Who will win or
will it end in a draw?
"Who
will win or will it be a draw? Your guess is as good as mine."
The line is remembered from my school days. It was a clever advertiser's
take in a school souvenir, which played on the possible outcome of
the annual big match. It may sound inane now, but the line had a certain
verbal twang and a little magic about it then.
Trite it may
seem, but that's the line that seems to best fit when one wants
to capture the developing political mood in Sri Lanka. The UNF has
some options, and has staked its bets on a peace process that seems
to have acquired a momentum of its own. The PA has the Executive
President who is the fount of power under the 77 Republican constitution.
The people are sovereign, and though they are empowered to decide
who rules only at election time, it is difficult to think that either
of these parties can form a government at any time in defiance of
the prevailing national mood. So, who will win, or will it be a
draw?
A drawn game
it will be if the current status quo prevails and the UNF remains
in power with the current cohabitative arrangement intact and unmolested.
Theoretically, the PA has all the power to disturb that arrangement.
The President and only the President can dissolve parliament, and
theoretically, Ranil Wickremesinghe cannot lead his party to an
election even if he wants to. But the President is compelled to
dissolve parliament, if the Prime Minister requests her to do so
by resolution.
Hypothesize
that parliament is dissolved today. (The President cannot dissolve
parliament until the UNF's year is up, but assume she can do so
for sake of hypothesis.) Hypothesize also that Ranil Wickre-mesinghe
decides to "dissolve'' parliament today. Not that he can do
it in terms of the constitution, but he is constitutionally empowered
to ask the President to do so by way of resolution. The outcome
of any election held thereafter would depend on who exactly calls
for the dissolution of parliament - Ranil or Chandrika. Sri Lankan
voters are heavy on perception. "Perception' is their reading
of who is calling the shots at the time, a given time. If Ranil
is seen to be calling the shots, it will be the UNF that has the
edge, and the reverse will be true if Chandrika is perceived to
be stronger.
Constitutionally
speaking, Ranil Wickremesinghe's options aren't many. He can either
secure the numbers in parliament to change the constitution, or
he can move an impeachment motion that will restrain the President
from dissolving parliament. The President on the other hand can
dissolve parliament at the end of the UNF's year, and call for an
election. Or, she can remove the Prime Minister, and ask someone
else from her own party to form the government.
If the UNF
decides that it's better to play for a "draw' by continuing
the arrangement of cohabitation, Ranil and his government will literally
be at the mercy of the President after the UNF completes an year.
That will be a 'draw' in which the stumps are never drawn. All Ranil
Wickemesinghe can do is to buy time, by moving an impeachment motion
to keep the President from ending the life of this parliament and
calling a poll. This leaves Ranil Wickremesinghe only one really
solid option - unless he can think of any that most people can't
think of which is unlikely. That's the option of calling for an
election NOW.
He can ask
the people for a two-thirds majority, explaining that periodic elections
will be the only outcome if he doesn't get one. He can dangle the
peace process before the masses, say many other things in favour
of his government, none of which will guarantee a two-thirds - but
will with some luck give him sufficient numbers to provide him with
two-thirds with the minorities counted in. This way he will finally
be able to change the constitution, and serve out his term without
having to lose sleep on being kicked out from upstairs by an Executive
President. If he wins without a two thirds majority he will be back
to square one, but he will have an year in which he can do many
things like induce more crossovers. He runs the remote risk of in
fact losing the election - but that's unlikely as his Cabinet will
be the interim government in the run up to the elections, and will
have services of state machinery and state media to boot.
In all of these
prognostications, there is an entity, which any NGO civil society
wallah will call -in that syrupy NGO jargon that says nothing and
everything - 'a stakeholder'. Ugly word, but stakeholder would do
for the moment. The most important stakeholder in all of this, the
people of Sri Lanka who are constitutionally sovereign, will play
some part in deciding their own fates, a small humble part in their
resplendent sovereignty.
Theoretically,
Chandrika Kumarutunga could have at any time dissolved the Ranil
Wickremesinghe Cabinet, without dissolving parliament, and ask her
own brother, or some other PA leader to form a government. But,
she wasn't able to get the parliamentary numbers, and she would
have more importantly, feared the wrath of the sovereign. The voter
wouldn't have liked her if she did that soon after they elected
the UNF into office.
She will have
to consider the feelings of the sovereign, even if she decides to
dissolve parliament in a few months time when she is qualified to
do so. She will have to think not just about the letter but about
the spirit of the constitution.
But, she could
point out that there is nothing wrong with dismantling a UNF government
after one year, if the UNF did the same thing to the PA an year
ago. The only answer to that could be that the PA had, at that time,
already been in power for seven years, even though the new second
term PA administration that fell last year was only one year old.
On the other hand, the UNF government is young by any reckoning.
It could be argued that it is not proper to dismiss the UNF without
giving it half a chance.
Sri Lanka cannot
afford in any sense of the word to go the way of Italy, which had
some 40 governments in 30 years. The Prime Minister can say this
to the electorate, and go for elections now, hoping to reach the
pivotal two thirds with a little help from the minorities. He can
then try to change the constitution in a way that the President
cannot sack his government.
Currently,
UNF may be committing slow hara kiri by seeking accommodation. There
doesn't seem to be a chance that the President will agree to get
rid of her own constitutional prerogative to dissolve parliament
- but that's what the UNF is trying to convince her to do. The UNF
can also induce crossovers, but that's what the party has been pursuing
from the time of last year's election without success.
It doesn't
seem credible, but the truth seems to be that the UNF woke up to
its new government's aching vulnerability far too late. Tyronne
Fernando has said an election will only be a last resort. The UNF
might be compelled to take that last resort, unless Ranil is some
amazing political contortionist - a political Houdini who can find
his way out of any complicated confining trap.
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