Demystifying System Change Sri Lankan Debacle

Demystifying System Change

 Sri Lankan Debacle

Common thread of 76 years

In all three constitutions, that of Soulbury’s 1948 and Colvin’s 1972 and that of JRJ’s 1978, Executive i.e the Cabinet was part of legislature except President in the last one. All of them violated separation of powers.

The Executive tweaked the laws to get what they wanted personally at the expense of Citizens

It worked well only when there was a Visionary leader who had love of the country and failed when corrupt leaders with shrewdness got the power. As a system, both do not withstand reliability and robustness test at all.

Unfortunately, we did not have visionary Leaders. Our leaders

—  Created racism and divide the country

—  made corruption standard

—  Caused Economic collapse

—  made people Dependent on funds dole out of state

—  Made Rule of Law very weak.

Cheating By current Leaders

Hue and cry by current political leaders that Presidential system is the cause of all evils is the reflection of their greed to retain both legislative and Executive powers in their hands. Most of the worst laws were passed before Presidential system starting from disfranchising the Indian labor to the Politicization of the Bureaucracy

Patching the system by Constitutional councils and independent commissions will not solve the problem when there is a structural weakness

Current Principles of Robust Governance System

Three underlying Principles have evolved as the requirements of robust reliable governance system

—  Vertical separation of powers

—  Horizontal separation of powers

·      Checks and balances

Example of  Complete segregation power Switzerland

Another small country Switzerland with 5 million population from 1848, has a Legislative elected but not part of Legislature but independent executive council of 7 members with complete vertical separation of powers and 26 cantons or states with horizontal separation of powers with 4 official languages German 62% of population, French, Italian and Romash spoken by only 0.5% of the population. I could not find out the mechanism of checks and balances in the Governance system of Switzerland due to want of time. When 26 canons are effective for a population 5 million, is 9 provincial councils or 5 Regional councils too much for a population of 22 million. Opposition to devolution is not because of waste of resources, or white elephants but the undercurrent of Racism or desire for concentration of power on a very few. with executive and legislative power.

Example of  Complete segregation power USA

A large country USA with 330 million population with completely independent People elected Executive president with 15 President selected non-legislature Ministers with complete vertical separation of powers and  52 States. with horizontal separation of powers and senate sectoral oversight committees ensuring fundamental checks and balances, Successfully from 1786 to date.

Need of the hour

Unless otherwise we design a Governance system for us incorporating three basic, we can not a ensure having a system that will look after the Citizens of the country all the times

—  Vertical separation of powers

—  Horizontal separation of powers

—  Checks and balances

By Kugathas Ramathas / Colombo / Sri Lanka