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Constitutional crisis: Sanity must prevail
As events unfolded in Parliament last week the political crisis that resulted from the fateful gazette issued by President Maitripala Sirisena on October 26, reached a climax, with Parliament being continuously disrupted and the Legislature unable to carry on with its business, as usual.
The incidents that took place in the August Assembly during Wednesday, Thursday and Friday were only an aggravation of what has happened during the tenure of the present Parliament, ever since it began functioning in September 2015. Instead of the robust debate and discussion that characterised our Parliament in the past, the current Parliament has often seen some members resort to brawn rather than brain, during its sittings.
Parliamentarians have, at the drop of a hat, entered the well of Parliament, whenever things did not go their way, and disrupt proceedings, rather than present arguments from their respective alloted seats. Once a group of them even spent the night in the well of Parliament, in an expression of dissent, without having regard to the sanctity of the Institution. What happened in Parliament last week was only a continuation of that strategy and only the courage of Speaker Karu Jayasuriya prevented Parliament from coming to a complete standstill.
The Parliamentarians who laid siege to the Speaker’s chair, preventing him from beginning proceedings, were ostensibly protesting at the actions of two Parliamentarians belonging to the UNP, alleging they had brought knives into the Assembly the previous day. If indeed this had happened, it was a serious situation and necessary action should be taken, but the proper procedure needed to be followed.
Complaints had to be made and investigations conducted. If the protesting MPs were not satisfied with the actions taken they could indeed have staged a protest, but not within the Parliamentary Chamber, but at some other suitable place like outside the Parliamentary Complex, or by the roadside.
What if the UNP Parliamentarians followed the example of their colleagues and started protesting within the Parliamentary chamber, against the actions of the MPs who threw chairs, books and other missiles at the Speaker and the Police. This would render the conduct of Parliamentary business totally impossible.
With the country in general and the economy in particular taking a beating, it is imperative that sanity must prevail and the political impasse resolved expeditiously, to prevent a bad situation from becoming worse. However, there are encouraging signs that the gravity of the situation is slowly beginning to sink in, with voices being raised from various quarters.
President Maithripala Sirisena himself seems to have realised the dangers, when he tweeted in the midst of the mayhem in Parliament that he would under no circumstances prorogue Parliament, and further called upon Members of Parliament to uphold democratic principles and Parliamentary traditions at all times. One does not have to stretch one’s imagination to know who would have been pushing for a prorogation.
The fact that the President tweeted these messages, even while the chaotic situation prevailed in Parliament, was a clear indication of his displeasure over how things were proceeding in Parliament.
The other call for a resolution of the conflict speedily came from the Mahanayake of the Malwatte Chapter, the Ven. Thibbotuwawe Sri Sumanagala Thera, who urged the President to find a solution to the current political crisis and instability in the country. In his letter to the President, the Ven. Malwatte Mahanayake is reported to have urged the President and Parliament to come up with solutions that were both Constitutional and ethical.
“Immediate measures need to be taken to prevent further collapse of the country,” he said. The Prelate also pointed out that the good name of the country had been tarnished, following the deterioration of the political, economic and social status of the country, resulting in the country being on the verge of plunging into anarchy, he said in his letter.
The Malwatte Mahanayake also pointed out that the President, in his capacity as the first citizen of the country, could see the damage being caused to the country, and it was his foremost duty to give serious thought to the issue and come up with proper solutions. The Ven. Monk also pointed out that, at a time when the country was embroiled in a crisis situation, the President was bound to give priority to the Parliamentary customs and traditions and the Constitution of the country.
So how does one get out of the present crisis? Let’s examine a few of the possible options.
It is very clear that the solution to the current crisis can be found in the answer to one question– who commands the confidence of Parliament? It should be crystal clear to every Parliamentarian, if not to the public, that it is Ranil Wickremesinghe who commands the confidence of Parliament with at least 122 expressing lack of confidence in Mahinda Rajapaksa. If current indications are anything to go by, the number against Mahinda Rajapaksa is likely to increase even beyond 130 in the days to come, if a proper head count is taken in Parliament.
In the circumstances, it would be best for the President to restore the status quo by appointing Ranil Wickremesinghe as the Prime Minister. He could easily justify it on the basis that he had made an error of judgement and was correcting it, once he realised that he had taken a wrong decision. There is nothing wrong in following such a course of action, because it is a measure of the stature of an individual to admit he was wrong, once realisation dawns on him.
But if President Maithripala Sirisena wants to be doubly sure, he can come to Parliament and occupy the seat he is entitled to. He can then observe the results of a floor test taken to determine who commands the confidence in Parliament, and then act accordingly to appoint the Prime Minster.
Hopefully, his presence in Parliament will allow the Speaker to conduct proceedings without disruption and act as a deterrent to any MP who may want to misbehave and prevent Parliament from functioning. It may be unusual for the President to attend such a proceeding, but desperate situations need desperate remedies. The President’s attendance at such a sitting of Parliament will not contravene the Constitution and will serve the National Interest by resolving the deadlock quickly.
Another way out of the impasse would be for Mahinda Rajapaksa to graciously step down by conceding that he does not command the confidence of Parliament and that, he too, had made an error of judgement in accepting the post of Prime Minister. His image in the eyes of the public, which has taken a beating after the events of October 26, will be greatly enhanced if he does so.
As Parliamentarian Kumar Welgama, one of Mahinda Rajapaksa’s loyal supporters lamented on Friday, there was no need for his party to forcibly occupy the seats of the Government, when they did not have the 113 seats necessary to form a Government. He decried the fact that some of his colleagues did not heed the advice of seniors to exercise the vote when the vote of ‘No Confidence’ was moved, but instead sought to disrupt Parliament.
Mahinda Rajapaksa would do well to listen to the advice of Welgama, one of his party’s most senior Parliamentarians, in the interest of the country, if not his party.
(javidyusuf@gmail.com)