19 September, 2020

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20A Erodes People’s Sovereignty – Requires Approval At A Referendum

By Jayampathy Wickramaratne

Dr Jayampathy Wickramaratne PC

The Twentieth Amendment to the Constitution Bill (20A) is in the public domain. If I were to describe it in one sentence – 20A seeks to take the country backwards to the 2010-2015 period. The only features introduced by 19th Amendment that would survive if 20A is passed in its present form would be the five-year term of the President and Parliament, the Presidential term-limit and the fundamental right to information (RTI).

Several summaries of 20A have been published and I do not intend providing another. Instead, I will highlight its adverse impact on democratic governance and its prejudicial effects on the sovereignty of the People and argue that 20A needs the approval of the People at a referendum.

Dr. Colvin R. De Silva described the system of government under the 1978 Constitution as a constitutional presidential dictatorship dressed in the raiment of a parliamentary democracy. With the 18th Amendment, the executive presidency in Sri Lanka became one of the strongest and vilest, if not the strongest and vilest, presidential systems in the ‘democratic’ world. Now, 20A seeks to reverse the gains of 19A and take the country backwards.

19A’s shortcomings

19A has its shortcomings, most of them due to the changes that the draft that was submitted to the Cabinet underwent. That draft was initially prepared by a team that consisted of three retired senior officials of the Legal Draftsman’s Department, myself and another legal practitioner. The several drafts that were prepared were vetted by a Cabinet-appointed committee headed by the Prime Minister. Dr. Colvin R. De Silva’s famous statement “When a Constitution is made, it is not made by the Minister of Constitutional Affairs” – applied equally well to the drafting committee. This is not to say that we did not have any space. We did, but each and every provision that we proposed was cleared by the high-powered committee. The recognition of the right to information as a fundamental right, the elevation of the Commission on Bribery or Corruption to constitutional status and the National Procurement Commission were among the drafting committee’s proposals that were so approved. As the initial drafting process neared its end, the drafts were shared with the Legal Draftsman who put the final touches as he was required by law to do.

In the morning of 15 March 2015, which was a Sunday, the finalized draft which had been sent to the Office of the Cabinet of Ministers a few days earlier was discussed at a meeting held at the Presidential Secretariat, presided over by President Sirisena. At the meeting, representatives of the political parties of the Opposition, the Sri Lanka Freedom Party – whose MPs sat in the Opposition while its leader now was President Sirisena – and the Jathika Hela Urumaya, which was in Government, were strongly opposed to the extent of the proposed erosion of powers of the President. The Prime Minister and the leaders of the United National Party and the other parties of the Government offered little resistance. The absence of the Tamil Nationalist Alliance and the Janatha Vimukthi Peramuna, which were not invited, was also a contributory factor. The writer’s perception was that the opposition to the draft was pre-planned, with the tacit approval of President Sirisena. The Opposition’s big advantage was that the Government did not even have a simple majority in Parliament and needed Opposition support for any constitutional amendment. More changes were made during the Committee Stage in Parliament. While some of them were made to fall in line with the determination of the Supreme Court, others such as dropping the anti-cross-over provision were made due to pressure from the Opposition. 

Readers may pardon me for quoting Colvin again and again. Responding to JR Jayewardene’s proposal in the Constituent Assembly for a Presidential form of government, Dr. De Silva warned against the danger of counterposing the Prime Minister, chosen by the people who are sovereign, against a President who is directly elected. That would result in two powers at the apex of the State counterposed to each other, each drawing its power from the same source, the sovereign people, but each drawing the power independent of the other. ‘No Constitution will be able to define adequately and satisfactorily the relationship between the two and the United States of America is precisely the best example of that’, he said. The experiences under 19A clearly underscore the need to completely abolish the Presidential form of government and move towards a Parliamentary form, not to go backwards.

Sword of Damocles over Parliament 

Under 20A, the Sword of Damocles, in the nature of Article 70(1), will hang over Parliament. The President can dissolve Parliament at any time, even if the Prime Minister (PM) commands a comfortable majority in Parliament—that is what President Kumaratunga did in 2004. The only fetter on the power of dissolution is that if the previous Parliament had been dissolved before completing its five-year term, the President can dissolve the new Parliament only after one year. If the previous Parliament had completed its full term, the President can, under proposed Article 70(1), dissolve the new Parliament even one day after it holds its first meeting.

