Liberal Party proposals for a new Constitution

A President 'equal' to other citizens

Continued from last week

The Liberal Party is aware that there has been much controversy over the issue of the Executive Presidency. Certainly the Party believes that the Presidency as at present bestows far too much power on a single individual. However, the Party also believes that, even under the Soulbury Constitution, and certainly under the 1972 Constitution, far too much power was vested in the office of Prime Minister.

Liberals have always believed that power must be shared and therefore, it is vital in a democratic nation for there to be independent centres of power, for which it is necessary to endow institutions such as Parliament, a second chamber, the judiciary, independent commissions on appointments, etc. with their own distinct authority.

Nevertheless, in the past the Liberal Party has inclined to the view that the Executive Presidency, which enshrined the notion of overwhelming authority in the hands of a single individual, had to be abolished. Thus in 1994, when Gamini Dissanayake asked the Leader of the Liberal Party,Chanaka Amaratunga, to draft a manifesto, Dr. Amaratunga included a provision to abolish the Executive Presidency. Mr Dissanayake however, disagreed and suggested that the manifesto contain alternatives, namely a return to the Westminster system of Parliamentary i.e. Prime Ministerial government or a modified Executive Presidency.

He told Dr. Amaratunga that the people should be given the opportunity to choose between these at a referendum. He added, mischievously, that he would campaign for the Presidency and Dr. Amaratunga could campaign for the Prime Ministerial system, and he had no doubt that what he recommended would be chosen.

Six years later though, we grant that the question needs to be gone over carefully, we are inclined to agree with Mr. Dissanayake. As the current situation at Westminster has shown, Parliamentary government increasingly means the absolute authority of the Prime Minister. Walter Bagehot in the 19th century showed how the power of Parliament had been eroded by the power of the Cabinet. In the 20th century, the Cabinet became obviously the creature of the Prime Minister.

In America, on the contrary, parliament has continued to be 'independent', and provides strong criticism of the Executive because the two remain distinct. Whereas in the Westminster system, the best parliamentarians on the government side hope at any moment to be elevated to ministerial office, those in opposition have to satisfy their leadership. Independent scrutiny, and approval or disapproval of issues, never happen. For that reason we feel, given too the strong inclination of the minorities towards a Presidency, given what parliamentary majorities have perpetrated against them, that perhaps the Executive Presidency should be continued. However, its powers should be reduced and the Constitution must make clear that the President too is a citizen equal to others before the law.

We would accordingly propose that the chapter in the 1978 Constitution on the Executive Presidency be retained, with the following modifications - Provisions in the current Chapter VII 30 (2) The President shall be elected by the people and shall hold office for a fixed term of four years. (The provisions of the current 3rd amendment to be withdrawn)

32. The President shall attend Parliament to present the annual policy address, but shall otherwise attend or address Parliament only on invitation.

33. Appointments by the President to the Cabinet and courts shall be subject to the approval of Parliament.

34. The powers of the President to pardon etc. shall be exercised in consultation with the Chief Justice.

35. (1) Provision to be changed so that the President may be liable for suit for anything done in a private capacity.

37. In the absence of the President, he/she may delegate his/her ceremonial functions to be performed by the Speaker.

38. If the office of President becomes vacant or the President is deemed incapable as under Article 37 / 38, Parliament shall elect a successor from amongst the members of the Cabinet, for the remainder of the President's term.

Chapter VIII

(Some aspects have been discussed already in proposals regarding the Executive)

43. The President shall appoint a Cabinet of Ministers to portfolios as specified. The President shall not undertake any ministerial function, but shall be in overall charge of policy, and shall be the head of and preside over meetings of the Cabinet. He may delegate another member of the Cabinet to preside over meetings in his absence.

44. Cabinet ministers shall not be members of Parliament. Their appointments shall be subject to the approval of Parliament. They shall be required to appear before Parliament, and Committees of Parliament, at specified periods to report on the functioning of their ministries. They shall be required to liaise closely with Committees of Parliament relevant to their functions.

Chapter IX

54. Appointments to senior positions in the Public Service shall be made by the President on the recommendation of an independent Public Service Commission. (Appointments to the Judicial Service shall be made on the recommendation of an independent Judicial Service Commission.) Appointments to such independent Commissions shall be made by a Panel that will include the President and officials of both houses of Parliament.

More to follow

Down memory lane

The Boralugoda 'cub'

By Roshan Peiris

Dinesh Chandra Rupesinghe Gunewardene is the fourth son of the famous politician, Philip Gunewardene, known as the Boralugoda Lion. Philip used to 'roar' be it in Parliament or at meetings, but Dinesh with his soft, persuasive voice is equally forthright.

