The rule of law is essential for the survival of a democratic political system. If the rule of law is broken, the democratic political system is also harmed.
Bringing LTTE leader Velupillai Prabhakaran under the rule of law is supposed to be the main challenge before the country in enforcing the rule of the law.
However, before thinking of bringing Prabhakaran – who is fighting a war from the jungles – under the law, it would be desirable to compel the President, the cabinet and heads of the judiciary and other administrative arms to respect the rule of the law.
If the very people who have taken an oath to defend the Constitution and who have an obligation to enforce and interpret the constitution are instead flouting it, then it is more serious a matter than Prabhakaran – who does not recognize the Constitution – flouting it.
The intent of the recently passed 17th Amendment to the Constitution was to minimize the effects of political interference on the judiciary, the public service, the police and the Elections Department.
Although it has not been possible to set up an Election Commission, the Amendment gives the Election Chief all the powers of an Election Commission until such a commission is set up.
In a democracy, sovereignty lies in the people. The people exercise their sovereignty through elections where their representatives are elected.
The aim of enacting an independent Election Commission was to do away with the possibility of the government in power using or misusing state power and state resources.
However, even before the ink on the 17th Amendment could dry, the President and her Cabinet, are allegedly using state power and resources to the maximum for election activities.
The government increased the salaries of the government servants.
The government made non-permanent public servants permanent.
The government has distributed Rs. 1000 million at the Pradeshiya Secretariat level without parliamentary approval.
The government is using resources such as funds, vehicles and employees for electoral activities.
In disregard of the election laws, the government is using the state media for its propaganda work.
Although the 17th Amendment has vested in the Election Commissioner enormous powers, it appears he is not using these powers to put an end to the abuse of state resources.
The judiciary which is the only institution that can enforce the law in such instances of state abuse also appears to be ineffective.
When a politician came before the Supreme Court stating that Wayamba Provincial election malpractices might be repeated at the subsequent Provincial elections too and asked court to order relevant authorities to take necessary action to ensure a free and fair election, the Supreme Court of the day saw the merits of the petition.
It ordered the election commissioner and the IGP to take all necessary steps to ensure a free and fair election and to inform the Supreme Court of the steps taken. However, things are not as progressive today as they used to be. During the election 2000, when two petitions were filed in the Supreme Court against the state media, the two petitions were dismissed even without an inquiry.
Thereafter, subsequent to the passage of the 17th Amendment, when there were petitions seeking the enforcement of that law at this election, the Supreme Court followed a similar trend.
General elections are held for the people to elect a government of their choice.
After the announcement of an election, the ruling party becomes a caretaker government and that caretaker government has an obligation to act in such a way so as not to cause any obstacle to the democratic process of electing a government.
If a caretaker government disregards this principle and uses the power of the state to secure victory by violent and corrupt means, then the social approval for a democratic political system also collapses.
Its final outcome will be that the struggle for power that should occur within a peaceful and democratic way will be transformed into a struggle conducted by violent means.