PM, a peon again

Mr. R. Premadasa, before he became President of course, likened the PM under the 1978 Constitution to a ‘peon’. Today, the PM, who is the MP who commands a majority in Parliament, has much more power, thanks to 19A. If 20A is passed, the PM will again be relegated to the status of a peon. The President can remove the PM at will. Ministers and Deputy Ministers will not be appointed on the recommendation of the PM. The President may consult the PM but is not obliged to. Ministers and Deputy Ministers may be removed without reference to the PM. It is the President who decides the subjects and functions of Ministers and changes them; the PM has no role whatsoever. 

The proposed provisions relating to the dissolution of Parliament and the weakening of the PM would result in a consequential weakening of Parliament, which is the institution that exercises the legislative power of the People, and thus adversely impact on the sovereignty of the People.

President unfettered in making appointments 

The Constitutional Council, re-introduced by 19A, provides for a national consensus on appointments to important positions, including the judiciary and the independent commissions.  The Constitutional Council has representatives from both the Government and the Opposition, including a representative of the smaller parties. The President also has a representative. The Council also has three eminent persons who are not in politics and who are nominated jointly by the PM and Leader of the Opposition after consulting leaders of political parties represented in Parliament. In appointing these three persons and another two MPs, the PM and Leader of the Opposition must ensure that the Constitutional Council reflects the pluralistic character of Sri Lankan society, including professional and social diversity.

Under 20A, the President would only ‘seek the observations’ of a Parliamentary Council, which consists of the Speaker, PM, Leader of the Opposition and two MPs. The leverage that the Constitutional Council had with important appointments would be completely gone. The President will be unfettered in making appointments to the judiciary, certain high posts and the independent commissions, compromising the independence of these institutions and positions and resulting in the loss of the people’s confidence in them.

Before 19A, the Attorney-General and the IGP were required to obtain extensions from the President upon reaching 58 years, thus compromising their independence. K.C. Kamalasabayson, one the best and most respected AGs Sri Lanka had, died a disappointed man after he was given only a 3-month extension. 19A provided that the AG and IGP would retire at 60, so that they would not be at the mercy of the President. This provision would be negated by 20A. The belief in some quarters that the AG and IGP cannot not be removed under 19A is patently wrong. The Removal of Officers Act No. 5 of 2002 provides for their removal upon an address for removal being passed by Parliament after due inquiry.

The writer submits that the removal of the salutary provisions relating to the appointments referred to and the consequent adverse impact on the independence of the institutions and high positions impinges negatively on the sovereignty of the People and would therefore necessitate a referendum.

Adverse effects on fundamental rights 

An obvious erosion of the sovereignty of the People is the proposal to take away the right of a person under Article 17 to invoke the fundamental rights jurisdiction of the Supreme Court when a fundamental right to which s/he is entitled is infringed by the President. Article 17 being a provision in the chapter on fundamental rights, the right to complain to the Supreme Court is itself a fundamental right. The original 1978 Constitution made an exception to this right by giving the President total immunity from suit. 19A made the President’s official acts subject to the fundamental rights jurisdiction and thus removed the anomaly, thereby strengthening fundamental rights and thus the sovereignty of the People. It was that change that made it possible for citizens to successfully challenge the unconstitutional dissolution of Parliament by President Sirisena. Now, a restriction of the fundamental right under Article 17 would offend Article 4(e) (‘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 consequently Article 3, which states that sovereignty includes the powers of government, fundamental rights and the franchise.

Referendum needed

Article 3 is one of the Articles listed in Article 83. A Bill for the amendment or for the repeal and replacement of the provisions so listed, or which is inconsistent with any of them, requires approval at a referendum.

