{"id":76911,"date":"2022-05-07T02:22:08","date_gmt":"2022-05-07T06:22:08","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=76911"},"modified":"2022-05-07T22:42:41","modified_gmt":"2022-05-08T02:42:41","slug":"will-the-executive-presidency-go-out-if-gota-refuses-to-go-home","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=76911","title":{"rendered":"Will the Executive Presidency &#8220;Go Out&#8221; If Gota Refuses to Go Home?"},"content":{"rendered":"<p><strong>by D.B.S.JEYARAJ <\/strong><\/p>\n<p>\u201cGo Home Gota\u201d and\/or \u201cGota Go Home\u201d is the resounding clarion  call that  is  currently motivating  and mobilizing  a number of protest demonstrations throughout  Sri Lanka.  The underlying thread is that  Sri Lanka\u2019s Executive  President  Gotabaya (Gota) Rajapaksa should resign  and quit. The social media too is replete with demands of a similar nature.<\/p>\n<p><img decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/76C475A6-572E-4D3C-8341-79EBD3C62F7A-600x728.jpeg\" alt=\"\" width=\"600\" height=\"728\" class=\"aligncenter size-large wp-image-76926\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/76C475A6-572E-4D3C-8341-79EBD3C62F7A-600x728.jpeg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/76C475A6-572E-4D3C-8341-79EBD3C62F7A-247x300.jpeg 247w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/76C475A6-572E-4D3C-8341-79EBD3C62F7A-768x931.jpeg 768w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/76C475A6-572E-4D3C-8341-79EBD3C62F7A-730x885.jpeg 730w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/76C475A6-572E-4D3C-8341-79EBD3C62F7A.jpeg 1689w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><\/p>\n<div id=\"attachment_76921\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-76921\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/A99D889B-072E-4FBB-9B1E-FF0ED494491B-600x338.jpeg\" alt=\"\" width=\"600\" height=\"338\" class=\"size-large wp-image-76921\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/A99D889B-072E-4FBB-9B1E-FF0ED494491B-600x338.jpeg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/A99D889B-072E-4FBB-9B1E-FF0ED494491B-300x169.jpeg 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/A99D889B-072E-4FBB-9B1E-FF0ED494491B-768x432.jpeg 768w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/A99D889B-072E-4FBB-9B1E-FF0ED494491B-730x411.jpeg 730w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/A99D889B-072E-4FBB-9B1E-FF0ED494491B.jpeg 2048w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><p id=\"caption-attachment-76921\" class=\"wp-caption-text\">&#8220;#Go Home Gota&#8221; 2022 Protest<\/p><\/div>\n<p>Even the \u201c Boney M\u201d Group\u2019s 1979 Album \u201cOceans of Fantasy\u201dlead single \u201cGotta Go Home\u201d has acquired a fresh lease of life  in the internet among those who want Gota to go home. Indeed the repetitive refrain \u201cGotta go home, home, home, Gotta go home\u201d sounds most appropriate to the prevalent  domestic political situation.<\/p>\n<p>The Boney M song also has the line \u201cGoing back home , Going back home\u201d. That however does not seem possible at least  for now.  Gota  does  not want to go home!<\/p>\n<p><!--more--><\/p>\n<p><iframe loading=\"lazy\" width=\"560\" height=\"315\" src=\"https:\/\/www.youtube.com\/embed\/hBP9txbREWI?controls=0\" title=\"YouTube video player\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture\" allowfullscreen><\/iframe><\/p>\n<p><em>Boney M song<\/em><\/p>\n<p>Chief Government Whip  and Highways  Minister Johnston Fernando  has stated in Parliament  that President Gotabaya Rajapaksa would not resign. \u201cAs a responsible government, we state that President Gotabaya Rajapaksa will not resign from his post, under any circumstances,\u201d Minister Fernando  reportedly said. Apparently President Rajapaksa feels that 6.9 million citizens of the country  who voted  for him  have provided a Mandate that cannot be overturned by mass demonstrations.<\/p>\n<p>According to informed SLPP circles , President Gotabaya accepts  that the people are protesting  living conditions like shortages, rising prices, loss of livelihood decline of the rupee\u2019s value etc. The people wanted these problems to end and their initial demonstrations were organic and genuinely spontaneous. However Gotabayaota opines &#8211; according to  SLPP circles &#8211; that  Sajith Premadasa  his chief rival at the 2019 hustings diverted the protest demanding  immediate action to resolve  these  problems into an agitation demanding the President\u2019s resignation and a handover of Govt to the \u201cSamagiya Jana Balawegaya\u201d (SJB).  