Nominal changes will not do

There are several political manoeuvres currently underway in the wake of unprecedented anti-Government protests happening island-wide. 

A No Confidence Motion (NCM) is to be presented to Parliament by the main Opposition Samagi Jana Balawegaya (SJB). There is also speculation of a move from within the ranks of the Government to oust Prime Minister Mahinda Rajapaksa and replace him with a more amenable member of parliament from the ruling Sri Lanka Podujana Party (SLPP). Meantime premier Rajapaksa is on record stating that he has no intention of resigning and wishes to carry on in his office.

There are also discussions about a 21st Amendment (21A) to the Constitution. While premier Rajapaksa has sought the approval of the Cabinet for a 21A that would restore some of the checks and balances that were in the 19A, the Opposition proposals go beyond the 19A for an outright abolishment of the executive presidency.

Unlike the constitutional coup precipitated by former president Maithripala Sirisena in October 2018, the current impasse is not focused solely on the prime minister and the individual who enjoys the confidence of Parliament. The protests on the streets are primarily targeting President Gotabaya Rajapaksa for his monumental failures in the last two years, especially in the handling of the economy. Since enacting the 20A he has concentrated executive power to himself and has thus nullified any possibility of diverting responsibility for the economic calamity that has befallen the country. The current crisis cannot therefore be overcome by simply replacing the prime minister. 

The Opposition has clearly stated that they wish not to be part of a government in which the president still holds office. Any moves by the President to oust premier Mahinda Rajapaksa or to replace him with a more amicable MP from the SLPP will not suffice to quell the growing anger on the streets. The prospect of a national government or an interim government with or without the opposition would have very little significance under the current Constitution in which the president’s executive power is absolute. Therefore, the only reasonable exit from this current political crisis is through the abolishment of the executive presidency. An amendment to the Constitution that reverts power back to Parliament with a prime minister and cabinet of ministers accountable to the legislature will provide ample space for many of the political players to manoeuvre. Such a system will offer stability through the strengthening of institutions rather than the elusive stability that has been offered in the current Constitution through individuals who hold the office of executive president. A new amendment that would bring back the potency of the independent commissions and strengthen the role of the judiciary will be a viable option going forward. 

President Gotabaya Rajapaksa must finally realise that the current situation makes the country ungovernable. The protests that are now happening throughout the country are unprecedented and cannot be expected to die down any time soon. There is near paralysis of the functioning of the whole State apparatus. His attempts to carry on with his brother or replacing a premier Rajapaksa with another is not going to resolve this crisis. The people on the streets have come a long way to now turn back from their demand for a full ‘system change’.The most prudent, democratic, constitutional, and patriotic option available for President Gotabaya Rajapaksa is to facilitate the 21st Amendment to the Constitution that would abolish the executive presidency and pave the way for a smooth transition of power after its enactment with a two-thirds majority in Parliament and if necessary, a referendum. From the current vantage point, anything less would be a waste of everyone’s time and energy.