Ceylon Today Editorial

PRODUCE THE CONSTITUTION AS A COMPLeTE DOCUMENT!

29 November 2016

 

The new Constitution that was promised by the United National Front for Good Governance when coming to power, earlier last year is still yet to be produced as a complete document. However, regardless of its lack of appearance, like the omnipresent devil that seduces into committing our daily quota of sins, has already reared its ugly head and scared several sections of our country.

During the latter part of last week, several members of the Sri Lanka Freedom Party (SLFP) visited the Sri Dalada Maligawa in Kandy in order to obtain blessings and also met the Chief Prelates of the Malwatte and Asgiriya Chapters who had advised the present SLFP members to be done with the new Constitution immediately.

We share the same sentiments with our religious leaders as we believe that the longer it takes, the more the paranoia and fear towards the new Constitution also rises. As mentioned before, the Constitution has already gained a bad reputation due to several misplaced comments which were given unsavoury and unnecessary attention by the media.

Major changes to the Constitution of Sri Lanka are still in the pipeline, with the government encouraging citizens to submit their own suggestions for constitutional amendments that seek to, among other things, abolish the Executive Presidency, change the electoral system, and bring about meaningful and lasting reconciliation.

The Constitution of Sri Lanka has seen numerous amendments throughout the years, the latest and most important of which was the 19th Amendment. This Amendment, that was passed following Common Candidate Maithripala Sirisena taking the control of the nation's power seat, sought to dilute some powers of the much maligned Executive Presidency and establish a Constitutional Council that could set up the long overdue Independent Commissions.

Adopting a new Constitution will requires a two-thirds majority in Parliament followed by an islandwide Referendum as well. The abolition of the Executive Presidency is one of the major priorities in the new Constitution – something that every President since Chandrika Bandaranaike Kumaratunga promised but failed to deliver, for various reasons (some valid - like the impending war- and some not so much).

Another contentious issue that is expected to be taken up is the country's electoral process: Sri Lanka currently uses a proportional representation system where each contesting party is allocated a number of seats from the quota for each district.

This quota is calculated according to the proportion of the total vote that party obtains in the said district. A mixed electoral system that combines proportional representation and first-past-the-post voting has been in the national discourse for some time now and will likely be adopted going forward.

Although the details are unclear at present, one of the more crucial changes will be one that seeks to establish a pluralist Sri Lankan identity that will hopefully provide a lasting solution to the ethnic issue.

Regardless of the government's attempt to stop all speculations surfacing in order to barricade and hinder the process. One such speculation is that the new Constitution would recognize the country as a secular country – where the religion and the State become separate.

This proposal which was made by two individuals of the public, as reported later, became the butt of speculation and eventually the battle cry for hate mongers who claimed that the current government has finally started showing their true colours by endangering the Sinhala Buddhist sovereignty which was given full priority by the nation's governing body since the dawn of time.

The hate went out and spread to the ignoramus racists who prefer to be recognized as nationalists and eventually the rest of the populace of the country. What started out as a mere public proposal – the mole hill – in the end became a mountain due to the unnecessary speculation.

Yet, this is not the one and only tattle tale that has spread suspicions with regard to the new Constitution. There are so many others. The only way to stop all this drama is to finally take some quick steps in drafting the Constitution.

It may be easier said than done, we know. But once the draft becomes available in the public domain, it will be easier to refute all baseless and false allegations against it. It will be the ultimate sucker punch to the naysayers. This is why it is necessary and essential at the same time.