New constitution needed with strong provisions to eradicate corruption and ensure good governance

The Buddhasasana Karyasadhaka Mandalaya writes to President and party leaders

The Buddhasasana Karyasadhaka Mandalaya made up of monks and eminent persons has submitted its proposals to the Government and party leaders to be considered in proposed constitutional changes.

The Mandalaya noted it is undeniable that the root cause of the present crisis is corruption and gross mismanagement of the affairs of the State. To eradicate "corruption" and to bring back "good governance", a system change is an absolute necessity and this could be achieved only through a proper constitutional framework being put in place.

“It is our considered opinion, therefore, that the country could be back on track with a new constitution, replacing the 45 years’ old constitution that has been amended 20 times since its enactment. The new constitution to be enacted should be reinforced with strong provisions to eradicate corruption and to ensure good governance," a statement from the Mandalaya said.

They pointed out that there is an urgent need to put a stop to state assets being sold without adhering to tender procedure.

“Alienation of public property should not be permitted for any reason whatsoever. When selecting investors or procuring goods and services, it is essential to adhere to tender procedure. It is only then that we can ensure that we get the best deal. Therefore, it is necessary that we establish a Procurement Commission with the power to intervene when assets of the State are to be disposed without calling for tenders”.

“The Procurement Commission established under the 19th Amendment, and the one which is contemplated by the enactment of the 21st Amendment do not provide for such a power to be exercised by the Commission. Punishing errant officials, politicians, or ministers is not sufficient because the loss to the country cannot be redeemed thereby”.

“Meritocracy should be the guiding principle in the selection of all state officials. The 17th and 19th Amendments provide for the establishment of a Constitutional Council consisting mainly of politicians. The Constitutional Council that is to be created by the proposed 21st Amendment of the government consists of 9 members having the right to exercise their vote, of which six are politicians. The country is now experiencing the consequences of such political appointments. We are of the view that selections to top posts should be from among those recommended by a body consisting of independent professionals. This is a matter that has to be rectified unquestionably in a new constitution. The provisions contained in the new draft of a constitution submitted by the Experts Committee in this regard meet this requirement”.

“No member of Parliament should be permitted to sell their vehicles imported with duty concessions during their term of office. We commend the provisions incorporated in the experts’ committee draft in this regard, including the provisions making it mandatory for MPs to declare their assets before taking of oath in Parliament and imposing heavy penalties for making false declarations.

If the powers of the President elected by popular vote is transferred to a Prime Minister, who is beholden to those in parliament who had supported him to acquire the required majority in parliament, it would be no longer possible to intervene against illegal acts of provincial councils manipulated by extremists.

“The existing electoral system facilitates corruption in governance. Therefore, we are strongly of the view that we should revert to the "first past the post system" that existed prior to 1978 and will allow a member of parliament to represent the people in one electorate.”

“The 13th Amendment which was forced on Sri Lanka vest many powers, including police and land powers, in the Provincial Councils. There is some control over the exercise of these powers due to the existence of an Executive President. Article 154 B (2) empowers the President to intervene against illegal or improper exercise of power by a provincial council.

If the powers of the President elected by popular vote is transferred to a Prime Minister, who is beholden to those in parliament who had supported him to acquire the required majority in parliament, it would be no longer possible to intervene against illegal acts of provincial councils manipulated by extremists.

Therefore, we categorically state that the executive presidential system should not be done away with, without abolishing the 13th Amendment and rectifying the electoral system.”

The statement was signed by Ittepane Dhammalankara Mahanayaka Thera, Balangoda Sobitha Nayaka Thera, Diviyagaha Yasassi Nayaka Thera (President) Tirikunamale Ananda Mahanayaka Thera (Joint Secretary), Matale Dhammakusala Anunayaka Thera, Kandegoda Wimaladhamma Anunayaka Thera, Prof. Medagama Nandawansa Thera, Prof. Kongastenne Ananda Nayaka Thera, Prof. Thumbulle Seelakkhanda Nayaka Thera, Dr. Bellanwila Dhammarathana Thera and Siri Vajiraramaye Nyanasiha Thera.