brand logo

Constitution or people, which is supreme?

16 Dec 2018

Screen to Print by Dinouk Colombage After several weeks of much debate, the closely followed Supreme Court case regarding the dissolution of Parliament by the President came to an end on Thursday evening. With the verdict expected at 4 p.m. that day, many of the public took to social media in hope that they would soon learn what the highly anticipated verdict was. A suspense-filled hour followed with social media users anxiously refreshing their web browsers and checking their phones for news alerts. Finally a 4.55 p.m. the seven Supreme Court judges entered the room and proceeded to deliver their judgement. In what will no doubt go down in Sri Lanka’s modern history, a unanimous decision was announced labelling the dissolution of Parliament by the President as unconstitutional and illegal. Celebrations erupted both spontaneously online and out on the streets as the public rejoiced to the news. Messages were immediately posted on social media by politicians from both sides. Members of the UNF posted video messages congratulating the judiciary and expressing their relief that the Constitution had been upheld. From the other side, Hambantota District MP Namal Rajapaksa posted a message stating that “we respect the decision of #lka’s court, despite the fact that we have reservations regarding its interpretation.” The divide between the two political camps spilled over from its elected representatives to their activists. While one side claimed victory through the verdict, the SLPP members continued to push the idea that the public had been robbed of an election. Members of the SLPP promoted the line that the petitioners in the case had gone to court and prevented an election. According to those who were advocating for an election, the decision to go to court and halt the dissolution was a stifling of the public’s freedom to exercise their franchise. However, those who supported the case have argued that for an election to be an effective tool of democracy, they must be carried out in a legal manner. The so-called demand for elections originated from the constitutional crisis that arose on 26 October when the President unconstitutionally removed Prime Minister Ranil Wickremesinghe from office. With no apparent resolution in sight, the President decided to dissolve Parliament and call fresh elections in what the Supreme Court has now declared as being an unconstitutional and illegal act. The weeks leading up to the verdict saw much discussion and public debate over this issue. Supporters of the President’s actions have argued that the citizens of Sri Lanka reign supreme and that an election was the only democratic means of ending the crisis. The Constitution Sri Lanka is a democracy governed by a Constitution. The people are represented in government by elected representatives and the actions of these representatives (and the people by extension) and beholden to the Constitution of the country. The people are sovereign while the Constitution is supreme. On Thursday, Sri Lanka’s Constitution, which has undergone much change, was upheld by the courts. Around the world, countries hold a special place in their system for the constitution bestowed upon them. In the United States of America, their constitution dates back to 1788 and is considered a sacred document by which the democracy of their country is enshrined. Sri Lanka’s current Constitution is not as old, dating back to only 1978, and has undergone as many as 19 amendments. Not all these amendments strengthened democracy. In fact, the infamous 18th Amendment is considered to have weakened democracy, with some going as far as describing it as paving the way for a “constitutional dictator”. The recent introduction of the 19th Amendment is considered to have removed this concern, and ironically is now the target of much opposition by supporters of the President and his actions. Elections = democracy? While, on the surface, it may seem as though a general election would have been the most democratic manner in which the situation could be resolved, the public need to look to other countries going through crises to decide if it is indeed the most feasible option. In the United Kingdom, the government and parliament are embroiled in a struggle to go ahead with the highly debated Brexit plan. While the UK’s exit from the European Union was decided at a referendum, it has since then caused much turmoil within the political spectrum. On Wednesday, the UK Prime Minister, Theresa May, survived a No-confidence Motion triggered within her party. Since then, she was forced to return to Brussels and attempt to further negotiate on the Brexit plan. Less than a year and a half ago, in June, 2017, a snap election was called by Theresa May, having secured the required two-thirds support from parliament, with the aim of stabilising the political front before proceeding with the Brexit negotiations. However, the ensuing result only worsened the situation as a hung Parliament was voted in by the public. With a weakened government in office, the UK is now facing the very real prospect of leaving the EU without any concessions they had previously hoped to secure. The UK, similar to Sri Lanka, is a representative democracy. This means that the elected representatives are tasked with governing the country on behalf of the citizens. The decision by May to call an early election was criticised by many in the UK as an attempt to shift the responsibility from the Parliament back to the public. In Sri Lanka, we are now facing a similar situation. Of the 225 lawmakers elected to Parliament by the people of the country, only 123 are choosing to attend sittings. The remaining 102 have chosen to boycott proceedings citing various political issues. In the case of Sri Lanka’s political crisis, the situation was provided with a simple solution. The appointment of a Prime Minister was opposed by Parliament; successfully overturned through two No-confidence Motions a new Prime Minister was elected through a Confidence Motion last Wednesday (12). Despite these measure taken, opponents of the UNF and their allies have chosen to ignore the majority vote in Parliament. Instead, they have taken to demanding an election and supporting the illegal dissolution of Parliament; all the while, hiding behind the idea that an election is the most democratic resolution. These elected representatives have chosen to forgo the duties bestowed upon them by the public; instead, they have looked to shift it back to the public. As was demonstrated by the snap election held in 2017 in the UK, elected representatives handing backing their responsibilities to the public is not always the answer. Elections are indeed a democratic measure, but in the case of Sri Lanka’s crisis, the question that needs asking is whether or not it would solve the issue at hand. The President has demonstrated that he is unwilling to listen to the majority vote in Parliament, so there is no guarantee that he will abide by the wishes of a new Parliament. The MPs agitating for an election are doing so after having discarded the democratic duties entrusted to them by the public. If the President and the UPFA MPs are still determined to hold an election, as suggested by Namal Rajapaksa, then in less than a month the President can legally call a snap Presidential election. With Maithripala Sirisena having clearly demonstrated that the issue behind the crisis is his inability to work with his former Prime Minister, perhaps a change at the top is required.  

Kapruka

Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!

Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!


More News..