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Self inflicted assault on its own credibility by government

by Professor Ashley LS Perera

Since the Supreme Court ruling on the price of petrol there has been a variety of views expressed as regards the desirability or otherwise of the proposed price revision. Many of those who spoke either for or against a price reduction chose to give extraneous reasons perhaps with the sole objective of confusing and confounding the public on the subject. Most of those who expressed views against the price reduction were noted for their utter impertinence. The contention of most government spokesmen that the government needs to impose taxes is a truism and does not need to be restated. Similarly the attempt by some to link the price reduction with a move to disrupt the war effort is cockeyed, dogmatic, superstitious and utterly false.

This contention by the entire government combine that the price revision will adversely affect the military campaign for want of funds has been contradicted and negated by the government itself by its subsequent relief package amounting to a staggering Rs 16 billion. Curiously though, this is a self inflicted assault by the government on its own credibility.

It is also interesting to note the entry of the legal fraternity into the debate with their diverse views on the subject. Some of those of the Hultsdorf types seem to believe that fiscal matters are the exclusive preserve of the Parliament. They are apparently guided by a rigid interpretation of the doctrine of separation of powers.

This can be described as a straitjacket approach where these gentlemen seem to be in hot pursuit of the pound of flesh of the Shakespearean fame. Governance is a much more serious business which should be an integrated outcome of the Legislature, Executive and the Judiciary that needs a degree of flexibility to ensure good governance. Checks and balances of the Westminster type and Dicey’s ‘Rule of Law’ which seeks to prevent arbitrariness are all important considerations in the politico–juridical decision making process. A government is brought into existence by a morally self-possessed society for making the society’s conception of justice prevail in the justifiable sphere of social life. Although the government enjoys supreme legal authority these powers should be exercised in strict conformity with the moral standards of society. The upkeep of the society’s conception of justice and community’s acknowledged moral standards are vital for the survival of a government. All past governments have realised these norms pretty late, perhaps after the downfall of their respective regimes.

All patriotic people of this country acknowledge the tremendous efforts made by the present government to crush terrorism and are more than willing to undergo any harsh hardships towards achieving the goal of ending terrorism in this country. These people will be willing to bear any type of price increase irrespective of the hardships it causes to achieve this single objective. But the rationale is that there should be a give and take policy on the part of the government. It is morally incorrect for the government and its ministers to enjoy undue privileges and lead a luxurious life style while the common masses sacrifice their pittance towards the war effort.

This government through its indifference has eminently qualified to the famous satirical description of the ruling elite by George Orwell, who declared under similar circumstances that ‘some are more equal than others.’ Given the hard times experienced by the commoners in the country it is despicable that Colombo based parliamentarians along with those from outstations are given a monthly rent allowance of one hundred thousand rupees perhaps for living in their own houses. The recent reduction of this amount by half is only a 50% reduction of the dismal embarrassment of the government for its embezzlement of public funds. Other blatant financial misdemeanours such as funds for a jumbo cabinet, Mihin Air and for perks of ministers and other parliamentarians are too banal to be restated.

Financial misdemeanours apart the government has miserably failed to take appropriate disciplinary action against unruly elements within the government and has also failed to take action in terms of the findings of the commissions of inquiry appointed by the government. The obstinate nature of the government on these matters has compelled court intervention which if not for anything else is justified on moral and ethical grounds which are the foundations of all laws, customs and conventions. What is not realised by many is that the courts in the process of interpreting the law is invariably required to add to the existing volume of laws through the process of judgements. All citizens, agencies institutions and the government should therefore first comply with court judgements and then complain if they are not satisfied with any judgement.

Disregard to authority at any level can invite disastrous consequences leading even to a complete breakdown of law and order. Thus any move to disregard the Supreme Court order on the revision of fuel prices will not only create a bad precedent but will also be totally repugnant to the spirit in which the decision was made. Besides, such defiance does not augur well for a government which has been eminently successful in the war effort. History repeats they say.

Thus Churchill who was an excellent wartime Prime minister of Britain lost the immediate post war elections. It is the fervent hope of the people of this country that Rajapaksa will not follow suit. What is required from the government is to simultaneously win the wars against bribery, corruption and indiscipline of all types.

On the other hand the UNP must refrain from attempting to belittle the victories achieved in the war front. It should join the main stream in saluting the gallant security forces and give due credit to the government for their part in crushing terrorism. They should abandon their public proclamations of advocating unconditional negotiations with terrorists. Otherwise, they will continue to lose every election. In short, they should learn to behave as a constructive Opposition and qualify to be considered as an alternative government.

1 Comments

Professor Perera should have realised by now that the present regime is a dictatership by the Rajapakse Family and their cronies. This regime will yield to noone, not even to the Supreme Court, the Constitution or International Law and Conventions.It intends to stay in power as long as possible.

Posted by: Nathan | January 6, 2009 11:04 AM

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