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by DR. LAKSIRI FERNANDO, University of Colombo

The coming general election on the 5th of December undoubtedly is decisive in deciding the future of the country. What is before us is a choice between stability and chaos. It is not merely a choice between the PA and the UNP. At no election in the past since 1947 the country has been on this type of razors edge.

At the 1952 election after a rule of five years of the UNP since 1947 it was clear that the UNP would again win. Because there was no clear consolidated opposition. At the 1956 election again it was equally clear that the MEP would win or the UNP would lose. Because the mis-rule of the UNP was so clear and the wind was blowing towards the new forces of Sanga-Veda-Guru-Govi-Kamkaru. It is true that both elections of 1960, in March and July, were unclear and blurred, and more so in the first one in March having plethora of parties contesting after the assassination of S W R D Bandaranaike in 1959.

Clear-cut election

However, the elections of 1965, 1970 and 1977 were clear-cut elections. The people of this country in a very mature way had the choice of deciding one party against other and installing governments of their free will and free choice. As the Universal Declaration of Human Rights announced in 1948, explaining the important political rights of human beings, "the will of the people shall be the basis of the authority of government". This principle was possible before 1977 since all the elections were held under constitutions that were drafted respecting and incorporating democratic principles of not only fair representation but also stable government.

Unfortunately, this has not been exactly the case after the inauguration of the present constitution. What we have in this country is somewhat a distorted form of representation, a bifurcation of people's will between the Presidency as the executive institution and Parliament as the legislative institution. Of course similar systems exist in the USA and France, but those are highly developed countries. The drafter of the constitution, J. R. Jayewardene, always maintained that what is important is the Presidency and not Parliament. No Parliamentary election even was held in 1982! The one that was held under Premadasa tutelage in 1988 was completely a manipulated one through Violence and intimidation. This is not a criticism, but a hard fact established through impartial reports and official record.

Electoral system

The present electoral system hardly allows a stable parliament because of its disparate representative nature. With so much of opposition to the UNP rule in 1994, the PA received only one member majority at the parliamentary election in August that year. What brought stability to the system and to the country was the election of the President thereafter in December. While the system of government, under the present constitution, is a combination of the President and a Cabinet of Ministers based on Parliament, only the President elected through popular will could bring stability. There is no doubt that it would have been a blessing to the country if this constitution were changed. However, the UNP did not allow this to happen in August 2000. In my concerned opinion, it was pure and simple sabotage.

What led to the present election was similar to what happened in August 2000, pure and simple sabotage added with conspiracy. Otherwise it is hard to believe that the "conscience" of 12 MPs changed completely 180 degrees within simply one year's time. Parliament that was dissolved in October, after the cross over, was elected only one year before. This was also after electing a President by popular vote in December 1999. What became revealed again is the terrible bifurcation of the popular will between a Presidency and a Parliament, under the constitution.

Illusions

There are those who argue that a change of government is necessary for so-called managerial or whatever purposes and this can be achieved at the next election. This is unfortunately an illusion under the present constitution. A government under the present constitution is a combination of the President and a Cabinet of Ministers selected from Parliament. It may be reasonably argued that the Cabinet of Ministers should be selected from the party or the coalition of parties that wins a majority in Parliament. Therefore, if by chance the UNP wins at the next elections there is a risk of Cabinet of Ministers selected from the UNP while its head and the executive President being from the PA. This means a constitutional crisis, instability and chaos.

Under the present constitution there is no way of depriving the President of her powers or the status through legal or constitutional means except through an impeachment. An impeachment is something hard to achieve like changing the constitution itself under the circumstances. Anyone who argues that the President should step down in case of a UNP victory is either a dreamer or a constitutional crook. That is why some turncoats frantically visualize that the President would run away in nude in the event of a UNP victory. But that is not going to happen. That is against the will of the people who elected the President for a full term of office until 2005. The logic of the constitution is such the only stable institution in the country at present is the Presidency. That is not a very healthy thing for democracy after all. But unfortunately that has to be accepted as the constitutional status of this country. There is no other way if the UNP does not cooperate in changing the constitution in an agreeable manner.

Constitution

However, any attempt to overthrow the President would amount to sedition, conspiracy and uprising. It is unconstitutional and undemocratic to the hilt. What some UNPers are trying to invoke is the so-called DB Wijetunga tradition. But Wijetunga was not an elected president. He was only a makeshift man.There was no great tradition that he ever established. Traditions are fine when they exist. But when the President Kumaratunga was elected in 1994 and in 1999 it was under the present constitution with full powers and all that. To change that, the country needs to change the constitution.

What some other sections of the UNP seem to be visualizing is the return to the dark ages of their pre 1994 rule. I was one who had to leave this country during the UNP regime because of the oppressive and violent conditions. Many others and I have every reason to fear for our fundamental rights if the UNP comes into power.

Narrow

The choices at the next election seem to be very very narrow. This country has been condemned to chaos and instability under the present constitution, a clear legacy of the UNP. Building a stable government under the UNP is not simply possible under the present circumstances, constitution and the governmental structures. While people have complete freedom to elect any party of their choice, any rational choice would remind us not to return the UNP into Parliament at least at this stage of politics.

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