Alleged plot to derail presidential contest

Tuesday 13th February, 2024

Speculation is rampant in political circles that the SLPP-UNP government is planning to put off the presidential election on the pretext of amending the Constitution to scrap the executive presidency. SJB and Opposition leader Sajith Premadasa has said he sees a government hand in the ongoing campaign against the executive presidency.

Neither the government nor the Opposition can be expected to tell us the truth, which they are notorious for stretching to serve self-interest. However, the SLPP-UNP regime has demonstrated that it is ready to go to any extent to avoid elections. Last year, it shamelessly starved the Election Commission of funds for the local government elections, which had to be put off indefinitely, as a result. However, presidential polls are different from other elections.

There is no constitutional provision for postponing a presidential election, and the government is without a two-thirds majority to amend the Constitution. Some legal experts have argued that such a constitutional amendment will require approval by the people at a national referendum besides ratification by Parliament with a special majority if it is to become law. But if the despicable manner in which the Online Safety Bill was rushed through Parliament last month is anything to go by, the incumbent government is no respecter of judicial decisions, especially in respect of Bills it moves to compass its political ends.

Opinion is divided on the executive presidency. Its critics consider it a wellspring of evil, which has to be done away with to save democracy. Its proponents however argue that the country needs a strong leader to safeguard national security and territorial integrity. But the ordinary people have other issues to contend with.

Nobody takes politicians’ pledges to scrap the executive presidency seriously, for those who vow to abolish it during presidential election campaigns renege on their promises after securing it and savouring immense power vested therein.

President J. R. Jayewardene had no politics left in him when he completed his second term, and therefore he did not want to change the Constitution to remove the presidential term limit or abolish the executive presidency with a view to clinging on to power. President Ranasinghe Premadasa was assassinated before he completed his first term. President Chandrika Bandaranaike Kumaratunga, during her second term, sought to change the Constitution, abolish the executive presidency and continue to be in power as the Executive Prime Minister. Her plan came a cropper. Having introduced the 18th Amendment, which did away with the two-term limit, President Mahinda Rajapaksa, after his re-election in 2010, dreamt of winning a third term. He therefore did not try to abolish the executive presidency. Maithripala Sirisena, who pledged to abolish the executive presidency during his presidential election campaign did not honour his promise after his victory in 2015. He has again pledged his support for the abolition of the executive presidency! Why didn’t he initiate action to do so while he was the President?

The current Constitution is seriously flawed. Despite the overconcentration of power in the executive presidency at the expense of the other branches of government, the President becomes a mere figurehead to all intents and purposes when he or she loses control over Parliament. The Prime Minister becomes more powerful than the President in such a situation, and the government becomes dysfunctional with the President and the Prime Minister being at loggerheads. Worse, the Constitution allows a defeated candidate or even a person who has never contested any election to become a National List MP and go on to secure the executive presidency in case of the elected President ceasing to hold office. There are several other constitutional flaws which are detrimental to democracy, and they need to be rectified, but an attempt to amend the Constitution must not stand in the way of elections.