Chanaka Bandarage

The debate on abolishing the Executive Presidency  has come to light again. This is good.

True we have a new President, elected by the majority vote. But this does not negate the long felt need of abolishing the Executive Presidency.

Since 1978, incompetent, fraudulent, sometimes violent, visionless Presidents have come and gone. They used the excessive power available to them to the maximum and destroyed this country. This could be repeated.

We must leave a good, safe country for our future generations. For that the Executive Presidency must go. The NPP government must facilitate this.

Creation of the Executive Presidency is the worst thing that happened to Sri Lanka. In the last 45 years the Executive Presidency has been directly responsible for most of the  country’s ills.

Look at the arrogant statements of the past Executive Presidents:

• The only thing the President cannot do is to make a woman a man and a man a woman
• The President’s word is the Circular.

They reflect the unlimited power that the Executive President has.  

The possession of massive power by one person is not suitable for a country like Sri Lanka, where most of the citizens do not love their country, do not care as to what happens to the country and are full of selfishness, greediness (for money/material benefits) and unfriendly to each other.  

This has not been the case in the past – before 1978.

We must not forget that in the two recent elections 30% – 40% of the electorate abstained from voting. True some permanently live overseas, yet this is a very high number.

Why have so many people removed from the election process?

•  Years of the Executive Presidency – ‘few achievements’:

• Around 1979 – The war with the LTTE and other Tamil terrorist groups commenced and it was  earnestly carried on by the Presidents for over 30 years. Except between 2007 -2009 the entire war was conducted in an extremely inefficient, weak, lethargic and corrupt manner. Hundreds and thousands of people of this country died and became injured due to the brutal war.

• Initiation of Black July 1983 and the massacre of innocent Tamils.

• 1987 – The armed forces won the battle of Vadamarachchi and Prabhakaran was trapped; the then President fearing of India, abruptly stopped the war. Foolishly, he enacted the 13^th Amendment that introduced the Provincial Council system, which is a major threat to the country’s sovereignty and economic development. 

• This huge White Elephant is the pathway to create the Tamil Eelam by Pen. Note, the then President introduced the Provincial Councils after keeping the entire country under curfew. He ignored the objections to it even by the then Prime Minister and some Senior Ministers.

• Between 1994 – 1999, Sri Lanka encountered major losses against the LTTE. It was during this period that we lost Jaffna (1995), Elephant Pass (1999), Kilinochchi (Operation Jayasikuru – 1997) and Mulativu (1996). In the Mulativu battle, we lost about 1,500 soldiers. On 19 April 1995, our Navy lost the gunboats – SLNS Sooraya and SLNS Ranasuru – scores of our seamen were killed/injured.

• From around 1980 until 2024 – the introduction of large-scale fraud, corruption and various malfeasance (the rapid Mahaweli Development Program is the beginning of this). Rogue ministers, MPs and civil servants instead of being sent to the prison (like in Singapore), were saved by the Presidents. This is because the Presidents were also ‘part of the game’.

• 1988 – 1990 – JVP insurrection where they  unleashed horrific terror. The  then government resorted to brutal, extrajudicial killing of the country’s youth – at least – 60,000, all Sinhalese.

• In 1988, JR introduced ‘Tyre Pyres’, Mr R Premadasa continued with it.

