The Curse Of JRJ Constitution Continues

By Asoka Seneviratne –

I have repeatedly been writing about the unprecedented damage the 1978 JRJ constitution has done to SL political culture, the economy and to the country. The 1978 JRJ constitution laid the foundation stone for our eventual ruin. How so? Let me mention a few examples. We read a few days ago the police minister Tiran Alles instructed IGP to investigate the comments made by former president Maithripala Sirisena about the Easter Attacks. It does to show that Alles, a political appointee has power over the entire police force of SL via the IGP. This follows that the police is not independent of political interference.

Remembering that the judges make judicial decisions based on the evidence provided by the police, one can imagine how the political leadership can navigate criminal cases as they please. In other words, while JR Jayewardene used to brag about the separation of powers between executive and the judiciary, he failed to foresee how a “police minister” appointed by the President can negate this vital separation.

Why do  we only see innocent, poor, helpless youth yelling against injustices  being  hauled into police jeeps, while the political big wigs, their henchmen, family members all of whom people widely believe have broken laws, violated the constitution, robbed our wealth are sitting pretty in their mansions still roaming around in luxury SUV’s in our impoverished land?  How come none of these goons are hauled into police jeeps.

Because there is a political cog between the police and the criminals.

How can we not be far from African dictatorships?

Besides why do we need a police minister in the first place? President nominates an IGP candidate who will be  vetted through the constitution council and get appointed even though this process too is tainted as we have witnessed how the Speaker, head of the Constitutional Council, hoodwinked the process with the last IGP case.

If the constitution guarantees the independence of the IGP and leaves him alone subject to parliamentary oversight, he can function as the top cop without the likes of Alles telling him what to do and what not to do. IGP and Attorney General must enjoy constitutionally guaranteed independence so they can live up to their oath to be faithful to the constitution and dispense justice.

Next, our constitution guarantees the right of the people to vote. The right to vote is the most fundamental right of the people, in a democracy. JR, having guaranteed that right, then foolishly went onto leave the power of the election date to the President. Why, when the President himself is an elected member by popular vote?

Why did JR not fix a date for both presidential and parliamentary elections every 5 or 6  years? He could have said the  2nd Tuesday in October will be both parliamentary and Presidential elections. Period!

Had he done that people of SL do not have to wonder about when an election will be held! End of story. Neither the president is able to kick around the date based on political winds.

Next, JR created the curse of provincial councils and local councils creating thousands of locally elected bodies that turned out to a incubator of corruption. He left the power of granting a building permit with the local Pradeshiya Sabha chairmen. Knowing the caliber of people who would occupy these powerful positions, didn’t JR foresee that this was a lottery ticket for them to get rich? Worse, these thousands of council members, their office staff, perks, vehicles etc. are all paid with public money. But do they deliver the services in an efficient manner?

But all our towns are a total chaotic mess anyway! Who is holding these council leaderships accountable? Besides why do we need hundreds of cabinet ministers, state ministers, junior minsters, local council members, provincial council members all paid with peoples’ money to manage a country of 25000 square miles with a GDP of mere $ 85 billion?

Next, JR created the office of a Prime Minister? Once again for what? The public has to maintain these people with bungalows, support staff, security and dozens of vehicles. Once again with our meagre $ 85 B economy where a good 50% can barely afford 3 meals a day. We are an extremely poor nation and simply cannot afford all a meaningless Prime Minister!

Worse, while bragging about the separation of powers and co-equal branches of government between executive, legislative and judicial, he appointed hundreds of ministers from the legislature. If the ministers are a part of the executive branch, how can they function independently in the legislature?

A classic contradiction on separation of powers remembering that the President’s power is checked by the legislature is by having the power of the purse. It should be clear by now why our presidents appoint hundred of ministers. They are all being bribed with people’s money. Any one of them crossing the line of Presidents request for money or to pass a bill, will be kicked out of the ministry the next day.

The essence of JRJ constitution was the creation of an all-powerful President. He passionately believed by having a power executive, the government would be stable unlike in the Westminster model.

But his left hand did not know what the right hand was doing. His all-powerful executive presidency with only name sake checks and balances and practically no separation of powers.

The next generation of leaders could not wait to abuse this power. They and their foot soldiers of both parties robbed our treasury, sold our profitable state businesses, borrowed like drunken soldiers, and built gigantic white elephants with borrowed billion, pocketed their cut, and allowed the country to go to hell.

And then the very same leaders preach to the people to tighten their belts, while none of them lift a finger to do the same. Remember Ranil recently asked for another Rs 200 million over and above the budget to accommodate his foreign travel?

Anura Kumara Dissanayake will have to sort out this mess. I hope AKD and his team are up to this mammoth challenge. The sooner he spells of his policies and agenda in detail, the better off for those  of us who do not eat grass!

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