Thursday Sep 19, 2024
Thursday Sep 19, 2024
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The 13th amendment and provincial councils were introduced without substantial deliberations and as a result created an expensive second tier parallel governance structure in the country. 456 additional elected peoples representative were added to the system, resulting in a colossal burden on government expenditure.
However, it is not a pragmatic move to abolish provincial councils in a hurry as part of the 100-day program due to Indian sensitivity attached to the 13th Amendment. Hence whether we like it or not, we have to live with the 13th Amendment until a drastic constructional overhaul is implemented with the consensus from all stakeholders.
Also, if the new Government is to open a new round of negotiations on power devolution framework, it can open up a new can of worms in the political landscape.
Nevertheless, the Government cannot delay constitutional reforms. People have shown their earnest desire for urgent constitutional reforms in their 8 January presidential election verdict. However the time period specified for such an important task is very limited. A major constitutional reform in such a hurry can be disastrous as we have seen in the past through the 13th Amendment enforcement itself. Hence it is wiser to introduce changes in order to rectify only the critical shortcomings in the existing set up through the100-day program.
The preferential voting system menace and cost of maintaining 456 provincial councillors are such critical issues that can be rectified. The Government can parallel draw up a roadmap for major constitutional overhaul in the long run. That exercise perhaps can be targeted to complete after the next general election and within first two years of new President’s term.
Under the current context of accelerated constitutional reforms in the 100-day program, it is more sensible that Sri Lanka innovates a practical solution under the existing constitutional framework. The below proposal is an attempt to achieve the said objective.
One national election for converged Provincial Councils and National Legislature
Sri Lanka can have a lean democracy by electing a common set of electoral members to Provincial Councils and the Parliament through a single National Election. Provincial Council Members (MPCs) elected to the respective provincial councils in the National Election can also form the Parliament and discreetly preform national legislative duties as Members of Parliament (MPs).
Only 250 MPs for both Parliament and Provincial Councils
With such convergence, the country can realistically limit the total number of elected members in both provincial councils and the Parliament to 250 (proposed). Almost the entire additional cost incurred in maintaining 456 provincial council members as a result of the 13th Amendment can be saved with such arrangement.
The number of Government-paid people’s representatives and their numerous other costs such as personal staff salaries, transport, telephone, accommodation, vehicle permits, etc. can be drastically cut down. The total of 250 electoral members compared to the current total of 681 (225 Parliament members and 456 Provincial Council members) is more than 60% reduction in total number of MPS and MPCs in the country. However, the already built provincial council physical infrastructure, administrative layer and other resources will be required to exercise powers vested through the 13th Amendment to the provinces.
Mixed electoral system
The national election can be held based on a mixed electoral system to elect electoral members based on First-Past-The-Post (FPTP) method and 
Proportional Representation (PR). In some mixed electoral systems two separate votes for FPTP candidate of the local constituency and PR list of the district respectively are allowed. However single vote marking for the contesting political party or independent group and a party decided (closed) district list is more appropriate in order to avoid complexity.
First-Past-The-Post (FPTP) seats
The key requirement to implement any proposal in the 100-day program is to work within the existing framework as much as possible. Hence it is more practical to work with existing electoral map of 160 (Section 98) constituencies. 160 electoral members can be elected based First-Past-The-Post (FPTP) method for 160 existing electoral constituencies.
Proportional Representation (PR) seats
A further total of 90 electoral members is proposed to be elected for nine provinces (22 electoral districts) based on proportional representation. Members are elected based on the current method of district proportional votes received by the contesting political party or the independent group. Respective provincial councils can be formed by combining results of relevant districts.
Abolishing preferential voting
District based preferential voting can be abolished by introducing the ‘District Proportional List’ (similar to the existing National List). ‘District Proportional List’ (DPL) can be submitted by each contesting political party or independent group prior to the national election.
The District Proportional List has to be based on priority name order decided by contesting political party or independent group at the time of submitting nominations. District proportional votes based electoral members are elected as per the name order submitted by each party or the Closed List method.
Allocations for district proportional representation
The distribution of 90 seats among the 22 districts (hence nine provinces) can be decided considering the population and geographical extent of each province or based on a similar suitable formula.
Proposed district proportional seats quota based on population and registered voters as an example is seen in table 1.
