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`I am the State`
Tuesday, 9 September 2008 - 5:20 AM SL Time
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Our experience with the executive presidency has always been bitter except during a brief period when we had President D. B. Wijetunga as a stopgap measure after the untimely demise of President Ranasinghe Premadasa in 1993.
The father of the executive presidency, J. R. Jayewardene, managed to secure state power only when he was long in the tooth. With a five-sixths majority in Parliament and intoxicated with power, he made no bones about his desire to say, `I am the State` al la Louis XIV. (Some historians argue that Louis, the Sun King, never said that. But our man did!)
JRJ used the presidency to rise above Parliament, which he reduced to the level of a municipality in terms of powers and functions. (He also obtained undated letters of resignation from his MPs so that they would not dare rock the boat.)Prime Minister Ranasinghe Premadasa once, in his inimitable style, succinctly described the position of a prime minister under an executive president from the same party. He said he was no better than a peon.
The executive presidency intended to facilitate a one man show has dwarfed all other democratic institutions and the legal immunity that the executive president enjoys has aggravated the situation. Parliament becomes stronger than the president only when the incumbent president loses a parliamentary majority, as was the case between 2001 and 2004. However, the fact remains that the President can still dissolve Parliament without rhyme or reason after one year of its formation. President Chandrika Kumaratunga did so in 2004 to take the UNF government off her executive back.
The concentration of almost all the state power in the hands of one person is the worst that can happen to democracy. And several attempts have been made to strip the executive presidency of its powers and vest them in Parliament. In 1994, the SLFP-led PA campaigned on an anti-executive presidency platform. It promised to do away with the executive presidency. But that never happened.
President Kumaratunga offered to do so in 2000 through her Regional Council package, which was shot down by the UNP and the JVP. It was obvious that she tried to play a trick on the Opposition in that she wanted to wield the powers of both the President and the Prime Minister in the transitional period as the Executive Prime Minister of the proposed Union of Regions. President Mahinda Rajapaksa, too, promised to get rid of the executive presidency. But, he has conveniently reneged on his promise and is getting ready for a second term. (The country is likely to have a snap presidential election after the LTTE is routed in Kilinochchi.)
It is only wishful thinking that any president will want to let go of the executive powers of his or her own volition. Politicians eternally thirst for power, which is their raison d` tre. They suddenly realize threats the executive presidency poses to democracy only when they are relegated to the dustbin of politics aka the Opposition. The SLFP, while languishing in the Opposition, campaigned against the presidency for almost 17 years. And the present Opposition is also on a campaign to have the president`s wings clipped something long overdue.
It is against this backdrop that the on-going campaign for the full implementation of the 17th Amendment should be viewed. The objective of this path-breaking legislation ratified almost unanimously in 2001 was to depoliticize the key public institutions through the establishment of independent commissions and a Constitutional Council responsible for making appointments to them. Thus, the political parties tried to subject the all powerful president to a constitutional process in the exercise of his powers as regards those institutions.
But, today, the President has managed to bypass the 17th Amendment and usurp the powers and functions of the Constitutional Council. The present Constitution is so biased for the presidency that the executive president is in a position to ride a coach and six horses through it at will. The debilitation of the Opposition has facilitated the process of the incumbent President`s self-aggrandizement. He keeps on unsettling an already weak Opposition so that it won`t be in a position to pose a challenge to him. Whenever the Opposition is in a position to consolidate its position, he springs defections. (The government has woken up to some defects of the 17th Amendment! Media Minister Anura Yapa has said he will resign, if anyone proves that there are no flaws in it.)
Unable to move Parliament against the President, the Opposition is trying its hand at the formation of a grand coalition to force the government to implement the 17 Amendment. The Opposition may be genuinely desirous of having an Elections Commission set up, as that is the way to put the government in some kind of straitjacket and prevent it from abusing state power. But that is not the only objective that the Opposition is trying to achieve. There seem to be two more: Blaming its failure to win elections on the absence of an Election Commission and keeping itself busy with a mission to prevent its further disintegration. (It is reported in this newspaper today that another group of five UNP rebel MPs are likely to sit separately in Parliament.)
The government is in a position to queer the pitch for the Opposition in this battle as well. It has already claimed that the Opposition is trying to debilitate the presidency, upon which rests the stability of the government, by stripping it of vital powers at a time the country is at war with the LTTE. It has also given the impression to the public that after the war is over the President will let go of those powers. (People will have to wait till kingdom come!)