Therefore  Gota  invited the  opposition parties including the SJB to join a  new  interim Govt. This was spurned and the call for Gota to resign was  renewed. As Such Gota will  not yield  and instead \u201cstay put and fight\u201d say these  sources.<\/p>\n<p>Against this backdrop it is now becoming increasingly clear that President Rajapaksa is not going to resign and  cant be compelled to   quit if he is not  willing to do so. The inability or unwillingness of those opposed to him to cobble together a united  \u201chostile majority\u201d  with a single-minded purpose indicates that  even extreme measures   like a no confidence motion against the Govt   or  an impeachment of the President are unlikely to bear fruit. Recent writings by former Justice ministry secretary Dr. Nihal Jayawickrama  have made the Constitutional position  very clear on this.  Therefore the situation now is in a sense a stalemate.<\/p>\n<p><strong>Sajith Premadasa<\/strong><\/p>\n<p>However in a surprising   move , SJB Leader and leader of the opposition Sajith Premadasa  called on all parliamentarians to seize the opportunity at hand and support legislation to abolish the Executive Presidency. Speakig in Parliament on April 5  Sajith   Premadasa said  \u201cThe time has come to abolish the Executive Presidency. Let us use this opportunity to change this system and introduce one with checks and balances. Let us use all the available emergency constitutional tools available and within this week bring laws to abolish the Executive Presidency,\u201d<\/p>\n<div id=\"attachment_76927\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-76927\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/2AE98F70-2F55-4D35-9B44-0C6610F66BD9-600x338.jpeg\" alt=\"\" width=\"600\" height=\"338\" class=\"size-large wp-image-76927\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/2AE98F70-2F55-4D35-9B44-0C6610F66BD9-600x338.jpeg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/2AE98F70-2F55-4D35-9B44-0C6610F66BD9-300x169.jpeg 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/2AE98F70-2F55-4D35-9B44-0C6610F66BD9-768x432.jpeg 768w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/2AE98F70-2F55-4D35-9B44-0C6610F66BD9-730x411.jpeg 730w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/2AE98F70-2F55-4D35-9B44-0C6610F66BD9.jpeg 1280w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><p id=\"caption-attachment-76927\" class=\"wp-caption-text\">Sajith Premadasa<\/p><\/div>\n<p>The opposition leader\u2019s call to abolish the executive presidency  was most welcome to all those who perceive the executve presidency as a major cause of the country\u2019s ills.  Yet there were some who were doubtful because some of Sajith\u2019s key supporters and advisers  wanted the executve presidency to be retained. Premadasa himself had not been vocally active against the executive presidency. He had also contested the 2019 presidential poll . It was felt in some quarters that Sajith\u2019s call was  merely a tactical response to Johnston Fernando\u2019s assertion  that Gota was not going to resign and nothing more .  Was  Sajith trying to convey an implied threat  that If the executive president was not ready to resign then  the executive presidency itself  be abolished?<\/p>\n<div id=\"attachment_76923\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-76923\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/4AE7F579-A566-46B7-BC56-04CF8C0B08A5-600x300.png\" alt=\"\" width=\"600\" height=\"300\" class=\"size-large wp-image-76923\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/4AE7F579-A566-46B7-BC56-04CF8C0B08A5-600x300.png 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/4AE7F579-A566-46B7-BC56-04CF8C0B08A5-300x150.png 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/4AE7F579-A566-46B7-BC56-04CF8C0B08A5-768x384.png 768w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/4AE7F579-A566-46B7-BC56-04CF8C0B08A5-730x365.png 730w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/4AE7F579-A566-46B7-BC56-04CF8C0B08A5.png 769w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><p id=\"caption-attachment-76923\" class=\"wp-caption-text\">Sajith Premadasa in parliament few days ago<\/p><\/div>\n<p>Much of these misgivings and doubts about Sajith Premadsa\u2019s position diminished by an important  event on the following day \u2013 April 6. It may be recalled that Jaffna District MP and Tamil National Alliance(TNA) spokesperson Mathiaparanan Abraham Sumanthiran had taken the initiative to convene  two multi-party meetings to  discuss the prevailing economic and political crisis afflicting Sri Lanka. The objective was to forge a collective position on these. Leaders and representatives of several political parties had met and engaged in brainstorming sessions. A consensus was arrived at regarding  economic issues and a document prepared and submitted to the President.