“The checks and balances are not effective or they have been dismantled by the politicians for their advantage. Today, politicians could commit the worst of crimes and not be brought to book as they are backed by a posse of security officers and an impotent police who do not prosecute political offenders.”__________________________
by Anton Fernando
(April 11, Colombo, Sri Lanka Guardian) Under Article 32 of the Constitution every member of parliament including the president and the ministers, members of local authorities, judges, public servants, and a host of other officials are mandated to take an oath of office that they will respect and uphold the constitution.
No constitution can effectively protect the democratic way of life and the rights of the people unless there are checks and balances written into it.
Institutions like the Constitutional Council, Judicial Services Commission, Public Service Commission, Elections Commission, Police Commission and other commissions — which provide the checks and balances — must function effectively and independantly and implement the law if democracy is to be preserved.
We find from time to time brazen interference and violation of the constitution and other laws by politicians for their personal benefit. Every citizen in this country should respect, observe and protect the constitution. It is the supreme law of the land that supercedes all other laws. If any law or statue violates any provision of the constitution, the Supreme Court can declare such law null and void. Do the politicians of this country respect and observe the fundamental laws of the land?
It is not only the president and the ministers who have unbridled power over appointments and dismissals of public servants and other officials. Today the situation has become worse because the President and cabinet cannot take disciplinary action against any minister because it is an unstable and weak government. A minister could defy public opinion and still continue to hold office. We see this almost every day.
The checks and balances are not effective or they have been dismantled by the politicians for their advantage. Today, politicians could commit the worst of crimes and not be brought to book as they are backed by a posse of security officers and an impotent police who do not prosecute political offenders.
When politicians act in an unlawful manner, they violate the citizens’ right to equality and non discrimination which is the international norm of customary Human Rights Law — (4 I C J Pleadings 493 -1966) and ICJ reports 130 -1971).
When rights are violated individuals, communities, ethnic and other minority groups are affected. They will then feel bitter against the government because there has been a denial of justice and the right to equality. If there is no justice in a nation, it is not possible to have peace. Justice always precedes Peace.
- Sri Lanka Guardian
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