Monday 20th May, 2024

The JVP-led NPP has fully endorsed its National Executive Committee member, K. D. Lalkantha’s controversial pledge that it would empower the people to exercise judicial powers at the village level if it formed the next government. Lalkantha created quite a stir by making that pledge, which he reiterated the other day at a public event. Given the JVP’s violent past, it is only natural that its critics have warned of a possible re-emergence of kangaroo trials in the event of the JVP-led NPP capturing state power. The JVP acted as the prosecutor, the judge, the jury and the executioner during its second uprising (1987-89). NPP leaders have sought to allay fears in the public mind, but it is doubtful whether they have succeeded in their endeavour.

According to Article 4 of the Constitution, it is the judicial powers of the people that ‘Parliament exercises through courts, tribunals … except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law’. But it is not possible to enable the people to exercise their judicial powers themselves. Even India’s Panchayats are without judicial powers; the Indian Supreme Court held in August 2010 that the rulings of Panchayats were devoid of legal sanctity. So, it will be interesting to see how the JVP/NPP is planning to ensure the exercise by the people of their judicial powers in villages.

Lalkantha insisted that under no circumstances would the JVPers arrogate to themselves the judicial powers in villages in the event of the JVP/NPP winning the upcoming election. But those who experienced the JVP’s reign of terror will not take such assurances seriously. He that hath an ill name is said to be half hanged.

Politicians who have torn into the JVP/NPP over the aforesaid pledge are no paragons of virtue. They themselves have a history of taking the law into their own hands and physically eliminating their rivals and even media personnel for being critical of them. All political parties that have been in power since 1970 have carried out extrajudicial executions with the help of their goons, and the rogue elements in the armed forces and the police. Others have defended those regimes or non-state actors responsible for terrorism. Perhaps, the UNP destroyed more lives than the JVP did in the late 1980s. The SLFP and the coalitions led by it, such as the People’s Alliance and the United People’s Freedom Alliance, also unleashed violence to suppress democratic dissent and retain their hold on power. Most of those who resorted to violence to achieve their political ends during the UPFA rule are currently in the SLPP.

One can only hope that the JVP/NPP will care to reveal how it proposes to enable the people to exercise judicial powers themselves. That is the only way it can help the people see what its plan is and draw their own conclusions. Some lawyers supportive of the NPP recently sought to discount growing criticism of its move to ‘grant judicial powers to villagers’. They only made some political statements, and their arguments did not leave one any the wiser. Nobody buys into arguments peddled by lawyers, especially those who work for political parties or are politicians themselves. They even defend the likes of ‘Harak Kata’, don’t they?

Lalkantha has also said that the JVP/NPP is planning to introduce recall elections in case of being voted into power so that it will be possible for the people to remove their MPs between elections. The UK has a recall procedure, which was introduced following the MPs’ expenses scandal (2010). If a recall mechanism were in place here, there would be no need for the people to ask all 225 MPs to go home; it would be possible to take action against only the rogues in the garb of MPs. There are some good men and women in the current Parliament. But recall elections cannot be held under the Proportional Representation (PR) system, which does not provide for by-elections. There’s the rub. How does the JVP/NPP propose to overcome this hurdle?

Changing the PR system is a complicated task that requires at least a special majority in Parliament. Most of all, will the JVP ever want to change the PR system, which has stood it as well as other smaller parties in good stead? In politics, talking the talk is one thing, but it’s quite another to walk the walk.