<\/p>\n<p><strong>\u201cMonarch Imperial Hotel\u201d<\/strong><\/p>\n<p>Now a third meeting  was held on April 6th to discuss the on going political  crisis. Several political party leaders and MP\u2019s participated in a  four hour meeting from 5.30 pm to 9.30 pm at the  \u201c  Monarch Imperial Hotel\u201d in Kotte. Among those who  attended  the meeting were opposition  and SJB Leader Sajith Premadasa, UNP Leader and former PM Ranil Wickremesiinghe,   Former Speaker Karu Jayasuriya,  Muslim Congress Leader and MP Rauff Hakeem, TPA leader and MP Mano Ganesan, Former Ministers and SJB MP\u2019s Eran Wickremaratne and Dr. Harsha de Silva.<\/p>\n<div id=\"attachment_76937\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-76937\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/65F246A8-F07C-4AC5-BDA8-7194BC43A83D-600x325.jpeg\" alt=\"\" width=\"600\" height=\"325\" class=\"size-large wp-image-76937\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/65F246A8-F07C-4AC5-BDA8-7194BC43A83D-600x325.jpeg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/65F246A8-F07C-4AC5-BDA8-7194BC43A83D-300x162.jpeg 300w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/65F246A8-F07C-4AC5-BDA8-7194BC43A83D-768x416.jpeg 768w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/65F246A8-F07C-4AC5-BDA8-7194BC43A83D-730x395.jpeg 730w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/65F246A8-F07C-4AC5-BDA8-7194BC43A83D.jpeg 850w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><p id=\"caption-attachment-76937\" class=\"wp-caption-text\">Ranil Wickremesiinghe<\/p><\/div>\n<p> After intense discussions it was resolved that President Gotabaya  Rajapaksa should heed the voice of the people and resign voluntarily. The Sri Lankan people cutting across ethnicity and religion demand it. Besides no  effective turnaround of the economy is possible  under the Gotabaya Rajapaksa dispensation. Steps should be taken to reduce or eliminate his power. The best way to do that is to abolish the executive presidency itself. The Sri Lankan people would  gladly welcome  the disempowerment of  the  ruling executive president  by abolishing the executive presidency . In short the executive presidency \u201cthrone\u201d on which Gota was sitting would be yanked away from under his posterior.<\/p>\n<p>Sajith Premadasa   stated that the SJB position on abolishing the executive presidency would be officially announced in Parliament the following day though he would not be in the House  due to  the TPA\/SJB   protest rally at Talawakelle. On March 7th   SJB Kandy district MP and Chief Opposition whip Lakshman Kiriella announced in Parliament  that the SJB was committed to abolishing the Executive Presidency. He  said  that the SJB will introduce a draft bill to the House shortly to abolish the Executive Presidency and asked the Government to support the move.\u201cWhen we brought the 19th Amendment to the constitution, we had only 45 MPs but we managed to discuss with all parties and get the needed 2\/3rd support for it. We can do this again,\u201d Kiriella said.<\/p>\n<p><strong>Private Members Bill<\/strong><\/p>\n<p>It is learnt  that  efforts will be underway soon to draft the bill to abolish the executive presidency. It would  most likely be presented to Parliament as a Private members bill by  Leader of the Opposition Sajith Premadasa himself.  It is uncertain at this point of time  as to whether  the bill would be passed with a two-thirds majority by Parliament and subsequently endorsed by the people at a country wide referendum as required by the Constitution.  However  given the speed  at which the SLPP led Govt is disintegrating and the  widespread realization that the country has deteriorated under  the present executive president ,there is much optimism that the bill would  be passed  by Parliament  and approved by the people.  If so  the  abolition of the  executive presidency may be possible at last.  <\/p>\n<p>The fact tht the opposition leader himself is presenting the bill to do away with the executive presidency adds much importance  and weight to the exercise.It is also significant that Sajith is the son of Ranasinghe Premadsa who  was closely  associated with  JR Jayewardene in  introducing the executive presidential system. Jayewardene was the first and Premadasa the second executive president of Sri Lanka.