What ails the Sri Lankan polity?

The island nation is in turmoil, but there is more to its misery than a failed economy

The ongoing protests in Sri Lanka, though seem to be due to economic crisis, the underpinning fury is on the constitutional autocracy. At one point, James Jupp called Sri Lanka a “model of Third World Democracy” for adopting parliamentary democracy and universal adult franchise much before its independence in 1948. However, in due course, the Sri Lankan polity went awry.

Unlimited power

The 1978 Constitution, which is presently in vogue, declared Sri Lanka as a ‘Democratic Republic’ with a hybrid mix of Presidential and Parliamentary forms of government on the lines of Fifth Republic France. However, the executive power is exercised by the President, who is the head of the state, the government and the commander-in-chief of the Sri Lankan armed forces.

Elected directly by the people for a term of five years, the president is also vested with wide legislative, judicial, diplomatic, military and ceremonial powers. The 20th Amendment to the Constitution in 2020 further strengthened the office of the President. S/he has the right to attend, address and send messages to Parliament at any time and is entitled to all the privileges, immunities and powers of a Member of Parliament other than the right to vote.

The President can summon, prorogue and dissolve the House and even call for a referendum as per the requirement. As the chief of the executive and head of the cabinet of ministers, s/he appoints the prime minister and all other ministers and presides over all cabinet meetings. S/he has the power to assign or change portfolios of ministries from time-to-time.

Irrespective of dissolution of cabinet of ministers and parliament, the president continues in office unless impeached on the grounds of “intentional violation of the Constitution, treason, bribery, misconduct or corruption involving the abuse of the powers of his office, or any offence under any law, involving moral turpitude.”

S/he is vested with the public seal of the country and represents Sri Lanka in all heads of states meetings at the international level. S/he receives and accredits ambassadors, high commissioners, plenipotentiaries and other diplomatic agents. S/he is the sole authority to declare war and peace. Apart from appointing the chief justice and other judges of the Supreme Court, judicial powers of the president include power to grant pardon, respite, lower or remit the whole or any part of punishment imposed by the judiciary.

The president also appoints chairpersons of five key independent commissions – Election Commission, Public Services Commission, National Police Commission, Finance Commission and Commission to Investigate Allegations of Bribery and Corruption – though with the approval of the Parliamentary Council.

Thus, Sri Lankan presidency is considered as one of the most powerful positions under the present constitution. Echoing this, former president of the island state, J R Jayewardene, reportedly remarked: “The only thing that the Sri Lankan President cannot do under this Constitution is to turn a man into a woman and vice versa”.

No Checks and Balances

The main issue with the present Sri Lankan polity is lack of check and balances to the enormous power wielded by the President. Prime Minister, though considered as the number two in the Executive hierarchy, is reduced “to a peon and the Parliament to a cipher.” S/he should enjoy majority in Parliament. Apart from having a portfolio allotted by the President, Prime Minister steps in if the President is unable to perform her/his duties due to illness or absence from the country. But with the passage of 20th Amendment to the Constitution, Presidential powers have been enhanced making the role of Prime Minister more or less ceremonial. Judiciary is not in a position to assert itself as a guardian of the Constitution.

Weak civil society

Various independent commissions, set up to act as “watch towers”, are helpless. Though Sri Lanka is known for its vibrant civil society, it is not united. Political parties, media, NGOs, and other civil society groups tend not to have a national perspective on issues pertaining to the concerned ethnic community. Even within each community, civil society is divided on the stand to be taken on community issues. The Sri Lankan civil society is also weak due mainly to the state’s unfriendly attitude. Those who are critical are stamped as “anti-national”, “unpatriotic” and “traitors”. As a result, funding for these groups from international agencies have also dried up. Unbridled power is what ails Sri Lankan polity in the present context that requires immediate attention and change.

(The writer is Director, Centre for East Asian Studies, Christ University, Bengaluru. He earlier served at the National Security Council Secretariat, PMO)