Liberal Party of Sri Lanka

Reconciliation – Ideas for Constitutional Reform 6

The Cabinet of Ministers

Over the last 25 years the idea of Cabinet government has become a joke. I suspect this was the intention of J R Jayewardene when he imposed an Executive Presidency on a Westminster style system of Cabinet government. In no other country in the world in which the Constitution is a serious document is there an Executive President who has to select his Cabinet from amongst Members of Parliament who continue thus to serve in a dual role. And I should add to this that, in the Westminster system, where all Ministers are Members of Parliament, there is provision generally for additional talent to be included through a Second Chamber – as we see illustrated so effectively in India today.

Adding to the problem is the tradition introduced by President Jayewardene of giving ministerial positions to almost everyone. This led to the assumption that not being made a Minister was an insult, which warranted conspiring against the government. Given that the provisions to prevent cross-overs have also become a joke, this meant that the cabinet had to be continually expanded. Even honourable retirement is now accompanied by a ministerial position, and since the criterion seems to be just age, extraordinarily able people like Sarath Amunugama are D E W Gunasekara are shoved upstairs and replaced with persons without the half of their talents. The latest anomaly, of a Senior Minister also becoming a Junior Minister, since someone of enormous ability is now needed in Parliament as financial problems mount, only serves to make clear to what a ridiculous position we have brought ourselves.

Reconciliation – Ideas for Constitutional Reform 5

Provincial Assemblies

The current controversy over Provincial Councils can be easily resoved, if we accept the following basic principles –

Provincial Councils should not be abolished, since the 13th amendment establishes the right of people to take decisions in areas that affect them, while affirming the responsibility of the central government for national policy on all matters as well as security requirements for the nation as a whole.
The current Provincial Council system does not sufficiently empower the people, and should be reformed, to ensure that politicians entrusted with responsibilities in the Province are more accountable, and responsive to people's needs
An appointed Governor is an anomaly given the need for responsive decision making, but a fully empowered Chief Minister who also controls the Provincial Council could exercise power without adequate responsibility to the people
Waste and duplication of resources and responsible personnel should be avoided

Reconciliation – Ideas for Constitutional Reform 3

Establishment of Consultative Committees to formulate policy and monitor executive action

I wrote last week about the need to have a Parliament in which members could fulfil their legislative role more effectively. But, in addition to changes in the electoral system, we need for this purpose to ensure that Parliamentarians have a better understanding of that role.

Essentially Parliament has two principal functions. One is with regard to laws, inasmuch as it is Parliament that formulates and passed laws. But, since laws pertain to particular functions, which are fulfilled by the Executive Branch, it is necessary for Parliamentarians to understand what those functions are.

Reconciliation – Ideas for Constitutional Reform 4

Local Government Councils

Having attended many meetings over the last year at Divisional Secretariats, I have realized that that is the best unit for ensuring knowledge of the day to day problems people face, and putting measures in place to address them. While Grama Niladhari Divisions allow for better local knowledge, these are too small for effective interventions, even with regard to local difficulties such as bad roads, deficiencies in utilities, inadequate health services, insufficient resources for education and training.

The Divisional Secretariat can coordinate matters in such areas, whilst also ensuring technical expertise at appropriate levels to plan and implement development projects. It is vital however that consultative mechanisms be introduced to ensure that local concerns are brought to the attention of decision makers, with opportunities to make suggestions and question decisions.

Constitutional Reform – the Liberal Party returns to roots in promoting discussion and consensus

The Liberal Party of Sri Lanka was founded 26 years ago, on January 19th 1987. It grew out of a think tank called the Council for Liberal Democracy, which had been established by Chanaka Amaratunga in 1981. Though initially Chanaka and the CLD were close to the governing United National Party, they broke with the UNP in 1982, when the referendum to extend the life of Parliament by a further six years was proposed.

The CLD was the first organization to question the Constitution of 1978 from a centrist perspective. Though the then leader of the LSSP, Dr N M Perera, had written a brilliant critique of the Constitution when it was introduced, his perspective was a centralizing socialist one which regretted the Parliamentary control of all branches of government entrenched by the 1972 Constitution. That was based on the Westminster parliamentary system, but it did away with the checks that system employed, such as a Second Chamber and independent institutions deriving authority from a Head of State who was not beholden to the Head of Government.

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