<\/p>\n<p><strong>No Confidence Motion<\/strong><\/p>\n<p> Nevertheless  some political observers were doubtful of Sajith Premadasa\u2019s genuine commitment towards the abolition of the executive presidency. They suspect that Sajith is not keen to bring about real change in political governance but only desires the acquisition of political power. These misgivings were somewhat reinforced when Sajith Premadasa suddenly embarked on a mission to present a no confidence motion (NCM)against the SLPP Government without consulting  other  opposition  parties. Analysts see this as a rash, premature move that would only help the  Govt consolidate itself. Many  Govt  MP\u2019s  who are functioning as \u201cindependents\u201d now may be critical of Basil and the Govt but are not ready to risk  new elections. Hence they would not vote for the NCM. This would strengthen the Govt. Sajith who is often dubbed s \u201cRajapaksa lite\u201d should gve much thought before going ahead with this potentially counter -productive NCM.<\/p>\n<p>What is more important and necessary at this juncture is to do away with the executive presidency. More and more People as well as politicians are becoming convinced that the executive presidency should be abo helplished  for the betterment of the country. Moreover the abolition may even  make it easier for Gota to go home.  Abolishing the executive presidency could provide Gotabaya Rajapaksa  an opportunity to make a dignified exit. Instead o clinging on stubbornly and  facing the ignominy of being dragged out screaming and crying, Gota could help facilitate the executive presidency abolition and \u201cretire\u201d honourably.  <\/p>\n<p><strong>Junius Richard Jayewardene<\/strong><\/p>\n<p>The genesis of the executive presidency in Sri Lanka needs to be examined briefly in order to place the  current moves  connected to the  abolition of the executive presidency  in perspective. As  stated earlier it was Junius Richard Jayewardene (J.R. Jayewardene) known as  JR who masterminded the change of Sri Lanka\u2019s political system from the British Westminster model to that of one closely resembling the French Gaullist Constitution. Power shifted to the president who was transformed from a figurehead to an effective head of state. The post of Prime minister got devalued. Nevertheless JR did work through Parliament also by ensuring that the cabinet would consist of Parliament members only.<\/p>\n<div id=\"attachment_76930\" style=\"width: 369px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-76930\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/834F197A-B0A0-499C-97B8-A06EB390CE48.jpeg\" alt=\"\" width=\"359\" height=\"500\" class=\"size-full wp-image-76930\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/834F197A-B0A0-499C-97B8-A06EB390CE48.jpeg 359w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/834F197A-B0A0-499C-97B8-A06EB390CE48-215x300.jpeg 215w\" sizes=\"(max-width: 359px) 100vw, 359px\" \/><p id=\"caption-attachment-76930\" class=\"wp-caption-text\">J.R. Jayewardene<\/p><\/div>\n<p>JR  had first articulated his vision of a presidential system in December 1966.When Jayewardene was Minister of State in the UNP Government of Dudley Senanayake (1965-\u201970) he made a ground-breaking speech at the Association for the Advancement of Science. J.R. Jayewardene in his keynote address of 14 December 1966 outlined his vision for an executive presidency and argued in favour of a presidential system based on the US and French models.<\/p>\n<p>\u201cThe Executive will be chosen directly by the people and is not dependent on the Legislature during its period of existence, for a specified number of years. Such an Executive is a strong Executive seated in power for a fixed number of years, not subject to the whims and fancies of an elected Legislature; not afraid to take correct but unpopular decisions because of censure from its parliamentary party,\u201d he said. The essence of JR\u2019s \u201cvision\u201d  is in the words \u201can Executive chosen directly by the people not dependent on the whims and fancies of an elected Legislature\u201d.<\/p>\n<p>JR\u2019s advocacy of an executive presidency sent shock waves down the political establishment then. Relations between Premier Dudley Senanayake and State minister JR Jayewardene had deteriorated at that time. Dudley was firmly opposed to the idea. There were few takers for JR\u2019s proposal even within the United National Pary. In that environment JR was unable to push his proposal further but never let go of his vision. J.R. Jayewardene pursued his goal of creating an executive president that was not dependent on Parliament with great zeal and patience.