The year 2024 is a year of election as 49 percent of the world population votes to choose their government and Sri Lanka is one among them. The island nation stands at crossroads, grappling with the aftermath of an economic crisis. Hence, the election becomes exceptionally crucial for Srilankans. It is important to note the economic crisis caused by multiple reasons brought social and political turmoil to the island nation.
Ahead of the election, Sri Lanka’s two leading presidential candidates, Leader of Opposition Sajith Premadasa and Leader of the National People’s Power alliance Anura Kumara, have promised to abolish the executive presidency, which was introduced in 1978 constitutional amendment and replace it with a parliamentary system. In order to understand the politics of Sri Lanka and what the executive presidency is, understanding Sri Lanka’s political system is essential.
Nature of Political System
Sri Lanka’s political system is a blend of presidential and parliamentary democracy, a structure that has been the subject of much debate and several constitutional amendments since the country gained independence in 1948. The President, directly elected by the people, serves as both head of state and head of government, while a unicameral parliament of 225 members wields legislative power.
In a semi-presidential system of governance, which combines elements of both presidential and parliamentary systems, the President is the head of state, head of government, commander-in-chief of the armed forces, and appoints and heads the Cabinet Ministers. The people directly elect the President for a five-year term. As the chief of the Executive and Head of the Cabinet of Ministers, he appoints the Prime Minister and all other ministers from among the Members of Parliament and presides over all Cabinet meetings. The Prime Minister is considered the number two in the Executive hierarchy but he should enjoy a majority in Parliament. Apart from having a portfolio allotted by the President, the Prime Minister steps in if the President is unable to perform his duties due to illness or absence from the country.
A Unitary Polity with Unicameral Legislature
Sri Lanka has a unicameral parliament with 225 members, which serves a five-year term. One hundred ninety-six members are elected through a proportional representation system, and 29 members are elected through a national list based on the proportion of votes each party receives.
The 13th Amendment to the Constitution in 1987 introduced the provincial councils in SriLanka’s political system in order to decentralize power and address ethnic tensions which were arisen between Tamil and Sinhalese.The whole country is divided into 22 electoral districts and seats are allotted based on the population of each district by the Election Commission
Sri Lanka has a multi-party system, with several major parties and numerous smaller ones. Traditionally, the dominant parties are the United National Party (UNP), the Sri Lanka Freedom Party (SLFP), and Samagi Jana Balawegaya. New parties and coalitions, such as the Sri Lanka Podujana Peramuna (SLPP), have also emerged in recent years.
This system has often led to periods of political gridlock and power struggles between the executive and legislative branches. The concentration of power in the presidency has been a particular point of contention, with critics arguing that it has led to authoritarian tendencies and a lack of accountability.
The origin of Constitutional Crisis
The executive presidency, which gave unfettered power and significant immunity to the President’s office, is a controversial system of governance that was introduced by former president J.R. Jayewardene in 1978 on the lines of the French 5th Republic. The system repeatedly resorted to decisions widely deemed authoritarian. Before 1978, Sri Lanka had a Westminster-style parliamentary form of government. Several scholars, researchers and political activists in Sri Lanka have repeatedly advocated abolishing the executive presidency as this system has not delivered the aim for which it was introduced: accelerated economic growth and development, communal harmony, and political stability 46 years ago. These experts observed that “Executive presidentialism has only had a negligible impact on development, it has worsened rather than improving the political stability, by accelerating ethnic divide. It has also allowed authoritarianism, corruption and incompetence to trump the common good of Sri Lanka and Sri Lankans.” A renowned professor of Law, Deepika Udagama, from the University of Peradeniya, compared the executive presidency to cancer and said, “Such concentration of power bodes ill for democracy” in a media conference organized by civil society members of Colombo.
The 20th Amendment
The President can summon, prorogue and even dissolve the House and even call for a referendum as per the requirement. With the passage of the 20th Amendment to the Constitution (October 2020), Presidential powers have been enhanced making the role of the Prime Minister more or less ceremonial. Parliament can be dissolved by the President after two-and-half-years of its election, unlike the earlier provision of four-and-half years. The amendment restored many of the powers that had been reduced by the 19th Amendment. The amendment reduced the power of the judiciary and Parliament in checking the president’s authority, including the president’s discretion in appointing senior judges and the Attorney General.
However, almost all presidential candidates in the last four decades have reiterated the promise of abolishing the executive presidential system before being elected but they have forgotten when they have elected and begun enjoying that power. Former President Chandrika Bandaranaike Kumaratunge proposed the abolition of the executive presidency and won the 1994 presidential election. But eventually, she did not abolish it. Hence, the road is not swift for Sri Lankan people to get rid of it. The dominant political forces have traditionally been the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP). However, in recent years, new political alliances and parties have emerged, reshaping the political landscape. The Rajapaksa family, which has played a significant role in Sri Lankan politics for decades, saw its influence wane dramatically following the economic crisis and protests of 2022. But the island nation is yet to find a leader who would get to the top, and then agree to renounce his or her power.