Election of district proportional votes based members
Elected member allocations for proportional votes received by each political party (or any independent group) in a district can be decided based on the district proportional votes received by each party in electorates other than FPTP winning electorates.
The winning party of each electorate gets a seat (member elected) based on FPTP method. Hence votes received by the FPTP winning party (or independent group) of each electorate is deducted from the district total when calculating the ‘Relevant Number’ (Para 6 (b) Article 99, 14th Amendment) for elected member allocations. In other words, only total votes received by each party (or independent group) in FPTP losing electorates in the district are used to calculate the ‘Relevant Number’ for proportional votes based district elected member allocations.
District proportional votes based elected member allocations (‘Resulting Number’ as per Article 99, 14th Amendment) can be calculated by applying existing (currently used) formula to the new ‘Relevant Number’ described above.
The National List
The National List was intended to elect members based on the national proportional votes received by each party. Based on proposed format total of 90 electoral members are elected based on proportional votes.
The National List also accommodated experts and specialists of various nationally important disciplines to get their services. They too can be accommodated in the District Proportional List (DPL). Hence existing 29 National List seats based on Section 99(A) can be abolished.
The Provincial Council
The 250 elected electoral members through the national election will perform duties and functions of respective provincial councils vested under the 13th Amendment as elected Members of Provincial Councils (MPCs).
Distribution of 250 elected people representatives to all provincial councils and the parliament will be as below. Accordingly approximately 65% of electoral members (160) are elected from First-Past-The-Post (FPTP) method and 35% (90) are elected based on Proportional Representation (PR).
Above proposal is in line with the 100 day program pledge to introduce reforms to introduce mixed electoral system based on First-Past-The-Post and Proportional Representation (PR).
Limit number of ministers via Constitution
The number of national ministries and provincial ministries can be limited via the Constitution as already enacted through the 13th Amendment. More meaningful figures for such limitations are 25 national ministers and five provincial ministers including the chief minister per province.
Since 45 provincial ministers can shoulder the bulk of the policy implementation burden in the country, there won’t be a great necessity to appoint deputy or junior ministers at national level. If junior ministers are to be appointed for ruling party’s internal compulsions, the total of national ministers and junior ministers can still be still limited to 25 portfolios. This measure too will save Government expenditure considerably.
Crossovers
It was shameful to watch the ugly crossover drama and it is imperative to rectify the situation through constitutional moves. It is proposed to elect a new electoral member if an electoral member crosses over and removed by the party from which the elected member contested at the national election.
If an electoral member elected through a First-Past-The-Post ceases to be a Member of Parliament, a new electoral member can be elected through a by-election. If an electoral member elected through district proportional representation list ceases to be a lawful member, the replacement can be appointed from the provincial electoral list based on the priority name order.
Risk of defunct Legislature
In the event a whole provincial council or a group of electoral members boycott or do not exercise national legislative duties, there is a risk of the National Legislature becoming defunct. Such risks can be averted by vesting necessary powers with the provincial governor, the Parliament and the executive president as the last resort to dissolve and call for provincial by-elections or electoral by-elections.
Reforms strengthens power decentralisation as well as unitary character of State
Reforming of the powers vested under 13th Amendment is not within the scope of this exercise. Such a broad change should be subjected to broad national level deliberations over a reasonable period of time and it is not desirable to implement through a rapid process such as 100-day program. Hence it is wiser to look at ways of optimising the time tested electoral system weaknesses of the 1977 constitution and 13th Amendment through 100-day reforms
In proposed converged democracy, provincial electoral members are taking part in national legislative functions and policy formation. As a result, provincial electoral members will be vested with broader political power and responsibility enhancing the scope of power decentralisation. At the same time, as provincial electoral members are participating in the national legislative function, the unitary character of the state too is further strengthened through the proposed reforms.
(The writer is an Engineer graduated from University of Moratuwa. He can be reached via [email protected].)
Proportional representation system is to be reformed and notorious preferential voting system is certain to be abolished under the 100-day program of the newly elected Government. At this important juncture of reforms, it is critically important to address key weaknesses in the status quo.