The biggest challenge before the Opposition in achieving that goal is mobilising the people against a government that has successfully marketed its war effort to them. What has stood in the way of the Opposition in reaching out to the people is its policy towards war on terror. Its history of appeasement of the LTTE and close associations with the forces bent on sabotaging the war are the biggest hurdles that it will have to clear in wooing the public.
It is unfortunate that the much needed Constitutional Council born out of consensual politics has got caught in a political tug-of-war, much to the detriment of the independence of public institutions.
The winner has been the incumbent President and the loser democracy. Did someone hear President Rajapaksa say, `I am the State`?
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voter
Joined: Jul 2008
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 9 Sep 2008 00:16:50 GMT Report for Abuse
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JRJ has put us all in a 'pettagama' (Big Wooden Storage Box), locked it and Taken the keys with him to Hell.
Here's the worst part, JRJ also did'nt forget to put a Tiger inside the Pettagama as well, so that the Tiger can eat up the innocent Tamil, Muslim Sinhala people trapped inside the Pettagama by J R Jayawardena......
Some may argue that JRJ gave the keys to Premadasa, Wijetunga, CBK and Now Mahinda.....but that is far from the truth and reality. JRJ still has the 'key' and here's why.
JRJ had the benefits of a parliament which was elected under the First Past the Post elction system (ie: the Electoral System of the 1972 constitution). So he had a 2/3 (or actually 5/6) majority in Parliament and could change the constitution anyway he wanted....Now that was real power!. That's how JRJ was able to Remove the Civic Rights of Mrs. Sirimavo Bandaranaike without giving her a Court hearing.......Just ammend the Constitution, courts can do nothing about it...Cos the courts are there only to interpret the constitution.
JRJ wanted the UNP to win every election and changed the electoral system to benefit the UNP.....basically brought in the PR-manapa electoral system. UNP strategists said that under PR-Manapa system UNP can NEVER loose an election...now we know this is nonsense. But, JRJ knew that under the PR system of election, no party will get a 2/3 majority and therefore the JRJ Constitution will live forever. This is precisely why JRJ Never held a General Election for 11 years (ie: till his presidency ended). So JRJ ruled Sri lanka for 11 years with a Parliament which was formed according to the 1972 Constitution and First Past the Post electoral system....
So JRJ had the cake(Presidency) and ate it(2/3 majority of parliament)
But all other president's after JRJ have NOT had a 2/3 majority of parliament as it is impossible under the PR system (cirtainly not due to a lack of votes from the people)......and as a result have NEVER been able to ammend the constitution.
I VERY STRONGLY believe that these various independent commissions are fine ONLY if the Electoral System is changed to First past the post or Something Similar.
Today the Parliament is very weak because of the PR system. The Presidency is the only institution that stabilizes the country.
It will be disastrous and catastrophic to Weaken the Presidency without Stronger Parliament....
And when I say Stronger Parliament, what I mean is a Parliament elected via a first past the post or a hybrid electoral system.
There is a very good reason why greedy JRJ Never had a General election for 11 years. He wanted to have the cake and eat it and he did.
It is very sad that JRJ was only thinking of himself and his party. What a alot JR could have done with those power's.
With all that, JRJ saw not only his longtime opponent Sirimavo, but also her Daughter CBK occupying the Premiership and the Presidency while lying on his death bead. So much for his plans for designing the whole constitution with his brother to keep the UNP in power forever.
This is why we are suffering today.
Old DS and Dudley Senanayake were spot on. They said if the Country goes to JRJ it will go into Pieces!!
This is so true!.
The 1972 Constitution of the United Front Government was far Superior.
The Author of this article forgets to say that Ranil W's UNF/UNP Government of (2001-2004) NEVER implemented the 17th ammendment. This is because Prime Minister Ranil W who thaught he will be president, wanted the Powerful Presiedecy to continue.
Now that Ranil W Lost the Presidency and is sure to loose the next presidential election as well, he is thinking about the 17th ammendement which he totally forgot as PM.
The 17th ammendment was passed during Ratnasiri Wickramanayake Premiership in 2001. Cirtainly NOT during UNP rule.
