as it on October 26, 2018 by Sirisena? - The conventional explosive, attached to a detonating mechanism ready to be used by any future administrator was set 41 years ago, on September 22, 1977 by JR Jayewardene. The creator ensured fabricating a sensational, improvised, destructive and harmful mechanism using deadly flammable ingredients and designed to destroy or incapacitate a nation.
Punters in a gambling den need money for the game, they will steal and pawn wife’s jewellery or sell home silver; gambler is someone who cannot stop risking and usually losing his money in the hope of winning a lot more money, but in political dens [‘Den of thieves’, the Parliament as Karl Marx saw it] the political gamblers are astute wise men who do not throw money on the table; they do not need an investment. They only use other people’s money-therefore there is no risks involved in losing, but if one wins...[Most of them are losers who convinced the leaders that they should be there at any cost], it’s a triumph for their generations at the cost of the poor masses. Theses gamblers would plant a trap and give deadly ropes to their leaders promising numbers, whose interest is utterly in their own and in how to retain or gain more power for them.
The Sirisena-MR combine, expectedly, greet fresh elections, asserting it would reflect the true will of the people. Free and fair elections are central to a democracy; but
can they be conducted in the wake of the dubious dissolution of Parliament, they may be anything but. The UNP and its allies are now set to challenge the President’s battle. We are at a crossroads where we are to make a crucial alternative between democratic consolidation or a move away to dictatorship. The judiciary has a critical task at hand.
The voter must resolve NOT to vote for those who are corrupt, unruly, and resort to brutality inside the consecrated Chamber as the whole planet witnessed weeks ago. Those concerned are not fit to stand for the sovereignty of the public. We, the electors must use our ballet to make a distinction.
Ven. Maduluwawe Sobitha Thera: Rushed up 19A -- 113 or opinion?
Speaking on the subject of his ‘funeral’ Ven. Maduluwawe Sobitha Thera said, “This body is a ‘mala kuna’ and that’s how it should be taken care of; I am against all of this unnecessary nonsense of funeral extravagance”. But, the Yahapalana government of Maithri-Ranil, who did not take any interest in “baking the ‘rotiya’ while the ‘thetiya’ was still hot” (Bake the bread while the pan is hot) attempted for a grand ceremonial cremation to the deceased. Perhaps, they would have surmised like the monk Subhoda who on hearing Buddha’s Parinibbana, said, ‘the chief is gone, rejoice friends, now we can have our own way’.
Ven. Sobitha spearheaded the campaign and was instrumental in informing the people about the need for ‘yahapaalanaya’ at a time when MR and family were threatening to take over every aspect of people’s lives at the expense of democracy.The UNP was being beaten repeatedly at every election and their MPs including unprincipled Karu Jayasuriya were joining MR’s by the dozen.
The late prelate who, some 30 years ago spoke against the Indo-Lanka Accord, along with Prof. Sarachchandra and manhandled by JR’s thugs, was a neutral monk who initiated ending the MR era and established a ‘yahapaalanaya’. The people listened to him, but the new regime was dragging its feet on altering the Supreme Law, and system of elections. Sobitha Thera spoke of importance in acting fast when he said,“Cook the ‘rotiya’ while the ‘chatiya’ was still hot.” The Constitutional Pundits with vested interests wanted to ‘kill two birds’ fix the Rajapaksas through 19A and transfer all powers to PM. They prevented Gota or Basil from contesting by introducing a clause to maim dual citizens; Age limit meticulously calculated to prevent the ‘crown Prince’ from entering the fray too. They did not trust Sirisena, hence diluted his power for dissolution from one year to four and a half. The Ven Prelate was the first to condemned the 19A saying that the ‘Rotiya’ we cooked was half baked. Worst, the change in the manner of appointment of PM, instead of making the acceptance of 113 votes in the House mandatory; they made a mockery of it by saying, “The President shall appoint as Prime Minister the Member of Parliament, who, in the President’s OPINION, is most likely to command the confidence of Parliament,”because in April 2015, when they presented it in Parliament PM Wickremasinghe had only 42 on his side where as his opponent DM Jayaratne could boast of 161. The clause boomeranged resulting in a rapidly deteriorating political culture. President asserted that he would defy even if all the 225 agreed for one particular candidate. He will appoint based on hisopinion, as envisaged bythe Scribblers of 19A, for the House to pass a NCM against. A situation in which two sides finding further action is impossible or futile; a deadlock; leading to an unprecedented constitutional crisis leading to an anarchy.
