this, the legislative functions were limited to a rubber-stamping exercises where the will of the Chief Executive, the President, was routinely endorsed.  

While the Yahapalanists sought a mandate to abolish the executive presidency without addressing the dangers of such a move without a simultaneous abolishing of the 13th Amendment, it was tired rhetoric for the most part. We did get the 19th Amendment, but it did not address the executive-branching described above and neither did it abolish the executive presidency. Powers were clipped and the UNP/Ranil-loyalists truly believed (and some still believe) that Maithripala Sirisena was to be just a figurehead while Ranil Wickremesinghe was the principal executive in the government. However, the true quantum of power can easily be obtained by answering a simple question: who, with the least effort, can effect the greatest change? That’s still the executive president, folks.

So what can be done to rectify this glaring democracy-deficit? The answer lies is making the demarcations clear. We have options.

We can revert to the pre-1978 arrangement along with electoral reform to obtain better representation. This has to go hand in hand with legislation not just limiting the size of cabinet but specifying subjects. Technically the number of ministries could be reduced to less than 10. If this were done, those seeking public office will do so with considerably reduced executive aspirations. They would have to reconcile themselves to the (boring? unremunerative?) task of making laws, i.e. the traditional, true and principal function of Parliament.  The notion ‘decentralized budget’ would have to be dropped as well. 

If the executive presidency is to remain (as it should unless the illegal, erroneous and dangerous 13th Amendment is repealed), any truncation should take into account the necessity to remove all confusion between legislature and executive, leaving no room for any representative to harbor executive illusions even as they are empowered to vote according to conscience and not party line nor fear of the president’s wrath.

It is also possible to draw from the US system where cabinet members are not elected but are chosen by the President and have to be approved by the representatives.  If there were to be a robust vetting system, this could technically make for a more professional cabinet where its members would have to be endowed with proven expertise in the given field.  One has to ask the following question in this regard: ‘if applicants to jobs have to possess specified skills, why then is that same requirement not imposed on those aspiring to cabinet posts?’ 

Those aspiring to be president and those parties which want to capture political power need to address the confusion and anomalies pertaining to the necessity of obtaining balance in the separation of powers. Just saying ‘I/we will abolish the executive presidency’ will not do because it does not indicate any idea about obtaining clarity by demarcating the lines between the executive and legislative arms of the state. 

Please take note Nagananda Kodituwakku, Rohan Pallewatte, Gotabhaya Rajapaksa, Patali Champika Ranawaka, Ranil Wickremesinghe, Maithripala Sirisena and any other individual entertaining hopes of becoming the next President of Sri Lanka.


Read Also:


Malinda Seneviratne is a freelance writer. malindasenevi@gmail.com. www.malindawords.blogspot.com. Twitter: malindasene