National Govt.: Does it require more time to achieve its utility?

Theory of a coups d’état

In the wee hours of 9 January 2015, an interesting incident was reported in mass media. It was the sighting of the former Chief Justice Mohan Peiris at the palace giving possibly legal advice or perhaps advice on the available legal remedies or loopholes in the system to circumvent the will of the people. The Attorney General too had been summoned to the palace for possible efforts at rendering the results of the presidential election annulled on the pretext of an orchestrated national emergency. 

The conspiracy theory was advanced by the Foreign Minister Mangala Samaraweera by officially lodging an entry with the Criminal Investigation Department (CID). The key participants who were at the palace were also interrogated and statements taken. This theory of a secret conspiracy was also echoed by the Prime Minister Ranil Wickremesinghe and the key ministers. The story had even been picked up by the mainstream international newspapers such as Daily Mail of London and The Hindu of India. 

So far the investigation seems to have got firmly anchored at the Attorney General’s Department. The entire legal fraternity was of the opinion that former CJ Mohan Peiris’s presence was an assault on the independence of Judiciary and his physical presence had no bearing whatsoever over any legal issue that might have arisen there. 

Pressure had to be mounted to get Mohan Peiries to resign. There were reports that Minister Wijeyadasa Rajapakshe had behind-the-door negotiations to get his resignation but in the end his appointment was rendered null and void. The independence of the Judiciary has now been restored, it can be gauged by making comparative analysis of the style and governance of the previous regime. What therefore needs to be done on the conspiracy theory is now a policy matter for the Government. 

National Government

Since President Sirisena came to power through collaborative efforts of anti-SLFP/UPFA political factions, civil society organisations and trade unions led by UNP who were hell-bent on seeing a change of regime owing to an acute public demand that there must be a change. People’s frustration was bolstered by the widespread allegations of corruptions, absence of rule of law, public display of vulgarity, and authoritarian tendencies of the previous regime. 

The National Government was institutionalised through the 19th Amendment to the Constitution, the passage of which was approved by a historical majority of 214 members voting in favour of it. The national government concept had been enshrined in the 19th Amendment. It is ironical that we have a Joint Opposition (JO) crying foul over their own Government for which they voted. They failed to recognise the National Government largely due to petty politics. There are about 51 Members of Parliament who are opposed to the national government concept and out of this 51 a majority of MPs voted for the 19th Amendment. 

There is an incongruity as to the real purpose behind the creation of a JO as their purpose is to protect the interests of former President Mahinda Rajapaksa. It is even beyond comprehension as to why former President Rajapaksa and his son MP Namal Rajapaksa were absent at the time No Confidence Motion against the Minister of Finance was being debated in Parliament. They had not even signed the Motion, according to press reports. 

The No Confidence Motion against the Minister of Finance was an attempt at dividing the SLFP and not really against the Minister and it clearly showed that the National Government is as strong as it ever was. The strength of the National Government is manifested through the excellent cohabitation between the leaders of SLFP and UNP.

The need for a national government was borne out of the fact that we have had a brutal war for three decades witnessing the human carnage of killing each other. The conflict was rooted in the ethnic conflict that bedevilled our country in terms of human destruction, economic destruction and degradation of the harmony among ethnic minorities. A political solution to our national issue has been dragged on for almost four decades now. Political pragmatism was displayed by President Sirisena and Prime Minister Wickremesinghe to forge ahead and work for common good of the nation. 

The important task right at the moment is to overcome the economic woes of the country. It is the responsibility of all and sundry to be patient as the country is going through this difficult economic circumstance owing to our own mismanagement of the economy through excessive borrowing and capital investments which did not provide any income to service the interest payment of the loan let alone the capital payment. The Mattala Airport and Hambantota Port have not produced the desired income and thus become a burden to the national purse. 

Even Wimal Weerawansa, while being a Minister of the then Government, was castigating P.B. Jayasundera over loans being taken to finance the road constructions (on Derana TV 360 program). He was indirectly attacking former President Rajapaksa. 

It is fortunate that leaders at the helm of National Government have performed remarkably well over policy decisions and there has not been any public display of acrimony. This must prevail until the country is back on track. The leaders of National Government have displayed real statesmanship and must be commended that they have put the country first, not the personal agendas of fattening the bellies of their families. 

New constitution

The most important milestone that can be achieved through a national government is the introduction of a new constitution that would bring all communities together as one country and one nation, leaving no room for separatist tendencies. There are ample lessons we can learn from experiences with other countries. 

The US Constitution held for over 225 years with few amendments. The Constitution of India held for almost 60 years with some amendments. It is a remarkable document that held various ethnic communities together. The Constitution must uphold the dignity of individual and it must provide a sense of pride to its citizens that they are second to none and that each citizen receives the equal protection of the law. 

The constitution must provide an equally powerful judiciary with ability to dispense justice without any fear or favour. The new constitution must provide a bicameral legislature with a higher chamber for the learned members of the society, religious dignitaries and professionals who have excelled in their respective professions so that political partisanship or legislation rushed through the heat of the moment can be checked when the bill comes before the upper chamber. 

It might have been a colossal political mistake to have disbanded the Senate of Ceylon in 1971 solely due to a partisan political exercise. The obvious reasons for the abolition were that the Senate was dominated by the UNP loyalists and Senators who were appointed during British administration, who might thwart the legislative agendas of the then SLFP-led Government. 

The Senate of Ceylon has been in existence for 24 years and it was preposterous as to how the Royal Assent was taken to certify the Ceylon (Constitution and Independence) Amendment Act No. 36 of 1971. The new constitution must therefore be a people’s constitution so that it will remain in force for centuries to come. 

(The writer is a political commentator and a freelance journalist. He holds an LLM in International Commercial Law and a Post Graduate Diploma in Diplomacy.)