<\/p>\n<p><strong>Constituent Assembly<\/strong><\/p>\n<p>The chance for JR to espouse his executive president vision in the form of a tangible proposal came six years later during the United Front (UF) Government of Sirimavo Bandaranaike (1970-\u201977). Parliament had converted itself into a Constituent Assembly to draft a new constitution. JR was then the Leader of the Opposition while Dudley Senanayake remained Leader of the UNP. <\/p>\n<p>On 2 July 1971, JR moved a resolution in the Constituent Assembly. It read as follows: \u201cThe Executive power of the State shall be vested in the President of the Republic, who shall exercise it in accordance with the provisions of the Constitution. The President of the Republic shall be elected for seven years for one term only by the direct vote of every citizen over 18 years of age. The President of the Republic shall preside over the council of ministers.\u201d<\/p>\n<p>JR\u2019s motion was seconded at the Constituent Assembly by Ranasinghe Premadasa who was then the Colombo Central MP and Chief Opposition Whip. JR argued eloquently, within the Constituent Assembly, in support of an executive presidency. The motion was shot down then .Constitutional Affairs minister Dr. Colvin R de Silva led the Govt onslaught against JR\u2019s proposal. Even the majority of UNP Parliamentarians were not supportive as party leader Dudley Senanayake himself was firmly opposed to the idea. The JR \u2013Premadasa motion was rejected by the Constituent Assembly then.<\/p>\n<p><strong>1972 Republican Constitution<\/strong><\/p>\n<p>The UF Government brought in the new Republican Constitution on 22 May 1972. The Governor General position under the earlier Soulbury Constitution gave way to the post of President. Power was vested in Parliament known then as the National State Assembly and while President William Gopallawa was the titular Head of State, the real power was retained by Prime Minister Sirimavo Bandaranaike.<\/p>\n<p>Dudley Senanayake passed away in 1973 and JR succeeded him as UNP Leader. He soon established his leadership position and brought the party under his full control. JR was now able to pursue his vision of an executive presidency from a strong position.<\/p>\n<p>Parliamentary Elections were held in July 1977. The UNP manifesto of 1977 stated, \u201cExecutive power will be vested in a president elected from time to time by the people. The Constitution will also preserve the parliamentary system we are used to and the prime minister will be chosen by the president from the party that commands a majority in Parliament and the ministers of the cabinet would also be elected members of Parliament.\u201d<\/p>\n<p>The change to an executive president from prime ministerial system was a key aspect of the UNP electoral campaign in 1977. The UNP swept the polls and obtained 141 out of the total 168 parliamentary seats. J.R. Jayewardene became Prime Minister in July 1977. He began moving fast towards his cherished vision of an executive presidency.<\/p>\n<p><strong>2nd Constitutional Amendment<\/strong><\/p>\n<p>JR and a small group of ministers and party stalwarts in association with leading lawyer Mark Fernando (later a Supreme Court Judge) started working towards the goal of introducing the executive presidency. The preliminary discussion was on 7 August 1977. An amendment to the Republican Constitution of 1972 was first drafted. After discussions in Cabinet it was approved and certified by the Cabinet as \u201curgent in the national interest\u201d.<\/p>\n<p>Thereafter it was sent by the Speaker to the Constitutional Court which prevailed at that time, as an \u201curgent bill\u201d. The Constitutional Court approved the bill within 24 hours as stipulated. It was then presented to the National State Assembly for debating and voting. The bill was adopted by the then National State Assembly on 22 September 1977 as the Second Constitutional Amendment. Executive power was transferred to the President and JR Jayewardene became the first Executive President of Sri Lanka on Independence Day, 4 February 1978.<\/p>\n<p>Meanwhile JR was also working towards the goal of replacing the 1972 Constitution in its entirety with a new one. On October 20th 1977 the National State Assembly passed a resolution enabling the then Speaker Anandatissa de Alwis to appoint a Select Committee for Constitutional Reform. The essence of the Select committee mandate was \u201cto consider the revision of the Constitution of the Republic of Sri Lanka and other written law as the committee may consider necessary\u201d.