Friday 16 November 2018

Dramatic twists and turns of Sri Lankan Constitutional Crisis


Bedlam in Sri Lanka having eerie similarities to the Maldivian crisis intensifies further. Ever since the appointment of former President Mahinda Rajapaksa as the Prime Minister on October 26th and proroguing of Parliament, there seems to be no respite to the political drama in the Indian Ocean island. The domestic unrest which began with Rajapaksa loyalists forcibly entering the office of Rupavahini channel and stalling transmission has slowly spilled onto the streets. In the aftermath of Rajapaksa’s appointment protests erupted leading to the death of an innocent civilian.

Installation of arch-rival Rajapaksa as prime minister by Sirisena surprised Sri Lankans and international community as well. But former president on his visit to India in an interview to The Hindu, aside criticising the coalition government’s poor economic performance dropped enough hints on his keen interest in working with Sirisena. Responding to a question on the possibility of joining hands with Sirisena, he said,Unfortunately he is not prepared to work with me. We have a new party (Sri Lanka Podujana Perumna) and our president is G.L. Peiris. He must reach out to us since we have 45% of the vote in the three-cornered race”.

A series of events- a strong worded Wickremesinghe’s statement during his visit to India holding President responsible for the delay in the projects, assassination conspiracy theory, central bank bond scam, and SLPP’s trade union taking control of the state-owned newspapers culminated in the fall of the Unity government. President Sirisena ousted Wickremesinghe, sacked his secretary and deferred the Parliament session till November 16th. Despite his ouster, Wickremesinghe who survived a no-confidence motion in April refused to quit his position. He held on to his office at Temple Greens and official residence and met delegates from US, Canada, EU and UK. Terming the decision as unconstitutional, put up a brave front attempted to garner support of various political parties.  

On the other hand, the opportunistic Sirisena-Rajapaksa alliance began to earn ire of people. Being a seasoned politician Rajapaksa who led the no-confidence motion led by Joint Opposition earlier this year deeply relied on gaining the support of minorities. Initially, Tamil National Alliance (TNA) despite their aversion to Rajapaksa agreed to offer conditional support provided the government pledges to draft new constitution and accept the UNHRC resolutions for justice. Rajapaksa even counted on the support of Muslim parliamentarians. But they left for a pilgrimage to Saudi watering down ambitious plans. Being a old master of political game, Rajapaksa resorted to large-scale horse trading and reports of offering Chinese money made it to the news. To keep his flock together and lure the fence-sitters, lending credence to his decision, Sirisena went ahead with swearing of 12 cabinet ministers.

Wickremesinghe in the meanwhile demanded a floor test since he had the requisite numbers. Speaker Karu Jayasuriya objected to unconstitutional prorogation of Parliament. He strongly advocated summoning of Parliament to allay fears of constitutional crisis. Amidst growing international pressure and domestic tensions Sirisena addressed the nation justifying his decision saying “Politicians like us who are committed to serve the people, should always look at what is right for the people and will usher prosperity instead of political affiliations”. Sirisena’s blatant abuse of political power aggravated fragile economic conditions, rupee plummeted, tourism dropped, foreign investments fled from the markets.

Citing Section 42 (4) of constitution which enables President to appoint a Prime Minister but don’t permit his/her arbitrary sacking or replacement, Wickremesinghe urged speaker to reconvene Parliament. He even submitted document with signatures of 125 parliamentarians. To restrain authoritative tendencies of the President 19th amendment of Constitution made provisions to consolidate Prime Minister’s position. It enunciates that the office of Prime Minister can never fall vacant, baring three instances- death, constitutional crisis and loss of support in the parliament. Accordingly, the ouster of Wickremesinghe who enjoys the confidence of the house is untenable and unconstitutional. Firmly rooting on the constitutional provisions, Wickremesinghe insisted on proving majority on the floor of the house. At the same time, in an interview, he expressed willingness to work with President Sirisena to end this political crisis saying, “the constitution doesn’t make provision for personal prejudices”.

