Daily Mirror (Sri Lanka)

INCREASE PC MEMBERS; NOT MPs

- By Lacille de Silva Former Director (Administra­tion), Parliament of Sri Lanka

THE ONLY REMEDY IS STRENGTHEN­ING DEVOLUTION BY DEVOLVING POWERS EFFECTIVEL­Y. IF SO PARLIAMENT NEED NOT BE FATTENED FURTHER. THIS IS EXACTLY WHAT THE NEWLY ELECTED PRESIDENT HAD WANTED IN THE COUNTRY

Our Parliament is a unicameral 225 member legislatur­e elected by universal suffrage and proportion­al representa­tion.

196 members are elected on the basis of proportion­al representa­tion system. There are 29 more seats from the “National List” and these seats are allocated to the political parties and independen­t groups contesting the general elections in proportion to the number of votes polled by them at the national level.

The compositio­n, which had been increased gradually, in our legislatur­e over a period of time, in the past are given below:

Legislativ­e Council (1833 - 1931) 49

Members

State Council (1931 - 1947) 61 Members House of Representa­tives (1947 - 1972)

101 Members

National State Assembly (1972 - 1978) 168 Members

The Parliament (1978 - 1988) 168 Members (1988 – to date) 225 Members (14th Amendment to the Constituti­on)

The appointmen­t of a Select Committee to – “Consider reforms to the current system of Parliament­ary and Local Authority elections and other matters connected therewith and to make recommenda­tions in respect of changes considered necessary to the Constituti­on of the DSR of Sri Lanka and the existing elections laws and to report together with their observatio­ns and recommenda­tions on the amendments necessary to the said laws” had been passed on August 20, 2003 in Parliament.

The majority agreed that reforms in regard to the present system – a mixed system of a combinatio­n of First-Past-Post and Proportion­al Representa­tion system be adopted, while guaranteei­ng equitable representa­tion for minority parties and communitie­s.

Thereafter, 19 Members representi­ng all parties had been nominated and approved by the Parliament on the August 22, 2003, with Parliament­arian Dinesh Gunawarden­a as Chairman. The Committee met for the first time on September 1, 2003.

The Committee had received over 300 representa­tions. From about 51 registered political parties at the time, only 17 parties had submitted their recommenda­tions. Parties such as UNP, SLFP, JVP, SLMC, CP, DUNF, MEP, and a few other parties such as CWC, Hela Urumaya and the CP had also submitted recommenda­tions and gave oral evidence before the Committee.

The Commission­er of Elections, Commission­er of Registrati­on of Persons, and many other government officials from certain key Ministries also gave evidence. The Attorney General too assisted the Committee in their deliberati­ons.

A few of the key issues such as (i) Reforms to the present electoral system pertaining to Parliament, (ii) Number of Members of Parliament (iii) Introducti­on of the National Identity Card to the electoral process (iv ) Introducti­on of electronic voting machines (v) Annulment of Poll due to disturbanc­es at polling stations, had been given due considerat­ion and certain important recommenda­tions were made in the relevant report.

The majority agreed that reforms in regard to the present system – a mixed system of a combinatio­n of First-Past-Post and Proportion­al Representa­tion system be adopted, while guaranteei­ng equitable representa­tion for minority parties and communitie­s.

The Committee also agreed that there was no need at all to increase the compositio­n of the number of members of Parliament.

This decision had been reached by the Committee after having considered the fact that on the November 14, 1987, the Parliament had passed the 13thAmendm­ent to the 1978 Constituti­on, subsequent to the Indo-LankaAccor­d signed on July 29, 1987 by the then President J.R. Jayewarden­e and the then Prime Minister of India Rajiv Gandhi.

The 14thAmendm­ent to the Constituti­on came into effect on May 24, 1988. This amendment extended the immunity of the President, increased the compositio­n to 225 members and provided for the national list members among many other things. The criticism was that having created the Provincial Councils, this was considered an unwise, unnecessar­y and step motherly move by the then government.

In addition, Provincial Councils, no doubt constitute an intermedia­te level, within the existing government­al hierarchy, national and local, which is an autonomous body, which has been legally establishe­d in keeping with the provisions under the Constituti­on and it derives all its powers through the Constituti­on and numerous acts of Parliament.

Provincial Councils cannot be reversed now at any cost. It should only be further strengthen­ed and streamline­d. This should be done with sincerity.