• 1980s – Instead of the very democratic Westminster parliamentary method (practices followed in the UK, Australia, Canada and New Zealand) MPs were elected by bizarre proportional representation/preferential voting, Chit (National List) systems. The current complex system deprives the people the right to elect  MPs/independent MPs of their choice at constituency level. Now people do not know who their elected representative is. We do not have by-elections – a clear symbol of Westminster democracy.
• 1992 to 2015- Waves of assassinations occurred allegedly with the Executive President’s blessing. Eg. Rohana Wijeweera, journalists Rohana Kumar, Lasantha W, Pradeep E and sportsman W Thajudeen. Harassments of Anoja W, Rookantha/Chandraleka, Poddala Jayantha, Keith Noir, burning of media houses etc. 
• 1994 – the daughter President appointed her ailing mother as the Prime Minister; in 2020 the brother President appointed his ailing elder brother as the President. By this, they demonstrated their arrogance – they treat the country as their cradle. Following this principle, the Ministers  appointed their family members and friends to the country’s top positions. 
• 2009 to 2011 – Immediately after the war victory, what should have been done was to repeal the 13th amendment and thereby abolish the Provincial Councils, but the foolish leadership allowed it to continue. The abolishment could have easily done through a referendum (the government had 2/3 majority in the Parliament).
• Policies were never implemented enabling the citizens to live in any part of Sri Lanka that they so wish. The inability of the Sinhalese to live in most parts of the North and the East is Sri Lanka’s biggest human rights problem.
• Internationally, the Presidents failed to counter-attack strongly and tangibly  the agendas of Tamil separatism including support for same from the West.
• The Presidents failed to tell the world loudly that we have not committed any war crimes but helped and rescued innocent Tamils. The unsatisfactory situation is still the same.
• The governments were dumb when international sanctions were imposed against defence forces heroes who brought forth victory to the country.
• 1978 to present – The Bribery Commission, which was very powerful during the Sirima coalition (1970 – 1977) was made a relic by JR. Successive presidents followed the same policy – until now.
• 1980 – 1998 – The famous underworld leaders who terrorized the country like Gonawala Sunil, Sotthi Upali, Baddagane Sanjeeva, were all ‘darlings’ of the former  high-powered Presidents. The Presidents ‘gave birth’ and  nurtured them.
• 2019 Easter Attack – The acceptance of many countrymen that the President was informed about the Zaharan bombings in advance. It is alleged that the President fled the country well knowing of the impending attack. After the attack, he purposely delayed the return to the country.
• 2022 – The then President bankrupting the country.
• Indian fishermen are still stealing fish from the country’s waters.
• Massive environmental destruction. 49% of the country’s forest resources in 1948 is decreased to about 12% today.  
• Elephant-human conflict has grown to the extent that one wild elephant gets killed every day. No president was able to solve this thus far. Basically, they were uninterested in visiting the root causes of the problem. Deegadanthu – the world-famous tusker was killed in Kalawewa only last week (27/11/2024).
• In the last 45 years, basic characteristics of every government have been – lying, stealing, cheating, kickbacks, bribery, nepotism/cronyism, alcohol, thuggery, wastage, committing sexual misconduct etc. The ordinary society picked those attributes and themselves resorted to such conduct. We have a very undisciplined society today.

Due to the Executive Presidency, the Sinhalese were the most disadvantaged:

• After the war, the Sinhalese were still made unable to live in many parts of the North and the Eastern provinces. If Tamils/Muslims can live anywhere in the country, why are the Sinhalese banned from the North and the East?
• Sinhalese and Muslims were driven out from the North and the East by Prabhakaran,  some were very eager to return to their native areas; but such resettlement did not properly take place.  
• Some say that there were 50,000 Sinhalese in Jaffna before the war . Are there even 5% of them today ?
• A situation arisen that there is absolutely no work happens in Sinhala language in most government offices in the North and the East.
• Buddhist shrines, relics, artefacts in those areas have been dispossessed (in many places). The ancient Kurundi temple has become a forbidden area even for Buddhist monks.
• Even (recently) non-Sinhalese were appointed as governors in the North (introduced by Maithripala). This has become the norm? There is absolutely no voice for the Northern Sinhalese now.
• After the war many important military bases in the North and East were shut down. Some of them had been established during the British period, considering their importance to  the country’s territorial integrity. The North is the gateway to Sri Lanka from Southern India.
• Now the governments are eager to give full 13 or 13+ (Amendment to the Constitution).  By this, the Sinhalese will lose many more things. It certainly paves the way for the Tamil Eelam. Just imagine the North and the Eastern Provincial Councils given the Land and Police powers!
• 1989 – Sirima – Shastri agreement was canceled by JR; JR granted citizenship to lakhs of plantation Tamils by the  stroke of a pen. Up to then, these Tamil comrades held the Indian citizenship.
• Thanks to this, more than 5-6 Tamil MPs (separately appointed) (suddenly) came from the up country.  This was also the case in the Provincial and Municipal Councils. The country’s politics turned upside down. Upcountry Sinhala political power diluted; The injustices faced by the Sinhalese in those areas increased a lot.