As voices of Sirisena’s unconstitutional approach began to gain ground, he initially agreed to convene parliament on November 5th. But he swiftly overturned the decision after failing to cobble the required numbers for majority in Parliament. On Nov 9th Sirisena dismissed 225-member Parliament and issued Gazette notice for snap polls on January 5th, 2019. Soon Sirisena loyalists began to seek the refuge of Article 33 (2) (C) that enumerated the powers of President to justify his decision.  The article explicitly states, “in addition to powers, duties, and functions expressly conferred or imposed on or assigned to the President by the constitution or other written law, the President shall have the power to summon, prorogue, and dissolve parliament”. But Election Commission expressed its inability and sought the opinion of Supreme Court for fresh elections saying, “there was no vacancy in the Parliament”. Meanwhile, Constitutional Expert, Asanga Welikala, pointed that after final enactment of Amendment 33, it was decided that “Parliament can’t be dissolved by the President in the first four and half year of its term, unless Parliament itself requests dissolution by a resolution passed by two-thirds majority”. Even lawyers citing Amendment 19A challenged the authority of President. Aggrieved UNP decided to legally challenge President’s decision and simultaneously launched efforts to impeach President.

Sirisena’s decision of dissolving the Parliament earned him international ire. Speaker issued orders to public servants not to execute President’s orders triggering a crisis in general administration and governance. Orders of snap polls created a panic in general public who feared Sri Lanka’s return to authoritarianism. Collectively, all the opposition parties and one of the election commissioners who challenged the Gazette order to conduct “illegal election” moved Supreme Court against dissolution of Parliament.

Three bench Supreme Court which received petitions on 11 fundamental rights petitions stating Sirisena’s decision as unconstitutional. Court stayed the dissolution of Parliament until December 7th and cancelled Gazette order for fresh elections. SC clarified that President can’t use Article 33 (2) independent of Article 70 (1) which sets limits on Presidential powers. SC cautioned, “you can’t cherry pick the provisions, the constitution has to be read whole”. SC’s decision offered much needed respite to the brewing political crisis. The next day, Parliament reconvened.

To strengthen his winnability in elections, Rajapaksa who is popular among Sinhala majority ends association with Sirisena’s Sri Lanka Freedom Party (SLFP) joined the Sri Lanka People’s Party (SLPP) created by his supporters. Along with him several of his loyalists also joined the new party weakening Sirisena’s political clout.

On November 14th amidst disruptions in the voice vote conducted by Speaker, 122 members supported no-confidence motion (NCM) against Rajapaksa invalidating his installation. But President alleging speaker ignored constitutional traditions, standing orders and Parliamentary procedures rejected the NCM document. As expected, Rajapaksa camp rejected the NCM terming it illegal. NCM inflicted death blow to Rajapaksa’s appointment. Undermining the sanctity of NCM, Rajapaksa occupied Prime Minister’s bench and addressed the house next day. When Speaker announced that house doesn’t recognise him as Prime Minister any longer, incensed by speaker’s reference to him as just a member of Parliament, SLPP party members created ruckus. They attacked speaker and in the subsequent brawl, a MP who was injured was hospitalised.

Miffed by President’s defiance Wickremesinghe’s UNP (United National Party) supporters took to streets. Overwhelmed by public anger that threatened to engulf peace and stability of the country, Sirisena held meetings with Speaker and other political parties. As per latest reports, President has softened his stance, promised to resolve the crisis in two-three days. But he expressed reservations over the first resolution of the NCM. As an act of reconciliation, speaker agreed to conduct a fresh round of note confidence motion on 16th November. In all likelihood, with Sirisena obliging to abide by constitutional provisions, show of strength by Wickremesinghe might bring some respite to unwarranted political crisis racked up by Sirisena. Startling political twists and turns highlighted loopholes of liberal democracy which can be trumped by political opportunism.

To usher Sri Lanka into realms of prosperity and economic progress in 2015 Unity Coalition ascended power. Moving away from the traditional political arrangement of like-minded parties coming together ideologically divergent, centre-left SLFP and Centre-Right UNP joined hands to form government epitomising the attributes of a thriving democracy.

Since 2008 nations there has been perceptible rise in authoritarian populist regimes. Ever since the fanatic waves of authoritarianism began to engulf poor nations.  Even Sri Lankan shores were stuck by such waves. The timely judicial intervention and mature democratic institutions as of now averted the crisis. Essentially, democracy is not impervious to the strong undercurrents of authoritarianism. Hence nations must perpetually make efforts to strengthen institutions to bolster and preserve democratic credentials.  

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