In regard to the argument that since 19A was not approved at a referendum, its provisions could also be deleted or amended without a referendum, it is submitted that a referendum is not needed to enhance sovereignty. For example, if the right to life is to be included in the chapter on fundamental rights, that would not necessitate a referendum.  But to take away the right to life later would certainly need approval at a referendum.  The gains achieved through 19A contributed to the strengthening of the sovereignty of the people. Therefore, the removal of the gains so achieved prejudicially impacts on sovereignty and necessitates approval at a referendum.

To ascertain whether sovereignty is adversely affected by 20A, it must be compared with the existing Constitution, not with the pre-19A Constitution or the original Constitution of 1978 which do not exist anymore. There is only one Constitution and that is the present Constitution. 

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Latest comments

  • 15
    53

    there were two elections already. people have spoken resoundingly. So take your useless law degree and go to sleep.

    • 8
      32

      Mr a14455,
      .
      Actually……
      Its 4 elections.
      1. Local government election – 2018
      2. Local government by election (Elpitiya) – 2019
      3. Presidential election – 2019
      4. General election – 2020
      .
      And….
      Legal hurdles placed in front of GR also can be considered as victories.
      1. 19th amendment itself.
      2. So called “civil society” who went from court to court to prevent GR contesting 2019 presidential election.
      3. Yahapalana government “gimics” to postpone local government elections.
      4. Yahapalana government “gimics” to cancel or postpone 2019 presidential election.
      5. Legal battles to postpone 2020 general election.
      6. Legal battles to cancel 2020 general election nominations.
      7. Legal battles to reconvene dissolved Yahapalana parliament.
      .
      People’s wish prevailed…

      • 6
        1

        S. C. Passqual

        “Its 4 elections.”

        It’s not just 4 elections, it’s been 100 of elections and wasted time, money, opportunity and foregone development over 72 years, yet your elected heroes are permanently carrying their begging bowl.

        Foreign leaders are reluctant to meet your leaders or visit this island as they are tired of constantly being asked to provide loans/grants,…. or bail out financially.

        Irrespective of any number of electrons your crooked war criminals won’t stop begging or send your women folks to be mistreated abroad.

    • 7
      2

      This comment was removed by a moderator because it didn’t abide by our Comment policy.

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      • 0
        0

        Thanks for making it short.
        :
        Get well soon !
        LM

    • 0
      1

      Same as kaduwa used by MS. It will chop your own.

    • 1
      0

      a14455 ,

      World suicide index is reported to have given a reasonable ranking
      to our beloved nation ! So , no surprise on ” people have spoken
      resoundingly.” There are people who want to “live” in peace till death !
      It is these people that sound the alarm of pending dangers of suicide
      squads !

  • 32
    6

    Passing 20A through the parliament is a doddle for the Rajapaksa’s.
    Even if a referendum is called Rajapakses can ensure they get 2/3rd majority on the referendums as well.
    ————————–
    when Gota the President visited the Sinharaja forest ..”villagers” were already “imported” to meet Gota. They were holding bill boards stating that the environmentalists are wrong. It may have cost Rs800 per head and/or packet briyani/botlle of arrack wrapped in yellow robes.

    Yositha can now build roads and hotels in the forest and profit.
    ——————————–
    Passing 20A is a doddle for the Rajapaksa’s.
    import a few villagers at Rs800 per head and/or packet briyani/botlle of arrack wrapped in yellow robes and they will swear that 19A is the reason for Covid and and everything else that is wrong with Sri Lanka
    ———————————————–

  • 32
    7

    Govt’s stand that 19A was not approved by a referrendum so 20A also does not need referrendum. If we accept this argument, then 19A was approved with 99.7% votes in Parliament. To amend 19A the Govt should get more than 99.7% votes, if not it should not pass.

    • 2
      1

      you are missing the point.
      I think There is a clause in 19A stating that certain clauses in 19A can be changed/abolished only by referendum.

  • 10
    25

    Agree.

    People will approve it at a referendum because stateless people, terrorists, separatists and extremists are making too much noise once again. They must be busted. An executive president with more power and total impunity can do it. He has done it before!

    • 2
      0

      GATAM ,

      You are contradicting yourself ! “He has done it before”. If so , how
      come “they are making too much noise once again” ? Mission
      failed ? ” People will approve it at a referendum” . Absolutely ! Just
      search for our “Suicide rate” in the world index , you won’t be
      disappointed !

