By Colombo Telegraph –
An interesting constitutional issue has arisen consequent to the determination of the Supreme Court in the matter of the Divineguma Bill. The Supreme Court has ruled that as the Northern Provincial Council has not been constituted, it was not possible for the Bill to have been sent to the Northern Provincial Council for the expression of its views. However, the Court has also ruled that the Governor of the Northern Province could not have expressed a view on behalf of the Northern Provincial Council. As such, the Court has determined that the Bill must be proceeded with on the basis that the Northern Provincial Council has not agreed to the passing of the Bill.
Tissa, DEW and Vasu
Article 154 G (3) of the Constitution states as follows:
“(3) No Bill in respect of any matter set out in the Provincial Council List shall become law unless such Bill has been referred by the President , after its publication in the Gazette and before it is placed in the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon, within such period as may be specified in the reference, and – where every such Council agrees to the passing of the Bill, such Bill is passed by a majority of the Members of Parliament present and voting ; or where one or more Councils do not agree to the passing of the Bill, such Bill is passed by the special majority required by Article 82:
Provided that where such reference, some but not all the Provincial Councils agree to passing of a Bill, such Bill shall become law applicable only to the Provinces for which the Provincial Councils agreeing to the Bill have been established, upon such Bill being passed by a majority of the Members of Parliament present and voting.”
The Supreme Court has stated that the only workable interpretation that could be given is that since the views of one Provincial Council cannot be obtained, the Bill should be passed by a two-thirds majority, considering the provisions of Article 154 G (3).
A constitutional expert contacted by Colombo Telegraph stated that if the Bill is not passed by 2/3 majority but only by a simple majority, the law will not apply to the Northern Province.
The above likely scenario was raised by Colombo Telegraph last week. Pro-devolution parties in the Government such as the Sri Lanka Muslim Congress, Lanka Sama Samaja Party, Communist Party, Democratic Left Front of Minister Vasudeva Nanayakkara, CWC and EPDP as well as MPs such as Rajitha Senaratne, John Seneviratne and Dilan Perera will now have to decide whether to provide a 2/3 majority to impose the Divineguma Bill on the Northern Province when the people of the Northern Province have not been consulted. Political observers expect the CWC, EPDP and pro-devolution MPs of the SLFP to go along with the Government. However, the Sri Lanka Muslim Congress and the Left parties will find it extremely difficult to do so.
nortonP / November 8, 2012
Difficult for SLMC and Left? CT, you don’t know them. They have already laid their souls at the soles of MR. Tissa, DEW and Vasu who shouted “workers of the world unite, you have nothing to lose but your chains” have much to lose- cars, drivers, trips, house rent …. Hakeem will make noises but will cave in. MR will first get Hakeem to say that SLMC will vote. Then Left leaders will say “now government has 2/3 majority even without us” and will join. This is what they did for the 18th Amendment.
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Anti-Boru / November 8, 2012
nortonP:
I agree with you in all save one matter: your giving those unmitigated slimeballs of the dead left “souls.” Perhaps, they do have souls if you hyphenate the word with an “Ah” in front!
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Haasya / November 8, 2012
did you mean ‘ass holes’ ?
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Banda / November 8, 2012
This is better than getting resignation letters from MPs and get them to do all dirty works. RW was one leader in that vintage. JVP has no balls. They only criticize, never do any thing productive even an opportunity is extended. Remember first MR cabinet. The portfolios given to them they resigned becuase it will prove to the masses that these people are rabble rousers who cannot do any thing productive.
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Lanka Muslim, UK / November 8, 2012
Hakeem charged that the seven SLMC members who voted for the Bill in the EPC had defied the party high command instructions and therefore disciplinary action will be taken against them. But nothing seems to have been done so far. Now let us see what the SLMC MPs are going to do when the Bill comes up for voting in the Parliament. However, readers must note that the views of the SLMC is not the views of the entire Muslim population in the country. A large number of people in the East voted for the SLMC at the last election due to confused circumstances in which they are left, and that is a long story to relate.
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Wuliangguobinjiu / November 9, 2012
60 years after independence: Sorry nana don’t do toppe perate we know this ball game from birth- it’s the vote that talks for itself not your romanticism of the large Muslim population;) We know it embarrasses you but then remember that silence is golden because every Lankan knows the end result – no thanks to I won’t tell you know best.
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Sam Samarasinghe / November 8, 2012
There are no parties called LSSP, CP and Democratic Left Front now. Vitharana,Dew and Vasudeva buried those and voted for 18th Amendment.
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michael fernando / November 12, 2012
Left is not dead but has been dormant for some years. There are ways to reactivate it. That is being happening at the moment. Dear Sam, it is too early to celebrate the death of the left.
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M Y Foote / November 8, 2012
The SLMC does not represent the Muslim polity just as much as the UPFA coalition not representing the majority of the people. These are individuals who will think of surviving until the next election and thus vote with the President.