The intellectuals, academics, scholars, religious dignitaries, [who are not pawns of mischievous politicians] thinker forums [non-NGO types] are bewildered and helpless in this calamity.They say, the crisis was triggered by President Sirisena on October 26, 2018 when he decided to appoint MR as PM. But if one examines the contemporary political history, it reveals as we have highlighted in the beginning, that he only activated or generated an already constructed improvised explosive device (IED) set on September 22, 1977 by JRJ. A Bill was adopted by the then National State Assembly on that day as the Second Constitutional Amendment. Executive power was transferred to the President and JR became the first Executive President of Sri Lanka on Independence Day, February 4, 1978.
Our legislators and also the public should be conscious of constitution and general court ruling interpretations at a suitable level. Let’s evolve a country, where the people stop stooging, worshipping and going behind politicos.
"The constitution clearly says The PM continues to hold office throughout the period during which the cabinet of ministers continues to function. The Speaker is the uppermost authority in parliament and is anticipated to be absolutely independent and unbiased at all times. Standing orders [A set of rules] is used to manage parliamentary meetings. "
Sri Lanka’s Constitution is riddled with inconsistencies. The Article 33 (2) (c) states: “It shall be the duty of the President to … summon, prorogue and dissolve Parliament”, while, Article 70 (1) states: “ The President may by Proclamation, summon, prorogue and dissolve Parliament: Provided that the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting.”
The constitution clearly says The PM continues to hold office throughout the period during which the cabinet of ministers continues to function. The Speaker is the uppermost authority in parliament and is anticipated to be absolutely independent and unbiased at all times. Standing orders [A set of rules] is used to manage parliamentary meetings. The Speaker Karu Jayasuriya overlooked the cardinal tenet of impartiality.
The Speaker, though has the power to suspend standing orders if there is an overwhelming support from the MPs present to proceed strictly on an emergency. He cannot do so to please a particular party, to bring in a motion where notice has to be given: the motion of no confidence was not read and no member knew its contents, let alone have any time for a reasonable debate, and then go for a count of votes quoting a Standing order that allows him to use ‘Sound’. Speaker was not in control of the House because of his lack of admiration for the rules of parliament—he didn’t even have an agenda for the two meetings on November 15 and 16.
Karu Jayasuriya repeated the same routine on the next day for the second time, despite the President’s appeal to bring in the motion according to the accepted set procedures of standing orders.
The Judiciary will go down in history as brave man who saved the nation from all types of threats from politicians, if they return a decision that they genuinely consider is in harmony not only with a ‘tinkered Constitution’, but, on democratic norms. When MR did not obtain a legislative majority, in an act of desperation, to avert a likely loss of face for both Sirisena and Rajapaksa over controversial dismissal of Ranil Wickremesinghe as PM on October 26, President dissolved Parliament. In his world famous Gettysburg Address, Statesman Abraham Lincoln stated, ‘democracy is by the people, for the people and of the people’ meaning the power should be used for the rights, welfare and dignity of the people. The UNP should allow membership to make voice in the party, and remove dictatorial powers of the leader; get ready to face the people.
The nation continues to be occupied in a catastrophic legitimate or otherwise of unparalleled proportion that we have no option but to seek the People’s mandate in sorting out matters as best suited them through a Parliamentary poll.
“Every actual democracy rests on the principle that not only are equals equal but unequals will not be treated unequally. Democracy requires, therefore, first homogeneity and second—if the need arises elimination or eradication of heterogeneity.”
–‘The Crisis of Parliamentary Democracy’
― Carl Schmitt
Writer can be contacted atkksperera1@gmail.com
