By The Need for an Anti-Defection Law: A Critical Analysis
As Sri Lanka inches closer to its forthcoming Presidential Elections, the call for an Anti-Defection law has never been more urgent. Recent judicial decisions have spotlighted the rampant party-switching behavior among parliamentarians, which has significantly eroded the country’s political integrity. This article delves into the necessity of such a law, drawing parallels with recent political upheavals in Sri Lanka and Bangladesh, points out Human Human Rights Lawyer Kishali Pinto-Jayawardena .
Despots and Denial: Lessons from Bangladesh and Sri Lanka
The recent youth-led uprising in Bangladesh, which saw the toppling of former Prime Minister Sheikh Hasina’s 15-year one-party rule, has been compared by some to Sri Lanka’s 2022 youth protests that forced the resignation of President Gotabaya Rajapaksa. However, such comparisons are overly simplistic and miss the crucial differences between the two movements.
Both Hasina and Rajapaksa were blinded by their political egos, refusing to acknowledge the impending collapse of their regimes until the eleventh hour. Their exits were similarly ignominious, with Hasina finding temporary refuge in India, while Rajapaksa wandered across countries before being allowed to return to Sri Lanka, thanks to his successor, President Ranil Wickremesinghe.
Youth Power and Its Discontents
In both countries, youth played a pivotal role in overthrowing these entrenched leaders. The jubilant scenes in Bangladesh, where young protesters celebrated in the Prime Minister’s residence, were reminiscent of Sri Lanka’s youth jumping into the presidential pool. However, the aftermath in Bangladesh has been far more violent, with around 300 lives lost, a stark contrast to the relatively peaceful, if tumultuous, events in Sri Lanka.
A Divergence in Outcomes
The aftermath of these uprisings highlights the divergent paths taken by the two nations. Bangladesh faces the daunting task of restoring order and preparing for upcoming elections amidst ongoing violence. In contrast, Sri Lanka has seen the rise of Ranil Wickremesinghe, a leader criticized for surrounding himself with remnants of the corrupt Rajapaksa regime. This raises significant concerns about the prospects for meaningful change in Sri Lanka.
The Case for an Anti-Defection Law
The ongoing political turmoil underscores the need for an Anti-Defection law in Sri Lanka. Recent Supreme Court rulings have upheld the expulsions of parliamentarians who violated party discipline, signaling a potential shift away from the pervasive culture of political opportunism. Historically, politicians have switched parties with impunity, undermining the electorate’s trust and contributing to the degeneration of Sri Lanka’s political culture.
Looking Ahead: The Importance of Political Integrity
As Sri Lanka prepares for its next Presidential Elections, it is crucial that all political parties commit to enacting an Anti-Defection law. Such a law would ensure that elected representatives remain accountable to their party’s platform and the electorate’s mandate, rather than indulging in self-serving defections for personal gain.
In the words of Justice Kulatunga, who emphasized the importance of party primacy in earlier rulings, expulsions should only be valid in “the most exceptional circumstances permitted by law and in furtherance of the public good.” It is high time that Sri Lanka’s political leaders embrace this principle and work towards restoring the integrity of the country’s democratic institutions.
In conclusion, an Anti-Defection law is not just a legal necessity; it is a moral imperative for the future of Sri Lanka’s democracy. The upcoming elections provide a critical opportunity to push for this much-needed reform and to ensure that the country’s political landscape is governed by principles of integrity, accountability, and respect for the will of the people
