Constitution in a hurry

Debate on constitution is in public domain again. Prime Minister Ranil Wickremesinghe has presented a resolution in parliament to set up a Constitutional Assembly of all members for enacting a new constitution for Sri Lanka.

Constitution is the supreme law of a country from which all other laws derive their authority. Therefore drafting of such a document has to be done with utmost care and patience as it needs the tacit approval of all the people.

As the foundation of all laws and the state itself, it needs to be a document that reflects some general consensus among the people of a country. In other words, it has to be a consensus document on how the country is to be governed.

Reaching consensus in a country is a difficult task and it becomes more difficult when it has to be done in a multi-racial, multi-linguistic and multi-religious environment.

The other point that needs to be remembered is that constitutions are made for a long period. The national and international experience is that when such documents are drafted and enacted with the approbation of the people they tend to last long.

However, no constitution is permanent. A country has to undergo changes from time to time and reflecting such changes its constitution also has to undergo changes. Nevertheless, a long lasting constitution is necessary for the stability and unity of a country.

If we look at our own history, it is clear that none of our constitutions have been in operation for long. Independent Ceylon’s first constitution popularly known as the Soulbury Constitution which came into operation in 1948 was more or less a consensus document. It was drafted following consultations with people of all walks of life for several years.

After 25 years of its existence, in 1972 we replaced it with our first republican constitution following the desire of our people to become a fully independent and sovereign republic moving away from the Dominion status granted by the British. For whatever reasons, it was passed by the Constituent Assembly without the participation of the Tamil community.

The first republican constitution lasted only for six years and the second republican constitution which was introduced by the J R Jayawardene government in 1978 has been in operation for thirty seven years. Now, there is general consensus among all political parties that there is a need for a new constitution. Thus, Sri Lanka is going to have its fourth constitution in relatively a short period of sixty six years. 

On the contrary, the constitution of the United States has survived for the last two hundred and twenty five years while our neighbouring India’s first republican constitution promulgated in 1950 has lasted to date. These constitutions have received approbation of the people and nobody talks about introducing new constitutions in these countries.

All this makes one thing clear, that is that a constitution need not be promulgated in a hurry. If a new constitution is to receive the approbation of people, its provisions should be drafted after extensive debate and discussion in the country. A rigid time frame of six months or one year should not be a barrier to come up with the proper document. Drafting and adopting the right constitution is vital even if it is going to take a longer period.

 

 

 

 

 

 

 

 

 

Read More

A year of presidency

As one year lapses since President Maithripala Sirisena assuming  office, there is much media focus on new government’s achievements as well as what it failed to achieve. Of course, its achievements are many and would far exceed its failures both in numbers and magnitude. And among the most important is the introduction of the nineteenth amendment to the constitution which bridged the country’s democratic deficit and re-established the rule of law.

The nineteenth amendment also saw the establishment of independent commissions to govern all affairs of state relating to judiciary, public service, police, elections, procurements, bribery, corruption and audit. It has, to a great extent depoliticized these areas improving the public confidence in the system of governance.

These amendments in effect reduced the powers of the executive presidency removing its dictatorial nature and making it accountable to the people through the parliament. Thus, it created an air of freedom in the country removing the fear psychosis that prevailed among people.

Notable achievements have also been made in the field of diplomacy with much improved relations with the west as well as neighbouring India. So are the relations with the United Nations and the Commonwealth of Nations.

Overall, we can be happy about these achievements as they are much in line with the aspirations of the people who elected this government. Nevertheless, there are many areas where progress is totally lacking or pathetically insufficient.

There has been little or no progress in reforming the electoral system which needs a complete overhaul. This is in spite of general consensus among those who wanted a political change that preferential system voting was undesirable.

Resolving the northern issue despite its political sensitivities seems to be somewhat progressing along with the idea of drafting and adopting a new constitution which involves a lengthy procedure. A genuine effort in this regard is a must if we are to progress as a cohesive modern nation.

Investigating into corruption and wrong doings during the previous government despite much resistance from many quarters seems to be moving ahead although its pace has been slower than expected by most people.

Most of these developments will mean little to many people who believe that some tangible economic progress is far more important than anything else. As they believe the root causes of unrest in the country, be it in the north or the south, have been mostly economic.

Those who believed that change of government and strengthening of democracy would usher in an era of economic prosperity have been proved wrong. As seen up to now, it is clear that mere eradication of terrorism or change of a particular political regime is not enough to bring in the required level of foreign direct investments.  There seem to be more obstacles for investments to flow into the country. They could be in areas of infrastructure, labour market, high costs or efficiency.

All in all, little or no progress has been made in this vital sphere during the last one year and its time the government gives the priority it deserves, at least in the second year of its existence. At the end, the sustainability of both the government and the democracy will depend on the progress in the economic front.  

 

 

 

Read More