One such weakness is twofold democratic governance structures of the parliament and provincial councils created as a result of the hurriedly-introduced 13th Amendment. Maintaining multiple democratic institutions and its elected members add a heavy burden on tax payers.
Provincial councils introduced under the 13th Amendment is a power devolution tool designed to deliver a power sharing mechanism with self-rule seeking Sri Lankans of ethnic Tamil origins in the north and east. However, it is an established fact that provincial councils are a white elephant as far as rest of the country is concerned.
The 13th amendment and provincial councils were introduced without substantial deliberations and as a result created an expensive second tier parallel governance structure in the country. 456 additional elected peoples representative were added to the system, resulting in a colossal burden on government expenditure.
However, it is not a pragmatic move to abolish provincial councils in a hurry as part of the 100-day program due to Indian sensitivity attached to the 13th Amendment. Hence whether we like it or not, we have to live with the 13th Amendment until a drastic constructional overhaul is implemented with the consensus from all stakeholders.
Also, if the new Government is to open a new round of negotiations on power devolution framework, it can open up a new can of worms in the political landscape.
Nevertheless, the Government cannot delay constitutional reforms. People have shown their earnest desire for urgent constitutional reforms in their 8 January presidential election verdict. However the time period specified for such an important task is very limited. A major constitutional reform in such a hurry can be disastrous as we have seen in the past through the 13th Amendment enforcement itself. Hence it is wiser to introduce changes in order to rectify only the critical shortcomings in the existing set up through the100-day program.
The preferential voting system menace and cost of maintaining 456 provincial councillors are such critical issues that can be rectified. The Government can parallel draw up a roadmap for major constitutional overhaul in the long run. That exercise perhaps can be targeted to complete after the next general election and within first two years of new President’s term.
Under the current context of accelerated constitutional reforms in the 100-day program, it is more sensible that Sri Lanka innovates a practical solution under the existing constitutional framework. The below proposal is an attempt to achieve the said objective.
One national election for converged Provincial Councils and National Legislature
Sri Lanka can have a lean democracy by electing a common set of electoral members to Provincial Councils and the Parliament through a single National Election. Provincial Council Members (MPCs) elected to the respective provincial councils in the National Election can also form the Parliament and discreetly preform national legislative duties as Members of Parliament (MPs).
Only 250 MPs for both Parliament and Provincial Councils
With such convergence, the country can realistically limit the total number of elected members in both provincial councils and the Parliament to 250 (proposed). Almost the entire additional cost incurred in maintaining 456 provincial council members as a result of the 13th Amendment can be saved with such arrangement.
The number of Government-paid people’s representatives and their numerous other costs such as personal staff salaries, transport, telephone, accommodation, vehicle permits, etc. can be drastically cut down. The total of 250 electoral members compared to the current total of 681 (225 Parliament members and 456 Provincial Council members) is more than 60% reduction in total number of MPS and MPCs in the country. However, the already built provincial council physical infrastructure, administrative layer and other resources will be required to exercise powers vested through the 13th Amendment to the provinces.
Mixed electoral system
The national election can be held based on a mixed electoral system to elect electoral members based on First-Past-The-Post (FPTP) method and Proportional Representation (PR). In some mixed electoral systems two separate votes for FPTP candidate of the local constituency and PR list of the district respectively are allowed. However single vote marking for the contesting political party or independent group and a party decided (closed) district list is more appropriate in order to avoid complexity.
First-Past-The-Post
(FPTP) seats
The key requirement to implement any proposal in the 100-day program is to work within the existing framework as much as possible. Hence it is more practical to work with existing electoral map of 160 (Section 98) constituencies. 160 electoral members can be elected based First-Past-The-Post (FPTP) method for 160 existing electoral constituencies.
Proportional Representation (PR) seats
A further total of 90 electoral members is proposed to be elected for nine provinces (22 electoral districts) based on proportional representation. Members are elected based on the current method of district proportional votes received by the contesting political party or the independent group. Respective provincial councils can be formed by combining results of relevant districts.
Abolishing preferential voting
District based preferential voting can be abolished by introducing the ‘District Proportional List’ (similar to the existing National List). ‘District Proportional List’ (DPL) can be submitted by each contesting political party or independent group prior to the national election.
The District Proportional List has to be based on priority name order decided by contesting political party or independent group at the time of submitting nominations. District proportional votes based electoral members are elected as per the name order submitted by each party or the Closed List method.
