Politics continues to take precedence over everything else in this country notwithstanding the unprecedented economic crisis. Attorney General Sanjay Rajaratnam has informed the Supreme Court that the 21st Amendment to the Constitution, submitted by the SJB to the parliament, as a private member’s motion, will have to be approved by the people at a referendum, if it is to become law, for some of its provisions are not consistent with the Constitution. Additional Solicitor General Indika Demuni de Silva, representing the Attorney General, said so in respect of five petitions, filed by Attorney-at-law Nuwan Bellanthudawa on behalf of the Deshapremi Jathika Peramuna and the Jathika Sanvidana Ekamuthuwa, seeking a Supreme Court order declaring that the drafts 21st amendment to the Constitution presented in Parliament is inconsistent with the Constitution. Minister Wijeyadasa Rajapakshe and Parliamentarian Ranjith Maddumabandara have presented these amendments to the parliament. The petitions were taken up for consideration before a bench consisting of Chief Justice Jayantha Jayasuriya, Justices Arjuna Obeysekere and Janak de Silva.
Thus, the SJB’s move to amend the Constitution now has the same chance as a snowflake in hell, a referendum being the last thing the country needs at this juncture.
The 21st Amendment to the Constitution presented by the SJB seeks to achieve the following objectives among other things:
- Achieving competent, efficient, transparent, and accountable government, and the values mentioned in the Preamble to the Constitution, as necessary requirements of the economic recovery of the country;
- Abolishing the executive presidential system and replacing it with a system that reinforces constitutional democracy founded on the separation of powers and checks and balances;
- Reinstating the Constitution Council and the independent commissions; and establishing a new Council of State and a National Security Council.
Working at cross purposes
The country is facing the worst-ever economic crisis, which is bound to make life even more miserable for the public, unless contained expeditiously, but the government and the Opposition continue to work at cross purposes.
The government has been left with no alternative but to make a serious effort to stabilize the economy and ameliorate economic hardships that have engendered social unrest; it is however not interested in political reforms although it has agreed to consider them to appease those who are conducting protests and calling for a ‘system change’.
President Gotabaya Rajapaksa has expressed his willingness to abolish the 20th Amendment, which the SLPP introduced, enhancing his executive powers immensely, and restore the 19th Amendment in the form of the 21st Amendment. But the proof of the pudding is said to be in the eating. Whether the government will fulfil its pledge, which has been made in times of adversity, if the country comes out of the current economic crisis, remains to be seen. It is widely thought that the government is playing for time. It has made no commitment as such to drafting the promised 21st Amendment. Only a proposal by Wijayadasa Rajapaksa has been unveiled and is being discussed.
Curiously, why should the government undertake to amend the present Constitution, which, it says, it is going to replace with a new one; a committee appointed by President Rajapaksa, with Romesh de Silva, PC, as its head, is said to be working on the new Constitution. Why should the government expend its time and energy on repairing the existing Constitution which it says it will discard soon, at a time when its focus should be on resolving the economic crisis?
How serious is the Opposition, especially the SJB, about helping resolve the economic crisis? It issues warnings and criticizes the economic recovery process underway, and proffers a great deal of advice to the government, but does not want to share any responsibility. It did not make use of an opportunity to participate actively in the crisis management process; it rejected an invitation from the President to form a national unity government with its leader Sajith Premadasa as the Prime Minister.
That the SJB did not act out of principle when it rejected the President’s offer, insisting that the President had to resign for it to be part of a caretaker government, became evident when it made a U-turn. No sooner had the President invited UNP leader Ranil Wickremesinghe to take over as the Prime Minister than the SJB softened its stand and offered to accept the premiership, but in vain. In doing so, it gave the lie to its claim that it did not act out of expediency.
There is little that the Opposition can do to change the public perception that it is trying to use the current socio-political upheavals to further its political interests instead of helping the country come out of the ever-worsening economic crisis.
There is no gainsaying that the country is in need of political reforms, and the 20th Amendment should undergo a radical change or be done away with, but attempts to introduce them should not affect the efforts being made to rescue the economy, for the collapse of the national economy will inevitably lead to anarchy, and a Constitution, however progressive it may be, will be of no use if lawlessness sets in.
People are demanding radical political reforms because too much power makes the political authority act according to the whims and fancies of its leaders much to the detriment of the interests of the public. So, it will be a mistake for the government to play a waiting game without making a firm commitment to formulating and implementing political reforms. It seems to think the people will stop protesting if the economy recovers, and the hardships they are facing become less severe, and therefore it does not have to worry about introducing political reforms fast.
The Opposition has apparently left the task of saving the economy solely to the government, and has its work cut out to counter the allegation that it is busy trying to fortify its political future during these difficult times instead of helping to resolve the economic crisis.
The government should abandon dilatory tactics and concentrate more on political reforms while giving priority to the ongoing efforts to save the economy and grant relief to the people, who are likely to take to the streets again in larger numbers, if their suffering goes unmitigated. The Opposition, especially the SJB ought to shift its focus to the task of helping revive the economy, and arrest the country’s slide into anarchy, while keeping pressure on the government to carry out constitutional reforms to ensure that the current political leaders and their successors will act with responsibility without abusing power and ruining the economy again.
The government and the Opposition keep telling the public that they are willing to work together for the sake of the country. If so, why can’t they cooperate to make the country’s economic recovery possible, and formulate political reforms together to buttress the gains expected from the efforts being made to strengthen the economy? Instead of presenting separate motions to the parliament to rid the Constitution of its serious shortcomings, which are legion, and wasting legislative time in the process, shouldn’t the government and the Opposition get around the table and discuss political reforms and reach a consensus on them and then submit them to the parliament? If they care to do so, unnecessary issues could be avoided on the political front, and the parliament will be able to remain focused on finding ways and means of overcoming the economic crisis. Prime Minister Ranil Wickremesinghe has initiated discussions with political parties on the 21st Amendment prepared by Wijayadasa Rajapakshe. Whether he will be able to secure the participation of all political parties in the ongoing discussion and enlist their support besides that of the constituents of the SLPP, for a consensus to be reached among all stakeholders is the question.
