Presidents may come and go but JR’s Executive Presidency goes on forever

Sri Lanka’s ninth Presidential election will be held on Saturday 21 September. More than 17 million (17,140,354) Sri Lankans are registered as eligible voters. Nominally 38 candidates are in the ring but only three are regarded as the leading contenders. The hectic election campaigns ended on 18 September but election fever is high. A large voter turnout is expected on election day.

It is indeed an irony that there is so much of enthusiasm over the election of the executive president despite the criticism directed against the executive presidential system in past years. The Executive Presidency is blamed extensively on the one hand while the country gets involved in presidential poll excitement on the other.

Since Presidential elections are uppermost in the minds of most readers, this column too would like to dwell on that topic. However election laws have placed some restrictions that stand in the way of such intentions. Hence this column focuses this week – with the aid of earlier writings – on a related theme namely the evolution and growth of the Executive Presidency in Sri Lanka. 

The much maligned Executive Presidency was established by the United National Party (UNP) Government of Junius Richard Jayewardene in 1978. JR’s nephew and incumbent president Ranil Wickremesinghe was himself part of the UNP Government which demolished the prevailing Westminster parliamentary system and brought in the presidential form of government.

Long history

The presidential system introduced by JR Jayewardene has a long history. When JR was Minister of State (different to current state ministers) in the UNP government of Dudley Senanayake (1965-70) he made a ground-breaking speech in Colombo at the Association for the Advancement of Science. JR Jayewardene in his keynote address of 14 December 1966 outlined his vision for an Executive Presidency and argued in favour of a presidential system based on the US and French models.

“The executive will be chosen directly by the people and is not dependent on the legislature during its period of existence, for a specified number of years. Such an executive is a strong executive seated in power for a fixed number of years, not subject to the whims and fancies of an elected legislature; not afraid to take correct but unpopular decisions because of censure from its parliamentary party,” he said. The essence of JR’s “vision” lay in the words “an Executive chosen directly by the people not dependent on the whims and fancies of an elected Legislature”.

JR’s advocacy of an Executive Presidency sent shock waves down the political establishment when it was made. Relations between Prime Minister Dudley Senanayake and State Minister JR Jayewardene had deteriorated at that time. Dudley was firmly opposed to the idea. There were few takers for JR’s proposal even within the United National Party (UNP). In that environment JR was unable to push his proposal further but he never let go of his vision.

The chance for JR to espouse his executive president vision in the form of a tangible proposal came six years later during the United Front (UF) Government of Sirimavo Bandaranaike (1970-’77). Parliament had converted itself into a Constituent Assembly to draft a new Constitution. JR was then the leader of the opposition while Dudley Senanayake remained leader of the UNP. Differences between both had escalated and JR was almost a “lone wolf” within the party at that time.

On 2 July 1971, JR moved a resolution in the Constituent Assembly. It read as follows: “The executive power of the state shall be vested in the President of the Republic, who shall exercise it in accordance with the provisions of the Constitution. The President of the Republic shall be elected for seven years for one term only by the direct vote of every citizen over 18 years of age. The President of the Republic shall preside over the council of ministers.” JR’s motion was seconded at the Constituent Assembly by Ranasinghe Premadasa who was then the Colombo Central MP and Chief Opposition Whip.

JR argued eloquently, within the Constituent Assembly, in support of an Executive Presidency. The motion was shot down. Constitutional Affairs Minister Dr. Colvin R de Silva led the Government onslaught against JR’s proposal. Even a majority of UNP parliamentarians were not supportive because party leader Dudley Senanayake himself was firmly opposed to the idea. The JR-Premadasa motion was rejected by the then Constituent Assembly.

The UF government promulgated the new Republican Constitution on 22 May 1972. The Governor General under the Soulbury Constitution was replaced by the President. As a result power was vested in Parliament known then as the National State Assembly. Though President William Gopallawa was the titular head of state, the real power was retained by the then Prime Minister Sirimavo Bandaranaike.

UNP leader JR

Dudley Senanayake passed away in 1973 and JR succeeded him as UNP leader. He soon established his leadership position and brought the party under his full control. JR was now able to pursue his vision of an executive presidency from a strong position.

The UNP manifesto of 1977 stated, “Executive power will be vested in a President elected from time to time by the people. The Constitution will also preserve the parliamentary system we are used to and the Prime Minister will be chosen by the President from the party that commands a majority in Parliament and the ministers of the cabinet would also be elected members of Parliament.”

The change to an Executive President from Prime Ministerial system was a key aspect of the UNP electoral campaign in 1977. The UNP swept the polls and obtained 141 out of the 168 parliamentary seats. JR Jayewardene became Prime Minister in July 1977. He began moving fast towards his cherished vision of an Executive Presidency.

JR and a small group of ministers and party stalwarts (including JR’s brother HW Jayewardene QC.) in association with leading lawyer Mark Fernando started working towards the goal of introducing the Executive Presidency. The preliminary discussion was on 7 August 1977. An amendment to the Republican Constitution of 1972 was first drafted. After discussions in Cabinet it was approved and certified by the Cabinet as “urgent in the national interest”.