He will get his 2/3 and we will have nothing.
The wonder of Asia
M Y Foote
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Wadduwage / November 8, 2012
Nothing to comment on this matter. No politics based on policies.
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Safa / November 8, 2012
Hakeem and the SLMC need to prove their claim to be true muslims and followers of the Islamic faith. Will they vote for truth and justice or for falsehood and tyranny.
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Mala / November 8, 2012
Hakeem only has to remove his CAP, vote in favour and then replace the CAP.
Then he will not have to repent.
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Lanka Muslim, UK / November 8, 2012
Please do not insult the cap that Muslims put on. Whether Hakeem votes in favour or against with the cap or not does not matter. He has to also the Almighty for his wrongs and rights.
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Wuliangguobinjiu / November 10, 2012
What is the difference between the yellow robed party, and your white robed party?? Both Orthodox artists oozing their pent up emotions. Religion and state as one is a recipe for tyranny.
Look towards Mecca what do you see is it democracy? Have a heart if not for the other religions in lanka you would be on the western hit list. Disband religious parties and be individuals with character who think for themselves and shape a nation.
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Lanka Muslim, UK / November 10, 2012
There is no politics in Mecca to talk of democracy there being or not. It is a religious site of the Muslims. Saudi Arabia is the state and Riad is its political capital. Better know the facts before spilling out the words.
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Wuliangguobinjiu / November 10, 2012
You can say what like the fact remains you are an emotional “block vote” that is a Major concern to the democratic world.
Muslims, still living in the stone age and causing wars.
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Lanka Muslim, UK / November 12, 2012
Which democracy? Capitalist Democracy or Socialist Democracy. Both have been distorted and abused. People all over in the world, from the West to the East and the North to the South, are agitating against the injustices caused by both. World is gradually realizing the value of Islamic democracy which has become a threat to both the dying Socialism and struggling Capitalism. The few who control these two systems and reap benefits for themselves fear the rise of Islamic Democracy and use all available methods to divert the people from this awakening. Are those who fear this change live in the stone age or the Muslims, who are striving to bring about the change in accordance to their faith, Islam, live in the stone age?
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Wuliangguobinjiu / November 12, 2012
The Americans who found Oil the common energy have already rolled out a plan (Obumer)not to import a drop of Oil in 30 years from now. If not for 9/11 and the Muslim terrorist we would be driving little cars in Space without the blades of a helicopter but with vertical takeoff (this is not the space to teach you that) imagine no roads on the streets just people and other members of the family like mans only trusted friend the cute dog.
We are already driving electric cars (top speed 120 kmph) and stop at the pump to recharge in a matter of minutes. 35yrs from now the Saudi oil wells will run dry and the new gold would be still water. All this is possible because we live in a democracy with freedom. We don’t speculate on the nature of freedom or be guided by mullahs who utter satanic verses.
What will the Muslims do go back to where they came from under the stone on camel back. The Muslims are having problems with the Russians, Chinese and the west.
Religion is the incubator of wars!
Happily Agnostic.
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Wuliangguobinjiu / November 12, 2012
I swear, by my life and my love of it, that I will never live for the sake of another man, nor ask another man to live for mine.
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babsy / November 8, 2012
LEFT ?????????? Those parties supporting the regime can you call them LEFT? CRAP! give them another identity but not “LEFT” fore heavens sake. most suitable would be “Opportunists parties”
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commando 695 / November 8, 2012
You said it so well Sam – there are no left PARTIES now. Come to think of it the LSSP Politbureau resolved to oppose the 18th – but Vitharne gleefully raised his hand when the vote was taken – and no party action against him for this crime!
What we have now are 3 blind mice – running around …and nibbling at whatever that they can get for their personal gain – before they pass into oblivion.
Their stance on the 18th Amendment, after they made some weak grumbling noises when the amendment was mooted and their final FULL support of it should never be forgotten or forgiven.
They will have to think up a new punch line for this one – the one for the 18th being “….. we are against it on principle , but will support it in practice.”
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shaan fernando / November 8, 2012
Former Chief Justice over looked, one cardinal and fundamental principal of democracy; when he upheld a fundament right petition of MPs who switched allegiance to the government, in parliament. This was the beginning of political anarchy at which we are heading now. This paved the way, to political buying of MPs in parliament. It is a well known fact scores of opposition MP join the government for different perks and they in turn like puppets lift their hands for anything the government want pass in parliament. The paradox of these MPs is they do more harm to the county than any little good them may do in their tenure.
