ELECTORAL REFORM: Since the People's Alliance Government took
over the reign of the country in 1994, there had been several attempts
to bring about Electoral Reforms to suit the present day needs of the
country.
There were also moves to re-write the Constitution of the Democratic
Socialist Republic of Sri Lanka. One of the main reasons to rewrite the
Constitution was to bring about a solution to the ethnic issue that
emerged from the times of independence.
Tamils are the second biggest ethnic community and some of them were
out to get the country divided during the early part of the Independent
Sri Lanka like in India.
But saner minds saved the day. Yet the desire to clinch a portion of
the country for their community did not die down but it surfaced with
the 1972 Sri Lanka Republican Constitution.
The Tamils felt that they were hoodwinked, sidelined by the Sinhala
majority community.
The Constitution of the Democratic and Socialist Republic of Sri
Lanka of 1978 also did not give much room to the aspirations of the Sri
Lanka Tamils and there were other issues some sections of the major
community did not like to see in the Constitution. But with all that the
country moved and the public cry also continued for reforms.
Whether one likes to accept it or not the stark and the naked truth
is that Sri Lanka has become a multi ethnic, multi religious and multi
cultural country. If we accept this proposition then we cannot run away
or ignore from the stark reality.
That is, this country belongs to all and all have to be treated
equally. There are no privileged classes or superior community. No
language is superior to another or a religion favoured by the state
above other religions. The State has to treat all alike.
Having considered all aspects of the issue the PA Government in power
at the time came out with a Constitution which had included most of the
views and proposals submitted by the then Opposition United National
Party but the new Constitution drafted by the PA Government in
consultation with other political parties and despite all efforts could
not see the light of day.
The ethnic issue which needed a political solution has remains with
no solution seen in the near future.
The media carried news in the recent past informing the public that
the Parliamentary Select Committee on Electoral Reforms has met and were
concentrating on the setting up of a new electoral structure taking into
consideration all criticisms levelled against the current constitution.
The Committee was set up to consider how should the electoral map be
drawn and how many should represent the entire country as elected MPs on
district, electoral and national basis.
This is one aspect of the issue. I am of the view that there is
something important and co-relates to that issue. That is who should
represent the people. I wish to draw the attention of the Minister in
Charge of the Constitutional Reform to that aspect which I believe is
very vital at this stage. It is about the selection of candidates at
elections.
We read or hear from time to time that some of the Elected Members
from one political party want to shift their allegiance to the ruling
party and join the Government. Why ?
Some give answers which are ridiculous and ludicrous. They wanted to
cross the floor as they do not wish to sit in the opposition for another
six years. The present may be the last chance they are in Parliament.
They grow old and might find unfit to contest at the next election.
Some give the impression they genuinely want to strengthen the
Government in power to resolve issues in the country. They portray the
picture that they are concerned of the well-being of the country and the
constituency they represent.
But they ignore the fundamental truth that they were elected from a
particular political party. The politicians who say the voters are
supreme and are all powerful never give a thought to that fact.
If the people are supreme and all powerful, then the politicians
should speak out his mind to the constituency and allow the people to
decide. He should make way for the people to take the next course of
action.
In Singapore MPs are not elected not on the basis of what the
aspirants say during election campaigns. They look at the integrity of
the man who seek public support.
It is said that from the time one enters the portals of education
beginning from the kindergarten, the points one has received has its
impact on the person's future and they heavily weigh the man on his past
performances from his school days. If the person has not performed well
and has not got the expected points from everything he has got involved,
he stands no chance.
In Thailand there was an attempt to write into the Constitution a
clause which empowers the public to ask for the resignation of a MP if
he/she is found unfit to hold that position.
If 50 per cent of the voters in a certain constituency have reasons
to believe that the person whom they elected failed to fulfil the
expectations of those who voted him/her have the right to call for
his/her resignation.
I have no information to say whether or not that clause was included
in the Constitution that was amended in the 1990s but it is something
worth considering.
Hence, while the Electoral Reforms are being considered it is of
paramount importance to give thought to the right of the voter as well.
There should be Constitutional provision for the public to ask for
the resignation of any MP, if that MP or the Minister holding power
fails to respect the contract he/she has with his constituency.
If one has problems with the political party through which he/she
entered the House of Parliament he/she should resign forthwith without
crossing the floor as the public have not voted him/her for such selfish
action.
The Constitution should prohibit by law the crossing from one
political party to another while one is an elected member. Political
Parties also should be requested to see that they nominate members of
integrity irrespective of whatever the age group or sex they belong to.
This will give meaning to the adage `the people are supreme'.
People also should be empowered to inquire into the conduct of the
respective Members they elect to represent them. If the people are
supreme and they have all powers, then the MPs remain Servants of the
Masters.
But the reality is that the servants can do anything against the
masters under the cover of Parliamentary privilege and the masters could
do nothing against them until the next election.
This has to be changed if we put the country before anything else.
The Constitutional provision should be there for the people to sack the
MPs if they fail to abide by the contract.
Gamaya is of the belief that Minister D E W Gunasekera will give
serious thought to the aspects annunciated here and do the needful to
draw the attention of the Members of the Select Committee on Electoral
Reform. |