Thereafter it was sent by the Speaker to the Constitutional Court which prevailed at that time, as an “urgent bill”. The Constitutional Court approved the bill within 24 hours as stipulated. It was then presented to the National State Assembly for debating and voting. The bill was adopted by the then National State Assembly on 22 September 1977 as the Second Amendment to the 1972 Republican constitution. Executive power was transferred to the President and JR Jayewardene became the first Executive President of Sri Lanka on Independence Day, 4 February 1978.

Parliamentary Select Committee

Meanwhile JR was also working towards the goal of replacing the 1972 Constitution in its entirety with a new Constitution. On 20 October 1977, the National State Assembly passed a resolution enabling the then Speaker Anandatissa de Alwis to appoint a Select Committee for Constitutional Reform. The essence of the select committee mandate was, “To consider the revision of the Constitution of the Republic of Sri Lanka and other written law as the committee may consider necessary.”

The Parliamentary Select Committee was announced on 3 November 1977. Initially the chairman was JR Jayewardene who was then representing Colombo West in Parliament. JR however had to vacate Parliament as an MP in February 1978 after he was sworn in as President. Ranasinghe Premadasa who was also serving in the select committee was then appointed chairman on 23 February 1978 by the Speaker. Premadasa was also appointed Prime Minister.

Other MPs from the UNP in the select committee were Gamini Dissanayake, Lalith Athulathmudali, Ronnie de Mel, KW Devanayagam and MHM Naina Marikkar. Sri Lanka Freedom Party (SLFP) MPs appointed to the committee were Sirimavo Bandaranaike and Maithripala Senanayake. Ceylon Workers Congress (CWC) Leader Saumiyamoorthy Thondaman who had not joined the government in 1977 was also on the committee. 

The Tamil United Liberation Front (TULF) which at the time was the main opposition party refused to serve on the committee. As a result of the left parties being wiped out in the 1977 poll, there were neither Trotskyites nor Communists in the committee. In May 1978 the two SLFP representatives withdrew from the select committee.

The executive presidency ushered in through the earlier second amendment was now streamlined and incorporated in the new draft constitution. The executive president was now head of state and head of government. The electoral system was also changed from the first- pass-the post system to that of the proportional representation system. The Republic of Sri Lanka became the Democratic Socialist Republic of Sri Lanka.

The new Constitution referred to popularly as the “JR constitution” was formally promulgated on 7 September 1978. With the enthronement of the Executive Presidency, Sri Lanka’s political system changed from the British Westminster model to that of one closely resembling the French Gaullist Constitution. Power shifted to the President who was transformed from a figurehead to an effective head of state. The post of Prime Minister was devalued in the process.

Hurried 2nd Amendment

When JR brought in the 2nd Amendment ahead of an envisaged new Constitution to usher in the Executive Presidency there was a lot of criticism. A key concern was about the hurry in which the 2nd Amendment was being pushed.

Veteran Trotskyite leader of the Lanka Sama Samaja Party (LSSP) Dr. N.M. Perera who was not an MP at that time articulated these concerns then in a public lecture that was published as a booklet. Dr. Perera stated thus:

“The manner in which this Bill has been rushed through Parliament makes us a little suspicious. What is there so urgent about amending a Constitution? After all, constitutional amendments are potent not for a year or two but for all time. I can think of no country with a written Constitution that enables Constitutional amendments to be carried through in the headlong manner that he (JR) has done. Most constitutional amendments take years to fructify and some countries provide even for a referendum before such an amendment is made effective. There may be many in this country who hold different views on the Presidential system of Government. Why should they be deprived of the right of expressing their different viewpoints to the legislature and to the people of the country and urge that full consideration and weight be given their views? 

The logical question raised in many circles then was about why the UNP Government could not bring in the Executive Presidency through a new Constitution instead of rushing through with a Constitutional amendment? Notwithstanding this critical question, JR went ahead with the 2nd Amendment. 

J.R. Jayewardene was in a hurry because he could not take any chances with the MPs in the UNP camp. Introducing a system that would undermine the Prime Minister, de-value Parliament and concentrate powers in a single individual that required the approval of the MPs themselves was a bold and risky gamble. The parliamentarians were being asked to lay their heads on the chopping block willingly. So it was imperative that the Executive Presidency be brought in as soon as possible. 

Delay may have led to doubts and possibly dissidence. Thus JR went ahead rapidly and empowered himself with his MPs led by Ranasinghe Premadasa cheering “Jayawewa”. Premadasa was elated at becoming premier. It was too late by the time he realised that the Prime Minister was now downsized into that of a glorified peon. 

Politics is the art of the possible where time is of the essence. For J.R. Jayewardene an early Executive Presidency through a Constitutional amendment was preferable to a delayed Executive Presidency through a new Constitution. A Constitutional Amendment was an immediate reality while a potential Constitution was only a distant possibility. 

Alfred Jeyaratnam Wilson

 After the presidential system was installed, Prof. Alfred Jeyaratnam Wilson analysed it in his book ‘The Gaullist system in Asia: The Constitution of Sri Lanka’. In it he observed: “What Jayewardene was after was a stable Executive which would not be easily swayed by pressures from within or outside. The outcome in the end was a President who in many ways and can in certain circumstances be more powerful than the French President.”

