It is still early days in the presidential election race, with nominations not yet closed, and President Mahinda Rajapaksa for many reasons is the most visible candidate. But General Sarath Fonseka, with fewer resources than the incumbent, is also making his own waves with more to come and an interesting contest is very much on the cards. Minister G.L. Peiris, with characteristic lucidity, argues on this page that the abolition of the executive presidency which is the main plank of the Fonseka platform, is possible only with a two thirds majority in the legislature and the people’s consent at a referendum. This, he has said, is not within the general’s ``legal competence.’’

Nobody can fault the Rhodes scholar, eminent law professor and former vice chancellor of the University of Colombo on this argument; but the question may well be asked why this advice was not tendered to Mrs. Chandrika Kumaratunga when she first ran for president with a clear promise to the JVP that she would abolish this office within a specified timeframe. Peiris then was very much a part of the Kumaratunga campaign and subsequently served as her minister of constitutional affairs. It must be said in fairness that the abolition of the executive presidency was part of the draft constitution he drew up but that was scuttled with the UNP withdrawing support on the basis that CBK sought to cling to her executive powers till the end of her term under the ``transitional’’ provisions in that draft. That put the lid on a two thirds majority and the executive presidency continued to the benefit of President Mahinda Rajapaksa, who too promised to abolish it, also because of JVP pressure. Now, like CBK, he is seeking re-election to the office he promised to get rid of notwithstanding the lack of ``legal competence’’ to do so. Until the defections from the UNP were engineered, even a simple majority was problematic.

That a president, first without the support of a two thirds majority of parliament followed by the people’s consent at a referendum cannot make major constitutional changes is rudimentary knowledge. But, given that our legislators, almost without exception, are publicly committed for the abolition of an office that is freely conceded to be clothed with too much authority, getting the required majority should not be a problem. Therefore, as Mr. H.A. Seneviratne, General Secretary of the Workers’ Solidarity Organization, has told the president in an open letter last week, the way to do it is to forthwith present the necessary legislation to parliament. As he says, if the promises of today’s MPs are genuine, better than a two thirds majority is assured. A wag might add that the Bill must be without transitional provisions a la CBK so that all the present powers will remain in Mahinda’s hands, if re-elected, until the end of his second term! Rajapaksa though, perhaps with some levity, did say somewhere that he is the one man who would want to end the institution when his second term ends as no third term is possible. He after all is young enough to want to be executive prime minister for a further period.

Fonseka’s detractors are already saying that in the event of his being elected, it will be difficult to get him off the throne even with landmines and infantry brigades. He himself says that he keeps his promises and at his news conference last Sunday offered two examples from his track record – his promises that he would not leave the LTTE problem to his successor and that there will be no Mahaveer Day speech by Prabhakaran in November 2009. He has delivered on these two promises, even the ranks of Tuscany must admit. But two swallows do not make a spring and whether or not the general will, or can, abolish the job he is aspiring to will be known only if he gets it. Meanwhile there is some talk about a 20th amendment to the constitution and the Opposition Leader Ranil Wickremesinghe has already mentioned the newest recruit to the UNP, SLFP National List MP Wijeyadasa Rajapaksha, as their new constitutional draftsman. Mr. K.N. Choksy who recently made some friendly noises on the Vote on Account presented in lieu of a budget seems to be old hat as far as the UNP is concerned.

The president who promised to reply Gen. Fonseka’s letter of premature retirement in due course has not yet responded to the charges made therein. The general indicated there that he was quitting in the context of his losing the trust of his commander-in-chief. Although those words were not specifically used, that clearly was the sense of what he was saying. The president, no doubt, awaited the declaration of Fonseka’s candidature before hitting back. It made sense to be gentler if he was a non-runner than if he was in fact the major contender from the opposition. Even though that issue has now been settled, Rajapaksa may choose to remain silent and not stir new animosities. However, other guns have been firing, particularly in the state media, and whether we will have a campaign where the issues are debated in a calm and civilized manner remains to be seen. Given the size of the stakes, a no holds barred campaign seems a probability. Even so, if it is possible to finish this election with minimum violence, the people will be the winners.