In the 1977 election, only Mr S Thondaman emerged from the plantations. That too as the 3rd MP of Nuwara Eliya/Maskelia (behind Gamini Dissanayake and Anura Bandaranaike).

• After the war a significant number of military personnel were withdrawn from the North and the East. The number of Sinhala-speaking police officers were also greatly reduced.
• In the Good Governance government (Yahapalanaya) the President restricted the military camps to buildings only, citing various reasons and deprived the army of large lands/farms that they had occupied. Some military lands were transferred to the Northern Provincial Council. He claimed that he had forfeited to the army over 90% of allegedly privately owned land (a process initiated by  MR’s Podu Peramuna government). Is it possible to maintain military bases with only buildings, without land?
• In the last 45 years, the Sinhalese population of the country has decreased greatly. The Sinhalese population within the Colombo Municipal Council, which was around 65% in 1978, has dropped to less than 40% today (these figures are only estimates).

Due to the Executive Presidency, the country can well be divided

• The two recent elections have shown that the minority vote is important to obtain an absolute majority. From 1994 onwards the governments have done all they can to make minorities happy. This is good.
• But, in order to win a presidential/parliamentary election the Presidents must not do things that betray the country/nation.
• Just prior to the 2019 Presidential election, Palali Airport, which was always under the Air Force, was hurriedly declared an international airport by the then government. In the future, under international law, having an international airport is a very good qualification to demand a separate Tamil State.
• Otherwise, the Sinhala politicians know that they cannot come to power (become the President). Prior to the Presidential election some leading Presidential candidates  promised to give full 13 or beyond 13+. They did this knowing that such an act will be harmful to the country.
• Such a situation/problem would not arise under an Executive Prime Minister. The Prime Minister will not be elected by a Presidential election but a general election.

True, we have won the war, it is likely that the country can break up in the future because of this high-powered Presidency.

• We had leaders who feared the pressure from India and the international community – a good example is JR. R Premadasa was the only exception. He had the guts to demand India to leave Sri Lanka within few days. The previous President (RW) showed fearless characteristics, but his stay was too short. Not enough incidents have happened to make predictions about Anura.

Solution:

• The Constitution needs to be amended to make the Prime Minister the head of the State. He/she will be the head of the Cabinet. Unlike the current Presidency, the Executive Prime Minister will not have unlimited powers.
• The 1972 Republican Constitution (lasted until 1978) did a very good job for the country. We should abolish the current Constitution that promotes the Executive Presidency, and revert to the 1972 Constitution.
• With this change, it will be a major victory if the Provincial Councils (13th Constitutional Amendment) is abolished. In 1987, the 13^th Amendment arose due to Rajiv Gandhi’s incomprehension/lack of knowledge about Sri Lanka and JR’s cowardice. The brainchild of the 13th Amendment was  Kerala  born, JN Dixit (then High Commissioner of India in Sri Lanka). Dixit was the most powerful person in Sri Lanka in the 1980s.

In his upcoming talks with Mr Modi, our current President has the ability to ask India to silence the Tamil politicians like TNA who secretly agitate separatism (Eelam) and promote communal disharmony.

• The 1972 Constitution is better because under same it  will not be necessary to please the Northern/Eastern minority leaders to form a stable central government.

In 1965, the Prime Minister Dudley Senanayake’s ‘ 7 Party Coalition’ government had Tamil leaders like Chelvanayagam, GG Ponnambalam, M Thiruchelvam, S Thondaman (some of whom were staunch racists), but only Thiruchelvam headed a ministerial position (that too was of minute one).  In that government, Dudley Senanayake did not allow any of the racist/separatists to emerge top. Dudley Senanayake was actively involved wherever possible in good development projects (eg. Galoya, Padaviya – creating new farming colonies).