A crucial point to note is that though J.R. Jayewardene introduced a presidential system, he did not provide for a cabinet appointed from outside Parliament. JR was also averse to a powerful Presidential Secretariat as a parallel centre of power to the Cabinet. Why was that?

In response to Prof. Wilson’s specific query on that issue, JR replied, “I must say I am very reluctant to appoint advisers who will be around the president. The reason is that I wish the president to have only his prime minister and the cabinet of ministers as advisers because they represent the people as Members of Parliament.”

J.R. Jayewardene also outlined this position at the convocational address of the University of Sri Lanka on 31 May 1978. This is what he said at the time: “I am the first elected Executive President, Head of State and Head of Government. It is an office of power and thus of responsibility. Since many others will succeed me I wish during my term of office to create precedents that are worthy of following. First, I will always act through the Cabinet and Parliament, preserving the parliamentary system as it existed without diminution of their powers. Second, I will not create a group known as the President’s men and women who will influence him.”

JR’s “puppet” Parliament

When J.R. Jayewardene ushered in the executive presidency he controlled Parliament with a five-sixths majority. Although the executive president was both above as well as independent of the “devalued” Legislature, JR opted to work through Parliament as far as possible because it was his virtual “puppet.” 

Besides, doing so reduced the sting in allegations that he had usurped power like a dictator. Thus the gigantic majority of the UNP in Parliament enabled JR to exercise power authoritatively akin to a dictator without being labelled so. For all this full control of Parliament was needed and J.R. Jayewardene continued to retain this stranglehold on the Legislature through several devices of a controversial nature.

JR’s Constitution had debarred MPs from switching parties after being elected. JR prevented the crossing over of MPs from Government to Opposition by constitutional legislation. JR and Premadasa had broad-based the UNP and a large number of “commoners” had been elected in 1977. The class-conscious JR was unsure of the loyalties of the elected representatives of the ‘hoi polloi’. Preventing crossovers therefore was to preserve the stability of the Government. 

Yet the same JR amended the Constitution he brought in to enable the then TULF Batticaloa MP Chelliah Rajadurai to join the Government. The infamous “Rajadurai” Amendment enabled MPs from the Opposition to join the Government but not the other way about. 

Another ruse adopted by JR to preserve the gigantic parliamentary majority was the procurement of undated letters of resignation from all his MPs other than from S. Thondaman of the Ceylon Workers Congress (CWC). This deterred potential renegades.

Notorious referendum

The biggest anti-democratic act of J.R. Jayewardene was the notorious referendum of 1982. He conducted and won a country-wide referendum which extended the term of office of the Parliament elected in 1977 for another six years. Elections should have been held in 1983. Instead it was put off until 1989 via the referendum. This was to retain the UNP’s five-sixths parliamentary strength until J.R. Jayewardene’s presidency ended.

Ironically this was the same JR who objected to the anti-democratic act of the Sirima Bandaranaike Government in extending Parliament’s term by two years from 1975 to ‘77. He resigned his Colombo South seat and contested the 1975 by-election to safeguard democracy and romped home the winner. Now JR had no qualms about extending the life of Parliament by six years.

Executive Presidency

The Executive Presidency has been in existence for 46 years now. The presidential system came in for much criticism from the time of its inception. The blame for almost everything that has gone wrong in Sri Lanka has been laid at the door of JR’s Executive Presidency. 

It became the politically correct fashion of the day to condemn the executive presidency as the root of all evil in the Island. From the time of the revolt led by Gamini Dissanayake and Lalith Atulathmudali against former president Ranasinghe Premadasa in 1991, Sri Lankan political discourse was permeated with strident demands for the abolition of the executive presidency.

The first Sinhala “talkie” film to be made was released in 1947. The title of the film was “Kadawunu Poronduwa” meaning broken promise. What the Sri Lankan people have been seeing for more than 30 years is a long line of broken promises as far as the promise to abolish the executive presidency is concerned. What the country has been witnessing is the spectacle of presidential candidates pledging to abolish the executive presidency during elections and not fulfilling their promises after being elected. 

Various Governments have come and gone. Different Presidents have come and gone. But the Executive Presidency goes on and on. The chief reason for this is the inability or unwillingness of political parties in general and the main parties in particular to arrive at a consensus on abolishing the Executive Presidency. 

The Executive Presidency can be abolished or downsized only through a constitutional amendment or a new constitution. This requires a two-thirds majority in Parliament and endorsement by the people at a referendum. The regimes commanding a two-thirds majority in Parliament did not want to do away with the presidency. The regimes wanting to eliminate the Executive Presidency could not acquire a two-thirds majority. 

Alfred Tennyson’s brook

Where there was power there was no will. Where there was will there was no power. Hence a consensus of key political parties on abolishing the Executive Presidency remains as elusive as ever. Presidents may come and Presidents may go but JR’s Executive Presidency like Alfred Tennyson’s brook goes on for ever.

(The writer can be reached at [email protected].)