The constitution is the supreme law of any country. The constitution making process, if handled properly, can bring not only political stability to a country, it could even bring economic prosperity and peace and harmony among the people of the country. It can either make the country a more stable and prosperous nation or totally break it.
(1) Amendments to 1978 Constitution – 19A:
Unfortunately, the 19th Amendment (19A) has brought the country to further divisions and it lacks clarity. The people were so confused on the Constitutional provisions, some of which are contradictory in nature and there are many inconsistencies. As we all know, there were many changes and amendments brought in during the Committee Stage before it was passed, and finally the Speaker certified the 19th Amendment to the Constitution on May 15, 2015.
(2) Executive Presidency
It was pointed out as early as in 1978 that the sovereign executive power of the people was vested in the legislature only in less developed countries. The rationale of the Executive Presidential system is best explained at the debate held in October 1977 by J.R Jayewardene himself. “I am not against the parliamentary system on the British model, but I think that we have been too long tied to imperialism and that it is time we broke away and thought of our own methods of governance.…Take the question of the elected President. Do you want such a President or not and an elected Executive President? We feel very strongly that the Executive should be elected by the people and not selected by Parliament.”
Even Dicey, an eminent constitution expert, was compelled to draw a distinction between legal sovereignty and the political sovereignty in the British Constitution. According to Sir Ivor Jennings, First Vice-Chancellor, University of Ceylon, both Dicey and Prof. Harold Laski asserted that if sovereignty is supreme power, Parliament is not sovereign. They pointed out that no parliament would dare to disfranchise the Roman Catholic or to prohibit the existence of trade unions.
J.R Jayewardene became the first Executive President and enacted the ‘Constitution of the Democratic Socialist Republic of Sri Lanka’ which was certified on August 31, 1978. Under the 1978 Constitution, the sovereignty of the people was further strengthened.
Article 4 states that legislative power of the people shall be exercised by Parliament and by the people at a referendum; executive power including the defence of Sri Lanka by the President and the judicial power by Parliament through the courts, thus strengthening the doctrine of the ‘separation of powers’.
(3) Doctrine of separation of powers:
Article 4 states that legislative power of the people shall be exercised by Parliament and by the people at a referendum; executive power including the defence of Sri Lanka by the President and the judicial power by the parliament through the courts, thus strengthening the doctrine of ‘Separation of Powers’.
The framers of the constitutions, when designing constitutions, generally give comprehensive consideration to strengthen the principles of ‘separation of powers’ and ensure issues of public policy and social welfare of the people.
As in other democratic countries, the separation of powers is also affected by the realities of the Party State. The members of government are, as a rule, members of those parties which have a majority in Parliament.
As a result, one important democratic task is more and more powers are taken over by the opposition parties: controlling the government. The classical separation of powers is given a new dimension – the confrontation of the governing majority and the opposition. While this aspect is not enshrined in the written constitution, it is a fact of political reality.
(4) Promote economic growth, social well-being and national unity:
Professor A.J. Wilson, a key architect of JRJ’s constitution has observed that the 1978 Constitution is a hybrid, cross between French and British styles of government with a little bit of the United States thrown in. More importantly, it is an effort in the direction of development of a depoliticized government, the prime purpose being to promote economic growth and national unity. One can argue that the present Executive Presidential system especially after 19A may better serve the country to improve the economic and social welfare of the people of Sri Lanka, irrespective of their caste, religion or ethnicity.
As stated above, Sri Lanka is a democratic socialist republic and the leaders of the government preach that they continue to practise social–market economy. Under Article 27 of the Constitution, the state is pledged to establish in Sri Lanka a democratic socialist society and shall ensure that the economic system in operation does not result in the concentration of wealth and the means of production to the common detriment.
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