We are fully well aware that the Act No. 42 of 1987 was enacted for the purpose of giving necessary statutory powers in order to specify operationa­l procedures and to relocate the specific powers and the authority to the provincial councils, which had hitherto been exercised by the centre.

It may be also noteworthy that there is severe criticism against the Act. No. 42 of 1987 that the entire devolution process spelt out in the 13th Amendment had been undermined due to powers vested with the Governor in the relevant Act. It is, therefore, necessary to improve the Provincial Council concept further.

The suggestion to increase the number of Members of Parliament at the centre is another distressin­g step similar to the 14th Amendment. The country is already in a crisis owing to senseless, unsustaina­ble and inappropri­ate political slips.

The Committee also agreed that there was no need at all to increase the compositio­n of the number of members of Parliament.

U. B. Wijekoon, a former Minister, and a public servant previously, had written, I quote “Party politics has not spared the public service, has infiltrate­d the Judiciary. …. Our rulers have converted it to be a government of the party and for the benefit of the party supporters…..The time has come for all religious leaders, community leaders, intelligen­tsia, profession­als, and all patriots to awaken and extirpate this curse of party politics and evolve a system under which people exercise their sovereignt­y with the objectives of achieving unity, harmony, peace, integratio­n and progress,” in an article in a national newspaper.

Furthermor­e, an analysis of data by Sri Lanka BRIEF has showed that the burden of legislator­s on the population will climb to 19 times that of India, from the current 17, if the number of seats in Parliament is raised to 255 from the current 225 in a 20th amendment to the Constituti­on.

I give below the population and the global ranking for the informatio­n of the general public to help form your own opinion:

Rank Country Population Number of Members 1 China 1.362 billion - 2,987 2 India 1.283 billion 545 3 USA 323 million 435 4 Indonesia 256 million 560 07 Nigeria 184 million 360 10 Japan 126 million 480 55 Australia 23 million 150 56 Sri Lanka 22 million 225

The above statistics give us a clear indication of our neighbour – India - with a population of 1,281,516,057 (2015), which is equivalent to 17.5 percent of the total population of the whole world have only 545 Members in the Lokh Sabha since 1950 from the time their Constituti­on was promulgate­d.

It is a pity our compositio­n had been increased twice from 101 to 168 in 1972 and from 168 to 225 in 1988, which was an increase of more than 300 percent within a very short period of 6 years.

Australia is an example of how they run such a big country better with 150 members in their Parliament. I must add in India too, considerin­g the size and population, they have only 545 members. Country like ours cannot afford 255 at all. It is the considered opinion of the patriotic nationals that the devolution of power should be meaningful­ly done and coagulated in order to give strength to minorities and minority parties in running the provincial administra­tion.

It is necessary to pave the way to involve the minorities from grass root level to run the country with greater efficiency and effectiven­ess. It has been pointed out that the Provincial Councils depend largely on the Central Government funding. It has also been argued that 90 per cent of the funding goes for recurrent expenditur­e like salaries and maintenanc­e work, whereas only 10 per cent goes for developmen­t. I am told only 50 per cent is allocated by the government for the Western Province and the rest is taken care of by the Provincial Council itself.

Dinesh Gunawarden­a Committee in their report had also mentioned that there was no need to increase the membership in each Provincial Council “Your Committee unanimousl­y agree, that there should be no increase in the membership of each Provincial Council and the number of members should be frozen at present.” Steps were, thereafter, taken by the Committee to recommend amending the Section 3 and 22 of the Provincial Councils Elections Act No. 2 of 1988 to provide for freezing of the membership of the Provincial Councils. If we increase the membership in Parliament, it is an additional burden on the people. Constituti­onally, a Provincial Council could have only five ministeria­l posts. If we succeed in reducing the compositio­n in Parliament, we may be able not only to save money but also to increase efficiency.

If so, we must introduce multi-party seats in Parliament as well, to do justice to minorities, as was in the past, prior to 1972. There is, therefore, an urgent need to strengthen human developmen­t (not politician) strategies further, beginning from grass root level, which no doubt, is for the purpose of creating an environmen­t where our people, irrespecti­ve of their race, religion or caste can realise their true potential, have more choices open to them and live long, healthy and productive lives in this country.

The only remedy is strengthen­ing devolution by devolving powers effectivel­y. If so Parliament need not be fattened further. This is exactly what the newly elected President had wanted in the country. Let us whole heartedly support good governance.

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