  • 15
    13

    If the writer is a true intellectual he should have said what he is saying about the drawbacks of 19 amendment or the problems he encountered when working on it before.

    Now that the voter has rejected his amendment ( or voted overwhelmingly for a change of constitution) to criticise what is being proposed is not the done thing. It is like saying I am always right and you are always wrong. and that by the guy who was rejected !

    Also he must detail all the benefits he has received on account of his association with the UNP.

    How did a person quoting Colvin R De Silva end up working with Ranil and the UNP ?

    The world has become very complex !

    • 23
      3

      When you say : they voted overwhelmingly for a change of constitution, does it not imply that it should be better for the voter. None of the clauses in 20A were placed before the voter specifically but a vague “change” only mentioned.
      Not quite the same thing is it not ?
      Hence the specific clauses which reduce the sovereignty of the people is the issue – whether voter gets more power or giving more power to the President including full impunity.
      Imagine the Previous holder of that office totally not responsible for even the Easter attacks – this is a decisions for the Courts.
      Impunity should not be a blank cheque.

      • 2
        0

        I think for government to work properly people need to hand over their sovereignty fully to the government (Spiting between the branches). If part of the sovereignty remains with people or if it’s a conditional surrender, people cannot be ruled. But people’s fundamental rights cannot be violated by any official ascended to power from constitution. Suspension fundamental rights may be done by properly declaring the Emergency, only for the valid period. Otherwise, if the officials can violate people’s fundamental rights, then that constitution is illegal. The full sovereignty of the people returns to them when the term limits of the constitutional officials is reached.
        Further people should not be asked to surrender their fundamental rights to any branch of the government. If they do it is, void or ultra vires from people side.
        What I think is it is the Supreme Court has to block this amendment. The lawyers have to file for an action in SC for common interest. Probably, there is no need for a referendum.

      • 4
        0

        Ferryman!
        This what you call a political hoodwink. They ferry the voters in stormy weather, promising them an imaginary land of plenty.

      • 3
        0

        Ferryman ,

        The voter never reads to vote in our country ! They are driven by
        other issues ! First thing for them is to belong to a winning side
        for individual benefit ! Winning side is always predictable before
        elections ! Winning situations are now created in dangerous ways !
        To vote with caution requires lot of knowledge , experience and
        patience and all of which fly out of the window at the sight of
        communal hatred which becomes the essence of the episode .

  • 18
    6

    19A was approved by five men SC bench. SJ Sri Pavan had dealt in detail the court’s opinion. The draft 20A has not been referred to SC. Only AG has rendered his option- “No referendum needed”. We saw few 20A summaries. But this one is comparing the effects with other articles. Laymen those who don’t remember the constitution have to read 20A with constitution to know how it will affect the constitution and other acts. So laymen may need more essays connecting 20A with constitution to understand. Earlier Mokan Peiris simply declared that Tamils have no fundamental rights because he had the PTA in his side.

    The small 20A is going to create that much of trouble. Then one can imagine what is going to happen with the new constitution. Now it is only breeze, but the hurricane is about to follow. A woman who has no sense of that she has a gold chain on her neck will come back without it if she goes through congested market. The problem with Sinhala Buddhist Majority is they don’t have sense or feeling of Freedom, Liberty, Sovereignty and Franchise. I do not know if any of the UN resolution or Conventions will be accommodated. Media is reporting that Old Rowdy King has bragged that no internal or external forces can tell them how to write the constitution. It looks like coming constitution is the final of Lankawe.

