CBK
puts ball in UNF court
Once again the country has been plunged
into a crisis following the detection of a document alleged to have
been prepared by the PA to overthrow the government.
This is not
unusual in a democratic setup. A vigilant opposition will always
wait for the opportunity to grab power within the confines of the
constitution while acting responsibly. But whether Sri Lankan political
parties act in this manner is the question.
The UNP in
opposition precipitated a political crisis, which eventually forced
President Chandrika Kumaratunga to dissolve parliament after it
completed one year. And now the PA appears to be going the same
day at a time when the government is burdened with the twin task
of achieving peace and putting the economy back on track.
What the opposition
should take into consideration is the ground situation that prevails.
The public
perception is that the government has successfully entered into
a ceasefire agreement with the LTTE under the supervision of the
international community, and on the economic front, too, it has
taken some steps, which hold promise. In this backdrop, any move
to topple the government through a constitutional coup could be
counterproductive.
Is the PA ready
to take over the government? No, say opposition stalwarts. Another
pertinent question is, 'can the PA handle the delicate ethnic question
the same way the UNP handles it?'
Going by the
pronouncements made by PA top rungers after the so-called 'coup'
disclosure, it appears that the PA is not ready to take over the
burdens that the UNF government is carrying now. The PA thinking
is that the UNP would be compelled to take unpopular measures if
it is to solve the ethnic question and build the economy. So it
wants the UNF to take that risk. If the UNF succeeds, the PA does
not lose. If the UNF fails, then the PA will gain. That the PA is
not ready to take over the government is evident in its reluctance
to face a snap poll.
PA stalwart
Mangala Samaraweera, the alleged author of the coup document, said
that although they were not scared to face elections, they felt
it was not the right time for elections because it would be an additional
burden on the people.
If the PA is
not ready to take over the government and doesn't want an election
right now, what is the objective behind the document? PA Parliamentarian
Sarath Amunugama says they receive various documents from the party
intelligentsia, suggesting ways and means of overthrowing the government
democratically. "This is one such document."
Some analysts
feel that the PA deliberately leaked the document to precipitate
the crisis.
If this is
so, has the PA acted as a responsible opposition?
The PA regime
was routed after its dismal performance. Though it came to office
in 1994 on a platform of peace and good governance, it achieved
neither objective. At the tail end of its seven year rule, there
was economic chaos and corruption with the crime rate soaring. Besides,
it faced allegations of mass-scale polls rigging. In other words,
the PA was thrown out of office with its image tarnished. In the
circumstances, the PA has to show to the country that it is yet
an active opposition party.
Another pertinent
question that arises is whether the UNF handled the situation prudently.
Most analysts feel the UNF over-reacted and played into the PA hands
by giving undue publicity to a questionable document.
If the objective
of the PA is to precipitate a crisis, the manner in which the UNF
reacted added fuel to the fire.
The main grouse
of the PA appears to centre on the dissolution threat held out by
the Prime Minister if the President does not accede to three demands.
One of his demands is aimed at restricting the powers exercised
by the President to dissolve parliament.
The UNP wanted
the President to exercise this power in consultation with the Prime
Minister, especially when a party enjoys a majority in Parliament.
The UNF also wanted the Presidential consent for the conscience
bill and a move to set up an executive committee system.
The PA maintains
that the Prime Minister should have discussed the matter seriously
with the President before giving deadlines. The Prime Minister's
threat came out of the blues, one PA stalwart told this column.
He accused the Premier of not taking steps towards ensuring a healthy
cohabitation with the President. If the Premier is keen on cohabitation
politics, he should have discussed the matter with the President
without creating major media hype.
But reports
indicated that UNP Chairman Malik Samarawickrama had a lengthy discussion
with the President over the matters and the President had agreed
in principle to some of the UNF suggestions.
As far as the
dissolution of parliament is concerned, the PA maintains that the
original power vested in the President is discretionary.
Article 70
of the Constitution deals with dissolution and gives the discretionary
power to the President. However, there are limitations placed in
the Constitution in this regard. The President is unable to dissolve
Parliament within the first year of an election unless otherwise
resolved by Parliament by way of a resolution.
The PA's position
is that if Parliament passes a resolution to this effect the President
need not abide by such resolution since the original power vested
in the President is discretionary.
The Article
70 of the Constitution states as follows:
70. (1) The
President may, from time to time, by Proclamation summon, prorogue
and dissolve parliament: Provided that -
(a) subject
to the provisions of subparagraph (d), when a General Election has
been held consequent upon a dissolution of Parliament by the President,
the President shall not thereafter dissolve Parliament until the
expiration of a period of one year from the date of such General
Election, unless Parliament by resolution requests the President
to dissolve Parliament;
However, some
experts differ from the PA interpretation of Article 70. They believe
that a resolution by parliament over-rides the one-year restriction
placed on the President.
Article 70(1)
states the President shall not dissolve parliament until the expiration
of a period of one year from the date of the General Election unless
parliament by resolution requests the President to do so.
This would
seem to mean the President has no alternative but to dissolve parliament.
Some legal
experts expressed the view that the President should be practical
and act in favour of the decision by Parliament.
The executive
should not attempt to dilute the legislative sovereignty. One cannot
enhance the executive sovereignty at the expense of the legislative
power, one expert said.
PA seniors
allege that the dissolution threat by Prime Minister Wickremesinghe
is merely to encourage some crossovers from the PA to the UNP to
enable him to introduce a series of constitutional amendments. But
they say the move has backfired with UNF backbenchers now trying
to cross over to the PA as they lacked courage to face a snap poll.
Whatever it
is, the country would slip into a further crisis if both the UNF
and the PA do not act prudently and make things workable.
Both these
parties should consider the country's interest before their self-centered
interests.
The coup document
has also exposed a subtle move within the PA to sideline the Opposition
Leader Mahinda Rajapakse. Though he had dismissed the document as
a UNF fabrication, he initially did not have any knowledge of it.
There are also
others in the PA who say the document was a UNF concoction aimed
at diverting the people's attention from a controversial stage in
the ceasefire agreements - the troop withdrawal from public buildings
in the north and east by August 2 deadline.
In another
important development, the President has expressed the view that
the government should take steps to abolish the executive presidency
rather than doing away with certain powers associated with the President.
The President
in other words said that powers of the executive should not be abolished
in a piecemeal basis when it suited the government in power.
The President's
remarks came when she expressed her opinion on the UNF move to abolish
the Special Presidential Commission of Inquiry Act introduced by
the UNP in 1977.
The UNF must
act fast now, when the President herself has agreed in principle
to abolish the Executive Presidency. If the UNF acts prudently at
this stage it could surmount all the obstacles it is facing in the
form of an executive presidency.
In fact, it
was the UNP's stance, too, sometime ago to abolish the executive
presidency though it has not expressed its views on the matter after
it came back to power following the December 5 General Election.
Amidst this
political jigsaw, it is encouraging to note some moves aimed at
a thaw. Presidential advisor and former foreign minister Lakshman
Kadirgamar, is playing the role of a troubleshooter to defuse the
crisis situation.
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