"I used to play on the verandah of our house round and round my father's chair," he recalls fondly adding that he understood nothing of what Philip spoke with 'trade union' leaders and 'leftist' politicians. Going down memory lane to those days long ago, when politics was not a dirty game Dinesh said: "I am proud that my father was debarred from Parliament and deprived of his civic rights for fighting for the cause of the workers and organising a strike at the Ratmalana bus depot.

"I used to rub some horribly smelling Ayurvedic oil on my father's head, supplied to him by the well-known Veda Mahattaya, Hendrik Silva Hettigoda.

"My father suffered from severe bouts of catarrh. It was sad to see him struggling with attacks of asthma too."

His mother, he says, was the one who maintained strict discipline among the four boys and the younger girl in the family.

Though his father was a fighter and powerful orator, he had been very lenient with the children. "But he did talk impressively to us on politics and bought us interesting and instructive books and magazines to improve our knowledge."

As for food, Dinesh laughs, "I love buth, curry, stringhoppers and hoppers. I looked forward to visiting the Boralugoda paddyfields when there was harvesting, to eat the most appetizing food cooked by the farmers' wives. We also enjoyed playing on the banks of a canal, close by the paddy fields. It was simple fun."

Dinesh, a clever student remembers being taken to Royal Primary by his parents. "Thereafter, father came to school and college only for prize givings to see me carry away prizes. At school, I've been with Ranil Wickremesinghe and Anura Bandaranaike. We never dreamt then of being political figures."

Mrs. H.D. Sugathapala, wife of the Headmaster of Royal Primary made them paint in class and introduced the boys to innovative pastimes. "We also planted thambili trees and when I took my son to school I pointed out the trees I had planted." He got into mischief by disturbing the class, joking and also arguing with the boys.

Today, seeing him in his white national dress talking politely about the past, one finds it difficult to imagine Dinesh as a naughty boy. But he says he was made to stand on a chair and also write 1000 lines of poetry as punishment.

In 1968, Dinesh left for Holland to study Business Management. "It was bitterly cold, yet a beautiful country. The people were friendly too," he adds.

While in Holland, he travelled during vacations to many a European country and studied how people lived and worked. From Holland he went to Oregon University in America for post-graduate studies. "I worked in New York at various establishments. I was treated well and never experienced colour discrimination. New York is one of the greatest cities in the world.

There was the experience of seeing the very rich and the very poor." He also spent time in Greenwich Village the heart of the left-minded writers and avant-garde artists. "I met Professor Scott Nearing, a pioneer of Americas left movement. The impact he made on me is still vivid," he recalls.

While in America, Dinesh heard that his father had died. With unshed tears he says, "I was desperate since I could not travel back as it was expensive and difficult.

"I cried for several days and when my mother kept writing letters asking me to come back, I did so sacrificing my PhD. I wanted to come back and serve my country through the Mahajana Eksath Peramuna (MEP) founded by my father."

What of girlfriends? "As a young man, I had many pretty girls pursuing me. They made up songs about me and sang them at my election meetings.

" I chose to marry Ramani Wathsala Kotelawela, whom I fell in love with. My mother was horrified that I should marry into the die-hard capitalist Kotelawela clan! I met her at some school function where she was helping her nieces."

It is now a long time since this much beloved wife died suddenly of undiagnosed hepatitis.

"She left me with two small children - a boy and a girl. I have had the responsibility of raising them. Today my son is 19 doing Computer Science at the university and my daughter is 18 studying for her A-Levels at Ladies' College.

" I have told them both that after 18 years I am not responsible for them and they as majors must look after their life and future."

Talking of politics he says, "I have been shot at and teargassed for addressing meetings. Once when I raised my hand the police shot at me." He has also been prosecuted for entering estates to organize trade union activity.

"Once I was suspended from Parliament for defying the Speaker, because I thought he was unreasonable in not allowing some of us to speak. He was interfering with our rights as Members of Parliament - a very dangerous precedent to set."

He has never ever carried weapons and never created enemies, no matter what political party or political views they endorsed. According to him, friendship is beyond political barriers,

Dinesh is a practising Buddhist. When his father died he sought out a Buddhist temple in New York and meditated a whole day to console himself.

" I believe in Buddhism and Sansara and the discipline of both mind and body," he says, adding, "I also believe in serving the poor, helping them in whatever way I can and seeking justice for all."

Here is a man with a mission to serve the country.

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