  • 13
    5

    King has asked what would have happened if the health service has been fully handed over to provincial governments. The sad part of that is Thathasthu crowd is immediately singing their chorus,” Yes Yes what would have happened?” There is no soul to ask him “how did “you come as the president when you sheepishly thinking China Virus is the only health matter of a government, materialistic for devolution of minority rights? First thing does anybody believe Lankawe’s Covid-19 numbers? Ask that from Muslims! In the international list they are 92nd in managing the Covid-19. If NPC have had the full authority, it would have stood No.1 in the world. In the 1960-1970s North was the most crime free area. North was always first in education until Aanduwa took control of education. Jaffna showed a miracle with home gardening when Sirimavo banned importing Tamils’ food items. That time Jaffna Hospital rated even above developed Western hospital in pre-natal, post Natal care. Tamil surgeons kept Colombo General as best in South Asia. Jaffna Town was rated as the most cleanest & healthy town.
    After all, Tamils are not asking to devolve health services to all 9 provinces. It was Sinhala Modaya idea. We want only our self-determination rights. Suppose Tamils Eelam spread Covid-19 by mismanagement, then Lankawe can go alone, need not to tolerate Tamils’ poor health.

    • 5
      2

      This comment was removed by a moderator because it didn’t abide by our Comment policy.

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    • 3
      3

      Mallaiyuran,
      “If NPC have had the full authority, it would have stood No.1 in the world.”

      NPC had the full authority to use money given from the Treasury but dumbos returned the money to the Treasury instead of doing something for the people. No.1, My foot.
      Malabar Vellala Demala politicians are not interested in improving the lives of Dalits. When Dalits are kept poor, Malabar Vellala politicians can say that Sinhalayo do not give money and fool them to get their votes.

      • 3
        0

        Eagle,
        Here after don’t write lousy replies. When you write replies, learn it from N. Perera, at least. Readers who gave five green thumbs, have given only 2 for you. Write only tough replies like NP. Tough means Hitler tough! That is what Sinhala Buddhists like; It has to be Hitler tough, even if CT remove it. Then you also can be awarded with green thumbs.

  • 14
    5

    JRJ when in power was instrumental in forming a new constitution based on the French model whereby the executive president could only sit on the chair for only 2 terms.
    CNK whilst she ruled the roost gracefully adhered to this American/French manner of electing their supreme commander.
    #
    When the power-hungry no-class world’s best No-1 bullshitter Alibaba Nahindan Rajapuka strode into power on false premises where he the ungrateful pariah bit the hands of those who brought into power to squat on the royal latrine.
    #
    Alibaba then bought over 19 MP’s from the opposition for big sums of cash/assets and enacted the 18th amendment to enable him to continue squatting on the latrine.
    #
    His own dangling Donegal’s was bitten by his own Minister of Health who the previous night had bittern and ravished many an egg hopper at the expense of the Lankan all NOes starving peasant citizens.
    REVENGE is SWEET they say.
    #
    The yahapalayana government brought in the 19th amendment to fix him once again but it was shortlived as these democratic yokels held the election to the royaless latrine at the correct time on the dot.

    • 13
      4

      =
      Last week the AG who is a toyboy to the Rajapuka an arse-licker said in public at a meeting that such a process I mean a referendum is not needed
      Even if the modaya peasant citizens protest on their haunches the always greedy for power bully rajapuka’s will use their blindly loyal to them swabasha military war criminal perverts to crush such a peaceful people’s agitation.
      They have twice done it when Alibaba Mahindan was ruling the roost and until today not a single killer has yet to meet the devil -Saturn.
      #
      Sri Lanka has already said a big bye of a bye to freedom.
      Why was the rajapuka’s born at all, they are no bloody use to anyone, no bloody use at all. the lyric goes on and on.

  • 4
    9

    This comment was removed by a moderator because it didn’t abide by our Comment policy.

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    • 10
      13

      The President you advised………..
      #….. couldn’t even get nomination for his second term.
      #….. became the first one term President chased out by the people.
      #….. destroyed his own party.
      #….. saved from gutter by GR in 2020 parliamentary election.
      #….. made a rank of president a laughing stock.
      .
      The Prime Minister you advised……….
      #….. couldn’t get nomination from his own party for 2019 presidential election.
      #….. got reduced to mare 3% on 2020 parliament election.
      #….. lost his seat in parliament.
      #….. destroyed his own party.
      #…. hanging on to leadership because you effectively removed his “shame nerve” and “shame vain”
      .
      The new constitution you promised……..
      #….. where is it…..?
      .
      Solution for so called “ethnic issue” you said we have……….
      #….. where is it…..?
      .
      .
      .
      DO WE HAVE TO LISTEN TO YOU…..?