<\/p>\n<p><strong>Parliamentary Select Committee<\/strong><\/p>\n<p>The Parliamentary select committee was announced on November 3rd 1977.Initially the chairman was JR Jayewardene who was then representing Colombo West in Parliament. JR however had to vacate Parliament as an MP in February 1978 after he became President. Ranasinghe Premadasa who was also serving in the select committee was then appointed chairman on February 23rd 1978 by the Speaker. Premadasa was also appointed Prime minister.<\/p>\n<p>Other MP\u2019s from the UNP in the select committee were Gamini Dissanayake, Lalith Athulathmudali, Ronnie de Mel, KW Devanayagam and MHM Naina Marikkar. MP\u2019s from the SLFP appointed to the committee were Sirima Bandaranaike and Maithripala Senanayake. Ceylon Workers Congress Leader Saumiyamoorthy Thondaman who had not joined the Govt then was also on the committee. The chief opposition party of that time the Tamil United Liberation Front(TULF) refused to serve on the committee. In May 1978 both SLFP representatives withdrew from the select committee. Since the left parties had been wiped out in the 1977 poll, there were neither Trotskyites nor Communists in the committee.<\/p>\n<p>The executive presidency ushered in through the earlier second amendment was now streamlined and incorporated in the new draft constitution. The executive president was now head of state and head of Govt.The electoral system was also changed from the first pass the post victor system to that of proportional representation. Sri Lanka became a Democratic Socialist Republic. The new Constitution referred to popularly as the \u201cJR constitution\u201d was formally promulgated on September 7th 1978.<\/p>\n<p><strong>Prof. Alfred Jeyaratnam Wilson<\/strong><\/p>\n<p>After the presidential system was installed, Prof. Alfred Jeyaratnam Wilson analysed it in his book \u2018The Gaullist system in Asia: The Constitution of Sri Lanka\u2019. In it he observed: \u201cWhat Jayewardene was after was a stable Executive which would not be easily swayed by pressures from within or outside. The outcome in the end was a President who in many ways and can in certain circumstances be more powerful than the French President.\u201d A crucial point to note is that though J.R. Jayewardene introduced a presidential system, he did not provide for a cabinet appointed from outside Parliament. JR was also averse to a powerful Presidential Secretariat as a parallel centre of power to the Cabinet. Why was that?<\/p>\n<div id=\"attachment_76933\" style=\"width: 151px\" class=\"wp-caption alignright\"><img aria-describedby=\"caption-attachment-76933\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/6530D442-314C-421A-BC72-8CC205809C74.jpeg\" alt=\"\" width=\"141\" height=\"186\" class=\"size-full wp-image-76933\" \/><p id=\"caption-attachment-76933\" class=\"wp-caption-text\">Prof. Alfred Jeyaratnam Wilson<\/p><\/div>\n<p>In response to Prof. Wilson\u2019s specific query on that issue, JR replied, \u201cI must say I am very reluctant to appoint advisers who will be around the president. The reason is that I wish the president to have only his prime minister and the cabinet of ministers as advisers because they represent the people as Members of Parliament.\u201d<\/p>\n<p>J.R. Jayewardene also outlined this position at the convocational address of the University of Sri Lanka on 31 May 1978. This is what he said at the time: \u201cI am the first elected Executive President, Head of State and Head of Government. It is an office of power and thus of responsibility. Since many others will succeed me I wish during my term of office to create precedents that are worthy of following. First, I will always act through the Cabinet and Parliament, preserving the parliamentary system as it existed without diminution of their powers. Second, I will not create a group known as the President\u2019s men and women who will influence him.\u201d<\/p>\n<p>This then was JR Jayewardene\u2019s definition of the Presidency he had set up. This practice of following the British cabinet model and confining such cabinet ministers to be members of Parliament has created an impression that the old system prevailed still in full force.<\/p>\n<p><strong>The executive President<\/strong><\/p>\n<p>Notwithstanding Jayewardene\u2019s claims to the contrary the reality was that governance had changed utterly in Sri Lanka after the executive presidency. The executive President was both above as well as independent of the \u201cde- valued\u201d legislature.