• There is power in the present Constitution to prevent the Provincial Councils from coming together and destroying the country’s unitary nature. They are the Articles (of the English version Constitution): 154A1, 154 J, 154K, 154L, 154M and 154N. In the future change, these powers must be vested with the Prime Minister.
• Article 154J – The President can dissolve a provincial government after issuing a Proclamation under the ‘ ‘Public Security Ordinance’ that the maintenance of essential supplies and services is threatened or the security of the country is threatened by war or external aggression or armed insurgency. The then President R Premadasa dissolved Vardharaja Perumal’s Northern Provincial Councils  by invoking this provision. The 15,000 strong police force in Perumal’s provincial government operated as an ‘army’ and tried to unilaterally declare a ‘Tamil Eelam’ in Northern Sri Lanka. This could happen again in the North under a future racist Provincial regime.

154K – Provision for the President to advise the Governor and the Provincial Council.

154L – If the President is satisfied that a situation has arisen in which the administration of the province cannot be carried out in accordance with the Constitution (failure of the administrative mechanism), the President can take over the functions of the administration of the Provincial Council.

154N – If the President is satisfied that a situation has arisen which threatens the financial stability or creditworthiness of Sri Lanka, he may make a declaration to that effect (for approval by a Parliamentary Resolution) and within the period of the declaration the President may direct the Governor to observe and act on such financial expedients.

• Under the 1972 Constitution, a nominal President is to be elected by the Parliament (like in India).

The country’s leader must be directly accountable to the Parliament – the current Presidency is not:

• If the leader of the country is not directly answerable to the Parliament of the country (Parliament is the People), if he/she does not directly answer the questions of the country that are asked in the parliament, it is an anti-democratic form of governance. 
• This country needs a head of state who participates in every parliamentary session and answers questions , who does not have Hitler-style executive powers and who is not subject to any immunity.
• Government systems of Canada , Great Britain , Australia, New Zealand – almost on every parliamentary session, an hour or two is reserved for asking questions from the Prime Minister. During that time, a ‘dual war’ arises between the Prime Minister and the Opposition Leader. The people of the country watch it live on television and come to a conclusion about the talents of their leaders. This helps them to use the ballot correctly when voting at elections. That is why those countries are developed. They have true democracy. 
• The fact that our President visits the Parliament only when he/she feels like (once in 3 months – per the Constitution) is anti-democratic.  We have seen our recent Presidents walk out of the House after sitting for about 10 minutes, without answering difficult questions put to him brilliantly by the Leader of the Opposition. This is very unsatisfactory. Why should the Country’s head flee? Why cannot he answer?
• The people of the country should know the opinions of the country’s leader about the country’s problems and his/her solutions/visions for them. For that, like other MPs, the President must come to the Parliament regularly.
• What is the point if the country’s leader is not in the Paliament?

Bizarre aspects of our Constitution:

• The 1972 Constitution is better because it did not have  ‘Constitutional Councils’ that we now have. To represent the 3 main racial groups  3 civil society representatives are now there. They are not legislatures elected by the people. This is undemocratic.

The people vote and appoint a government. Thereafter, the government should be able to appoint people of their choice to top positions.

If the government is not good, people would topple them at the next election. This is the essence of democracy.

• National List MPs (CHIT MPs) are not elected by the people – this is totally undemocratic. We now see the mess that the National List system creates. In effect, selection of the Chit MPs has become somewhat a Mafia type activity.
• Public Utilities Commission and similar Commissions introduced by RW and his cohorts are failures. We do not want them.
• Are they really impartial? They are also white elephants.

There were reports that some of their chairpersons/members have been biased.

• Do we need a Police Commission? No. If we have a good, efficient Inspector General of Police (like the present), he/she can perform the tasks of the Police Commission. The former IGP stated that the OICs of the Police stations were appointed by the MP of that district. Then why we maintain a Police Commission?

