The history of democracy is a history of evolution. In Britain the King was the Head of the Executive. There was the legal principle that ‘the king can do no wrong’. It was a Royal Prerogative to appoint Ministers and officials and dismiss them at his will and pleasure. But Parliament got the King to agree to the principle of ‘no taxation without representation’.
But what if the tax revenue was wasted by the King and his Court? That would be unfair by the people. But Parliament could not punish the King for such misdeeds. So Parliament hit upon the principle that although the King had an absolute privilege to appoint his officials Parliament could hold them accountable for financial misdemeanors and corruption. Such acts may have been carried out on the orders of the King but Parliament took the position that the officials are liable for misdemeanors. Thus arose the struggle between the King and parliament. Parliament hauled up officials before it and questioned them about financial irregularities. But it was not enough to inquire into such irregularities for they would be protected by the King. So began the impeachment proceedings against officials. This power was exercised by the British Parliament until the powers of appointment of Ministers and officials by the King came to be a token power where to decisions were by Parliament. The Prime Minister had to be selected from the party with the largest number of MPs in Parliament. These Ministers exercised the powers of appointment and promotion of officials. But it was realized that these Ministers could themselves misuse the powers of appointment of officials and therefore in the 1850s the Civil Service Commission came to be set up and vested with such powers of appointment, transfer promotion and discipline of officials. Thereafter parliament allowed the power to impeach officials to lapse.
But the Founding Fathers of the US Constitution made the power to impeach officials a part of the Constitution.
Article II Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The word “impeachment” may be used to mean several different things. Any member of the House may “impeach” an officer of the United States by presenting a petition or memorial, which is generally referred to a committee for investigation and report. The House votes to “impeach,” the meaning used in Sec. 4, when it adopts articles of impeachment. The Senate then conducts a trial on these articles and if the accused is convicted, he has been “impeached.”
We are today in a situation similar to the Tudor & Stuart kings of England.
We also need workable laws to punish those found guilty but who cannot be prosecuted in a court of law because of the procedural constraints and the high degree of proof required in the latter. The workable remedy is to dismiss them from public office at least. The Special Presidential Commission appointed by President J.R. Jayawardene found Sirimavo and Felix Dias Bandaranaike guilty of malpractices and they were disqualified from holding public office and stripped of civic rights. This applied to Nihal Jayawickreme as well.
MPs of the different parties in the Opposition could pass a law to amend the Constitution o adopt the power to impeach public officials and try them by a special tribunal to be set up by Parliament headed by a Judge of the Supreme Court or Curt of Appeal and consisting of two Members of Parliament chosen by the Speaker.