Whatever way law may have interpreted, how on earth such a case be justified in a society like Sri Lanka, where political parties had created rivalry among people at times in the same family. A society divided on party lines and attacks each other to ensure their candidate secures a seat in the parliament. In many occasions, party loyalist have died trying to secure their party candidate a seat in the parliament, and what do this so call elected MPs do once in Parliament? They switch, their allegiance to the party his loyalist opposed. This is a day light betrayal at the highest and should be corrected by the courts as all laws should up hold the franchise of the masses not the fundamental rights of an individual MP. Some present day MPs are an utter insult for great parliamentarian like Gamini Jayasooriya who resigned from Parliament because he could not lift his hand, on matters negatively affects the national interest.
Hope for the sake of the country SLMC and Left would not support this bill as it is only for the benefit of one faimily.
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Wuliangguobinjiu / November 10, 2012
Shaan: Quote “for the sake of the country SLMC and Left” unquote.
A politician is one who speaks the truth and sandwiches it with lies-period.
What is country to them?? Salli Malli apey malle.
rajapakistan- Hondamye;)
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Saman Wijesiri / November 8, 2012
Are there any left parties left in the country?I think it is a misnomer to call spineless MR’s errand boys Left leaders. Even if a constitutional amendment bill to anoint MR as the King of Sri Lanka and declare this state as a Monarchy, so called followers of Marx and Lenin will vote for it.
As regards, Rauff Hakeem,given his track record of ignoble political somersaults and gimmicks, can you expect of him to take a principled stand on any issue? The only principle he faithfully observes is political expediency.
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whywhy / November 8, 2012
Rest assured,SLMC will win loyalty points from MR.Its leadership has no
control over its selfish and spineless members.They are part and parcel
of any corrupt system.The moment they chose to play Thonda style game, was the moment they lost their ID.And also one should not fail to blame
Ranil for not picking up any of in-coming calls for action.Every opportunity is a chance to bounce back and prove he’s different.
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Uthungan / November 9, 2012
I do not think any of those so called left leaders mentioned bother to ever take even a glance at what is said in the columns of the CT because they know that it’s columns are mainly confined to those with computer litteracy and conversant in English and not who constitutue those in the ordinary milieu.Even if they do they would not care because millions in foreign bank accounts would have been secreted, an enormous amount of loot to last for generations to come cornered.They voted in favour of the 18th Amendment because they knew that the said legislation would be of benefit to them too.They also knew very well the the full implications of the said Amendment and supported it deliberately,so there is no doubt that they will vote for the Bill and ensure a two third majority.
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Naga / November 10, 2012
If the government pass the Divineguma Bill only with a simple majority it can turn the table against the TNA in the Northern Provincial Council election as poor Tamils in the Northern Province will be left out of the benefits under Divineguma. Denied benefits enjoyed by Sri Lankans in other provinces, they are inclined to vote with vengeance against the TNA for filing the court action contesting the constitutionality of the Bill. The demonstration organised by Douglas Devananda with the help of Samudri officials which drew thousands of poor Jaffna residents showed that he will be able to turn the Jaffna and Northern Tamils against the TNA. Douglas will rightly tell the Northern Tamils that TNA MPs enjoy all the benefits given by the Government as Parliamentarians like duty free cars,subsidised food and employment to their kith and kin as their aides but had denied them Divineguma benefits by conspiring to oppose it by filing court action contesting the constitutionality of the Bill. Northern Tamils are not stupid like the Eastern Tamils who voted for the TNA at the last Eastern provincial election.
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Chandra / November 10, 2012
SLMC is a bunch of crooked businessmen and drug dealers. The geriatric left have left the masses long ago.They are a cabal of spineless cowards who are terrified of MR. SLFP is no more. What is now available is a cosmopolitan group of yes men(mostly former UNPers who were bought) Hela Urumaya buffoons and Wimal the idiot. They will all vote for the impeachment. What the masses should do is to chase these scoundrels once and for all. Debacle of Asia.
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genga / November 10, 2012
SLMC & LEFT parties will vote with the GOVT. They do not have any other option. The govt going to leave this country into a great mess when they forced out of power… Already SL is a failed State.
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AYMAN / November 10, 2012
S.L.M.C.- STANDS FOR “SOME LANKAN MUSLIM CROOKS”
THEY DO NOT REPRESENT THE MUSLIM COMMUNITY.JUST THEMSELVES
THE LEADERS , ANTICS ARE WELL KNOWN.
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Wuliangguobinjiu / November 10, 2012
It’s not nice to say that! The same way that the Buddhist are misled they too have been misled. The irony is the Muslims are very small in number while it’s the 60% Buddhist who should have taken the problem by the cuff. Hope you understand; never beat the underdog for you will never be forgiven.
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good citizen / November 12, 2012
If Hakeem opposes the regime he knows the bitter end of it. So if he wanted to survive he has no alternative. Even if he decides vote against the bill it will be a suicidal fr him while other members of his party would join hands with the government.Finally it would not make any different. Rajapaksas also very much confident of that.
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