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by U.D.J. Jinadasa

Balloting in Sri Lanka - PR posers

With the appointment of a Parliamentary Select Committee for electoral reforms, vital changes are expected in the electoral system of our country in the near future. As the Select Committee is chaired by a leader of an opposition party its recommendations are likely to find the consensus of both sides of the House.

In view of the complex social and political problems created by the Proportional Representation (PR) system particularly during the last two decades it is pertinent to reflect upon the practical working of that system in our society. The growth of communal disharmony, marked escalation of violence, murder and mayhem and the steady growth of communal politics are manifestly some of the consequential results of the system.

Although the seeds of communal politics were sown by certain minority groups after the Donoughmore Constitution in 1931, the PR system provided a fertile soil for its uncontrolled growth. It is indeed a sad irony that the PR system which was introduced in 1978 as a means to contain communal politics further exacerbated communalism in the political arena. Communal politics had often echoed in the State Council in those early days.

Electoral systems are many and varied, and the yardstick of the quality of democracy of a country is its electoral system. Periodic elections, constitutionally guaranteed voting rights, secrecy of the ballot and free and fair elections are among the other essential ingredients that make a sound democracy.

Sri Lanka which followed the British parliamentary traditions adopted the first-past-the post (FPTP) system since the days of the Legislative Council in 1912. Britain still continues with that system despite strong recommendations for a change over to PR. The radical PR system, however, had not appealed to British statesmen perhaps due to the influence of political affairs of certain other European countries such as Italy and Belgium which had dismal records of the operation of the PR system.

The first-past-the post system came to a close in Sri Lanka with the introduction of Proportional Representation by the 1978 constitution. Since then the PR is in operation not only in parliamentary elections but in provincial and local government elections too.

The country has witnessed a marked degeneration in the conduct of candidates at election time. Peaceful elections were threatened by organized gangs, and the law and order situation almost came to a point of breakdown. Such ochlocratic tendencies which were created by bitter rivalry among candidates sometime continued for several weeks during and after the elections.

Voters often claim that some of the candidates in the party list were of a low calibre. Quite often most candidates were strangers in the electorate. Naturally, therefore, such candidates when elected do not have the inclination nor the interest in maintaining a closer link with their constituents. The responsibility of maintaining acceptable standards in the selection of candidates for party nomination such as the education, upbringing and occupations rests squarely on the parties concerned.

Time was when parliamentary oratory kept the galleries spell bound. People today miss the lively debating skill of the older generation parliamentarians whose speeches were mixed with wit and humour. Such high standards could be maintained because under the FPTP the voter had a free choice.

The greatest weakness of the PR system, as its practical working in our country had shown, was the inability of the winning party to command an absolute majority. In the corollary minority parties play the "king-maker' role with their bargaining power. Coalitions thus formed last as long as the major coalition partner yields to their demands. Back stage deals begin almost immediately after the elections. Unreasonable bargaining power of minority parties is inseparably a part of the PR system.

By-elections are the barometers to test public opinion between elections, but they have not place under the PR system. Vacant parliamentary seats are filled by the Commissioner of Elections on receipt of nominations from the relevant party secretary.

Most critics of the PR system are of the opinion that the results of by-elections serve a useful purpose particularly for the governing party.

With all these disadvantages one cannot easily dismiss the PR system as it provides some of the small political parties to be represented in Parliament. "A fair representation of ethnic minorities is essential," says Professor Ramsay Muri, "not only for their own protection, but for the well-being of the whole". Most minority parties did not find favour with the Donoughmore Constitution because it provided little opportunity for minority representation. However, what is important is that the government should be stable and effective so that it could carry out its programme of work without any hindrance.

Even under the Donoughmore Constitution certain Tamil groups felt that their community did not get adequate representation in the legislature. In fact, their craze for a separate state originated as far back as 1937. Mooting the idea of federalism a writer in an article published in the Hindu Organ, a Jaffna based newspaper, on December 13, 1937 stated that failing federalism the Tamils should create a separate Tamil state. Explaining further he states.

"...... that at some distant future all the minorities will be made to lose their race consciousness, language, culture and religion, laws, dress and national trends to coalesse with the majority community. Thus the minorities are intended to become Sinhalese speaking and of the Buddhist faith. There should be a federal constitution; if this is not granted the Ceylon Tamils should separate from the rest of Ceylon. If they are not allowed to separate they should federate with India". One cannot, therefore, totally blame the more recent events for the Tamil uprising as it is clear from the above statement that separatism festered in the minds of certain Tamil leaders even before independence.

In view of the present developments a combination of both the FPTP and PR systems would serve well for our plural society. That could certainly maintain the constituency link too. Germany since 1949 has adopted such a system. Nearly 50 per cent of Germany's 669 seats, to be exact 328 seats, in the Lower House - the Bundestag - are elected through the FPTP from single member constituencies and the balance through a nominated party list proportionately.

That type of electoral process, better known as the additional member system, leads to the election of two classes of representatives from the same ballot paper - those directly elected by popular vote and those elected from the party list. However, both these classes are equal partners in law making. Whatever system that is adopted should be made with suitable changes to suit our plural society.

The conduct of certain politicians is viewed with grave concern by the public. Certain politicians take the law into their own hands particularly when they confront law enforcing officers. Most politicians are portrayed with low esteem today than in the past. Politics then had never been considered a vocation to accumulate wealth. As regards the conduct of some politicians the electors are just passive onlookers under our democratic system.

However, in certain states in the USA the voters have a control over their representatives, such as Governors, Mayors and members of local legislatures. That system, popularly known as the "Recall" could be utilized to withdraw the representatives by submitting a petition with a sufficient number of signatures of the voters for grave misconduct of their representatives. At least fifteen states in the U.S. use this procedure.

As stated earlier, crime and electioneering go hand in hand in Sri Lankan politics. The preferential voting system has caused bitter enmity and rivalry even among the candidates of the same party. Assistance of underworld gangs is sought by certain candidates either for their own protection or to attack rival groups. It is not surprising, therefore, that criminal gangs continue to be a menace to society with the protection of certain politicians. Perhaps, the root cause of the present crime wave is the prevailing electoral system of the country.

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