      • 3
        7

        Oru mitta Nadu?

        :))

        • 4
          14

          Mr. GATAM,
          .
          “Otrai – Aatchi”
          .
          “Orumitha” – Unity of more than one.
          “Otrai” – singular.

      • 10
        2

        S. C. Passqual

        “The Prime Minister you advised………. … ….. destroyed his own party.”

        It’s alright if a party is destroyed, in the case of Mahinda, Gota, Basil, … the siblings destroyed their daddy’s party and the country.
        It appears they are going around the world with their begging bowl to survive for next few months.

        “Solution for so called “ethnic issue” you said we have……….
        #….. where is it…..?”

        As long as you remain stupid and the problem there is no solution.

    • 7
      3

      This comment was removed by a moderator because it didn’t abide by our Comment policy.

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      • 7
        2

        S. C. Passqual

        Thanks for keeping it brief.
        Keep up your good work.

      • 0
        0

        Ms. SCP (Gender is identificiable)
        .
        Did you start with Kindergarten lessions ?

        Medamulana pattapal horu could find you a better place.
        :
        When would you grow up man ?

  • 12
    5

    Dr Jayampathy Wickramaratne

    You can not absolved that easily from the mess you have created. Your PM and so called independent commissions had all the power, but could not deliver the intended outcome. This is why we are here now. Members of independent commissions behave erratically. PM could not deliver because PM could not work with anyone. If all commission appointed people could have been subjected law of land, they could have been easily removed. Accountability and responsibility would be with one person. If desired results not delivered that person is answerable and people will remove that person from office. Yes. Let’s have a referendum. I suggest if that is required, go for the new constitution as we don’t want to waste money twice. I personally believe that there won’t be a need for a referendum as this salespeople was put in front of people during both Presidential and general election as it constitutes a referendum. Now it is a pay back time as per people’s verdict.

    • 1
      3

      Type not “this salespeople”..”this proposal”

    • 2
      0

      Atu,
      if you are honest to you, if there had been no independent EC, no doubt, the numbers of COVID patients would have gone rapidly up.
      .
      Remember, the manner the bitch s sons were ready to go for holding election as early as March 2020 ?
      .-
      https://kvia.com/news/us-world/2020/09/09/convicted-murderer-on-death-row-sworn-in-by-sri-lankan-parliament/

      Rajapakshes make records by letting CONVICTED criminals be entering the parliament.
      :
      Now the question arises, if the country s parliament is supreme any further ? Rajapakshes are the world champions to break almost everything – the world press is well alert on srilanken crime friendly acts.

  • 12
    2

    Easily the best analysis of the merits of the 19thA and the dangers inherent in the proposed 20thA. No doubt Dr. Jayampathy W. believes in a Constitution for the PEOPLE [SOVEREIGNTY] as opposed to a Constitution to further the interests of a FAMILY.
    Therefore, it needs to be placed before the PEOPLE at a Referendum. The AG, however thinks otherwise.
    The PEOPLE were not told about the inherent features of the 20th A.that would impinge on them as a consequence of its adoption.
    The Rajapakses merely asked for a 2/3rds majority to abolish the Constitution so as to move forward the interests of a Sinhala Buddhist State. Their electorate have swallowed the bait hook,line and sinker!

  • 23
    15

    Mr Wickramaratna,

    Are you writing from Switzerland?
    ]
    Sir, didn’t you notice that the Sri Lankan people, 72% of them, elected a new government on last August 20, granting the new crowd a mandate to draft a new constitution and to remove the self-serving amendments (!(A) you added to the old one?
    ]
    Didn’t you notice that the AG determined that the government can go ahead with removing 19A that destroyed our country between 2015-2020, including by allowing the Easter Sunday bombing?
    ]
    You want the government to override his advice in favour of yours?[edited out]

    With your record on drafting constitutions (one with 9 independent ‘states’ without any central control from Colombo), why do you think our people or the government will accept your opinion that a referendum is necessary before the 2oth amendment? Are you for real?
    ]
    [edited out]
    ]
    You and your constitution have been thrown in the dustbin.

