Reality of two-thirds power in parliament

Reading the articles published in The Island over the last few weeks, it seems that most of the political analysts, regardless of the party they support, agree on a few assumptions with regard to the upcoming general election and subsequent issues of governance. Firstly, that the current constitution needs some kind of reform if not a complete overhaul in order to at least facilitate a smooth process of governance. Secondly, that the Sri Lanka Podujana Peramuna (SLPP) will come into power. Thirdly, that the SLPP will find it difficult, if not impossible, to get a two-thirds majority – they are asking for- in order to make the necessary constitutional reforms. In fact most analysts, drawing from past experience, have argued against them being given a two- thirds majority; this view was supported by the editorial of this paper in the not too distant past.

With the election less than a week away, given the importance of constitutional reform and the necessary two-thirds to change it, what are the implications if the SLPP does not get the two-thirds it seeks?

Let us approach this matter from an ‘Anti-Rajapaksa’ point of view. The SLPP comes into power. The President is a Rajapaksa. The Prime minister is a Rajapaksa. The remaining brothers, family, relatives, acolytes command all the critical ministries/posts of the Government. They have an army of ‘ex-army’ to run the government administration the way they want, with the support of the army and other forces to get everybody in line. They have their own supporters from Viyathmaga, Yuthucama acting as spin doctors to justify their economic policy, political ideology, and so the country goes down the tubes.

So, do they actually need two-thirds to change the constitution to achieve whatever they intend to bring about to this country? Clearly not. They can achieve this whether they get two-thirds or not! And once they start ruling they can continue to rule regardless. We have seen this happen under the post-1977 UNP leadership, political intimidation, stuffed ballot boxes, recounting results till one gets the result one wants etc… Once again two-thirds is not required for a continuing Rajapaksa rule.

On the other hand from a ‘Pro Rajapaksa’ point of view, with the Rajapaksa clan in power one can trust them to deliver the country into prosperity, entrust the sovereignty of this country and safeguard its heritage. This would be achieved in spite of the current constitution – or any constitution for that matter. Furthermore, since it will be two brothers with the bond and trust that exists between brothers, the current division of power in discharging the executive that exists between the Presidency and the Prime Ministership will not matter in the governing of the country; deficiencies which we witnessed firsthand during the Yahapalanaya government. Once again we see that a two-thirds majority is not necessary to achieve this. The Rajapaksa’s will continue to rule the country into prosperity and splendor. If the people of this country do not like their rule they can be voted out. This has been done before – in 2015, and as witnessed the power was given up graciously.

Therefore, the question that needs to be asked is why does GR/SLPP need a two-thirds majority to change the constitution? As was illustrated from two opposite points of view it is not for them to rule or to rule continuously. According to my thinking the only reason to bring about a constitutional reform, is not for the sake of the current SLPP government, but to safeguard our country against future governments that could be manipulated and bullied by forces, within and without. This was a request we continually heard being made to GR in the run up to his Presidency- ‘Mae rata arakhsha karala denna’. From 1977 onwards the constitution of this country has been designed to keep those in power in power, and manipulated for personal agendas to decide who gets to rule, who cannot contest, how to get power, how to get minority support to remain in power etc… Therefore, it is quite reasonable for the voter to view this request for 2/3rds with total mistrust.

Thereby one arrives at a Catch 22. Power needs to be given to make a powerful constitution that cannot be abused by ‘power’. When it comes to the question of power, the unavoidable truth is that in the end, Power = Responsibility. For as we all know one cannot claim responsibility or be held responsible for events that one does not have the power to control; as was convincingly demonstrated by the Yahapalana government. Whether one likes it or not, if one wants a responsible system then one needs to restore its power. Do not lose sight of the fact that prior to 1977, we had a constitution which executed its power via a parliament and a prime minister, and then immediately after 1977 one that executed its power via a President. The issue is not in the power, but in the people whom we select to use this power.

SLPP needing a 2/3rds electoral majority to change the constitution is in its strictest sense a myth, if not an outright fallacy. What is required is a 2/3rds of the parliament voting in favor of a given proposal. What we need is a parliament of parliamentarians who have integrity, and will stand up for what they believe is for the good of the country, regardless of which party they belong to, i.e. men of the calibre of retired rear Admiral Sarath Weerasekera, the only person to vote against the 19A.

Hence the solution is to vote for people you believe will stand up and do what is needed for the country, regardless of the party they represent. This will give a parliament that has the necessary two-thirds to do what is required and more importantly stop what is not. Ironically it is you and I who have the power/responsibility to do this! Vote the correct person in. So, if you believe in the statement that was expressed that all the 225 MPs should be relegated to the Diyawanna oya; it is within your power to make sure that this happens (in a sense). It is your responsibility.

I would like to draw your attention to one salient fact. Despite having the power to send whoever you want to the parliament, you and I, have no power over the national list entrants too. So, let us vary our selection. Make a conscious choice of which party we select our preferences from.