21A for the better

In the midst of an unprecedented political and economic crisis, an opportunity has presented itself for monumental constitutional change that could fundamentally alter the governance structure of the State for the better. Ironically, President Gotabaya Rajapaksa, the most powerful executive in the history of the republic since the enactment of the 20th Amendment constitution (20A), has now paved the way for the possible abolishment of that office. 

The fact that President Rajapaksa has failed in governance, despite having overwhelming powers bestowed to him through the 20A and enjoying a two-thirds majority in Parliament, is testament to the failures of the current model of governance. In this moment of chaos however there seems to be an emerging consensus of the necessity to bring back the checks and balances that were in place through the 19th Amendment (19A) and the dire need for the strengthening of democratic institutions such as the parliament, judiciary and the public service.

It should be apparent by now that the current crisis may have been avoided or at least mitigated if there was a degree of oversight by the Parliament. Despite the legislature being responsible for the finances of the Republic there has hardly been an opportunity for Parliament to intervene while the Government of President Gotabaya Rajapaksa was making one policy mistake after another. In any other parliamentary democracy, the Governor of the Central Bank, the minister in charge of finance and public officials would have been under constant scrutiny. Here, instead of such checks, the minister in charge of finance was hardly in Parliament even to answer a question from the members of the Opposition.  An independent police, an Attorney General’s department and a judiciary would have set the necessary checks against the rampant corruption that raged for the last two years devastating the economy. Public servants acting independently would have been able to advise the Government on the follies of their policies without fear or retribution. 

The proposals presented to Parliament this week by the main Opposition, Samagi Jana Balawegaya on changes to the executive are welcomed. If these are to be enacted as the 21st Amendment (21A) to the Constitution it would be a vast improvement from the 19A which had numerous inherent deficiencies which created multiple power centres. From what is available in the public domain the new amendment envisions to abolish the executive presidency and proposes for the president to be elected by Parliament. 

It will seek for the cabinet of ministers to be continuously accountable and responsible to parliament and while providing for provisions for it to be removed by a no confidence motion. It is also understood that the Constitutional Council and independent commissions including, audit and procurement commissions will be re-established while provisions to prevent corrupt crossovers will also be incorporated.  

The drafters of the proposed amendment, especially the leader of the Opposition, should not shy away from addressing the political aspirations of the minority communities, especially concerning the issue of regional devolution. There is a true sense of unity that is being forged on the streets these days as peoples from communities and all social strata fight together for a common cause. There is also a sense that the politics of division had prevented Sri Lanka from reaching its true potential and that corrective measures are required. This is truly a unique moment in history, one which may not come for generations. 

Therefore, it is necessary for the political leaders who are presenting themselves as the alternatives to the Rajapaksa regime to have the courage to address not only the desired structural change in the executive but also address the long held aspirations of the minority communities to be equal partners in the governance of the State. If this is achieved through the proposed 21A it would be the most consequential constitutional change in post-independence Sri Lanka. All those who would make it happen will no doubt secure their place in history. May there be leaders with courage and conviction.