In any democratic political system, there has to be a division of power among the legislature, the executive and the judiciary. For the suste- nance of a democratic political system there have to be checks and balances among those centers of power. What influences those checks and balances are the comprehension of their own social responsibilities by those centers of power. When the inter-connection that should exist among these cent- ers of power is disrupted, the whole body politic goes into disarray. If society lacks the wisdom to untangle that disarray, that state becomes a failure. Sri Lanka has now arrived at that position.
Although Sri Lanka has already become or is fast becoming such a failure, the academics of Sri Lanka are wholly opposed to the labeling of Sri Lanka as a failure. They are opposed to it because they are genuinely against Sri Lanka coming under the control of the United Nations. Unfortunately, however, these academics make no powerful intervention to correct the path followed by the country.
The term ‘failure state’ implies a lack of civilization as well as a lack of education. It also implies a state of ignorance that the country is unable to conduct an administration of its own.
We might be more educated and more civilized than some of the coun- tries that have become failures and have come under the administration of the UN, but we have been unable to prove that we have the education, the civilization or the discipline required to maintain an able state.
In any civilized and democratic state the constitution is considered the primary law. The constitution might have shortcomings. Until a new constitution is enacted or until the existing constitution is amended or revised, it is the duty of the legislature, the executive and the judiciary to respect and defend the existing constitution.
Although Sri Lanka is educated and civilized, in the matter of the constitution, the country is in an un- educated and uncivilized condition. The legislature, the executive and the judicature do not respect the constitu- tion. None of those centers of power considers that honoring the constitu- tion is an essential condition for the survival of the political system.
The disregard shown by the legislature, the political parties rep- resented in it, and the judiciary to the provisions introduced by the 17th amendment to the constitution may be considered the best illustration of this fact.
The country is now in the throes of a Presidential election campaign. However, no elections commission has been set up so far. The Presi- dent objected to one of the persons included in the list of names recom- mended by the constitutional council. Although the constitutional council inquired into the allegations leveled by the President against that person and found him to be innocent, and referred the list back to the President, she did not give it her approval.
Thereafter the commissioner of elections went before the courts. He requested the judiciary to do him justice because he is unable to go on retirement although he has reached the age of retirement, because the elections commission has not been established. The judiciary’s reply was “Sorry, but there is nothing we can do”.
The parliament too showed no interest in solving this crisis. The parliament did not even go so far as to debate the question. A Presidential election will now be held without an elections commission. No one can tell what might happen if in the midst of the Presidential election a situation arises in which the elections commissioner finds it impossible to function in his post.
That is only one of the illustrations of the President’s irresponsibility. The position of those who grapple for the post of head of state cannot be considered to be any better. This is one of the instances that shows the irresponsibility of the leaders of the parties in the parliament, including the two contestants in the Presidential election.
Several months have passed now since the expiration of the terms of office of the members of the consti- tutional council. The responsibility of appointing new members to the constitutional council with the consent of the leaders of the minor parties, too, devolves on the Prime Minister and the Leader of the Opposition. It is those two who are contesting now for the future leadership of our country, as Presidential candidates.
As the constitutional council has become inactive, it has become impossible to fill the vacancies in the court of appeal. In addition, the IGP is to retire in November, and the terms of office of the members of the Police Commission and the Public Service Commission are due to expire.
However, there is no constitutional council yet. The leaders of the minor parties represented in the parliament, as well as the two Presidential candi- dates, do not appear to be interested in establishing it. This is an indication of the tragic level to which the state administration in Sri Lanka has fallen today.