The JRJ constitution is taking our country from one crisis to another.
Usually, Constitutions of Nations are designed to benefit the people. JRJ's constitution was designed Primarily to benefit JRJ himself.
Premadasa, DBW, CBK and Mahinda have not had JRJ's power even though they got Similar and bigger mandates from the people at elections.
If the 1994 General election, or the 2004 General election was held according to the first past the post election system of 1977, the SLFP would also have had a 5/6th majority in Parliament and would have had the mandate to throw this mess of a constitution out the door. Also if the 1977 General election was held under the Present day PR system, the UNP of JRJ and Ranil W would have had a slim 5 seat majority.
Edited By - voter - 9 Sep 2008 01:26:30 GMT |
gchula99
Joined: Oct 2006
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 9 Sep 2008 12:40:07 GMT Report for Abuse
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Did someone hear President Rajapaksa say, 'I am the State'?
No, not exactly the same.
This is what I heard!
' The state with vanity but with accuracy ,is myself. The thing is legal because i wish it!!
voter looks bit upset!
Do not fear. Humble and country loving peasants like us do not care about the complicated political strangling, stabbing from behind, betraying etc.I don't think details are needed.You are free to dominate.
JRJ implemented many amendments for the benefit of the minority my big brother said. JRJ made all these adjustments after consultation of a parliamentary advisory council for the benefit and harmony of the general public.For mere political gain people cripple the main intention of JRJ, but the close associates of him knows his noble heart.
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voter
Joined: Jul 2008
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9 Sep 2008 20:13:10 GMT Report for Abuse
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voter looks bit upset!
Yes gchula99,
You know very well why I'm upset. I want Ranil out of the UNP leadership so that we have a Real, True, winning posibilities for the opposition and the UNP. This is very important specially with the break-down of the JVP.
The problem with Ranil is not so much that he looses. But the FACT that he simply cannot relate to the people of Sri Lanka.....and of course that's why he looses every election.
It's fully worth sticking with Ranil even after nearly 18 consecutive election defeats.......if only Ranil could relate to the Sri Lankan Populace.
JR, Premadasa and Mahinda and to a much lesser extent, CBK could all relate to the ordinary Sri Lankan People.
But hey, NOT Ranil.
Even in 2001, with a negative growth rate in Sri Lanka and with SB and the Gang Joining Ranil.....the SLFP + JVP got more votes than Ranil......
Edited By - voter - 9 Sep 2008 20:16:42 GMT |
voter
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9 Sep 2008 20:22:26 GMT Report for Abuse
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Humble and country loving peasants like us do not care about the complicated political strangling
Anything is complicated initially, even for naive peasant's like gchula.....
But Gchula...your doing quite well. Your big brother and I are right there by your side to help and educate you.
Edited By - voter - 9 Sep 2008 20:23:10 GMT |
voter
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10 Sep 2008 22:11:59 GMT Report for Abuse
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Here's the punchline.
The Blue + Red and Now the even the Blue - Red has always defeated the Greens at National Level elections after Ranil became UNP leader. |
gchula99
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11 Sep 2008 08:58:41 GMT Report for Abuse
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In our political party,
Ranil is a UNPer.
but UNP is not Ranil,
But in SLFP Grand pa, dad, mom., sister, brother house maid and so on ruled the country with the blessing of the so called intellectuals. and SLFP was family business. It is happening even today.
Voter, Open your eyes, remove your sun glasses, and watch the reality. We are heading another Bandaranayaka generation. Don't let your children to curse you one day!
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gamiya
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11 Sep 2008 09:42:07 GMT Report for Abuse
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but UNP is not Ranil,
YES. The UNP is now Mahinda. Mahinda is the SLFP, UNP and also the JVP.
This is why half the UNP MP's have left the UNP and the other half is fighting to throw Traitor Ranil out.
Edited By - gamiya - 11 Sep 2008 09:48:25 GMT |
gchula99
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12 Sep 2008 11:19:22 GMT Report for Abuse
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Ranil the mountain will never fall down due to howling dogs.
Disgusting!! |
AnuD
Senior Member
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 12 Sep 2008 15:41:13 GMT Report for Abuse
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What is the problem here.
Executive presidency or the people using that for their advantage.
Even when the political power was balanced politicians used that to topple the govt and spoil things.
It is a big mess anyway. |
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