Sri Lanka will be completing 70 years of democratic representative governance this year, having started the Parliamentary system of Government in 1947. Since then, the country has made significant progress in strengthening democracy and ensuring the rule of law and the independence of the judiciary. These far-reaching changes in the socio-economic fabric have paved the way to uphold Sri Lanka’s Parliamentary democracy to a great extent, when compared with other countries in the region.
The first and second Republican Constitutions introduced in 1972 and 1978 respectively, further strengthened democracy. Several weaknesses in the 1947 Soulbury Constitution demanded a new constitution. The 1972 Constitution was Sri Lanka’s first Republican Constitution, drafted during the tenure of Prime Minister Sirimavo Bandaranaike. This Constitution provided for a unicameral legislature called, the National State Assembly (NSA) and sovereignty was entirely vested in it. A nominal President was named as the Head of State, while the Prime Minister was the Head of the Government and the Cabinet of Ministers.
The 1972 Constitution promulgated on May 22, 1972 changed the country’s name to Sri Lanka from Ceylon and proclaimed it as an independent Republic. Hence, the official name of the country became, “Democratic Socialist Republic of Sri Lanka” and the Constitution was known as the 1972 Republican Constitution. This constitution paved the way for Sri Lanka to become a republic and severed ties with British colonial influence. The Constitution received both, negative and positive reactions. It was considered as reflecting a leftist ideology since the ruling Government was Leftist. It was also criticized as a radical departure which failed to consider the minority communities of Sri Lanka and their basic rights, including religion and language.
Nationalism
The 1972 Constitution was in many ways a symbolic assertion of nationalism, 25 years after independence. This was manifested in the political rhetoric which heralded the new constitution as an ‘autochthonous’ (home grown) Constitution drafted by a Constituent Assembly. Prime Minister Sirimavo Bandaranaike, accentuated this in her July 1970 communication to the House of Representatives: “It is your unchallengeable right to set up a Constituent Assembly of our own, chosen by us and set up by us as a free, sovereign and independent people who have finally and forever shaken off the shackles of colonial subjection.”
Even though the drafters of the 1972 Constitution saw it as a radical departure, the changes envisaged in the Constitution embraced the notion of a constitutional democracy. Despite the coalition of nationalist, socialist, Trotskyite and Communist forces, the liberal concept of parliamentary democracy was never challenged. However, the JVP which led the 1971 insurrection was to deviate from this radical acceptance of the parliamentary system of democratic participation.
Yet another salient feature of 70 years of democratic reforms was the promulgation of a new Constitution on September 7, 1978, known as the second Republican Constitution. It provided for a unicameral Parliament and an Executive President. The Constitution provided for an independent judiciary and guaranteed fundamental rights, providing for any aggrieved person to invoke the Supreme Court for any violation of his or her fundamental rights. The 1978 Constitution also introduced a form of multi-member proportional representation for elections to Parliament which was to consist of 196 members, subsequently increased to 225 by the Fourteenth Amendment to the Constitution. The Constitution also provided for a Parliamentary Commissioner for Administration (Ombudsman) who could investigate public grievances against Government institutions and state officers and give redress. It also introduced anti-defection laws and referendums on certain bills and on issues of national importance.
Until the passage of the 1978 Constitution, the electoral system was based on the First Past the Post (FPP) system for all elected bodies. It offered the benefit of a stable parliamentary government in the context of a few serious rivals for power, but, at the price of representation not being in fair proportion to the votes received by the parties and a severe bias against representation of all small political parties, except those with regional power bases. Therefore, the electoral system was changed under the 1978 Constitution and proportional representation introduced to ensure minority rights.
Executive Presidency
The Executive Presidency was established under the 1978 Constitution using the five sixth majority of the UNP in the House. The Executive President is the Commander-in-Chief of the Armed Forces, Head of the Cabinet and appoints the Prime Minister. The Executive President is elected for a five-year term by the people. Once the National Unity Government came to power in 2015 it passed the 19th Amendment to the Constitution on April 28, 2015. The 19th Amendment envisages the dilution of many powers of the Executive Presidency which had been in force since 1978. It is the most revolutionary reform ever applied to the Constitution since J.R. Jayewardene became the first Executive President of Sri Lanka in 1978. The 19th Amendment was a result of a promise made by President Maithripala Sirisena leading up to the 2015 Presidential Election.
The main objective of the 19th Amendment was to repeal the 18th Amendment which gave the President extreme powers and to reinforce democracy in the country. It established a Constitutional Council which will exercise some executive powers previously held by the President.
