The 1978 Constitution of Sri Lanka provides a Government of the People, by the People, for the People. It has been tailor-made for a democracy. Let us examine its provisions under the above heading made famous by the American President Abraham Lincoln’s speech in 1863, opening the memorial to the dead commemorating the decisive victory of the Federal forces at Gettysburg, defining democracy as a Government of the People, by the People, for the People, says the quintessential democrat President J.R. Jayewardene, in his book RELIVED MEMORIES published in 1996.
Chapter I Article 3 proclaiming the sovereignty of the people says that in the Republic of Sri Lanka the sovereignty is in the people and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.
Article 4 states how sovereignty is exercised. It lays down that the sovereignty is exercised and enjoyed in the following manner:
The legislative power of the people shall be exercised by Parliament, consisting of elected representatives of the people and by the people at a Referendum.
The executive power of the people, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the people.
The judicial power of the people, shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the people, may be exercised directly by Parliament according to law.
The fundamental rights which are by the Constitution declared and recognized, shall be respected, secured and advanced by all the organs of government, and shall not be abridged, restricted or denied save in the manner and to the extent hereinafter provided.
The franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament, and at every Referendum by every citizen who has attained the age of eighteen years, and who, being qualified to be an elector as hereinafter provided, has his name entered in the register of electors.
The Cabinet of Ministers shall consist of the President at the Head and the Prime Minister and Ministers from among the Members of Parliament according to Chapter VIII Articles 43 and 44 of the Constitution.
The Articles dealing with the sovereignty of people and certain fundamental rights cannot be amended without a two-thirds majority in Parliament and approved by the people at a Referendum. Similar approval is necessary for legislation to extend the term of office of the President or duration of Parliament for over six years. This is a unique feature for even if the whole Parliament votes in favour of such an extension, unless approved by the by the people at a Referendum, it does not become law.
No democratic nation in the world has this unique power given to the people by its Legislature. It was with this power that the people extended the period in office of the Parliament elected in 1977 by six years. All previous extensions, e.g. in 1975 was by parliamentary approval or by an Order-in-Council before freedom.
The Government is clearly based on the elected President, with executive powers, responsible to Parliament as head of an elected Cabinet, chosen from Parliament charged with the direction and control of the Government, and collectively responsible and answerable to Parliament.
A government of the people, by the people is adequately provided for and protected as above. Only after approval by the people at a Referendum, these provisions can be amended or taken away democratically.
The part dealing with for the people is also not forgotten. In Chapter VI Articles 27 to 29 these are enumerated. It is necessary to cite only Article 27 (2) which says that the State is pledged to establish in Sri Lanka a democratic socialist society, the objectives of which include (a) the full realization of the fundamental rights and freedoms of all persons; (b) the promotion of the welfare of the people in securing and protecting as effectively as may, a social order in which justice (social, economic and political) shall guide all the institutions of the national life; (c) the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities; (d) the rapid development of the whole country by means of public and private economic activity towards social objectives and the public weal; (e) the equitable distribution among all citizens of the material resources of the community and the social product, so as best to sub-serve the common good; (f) the establishment of a just social order in which the means of production, distribution and exchange are not concentrated and centralized in the State, State agencies or in the hands of a privileged few, but are dispersed among, and owned by all the people of Sri Lanka; (g) raising the moral and cultural standards of the people, and ensuring the full development of human personality; and (h) the complete eradication of illiteracy and assurance to all persons of the right to universal and equal access to education at all levels.
J.R. Jayewardene was not slow to exert his political rights. If I may strike a personal note, when as a 12 year student of Ananda College, Colombo I drew a poster in support of him in 1952 seeking re-election as Minister of Finance and MP for Kelaniya, and fixed it on to a king coconut tree in the boutique compound of the opposite house. It was torn-off in the night by salesman Peter aiya of the cooperative store in our land, in a state of inebriation having been drinking kitul toddy. The boutique owner had telegraphed JR from Yakkala Post Office. At dawn next day he had come in his car in T-shirt and shorts, knocked at the cooperative store planks and asked the salesman who tore his poster. The clever Sama Samajist Peter aiya had shot back why he was asking him supposedly being an Advocate. JR had asked, drawing out his pistol with his hand ‘is that so?’ stamped his foot on the ground and sped-off. No one ever tore his posters again!
Chandra Edirisuriya