A council of states: A decent proposal for India

Sri Lankans have been peacefully rallying against President Gotabaya Rajapaksa for the past month and a half, as the country faces its worst economic crisis since independence in 1948 -  Rolling blackouts, a scarcity of gas, dwindling food reserves, a dearth of medication, pen, paper, etc. 

Huge foreign debt stacks, a series of lockdowns, surging inflation, fuel shortages, a drop in foreign currency reserves, and currency devaluation have all hampered the country's economic progress.

Amidst all this, former Sri Lankan President Chandrika Bandaranaike Kumaratunga has recommended a reform in the country's government system. The main issue, according to her, is that Sri Lankans have lost trust in politicians. She suggests the creation of an interim government and two critical councils as part of a comprehensive strategy to ensure a democratic governance - integrity and fairness.

The intended procedure is as follows: -
- The incumbent President will designate a Prime Minister who is an independent figure, maybe a politician, who is highly respected, looked up to and acceptable to a majority of MPs.

- The President is then obliged to resign.
This approach would allow a person of eminence and independence to become the Prime Minister fairly quickly and clearly.

- The new Prime Minister would then form a cabinet of no more than 12 ministers (elected members of parliament) to represent the legislature. To ensure the parliament's integrity, only those MPs who have not been accused of misconduct and wrongdoing would be chosen. 

This will be a 6-month interim administration entrusted with:
a) Taking emergency measures to deal with the economic crisis,
b) Making the necessary constitutional amendments,
c) Devising out an anti-corruption system that tackles the corruption of the Rajapaksa government immediately.

Following that, Chandrika Bandaranaike Kumaratunga recommended the creation of two critical councils:
1) Constitutional Council - This council would appoint the six commissions based on the President's recommendations. It will be chaired by the speaker of the house of parliament with the Prime minister and leaders of opposition as members. Apart from this, seven additional members would be chosen who are distinguished citizens from the professions and academia. This measure would ensure that the constitutional council is not overruled by the President or Prime Minister and does what is constitutionally appropriate rather than succumbing to the influence of a particular individual. This in turn would ensure that the independent commissions that determine the functioning of police and the other services are properly chosen with people of integrity. This would allow efficient operation, integrity in functioning and democratic governance. 
This is an attempt to resurrect and revitalize the concept of commissions, which has been repeatedly undermined by the Rajapaksa administration. 

2) A council of states - This is perhaps the most significant element of the proposal and it will work in tandem with/parallel to the government. Though it will be subordinate to the government, it has to always be consulted and heard seriously. The government is free to disregard the Council, because otherwise the government would be degraded. However, the Council must be given the required opportunity to be consulted and its views must be taken very critically. In other words, it must be consulted but not always obeyed. This institution is weighted very heavily in favour of non-politicians and civil society leaders and is designed in such a way to provide them with a platform and a voice. It is a way of promoting civil society in its different manifestations to a position equal, if not higher, to that of a politician.

The council of states will have a five year term with a total membership of 36 members, nine of whom will be politicians appointed by the Prime Minister and the leader of the opposition, and the remaining twenty seven(roughly two-thirds of the total) will be nominated by civil society organisations such as the professions, business and private sector, academia, and a number of non-governmental organisations.

This council will be appointed at the same time as the cabinet and the chairman will be one of the distinguished citizens who are members of the constitutional council. It could be a previous politician, but not one who is currently in power.

This council has two main responsibilities:
a) It will review important laws and policies before being presented to the parliament by the government, notably those relating to the economy, healthcare, governance, and education.
b) It may also propose legislations to the cabinet and the government.

Ms. Kumaratunga wants this to be a permanent element of Sri Lanka's government, not merely a band-aid solution to the current problem. If approved, the new administrations will hereafter appoint a 'Council of states' that will work with the government. 

Ms. Kumaratunga's plan has a very direct and clear intention. It is not just to give a permanent forum for independent, reputed, distinguished, and knowledgeable voices to advise and steer the government, but also to extend the base from which governance ideas are sought, considered, amended and concurred upon.

A system like this makes a lot of sense in India, which is becoming increasingly polarized and where governments are seen as disruptive.
Such a system would have not let demonetization to occur, the lockdowns would have been better planned and spaced out and the imposition of taxes would have been better thought out.

Can this strategy benefit India?