An Executive Presidency is another government within a government:

• After 19945, the Executive Presidency has become a big  White Elephant that swallows people’s money.
• The President allocates most money for himself from the budget. Today’s President’s Staff includes many bodyguards, drivers, peons, typists, bunch of unelected Presidential Advisors etc. If he/she has good, efficient Ministers, why appoint Presidential Advisors?
• In the past, some of the Presidential Advisors  have been more powerful than Ministers and Permanent Secretaries of the Ministries. Some of them conduct Press Conferences to articulate government policies. This is the work of the Ministers, not of unelected Ministerial Advisors.
• There are also octogenarians called the Presidential Task Force. They are also White Elephants. These members do the work that should be done by the Ministers.
• Today, the number of vehicles belonging to the President’s office is hundreds/thousands. The President’s Fund is not audited. The Constitution has made it so; no citizen can file a civil suit against the President.
• The President must not be immune from criminal prosecutions (this is the case in most countries).
• Apart from the Galleface Presidential Complex, many valuable buildings in Fort (Chatham Street/ Mudalige Mawatha, Janadhipathi Mawatha – former Chartered Bank/Postal GPO, other large private buildings) are being occupied by the President’s Office. It is time that all these buildings are vacated; if owned by the government then they must be rented out.
• There are many Presidential residences across the country where the past Presidents have stayed for one or two days a year. These buildings must be allocated for public use – eg. establishing government offices.
• None of the Presidents have lived at the President’s House in Colombo. This is wrong. The protocol is that they must live there.  The Prime Minister must live in the Temple Trees and nowhere else. They are not mere buildings, but Institutions. They are the country’s pride.
• In the US, whether he likes it or not, the President must live in the White House. In Australia, it is a rule that the Prime Minister must live in the Lodge (in Canberra).
• It is the poor people of this country who have to support not only retired Presidents (already 5 ) but also their wives until they die. This is not fair. All benefits for them must be scrapped.  Perhaps a nominal pension is alright to be given.
• 5 previous Presidents articulated that they will abolish the Executive Presidency as soon as they become the President. None of them fulfill the promise. This means they gave false promises to the people. How can the people trust such people who lie?

End:

• JR became the Prime Minister in 1977 and in 1978 he illegally converted it (without a referendum) into an Executive Presidency, with extraordinary, unlimited powers.  The destruction/carnage he had brought to this country is unprecedented. Basically, he  turned this country upside down. He retired at the old age in 1989, because he felt that he no longer had the strength and ability to govern the country. By then the country had fallen into a deep pit. The terrorists were ‘ruling’ it both in the North and the South.
• Those who came after him further destroyed the country.
• R Premadasa implemented some good programs to build the country. Unfortunately for the country, he was killed in 1993 by a bomb.
• It is very scary to have such enormous powers in the hands of a single person. Tamil separatists have not given up their Eelam dream. It is foolish to say that only the Tamil Diaspora wants the Eelam. Lots of TNA MPs have secretly advocated separatism. They continuously racistly indoctrinate innocent Tamil people.

The racists will not give up their intention to create the Tamil Eelam. It is easy for them to achieve it under the Executive Presidency. In the last 45 years, under the present system, they have achieved much.

This country has gone down the drain. This article has articulated some of that.

It is difficult for the separatists to achieve their goal under a Prime Minister led government (per the 1972 Constitution). The Executive Prime Minister would not need to beg for the minority vote solely to come to power.  He/she becomes the Prime Minister by virtue of being the leader of the party that had won the most seats; not by the vote of all the people of the country in a Presidential election.

• The 1972 Constitution provides a smooth , uncomplicated, transparent structure that worked very well for this country. The present Executive Presidency has proven to be a failed structure that takes the country to the abyss; it is a huge White Elephant. Under it, the President can hide in his office without coming to the Parliament. This is not good enough.
• The fact that the 1978 Constitution has undergone 21 amendments in 45 years shows its failure. The 22^nd Amendment is forthcoming?
• The Constitution is not a Dogs Act. They do not get amended in every turn of events. Since inception in 1900, the Australian Constitution has been amended only 8 times, they were also very minor amendments. The US Constitution has been amended only 27 times (since 1788).