Allocations for district proportional representation
The distribution of 90 seats among the 22 districts (hence nine provinces) can be decided considering the population and geographical extent of each province or based on a similar suitable formula.
Proposed district proportional seats quota based on population and registered voters as an example is seen in table 1.
Election of district proportional votes based members
Elected member allocations for proportional votes received by each political party (or any independent group) in a district can be decided based on the district proportional votes received by each party in electorates other than FPTP winning electorates.
The winning party of each electorate gets a seat (member elected) based on FPTP method. Hence votes received by the FPTP winning party (or independent group) of each electorate is deducted from the district total when calculating the ‘Relevant Number’ (Para 6 (b) Article 99, 14th Amendment) for elected member allocations. In other words, only total votes received by each party (or independent group) in FPTP losing electorates in the district are used to calculate the ‘Relevant Number’ for proportional votes based district elected member allocations.
District proportional votes based elected member allocations (‘Resulting Number’ as per Article 99, 14th Amendment) can be calculated by applying existing (currently used) formula to the new ‘Relevant Number’ described above.
The National List
The National List was intended to elect members based on the national proportional votes received by each party. Based on proposed format total of 90 electoral members are elected based on proportional votes.
The National List also accommodated experts and specialists of various nationally important disciplines to get their services. They too can be accommodated in the District Proportional List (DPL). Hence existing 29 National List seats based on Section 99(A) can be abolished.
The Provincial Council
The 250 elected electoral members through the national election will perform duties and functions of respective provincial councils vested under the 13th Amendment as elected Members of Provincial Councils (MPCs).
Distribution of 250 elected people representatives to all provincial councils and the parliament will be as below. Accordingly approximately 65% of electoral members (160) are elected from First-Past-The-Post (FPTP) method and 35% (90) are elected based on Proportional Representation (PR).
Above proposal is in line with the 100 day program pledge to introduce reforms to introduce mixed electoral system based on First-Past-The-Post and Proportional Representation (PR).
Limit number of ministers
via Constitution
The number of national ministries and provincial ministries can be limited via the Constitution as already enacted through the 13th Amendment. More meaningful figures for such limitations are 25 national ministers and five provincial ministers including the chief minister per province.
Since 45 provincial ministers can shoulder the bulk of the policy implementation burden in the country, there won’t be a great necessity to appoint deputy or junior ministers at national level. If junior ministers are to be appointed for ruling party’s internal compulsions, the total of national ministers and junior ministers can still be still limited to 25 portfolios. This measure too will save Government expenditure considerably.
Crossovers
It was shameful to watch the ugly crossover drama and it is imperative to rectify the situation through constitutional moves. It is proposed to elect a new electoral member if an electoral member crosses over and removed by the party from which the elected member contested at the national election.
If an electoral member elected through a First-Past-The-Post ceases to be a Member of Parliament, a new electoral member can be elected through a by-election. If an electoral member elected through district proportional representation list ceases to be a lawful member, the replacement can be appointed from the provincial electoral list based on the priority name order.
Risk of defunct Legislature
In the event a whole provincial council or a group of electoral members boycott or do not exercise national legislative duties, there is a risk of the National Legislature becoming defunct. Such risks can be averted by vesting necessary powers with the provincial governor, the Parliament and the executive president as the last resort to dissolve and call for provincial by-elections or electoral by-elections.
Reforms strengthens power decentralisation as well as unitary character of State
Reforming of the powers vested under 13th Amendment is not within the scope of this exercise. Such a broad change should be subjected to broad national level deliberations over a reasonable period of time and it is not desirable to implement through a rapid process such as 100-day program. Hence it is wiser to look at ways of optimising the time tested electoral system weaknesses of the 1977 constitution and 13th Amendment through 100-day reforms
In proposed converged democracy, provincial electoral members are taking part in national legislative functions and policy formation. As a result, provincial electoral members will be vested with broader political power and responsibility enhancing the scope of power decentralisation. At the same time, as provincial electoral members are participating in the national legislative function, the unitary character of the state too is further strengthened through the proposed reforms.
(The writer is an Engineer graduated from University of Moratuwa. He can be reached via [email protected].)