The 19th Amendment restores many components of the 17th Amendment letting the Constitutional Council to set up the Independent Commissions, namely, Election Commission, Public Service Commission, National Police Commission, Audit Service Commission, Human Rights Commission of Sri Lanka, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, National Procurement Commission and University Grants Commission.
The establishment of these independent commissions by the incumbent Government is a clear reflection of its utmost commitment to preserve the rule of law and the independence of the judiciary which are considered as the basic tenets of democracy. As a significant feature, the National Unity Government has also taken steps to widen the powers of the Commission to Investigate Allegations of Bribery or Corruption to ensure a decent public administration by eliminating bribery and corruption.
Up to April 2015, the Constitution has been formally amended 19 times whereby the 13th, 17th 18th and 19th Amendments have brought significant changes to the country’s political system. The Sri Lankan Parliament passed the 13th Amendment to the 1978 Constitution on November 14, 1987 and the Provincial Councils Act No: 42 of 1987 to establish Provincial Councils. The 13th Amendment decentralized the power of the Central Government by setting up Provincial Councils.
The 13th Amendment aimed at creating Provincial Councils and enable Sinhalese and Tamil as national languages, while preserving English as the link language. However, there are practical problems in devolving land, police and financial powers to the Provinces and the Government has stressed that the structure that is implemented should be acceptable to all parts and peoples of the country.
Constitutional reforms
The latest development in the 70 years of democratic representative government is Parliament sitting as a Constitutional Assembly, which is currently deliberating on constitutional reforms that could see the promulgation of the third Republican Constitution in the near future.
The Government promised a new Constitution that will finally abolish the powerful Executive Presidency and create a lasting political solution to the longstanding ethnic conflict.
Meanwhile, when Sri Lankan parliamentary tradition has now almost completed seven decades, a wonderful opportunity was bestowed on the distinguished goldsmith, Asveda Naidelage Piyatilleka, who was the architect of the ceremonial mace of the then Senate.
Piyatilleka who is now 88 years, created this mace in 1956 according to a structure given to him. The present mace which symbolizes the dignity and decorum of Parliament has been gifted by the British Government. Prior to this, it was the mace created by local artiste Piyatilleka, which was in use until 1972.
The said mace, popularly known as the Senate mace is currently in safe custody as an item of archaeological value. Nobody has permission to tamper with it. Since Piyatilleka was not able to even touch the mace of which he himself was the architect, he had been lamenting about it for quite some time. When Speaker Karu Jayasuriya heard this news, he had been on the horns of a dilemma whether the architect’s dream should be fulfilled. Finally, the creator of the mace got the rare opportunity of touching this precious item once again, a couple of days ago.
New constitution to strengthen democracy
Speaker Karu Jayasuriya told the Sunday Observer, in terms of Parliamentary procedures of Sri Lanka, we are well ahead of many countries in the region and now, Sri Lanka is being looked up to as a model. Earlier we have been asking for the abolition of the Executive Presidency. So the new Government that came to power amended the Constitution and reduced the extreme powers of the Executive Presidency, which is answerable to Parliament. Therefore, now we have a modified presidency under the 19th Amendment. A fully fledged Constitutional Council has been established which in turn appoints independent commissions. So, nine independent commissions are working perfectly, now. The right to Information Bill was also something that we promised to the people.
When we look back, these are major achievements of the incumbent Government. Rule of law has been established in the country. The appointments of all high positions in the public service are made by the Provincial Councils on a professional basis. There is no political interference whatsoever. The independent commissions such as Police, Public Service and Human Rights are active in their respective fields. Now a public officer or a Police officer could work with dignity. The Police officer could maintain the dignity of the uniform and the public servant, the dignity of his position. All these are ensured by the independent commissions. At present, freedom of expression has been fully restored. There is absolutely no barrier on criticism. So much of criticism is levelled against the Government for which there is no obstruction whatsoever. These are some of the democratic reforms that have been ensured recently.
We are also looking for a new Constitution. I hope when the new Constitution comes, many other key changes will also be made. The full implementation of the 17th Amendment prevails now. It is one piece of legislation we brought about for good governance and transparency. When you look at the parliamentary procedures, we are well ahead of many countries in the region. Now, Sri Lanka is being looked up to as a model. During the 70 years of democratic governance, we had two unsuccessful coups by the service personnel and two youth insurrections, and the problem of war in the North. They are now history, and all cleared. So, we look forward to a peaceful and prosperous time ahead.