<\/p>\n<p>What is important to note is the fact that an Executive president   could function without  relying on parliament  but in practice required full parliamentary strength to be all powerful.  <\/p>\n<div id=\"attachment_76924\" style=\"width: 610px\" class=\"wp-caption aligncenter\"><img aria-describedby=\"caption-attachment-76924\" decoding=\"async\" loading=\"lazy\" src=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/12214DD0-7F05-413F-86E2-6B90C0BC4492-600x749.jpeg\" alt=\"\" width=\"600\" height=\"749\" class=\"size-large wp-image-76924\" srcset=\"https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/12214DD0-7F05-413F-86E2-6B90C0BC4492-600x749.jpeg 600w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/12214DD0-7F05-413F-86E2-6B90C0BC4492-240x300.jpeg 240w, https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/uploads\/2022\/04\/12214DD0-7F05-413F-86E2-6B90C0BC4492.jpeg 720w\" sizes=\"(max-width: 600px) 100vw, 600px\" \/><p id=\"caption-attachment-76924\" class=\"wp-caption-text\">Galle Face protest via @Amaliniii<\/p><\/div>\n<p>When JR Jayewardene ushered in the presidency he controlled Parliament with a five-sixth majority. Thus the gigantic majority of the UNP in Parliament enabled JR to exercise power authoritatively akin to a dictator. Jayewardene continued to retain this stranglehold on the legislature through several devices.<\/p>\n<p><strong>Constitutional \u201cDictator\u201d<\/strong><\/p>\n<p>JR froze the UNP\u2019s Parliamentary strength of five-sixths and further extended it\u2019s term of office through the 1982 referendum; JR prevented crossing over of MP\u2019s from government to opposition by Constitutional legislation; JR promoted crossing over from opposition to government through the infamous \u201cRajadurai\u201d amendment to the Constitution. JR also got letters of resignation from all his MP\u2019s other than S. Thondaman.Thus the first Sri Lankan executive president Junius Richard Jayewardene in practice became a Constitutional \u201cdictator\u201d.<\/p>\n<p><em><strong>DBS Jeyaraj can be reached at <a href=\"mailto:dbsjeyaraj@yahoo.com\"><span>dbsjeyaraj@yahoo.com<\/span> <\/a><\/strong><\/em> <\/p>\n<p>This is an updated version of  the \u201cDBS Jeyaraj Column\u201d Article   appearing in the \u201cDaily Mirror\u201d of  April 9th 2022. It can be accessed here:<\/p>\n<p><a href=\"https:\/\/www.dailymirror.lk\/recomended-news\/If-Gota-doesnt-go-home-the-Executive-Presidency-may-go-out\/277-234871\">https:\/\/www.dailymirror.lk\/recomended-news\/If-Gota-doesnt-go-home-the-Executive-Presidency-may-go-out\/277-234871<\/a><\/p>\n<div id=\"tweetbutton76911\" class=\"tw_button\" style=\"float:right;margin-left:10px;\"><a href=\"http:\/\/twitter.com\/share?url=https%3A%2F%2Fdbsjeyaraj.com%2Fdbsj%2F%3Fp%3D76911&amp;text=Will%20the%20Executive%20Presidency%20%26%238220%3BGo%20Out%26%238221%3B%20If%20Gota%20Refuses%20to%20Go%20Home%3F&amp;related=&amp;lang=en&amp;count=horizontal\" class=\"twitter-share-button\"  style=\"width:55px;height:22px;background:transparent url('https:\/\/dbsjeyaraj.com\/dbsj\/wp-content\/plugins\/wp-tweet-button\/tweetn.png') no-repeat  0 0;text-align:left;text-indent:-9999px;display:block;\">Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>by D.B.S.JEYARAJ \u201cGo Home Gota\u201d and\/or \u201cGota Go Home\u201d is the resounding clarion call that is currently motivating and mobilizing a number of protest demonstrations throughout Sri Lanka. The underlying thread is that Sri Lanka\u2019s Executive President Gotabaya (Gota) Rajapaksa should resign and quit. The social media too is replete with demands of a similar &#8230;<\/p>\n<p><a href=\"https:\/\/dbsjeyaraj.com\/dbsj\/?p=76911\" class=\"more-link\">Continue reading &lsquo;Will the Executive Presidency &#8220;Go Out&#8221; If Gota Refuses to Go Home?&rsquo; &raquo;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[27,8],"tags":[],"_links":{"self":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/76911"}],"collection":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=76911"}],"version-history":[{"count":10,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/76911\/revisions"}],"predecessor-version":[{"id":76941,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/76911\/revisions\/76941"}],"wp:attachment":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=76911"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=76911"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=76911"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}