Don’t blame Constitution for grave lapses of Ranil and Maithripala -JVP

By Saman Indrajith

The country’s failed socio-economic-political situation should not be blamed on its Constitution, JVP leader Anura Kumara Dissanayake told Parliament yesterday (22). 

Participating in the second reading debate on the 20th Amendment, Dissanayake said that the failure of the yahapalana regime should not be equated with the 19th Amendment. “The 19th Amendment to the Constitution came into force under the weakest political leaders in recorded political history of the country––Ranil Wickremesinghe and Maithripala Sirisena. Otherwise, the 19th Amendment would not have been seen to be a failure.

“Most of the amendments to the 1978 Constitution have been brought in by governments that had a two-thirds majority in Parliament. Every Opposition voted against those amendments. However, there are two amendments brought in by governments which had only a simple majority. One was the 17th Amendment to the Constitution and the other the 19th Amendment. It is noteworthy that they received the highest number of votes in favour. Only one MP voted against both amendments.

Thus, this government is able to present the 20th Amendment not because there is a consensus among different political parties, but because it has a two-thirds majority.”

 Dissanayake said: “We do agree that the 19th Amendment to the Constitution had its own shortcomings. However, its core intention was to strengthen democratic governance. If we are getting rid of the loopholes of the 19th Amendment, we need to orient our attempt towards a more comprehensive democratic framework. For example, Professor G.L. Peiris pointed out that members of the Constitutional Council cannot be removed. So, an amendment should be brought in to allow the removal of such a CC member. But if you are removing the whole of CC, that is not an act of strengthening democracy. The 19th amendment would have been a success if it had come into effect under a responsible political leadership. Blaming the failure of two horrible political leaders upon the 19th Amendment to the Constitution is not fair. Failure of the rulers should not be blamed upon the country’s Constitution. It is politically incorrect. Problems this country has faced are not constitutional; the political rulers are responsible for them. It was the executive presidency that has a destructive power vested in it. That is how J. R. Jayewardene expelled trade union activists, prohibited political parties, opted for an open economy with serious flaws. So, this socio-economic-political chaos has not been created by the Constitution. We as a political party believe in partial centralisation of power, but that should be done not to vest more powers in an individual but to strengthen institutions.

Dissanayake was also critical of a new provision introduced by the 20th Amendment concerning the appointment of ministry secretaries. According to Dissanayake the new provision enables a ministry secretary appointed by the executive presidency to be absorbed into the government service after concluding his or her service as the ministry secretary. “For example, if a military person is appointed as a ministry secretary by the Executive President, the appointment becomes legal. Now, this new provision allows this appointed person, at the end of his service, be appointed as the Director General of the same institution. This is absorption to the government service.”