Archives

by Ravi Ladduwahetty

Prime Minister Ranil Wickremesinghe will meet leaders of all political parties in Parliament today to discuss the Government's proposed electoral reforms which is an embodiment of the German system- a hybrid, which will have 125 Members of Parliament elected from the first-past- the-post system and 100 Members elected from the Proportional Representation system.

Here, the Daily News analyses the merits and the demerits of the electoral processes in the Donoughmore Constitution and the Republican Constitution and spells out why the proposed electoral reforms have been deemed mandatory in the polity's bid to usher in a culture that is devoid of rancour and acrimony, which has been the hallmark of the political culture that has been prevalent in this country for the past three decades.

A politician thinks of the next election, a statesman, the next generation- Benjamin Disraeli

All elections in Sri Lanka up to the July 21, 1977 Parliamentary polls, have been held under the first-past-the-post system under the auspices of the Donoughmore Constitution of 1931 where the candidate who procured the highest number of votes from the electorate was declared the winner. The elections were easy to dispense with where the voters had direct contact with the grassroot politician where the geographical expanse of the electorate was within manageable proportions.

This was a straight forward system where the MPs were elected on an electorate basis and the political party/ parties/ coalitions which had the highest number of seats in Parliament formed the Government and the head of that party/grouping, who could command the confidence of the members of Parliament, was elected as the Prime Minister.

Ceremonial President

It was with this system which enabled the UNP Government of Prime Minister Dudley Senanayake to reduce the SLFP to 8 seats, the SLFP led-coalition in 1970 to form the United Front Government in 1970 with the two thirds majority (where the UNP was reduced to 17 seats) to enact the Republican Constitution where the Prime Minister was the Head of Government while a ceremonial President was the Head of State.

It was also the very same system of the first past the post where the UNP returned to power on July 21, 1977 with a record 83 percent of the MPs (140 of the 168 sitting MPs) of the then Parliament where the SLFP was reduced to 8 seats and for the first time in independent Sri Lanka, a member of the minority community- TULF's Appapillai Amirthalingam, became the Opposition Leader.

The political hierarchy of the then Government spearheaded by President J. R. Jayewardene sought to amend the then Constitution, which was seen as the bane of the polity on the premise that the then system could swing the votes and public opinion to procure a two thirds majority or more, and where there could be manifestations of the oft quoted phrase:" absolute power corrupts absolutely."

Under the then constitutional reforms which were enacted, President Jayewardene who was elected Prime Minister in July 1977, was deemed elected as President by a transitional provision in the new Constitution in February 1978 to be Executive President.

Electoral system

Among the far-reaching reforms those were made in 1977 was the electoral system which stand today where the first past the post system was totally eliminated and a Proportional Representation (PR) was going to proceed where the MPs elected were on a district basis. The Preferential vote system was also introduced.

The pioneers of the 1978 Constitution brought in this theory based on the rationale that the winning candidate gets the seat in Parliament, but the large number of votes of the losing candidates, whose aggregates could be higher than the single winning candidate, is not reflected in Parliament.

The pioneers and the Constitution makers of the day, also perceived that the minority political parties did not have adequate representation in Parliament. The end result was that the two major parties (at times as coalitions) ended winners, which led to political polarisation. The only opportunity for the minority parties to be elected to Parliament was to either tie up as a coalition partner with a major party or contest as a member of one of the main parties using the symbol of that party.

Backdrop

This was the backdrop which led to the switch to the Proportional Representation system of electing leaders. There were the criteria which were based on the introduction of the preferential vote system.

A further clause in the 1978 Constitution also spells out that if a candidate gets 5 per cent of the total votes polled by that party, he gets a seat in the House.

The electoral system of the 1978 Constitution had its own flaws and other drawbacks. One was in that a minority party candidate could garner 35,000 votes and be elected to Parliament from a certain district by virtue of the fact that he has mustered votes in excess of the 5 per cent while another candidate who polls over 50,000 votes from more populous district could have the prospect of not entering the House.

This PR system has nullified the system of electing legislators based on the electorates. It was on the number of votes polled by the individuals as against the votes polled by the party, that the number of legislators were determined.

The other drawbacks included the geographical district that a prospective candidate has to cover to garner his votes. In contrast to the old system where he keeps his/her personal touch with the immediate electorate, he has to cover the entire district which translates to additional fund requirements. The PR system could also mean that candidates could encroach into the electorates of his rival within the district which means that this could also spark off controversy and also conflict of interest.

Precedent

On the other hand the PR system has also set off a precedent that the MP of an electorate could tend to help another electorate of his own district due his procuring more votes from that rather than his own, thus making a mockery of the geographical/ electoral boundaries.

That means that vote catching will be like a bun fight. This will mean that some of the minority political parties will also have the prospect of mustering an electorate based on the large number of votes which they have aggregated from the entire district.

That was the basis of the JVP returning with three MPs from the Colombo District after having polled only 200,000 votes from the Colombo District. The JVP would have never been elected to the House with such a large number under the first past the post system.

In instances such as this, the MP has to distance himself from the voter at times of common needs. Sometimes, it is at the time of the ensuing election that the would be legislator see his electors. The common touch is absent and votes have been placed due to posters and on word of mouth. On the contrary the voters have the option of inter-acting with the MPs under the earlier system. The preferential vote has also led to erosion in intra-party discipline with rancour and acrimony at grassroots levels. The nominee has been selected on the ability to inject funds and not on who is more acceptable.

Though the PR system looks very democratic externally, it has also been unfair in that the minority parties cannot procure large funds for electioneering in contrast to some of the major parties whose candidates are said, sometimes to be backed by rich businessmen.

Drawback

A further drawback is that no one party can form its own Government under the proportional representation system. Two thirds majority is totally impossible and therefore, changing the Constitution again is virtually impossible.

Now, it has been deemed necessary to have a further change in the light of both these constitutions unable to meet the aspirations of the voters and the legislators themselves.

What the new electoral reforms which is parallel to the German system, aim at is having a hybrid system where there will be 125 Mps based on the first-past-the-post system and a further 100 based on the Proportional Representation system.

By this system the voter has the opportunity of electing his grassroot MP for the electorate while voting for another from the District on the PR basis. Both votes will be on the same ballot paper. There is also diversity in that he is entitled to cast his vote for the grassroot MP from one party and the other from the District basis.

Politicians would undoubtedly welcome the proposal to do away with the preferential vote system as rancour and acrimony at intra-party levels and inter-party levels would be eliminated. The smaller parties would also welcome this hybrid system as they would not need relatively large funds and would enhance chances of election.

This proposed system would also enhance the prospect of all parties being represented in Parliament where a multi-ethnic democracy would thrive.

The prevailing political system in Sri Lanka is such that no single political party will be able to draw a sweeping majority in Parliament irrespective of whatever system that has been in operation to date. The Proportional Representation system makes it difficult for any political party to obtain a clear working majority.

So, what one can expect best is that this new reforms will be able to draw the middle path from the two extremes where the scales will not tilt to any side but get a stable and good working majority for the Government of the day to proceed in the interest of the nation with minimum political violence.

The fact that this new system is relevant at the Local Government, Provincial Council and Parliamentary levels, is indeed refreshing that there will be a new opportunity for political consensus and goodwill right across the board, in the backdrop of the abundance of rancour and acrimony and consequent election related crime along with the seeds of dissension in this strife torn nation. 

News | Business | Features | Editorial | Security
Politics | World | Letters | Sports | Obituaries |

Produced by Lake House
Copyright 2001 The Associated Newspapers of Ceylon Ltd.
Comments and suggestions to :Web Manager