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Title : Zero Corruption for Sri Lanka (Lakshan)
Author: Lakshan Bandara
Lakshan Bandara

Last Modified Date: 2020-07-04
Category: Constitution
Article Code: 86
Keywords: Corruption, constitution, Sri Lanka, monitor



Article

Sri Lanka is failing, because of corruption from top to bottom.

Believing on honest leaders to save the people's rights is not a practical solution. Probability of such expectations to work is very low.

We need to identify the main cause of the problem.

I found that there is a structural issue in the Constitution of Sri Lanka promoting corruption. It’s a management issue.


Let me demonstrate the main cause of corruption:

The constitution of Sri Lanka has 4 main institutions exercising the sovereignty of people.

1. Executive (ex: president)
2. Legislature (ex: parliament)
3. Judiciary (ex: courts system)
4. Fundamental rights


"
4. The Sovereignty of the People shall be exercised and enjoyed in the following manner :–

(a) the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum ;

(b) the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People ;

(c) the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law ;

(d) the fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; and

Reference:
https://www.parliament.lk/files/pdf/constitution.pdf
"


Management Cycle is a fundamental concept.

1. Plan
2. Implement
3. Monitor
4. Control/Review

See figure-1. Click to view in original size.


Let’s apply this management concept to the constitution of Sri Lanka.

See figure-2. Click to view in original size.

Legislature is the Planning stage
Executive is the Implementing stage
Judiciary is the Control/review stage


Where’s the institution for Monitoring?


If we don’t have proper monitoring, how can we control the implementation by comparing with plan to get back on track or change the plan to implement a different strategy?

We don’t collect data for active monitoring, do we?.


I know that there are passive monitoring using commissions, audit committees, etc and they play just advisory role with no teeth to bite.

It’s not possible to prevent corruption with passive monitoring. Damage is done before investigating.


“Prevention is Better than Cure”


Active monitoring using an institution with sovereign capacity is a must.

For active monitoring we need “runtime data collecting” or something that close without delays.


My proposal is to implement an online information system.

All important transactions must be entered to an online data store as digital documents.

They must be available to public based on sensitivity of information.

If there’s secrecy, there’s fraud. Therefore, we need transparent transactions and their justifications towards the benefit of people in Sri Lanka.

It is not costly to design an information system, but very effective.


When there’s active monitoring, who do you think, will make attempt for corruption and get caught with evidence?


The main objective of my proposal is to prevent corruption, not just to punish for corruption.

Therefore, we need a structural change.



Pictures (gif/jpg/png)

Management Cycle (MC)

Management Cycle (MC)


Apply MC to constitution and find the error

Apply MC to constitution and find the error


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