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The CC conundrum

17 Feb 2019

A common problem that affects almost all our politicians is that they don’t know or rather don’t want to know, when to go. One cannot blame them as the gravy train is so good when in “power” that only a fool would want to let go. Our political system has evolved from when politicians used to be genuine “servants of the people” to one where people have to not only toil and pay for their lavish upkeep but also serve and venerate them. It has become the ultimate retirement plan for ageing, senile politicians who have seen better days. These days, the hounds of the previous regime are out in full force and one cannot help but get the feeling that a movement is underway to pave the way for a twice elected former president, who is constitutionally barred from seeking a third term, to make a comeback. In order to do this, the law must be amended first, which is what the ruckus is all about these days. Member of Parliament Wijeyadasa Rajapakshe PC, who in recent times has not hesitated to change sides as and when it suited him, is the lead activist in the crusade against the Constitutional Council (CC) which is now being portrayed as the devil incarnate, root cause of all problems in the country, and reason for the breakdown of the state sector. Criticise, condemn, and destroy – it’s an all too familiar pattern. Ironically, Rajapakshe was Prime Minister Ranil Wickremesinghe’s nominee to the CC when it was set up under the 19th Amendment in fulfilment of the single-most important promise of the Maithri-Ranil Yahapalana project of 2015. Rajapakshe was quite a fan of the project back then and wholeheartedly endorsed the decisions made by the CC during the period he served as the PM’s nominee. In fact, the only instance where a vote was taken during that time was to decide on the nomination of Pujith Jayasundera as Inspector General of Police (IGP) while all other decisions were by unanimous consensus. It is therefore intriguing as to how this great fan of the CC has suddenly become its chief critic. The answer probably lies in the fact that the 19th Amendment is now the sole obstacle standing in the way of Opposition Leader Mahinda Rajapaksa’s return to the top job. Whatever the critics might say, the current CC has done a commendable job in restoring the integrity and independence of the judiciary, which was in shambles not so long ago when even the Chief Justice of the country was known to be a regular visitor at Temple Trees. Not just that, the Police Department is now making unprecedented progress in its war on drugs thanks to the non-involvement of politicians, which has been the bane of law enforcement in the past. The establishment of the CC and the other independent councils that function under it has effectively taken out the power of politicians in matters of governance, and this is exactly what the masses, or the 6.2 million voters to be precise, demanded in 2015. The 11 independent councils that function under the aegis of the CC, namely the Elections Commission, Public Service Commission, National Police Commission, Audit Service Commission, Human Rights Commission, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, National Procurement Commission, University Grants Commission, and the Official Languages Commission have all done a comparatively reasonable job. Therefore, any moves to remove the CC from the current setup will be akin to throwing the baby out with the bath water. Today’s politics is such that the means no longer matter so long as the end is achieved. One must not forget what necessitated the creation of the CC in the first place, while the past three years have shown that it has to a large extent served its primary purpose of taking away the dictatorial powers vested in the executive. This is what the country was crying out for and offers some consolation even if the post itself has not been abolished. After all, not many will grudge a president with nominal power. The fact of the matter is that even Mahinda Rajapaksa, who is now castigating the CC, is by virtue of the office he holds as Opposition Leader, an ex-officio member of the Council. He has every right to sit at the CC and express his opinion on matters that come before it. He should contribute to this democratic process rather than demand its dismantling and a consequential return to arbitrary rule which will drag the country back to square one. One could recall that the CC was first introduced through the 17th Amendment by the UNF Government in 2001 as a check on President Chandrika Kumaratunga’s executive powers. Once President Mahinda Rajapaksa assumed office in 2005 the Council was effectively crippled and only replaced in 2010 by a rubber stamp Parliamentary Council in response to immense local and international pressure. The current composition of the CC consists of 10 members of whom three are ex-officio members while the rest are appointed. As per Article 41of the 19th Amendment, the 10 members comprise of the Prime Minister, Speaker of Parliament, Leader of the Opposition, one nominee of the President, five persons appointed by the President on the nomination of both the Prime Minister and Leader of the Opposition, and one person nominated by agreement of the majority of the Members of Parliament belonging to political parties or independent groups other than the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belong and appointed by the President. On all counts so far, the CC has made genuine progress on democratising the governance process. All the key actors now have a say in matters of governance. The past three years have proven that with a little bit of tweaking, it can be the success it was envisaged to be in the greater interest of the nation.

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