Former President of the Bar Association of Sri Lanka (BASL) Geoffrey Alagaratnam, when asked about the executive and the legislature’s failure to accept that sove­reignty lies with the people, stated that “the 20th Amendment is a blatant violation of the rights of the people.”

The 225 members of parliament, he reasoned, “are relegated to rubber stamps – and are at the mercy of one individual and the judiciary is weakened by the amendment… The executive, the legislature and even the judiciary hold office in trust for the people, and they have a solemn duty to protect the people’s interest.”

Alagaratnam affirmed: “There has to be a system change, and that’s why we are thankful to the aragalaya. It has cut across racial and religious lines; it asks for a unified system in which all are considered Sri Lankans and are equal. The minority is 30 percent of the population. One has to accommodate all points of view if there is to be true democracy. Democracy is not majoritarianism.”

“The parliament, the executive, the cabinet of ministers and the judiciary are not kings and gods but are elected servants of the people,” he reiterated; and continuing the thought, he said that people should “call for a system change – we cannot let the aragalaya down.”

Commenting on the stance the BASL has taken, Alagaratnam said: “Of late, the bar has been quite strong in addressing issues of the public, even though it is being slandered with suggestions that the bar is responsible for the breakdown of law and order, which it is not.”

On the importance of upholding the rule of law, he stated that “the people have to be vigilant. Democracy is not about electing someone for five years and letting him run riot.”

“Britain has no real written constitution. It has separate laws. Public opinion is so strong that the representatives of the people are called to account regularly by the press and the public,” he said. Continuing, he pointed out that “we tend to be too docile. It is time our people asserted their rights.”

Alagaratnam insists that “unless we have proper institutional processes and independent institutions, and people who think differently, we will continue to be swayed by the politician who plays on religion, race and security, and we cannot move forward.”

Speaking about the proposed 21st Amendment, he said: “The executive presidency is a cancer. It is evil… 21A should virtually reduce the president’s power and clip his wings. 21A, in my opinion – as it is proposed – does not solve any problem unless there are changes made to bring more offices under the constitutional council, and reduces the power of the presidency.”

“We should go back to parliamentary democracy in which the judiciary is stronger, to ensure checks and balances. Then the judiciary will control the cabinet because parliament is essentially a lawmaking body,” Alagaratnam suggested.

Elaborating on the Stolen Asset Recovery (StAR) initiative, he explained: “Asset declaration is important. Unfortunately, it’s not well observed or enforced. The asset declaration and bribery laws should be strengthened so that asset identification would be more efficient. When funds are parked in international bodies or banks, recovery might be more difficult.”

Finally, when asked for his opinion on the need of the hour, he posited that “we have to address the economic issues as a top priority but to have permanent economic measures, we need a stable government. You cannot assemble a motley crew of has-beens and geriatrics, and run a government.”

Alagaratnam reiterated: “The priority is the economy but having said that, the president should have gone long ago.”

“To avoid people dying and starving,” Alagaratnam urged that “we have to continue to insist that there has to be a change of political system. The aragalaya says not only the president but all 225 have to go home; and I think the aragalaya is right.”