    • 17
      16

      Here it is (or there you are)

      “Sir, didn’t you notice that the Sri Lankan people, 72% of them, elected a new government on last August 20,”

      I will make it easy for you.
      Eligible electors……………………………………………………………………….16,263,885 – 100.00%
      Voted for SLPP……………………………………………………………………………6,853,690 – 42.14 %

      Number of voters who refrained from voting for SLPP………… 9,410,195 – 57.86%

      9,410,195 > 6,853,690 (57.86% > 42.14%)

      Therefore only 42.14% Registered Electors voted for the SLPP.
      And 57.86% of Registered Electors did not vote for the crooks.

      SLPP with all its crooks and war criminals couldn’t persuade 50% of the registered electors to vote for the crooked party.

      You do not have to return fire.
      Sit, relax, reflect/ think and then type.

      • 2
        6

        Mr. NATIVE Sudda,
        .
        Yes.
        And yet,
        We rule you.
        .
        We rule Local Government…..
        We rule Parliament…..
        We rule Presidency…..
        We rule Military…..
        We rule Religious Matters…..
        We rule Social Media…..
        We rule Mass Media…..
        .
        Any problem with that…..?

        • 4
          1

          S. C. Passqual

          “We rule Local Government….., We rule Parliament….. We rule Presidency….. We rule Military….. We rule Religious Matters….. We rule Social Media….. We rule Mass Media…..”

          Brits handed over consolidated, united, divered, ……….. to the Nayake in 1948 on platter.

          The saffron brigades gave a large begging bowl to the country and in exchange they got all the powers and perks. You know saffron brigades are supposed to beg for their food yet Mahinda, Gota, …. and Nayakes are still begging for food from Hindia, China, IMF, WB, ADB, —- and send your woman folks to Medieval Middle east Kingdoms to be mistreated, all because you could have a very good life, eat, drink, and party, …..

          Shameless dumbasses.
          I suggest you ask your political leaders to wear “Long sleeved white jumper
          and checked cloth” suitable for Condemned Male Prisoners, instead of whiter than white Aryan Suite.

        • 1
          0

          Of course the biggest problem is that you guys do that as a headless chicken would do
          .
          1) Today, you are speechless when raising the questions as to why they dont open BIA for our flights
          .
          2) Today youa re speechless if our ranks are far behind that of India even if your subjective statistics (you the fake virologists) restrict the death rate upto 12
          .
          3) You guys have done nothing regarding the pledges made to the stupid folks. So long they remain stupdier you mislead them. But how many more years ? I dont think that current rulers would manage to handle it another 2 years. Wait and see.
          .
          4) We are patient – and we only want OUR people to learn see it right.
          :
          5) what we ve been witnessing is – another Somalia in making is becoming the reality.
          :
          6) You have to start with your kindergarten lessions, and Gota should go to a school again. Both would not work, …. so this island’s sinking is not stoppable.

          https://www.youtube.com/watch?v=qdlXWhK_b8g

    • 10
      4

      Here it is (or there you are)

      “Sir, didn’t you notice that the Sri Lankan people, 72% of them, elected a new government on last August 20,”

      I will make it easy for you.
      Eligible electors………………………………………………………………….16,263,885 – 100.00%
      Voted for SLPP…………………………………………………………….. ………6,853,690 – 42.14 %

      Number of voters who refrained from voting for SLPP………9,410,195 – 57.86%

      9,410,195 > 6,853,690 (57.86% > 42.14%)

      Therefore only 42.14% Registered Electors voted for the SLPP.
      And 57.86% of Registered Electors did not vote for the crooks.

      SLPP with all its crooks and war criminals couldn’t persuade 50% of the registered electors to vote for the crooked party.

      You do not have to return fire.
      Sit, relax, reflect/ think and then type.

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        • 7
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          N. Pererass

          Thanks for keeping it brief.

