Review merits and demerits of Executive Presidency in present and future context

By Bernard Fernando

I allude to the recent article titled ‘Abolition of Executive Presidency has become viable’ published in the press by Jehan Perera focusing on an emerging prospect of abolishing Executive Presidency. 

My immediate response would be to say ‘Why throw the baby with the basin?’ A pithy Sinhala saying would be ‘Muhunath ekka thiyena tharahata aiy nahaya kapanney?’(Why cut one’s nose because of anger with the face?)

Review merits and demerits in the present context

He has side-tracked the implications and the pros and cons of this critically important issue by casually stating that merits and demerits of Executive Presidency have been discussed over the years since its inception in 1978. 

It is unfortunate that one had to shift the focus to ‘striking when the iron is hot’ without reviewing the implications of this elusive issue in its current and future context. Why should we ‘burn our fingers’ by striking an iron just because it is hot?

Isn’t it unprecedented in the history of Sri Lanka or for that matter world politics that two arch rivals in the political arena formed a hybrid Government to focus on ‘country first’ by setting aside parochial political-power differences and self-interests? 

Indeed it was a candid exhibition of political maturity and signalled the much-awaited paradigm shift in the political culture of Sri Lanka. Is it fair to throw this superlative political sacrifice to the dustbin of history or nip this singular effort in the bud within a span of three years?

Who created the seeming chaos?

In our view, it is the cavalier-style, irresponsible, immature statements made by a coterie of our unprincipled, haughty and spineless politicians that have upset the apple cart more than anything else. It is regrettable that our mass media have exercised their liberty to blow such unpatriotic small talk and statements out of proportion merely to sensationalise and play to the gallery. 

Ironically and unfortunately it has created a rift between the main parties of the hybrid Government. Let us remember that we should not blindly follow the Westminster Parliament democracy of opposition breathing down the throats of the ruling Government.

Merits of Executive Presidency

In all my relevant submissions to the press, I have supported retention of Executive Presidency provided that all dictatorial clauses (including judicial immunity) are removed. Of course, the unparalleled merit was that it directly helped to end the 30-year plague of terrorism. Now it has become a sine-qua-non for the Executive to build up a ‘Sri Lankan’ identity devoid of ethnicity, colour, caste and creed. 

Another important merit is, it can be effectively used to control the behaviour of provincial governance. Executive machinery makes decision making and problem solving quicker to ensure rapid development of the country. This post can be used to discharge the functions of a National Ombudsman quite effectively. 

The President’s Fund and the activities of the Presidential Secretariat surely are positive features. However, proper administrative checks and balances should be introduced to prevent abuses such as the ‘sil redi’ case and release of funds through the President’s Fund.

Steps taken to remove demerits

The hybrid Government through the 19th Amendment took a refreshing start by removing some of those abhorrent clauses such as the 18th Amendment, power to dissolve Parliament after one year, unilateral power of president to make appointments to key State institutions and introducing a power-sharing and a consultative mechanism with the Prime Minister which compensates for the dilution of President’s powers. 

If there is a sincere political will, umpteen ways can be found to remove barriers!

Conclusion

As we know, the abolition of the Executive Presidency requires a two-third majority and a high cost referendum. Therefore, let us now remove the remaining bad teeth such as judicial immunity and other such clauses, if any, bordering on dictatorship and continue with the Executive Presidency in keeping with needs of the country without becoming victims of academic theory and practice. 

There is no need to follow alien models. In our view, the rivalry issue of Executive President Vs Prime Minister or Parliament will not prevail if our politicians stick to the objectives of democratic machinery and learn to place the country first in their decision making and behavioural processes. 

The issue of hung parliament or unstable government too will not arise if politicians raise up their hands to all policies and proposals that are beneficial to the country without opposing for the sake of opposing. 

Towards this end, all politicians should change their attitude and culture and selflessly contribute to fine tune and amend proposals or bills with the good intention of doing their best for the country.