ON CHANGING
CONSTITUTIONS
Sri Lankans love
constitutional change with a passion, and so it seems we have
the latest outpouring of calls for change of the constitutional
document, and the President has also now indicated that he is
receptive, with the announcement that there is an intention to
appoint a Parliamentary Select Committee to look into the issue
of a brand new core legislative document, that is a repository
of the people's sovereign aspiration.
It would be remembered that J. R. Jayewardene also changed
the constitution after a rather cursory PSC process in 1978.
There was no constituent assembly for him; he claimed that the
people had voted for a new constitution by granting him a
five-sixths majority, after he had made the promise of
constitutional change a part of his platform in the 1977
election.
But, as one erudite political columnist points out, there is
a tendency to see the presidential system as the fountainhead of
all evil even if this is not so, and this fact is made obvious
by perusing the country's history which indicates that former
Prime Ministers abused the powers of their office with almost
greater tyrannical zeal than the Presidents that were to follow!
This is obvious from any perusal of recent history - Prime
Minister Sirimavo Bandaranaike added two years to her term of
office for no apparent reason, and she presided over a period of
draconian state control in which properties were confiscated and
the right to do business was parceled out to monopolies. It is
strange that people have very short memories with regard to
these times; it's either that, or they pretend that they have
not learnt the lessons of history!
The presidential system of government was introduced with
some purpose, and it is unwise to strip it of all its positive
attributes merely on the strength of the fact that there are
some jackal cries for reform, that are at least in part due to
opposition hysteria stemming from fact that no redemption is
seen in sight for any of the ineffectual political forces within
its ranks.
Some would say that the danger in this constitution is that
it carries with it a risk of some future tyrant in the making
using of its rather ample provisions to perpetuate his or her
rule to convert our democracy into a complete undiluted
dictatorship. But on the other hand, this constitution's
positives which include the considerable attribute of stability
of regimes, and enabling strong leadership, makes the risk of
future dangers worth taking, some would think.
Lee Kwan Yew the former ruler of Singapore, was interviewed
in the latest issue of Time magazine, incidentally, and as an
introduction, the Time writer states that Lee will be remembered
for moulding Singapore in his own severe image, and taking away
civil liberties on matters as trivial as chewing gum -- and as
important as expressing dissent.
But, the point cannot be missed. They are talking about Lee
because he was a man that delivered the goods. He was a
transformative force, that reshaped Singapore's destiny and
brought it from backwater to the status of regional trade hub.
He symbolizes what can be achieved through a correct mix of
resoluteness and a benign form of strongmanship. The
intellectuals may argue that we cannot have a dose of Lee here
in this country, because we have all along been a democracy and
cannot tolerate Lee style totalitarianism, and of course they
are right.
But we can have a healthy bit of Lee within a democratic
framework, and this is what can be achieved through the
presidential system, which was the device by which the framer of
the 1978 constitution J. R. Jayewardene in fact wanted to make
this island another Singapore.
Happily, no matter what is said about constitutional reform,
nobody will want a re-visitation to a period in which anarchic
forces took over, and the land was overrun by rapacious foreign
dominated buccaneers. After decades, Sri Lanka has come into its
own, and nobody in their right mind would want to reverse these
post-war gains.
Constitutional change of course can soften the hard edges,
and the sore points in our constitutional document, and bring in
some reason where it's necessary, but it is hoped that a strong
presidency stays intact at least until this country realizes its
true economic potential. |