        • 4
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          Hello n pee perera
          3 reject s.
          Caught leg before wicket.
          Scored a hatrick

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    Simple readers like me did not expect people like the author who was at the helm of 19A to frame a constitutional jargon for ultimately to have another one man show, namely Ranil’s show to control the judiciary and the law and to break the law brazenly by various scams. Although the author may not be a participant of all the mischief, he was a part of that framework and hence culpable. When people like me voted for the “Yahapalana” set up in 2015, we wanted good governance and not verbosity of the verbal garbage couched legalistically to have all what should not be.

    • 1
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      Good Sense ,

      It is a game and a very simple game ! All our professionals are
      ready seated to excel in great mischief and they are very
      proud of it and these crooks on both sides only keep checking
      who destroyed the nation best ! You have a country full of
      crooks ! This will hurt many , but that is the truth !

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    Jayampathy needs to get one thing clear when he clamours for a referendum. The people have already given approval for their “people’s chief” to do as he wants, in order to make Sri Lanka have vistas of splendour and discipline. Jayampathy is clutching at straws while appearing to beat his own drum as a co-architect of an archaic system where the Sinhala people were forced to follow British dictates on “rights” and “obligations” etc. I say that we let the King in all his wisdom, solve all the people’s problems as they used to do in those glorious days when the Heladiva reigned supreme over all. .

    • 3
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      Lasantha Pethiyagoda

      “archaic system where the Sinhala people were forced to follow British dictates on “rights” and “obligations” etc. “

      You should have known better that it was not just Sinhala People who were living in this island when Brits dictated their “rights” and “obligations” etc..

      Could you mention the days when the Heladiva exclusively reigned supreme over all apart from the days when Cholas; Pandyas, Maha, Zeng He, Portuguese, Dutch, Brits, ….. Arya Chakravartis, Nayakas, ….

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    Every Sri Lankan knows all this but people can not do any thing about it now. even if people go for a referendum, I’m sure government will win it with back door, this government got all crooks to do their dirty politics. So, let us see how Sri Lanka descends day by day into dictatorial rules. The main problem is judges could be bought and sold in the market in Sri Lanka and politicians could fool them. Do you think that such a change in a rush can be taken place in any western countries. This tells us stupidity of Sri Lankan people. Politicians could play with them

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      • 0
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        Dear Ultra Racist, Eagle Eye.
        Thanks for making it shorter !
        Get well soon !

        LM,

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      The present regime is turning this country into an authoritarian state, our democracy is being slowly eroded, and it is done in a very gradual way, that is will go unnoticed. They are also playing to their Sinhala Buddhist base, by making this a Buddhist state, and it seems top on the agenda is the banning of cattle slaughter, another shot at the minority.
      These pro Buddhist policies will make sure, their base, even if deprived of basic necessities, will remain faithful to the Rajapaksas. Sri Lanka as we have known it, will never be the same.

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      Mr. Labbe,
      .
      Every Sri Lankan knows all this are – lies wrapped in “Yahapalana” tissue.
      That’s why these ideology was rejected in 4 consecutive elections.
      .

      .

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    I am inclined to believe that a constitution is not only meant to guide the President, Prime Minister, Ministers and MPs, and the Parliament to function. It is meant for the whole citizens of the country and therefore it has to be approved by all citizens (at least 90%) prior, to being made the law of the Land. It is imperative, that all citizens are given equal opportunity to understand the constitution with a clarification of words that are ambiguous terms. Ambiguity should be avoided as far as possible. All three languages Sinhala/Tamil/English should carry the same meaning instead of stating that Sinhala interpretation will ‘Carry the Crown,’ when there is a difference. I believe that the constitution will be initially drafted in the English language and thereafter translated into Sinhala/ Tamil language to facilitate drafting. Wherever- controversial matters affecting the Tamils and Muslims of the north and east are discussed in the constitution, the political parties of both should be consulted and approval obtained from them with a 2/3 majority.
    Amendment to the 19th chapter, if any, should be included in the draft of the constitution rather than rushing it through arbitarily.

  • 5
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    People decided that they need a strong Executive President to accelerate economic growth and prosperity and elected President GR. The poorly drafted 19th amendment with clauses designed to keep some members of the Rajapaksa family out of the parliament was rejected by the people at the parliamentary election, by a vote of no confidence against UNP. A 2/3rds majority was given to change the constitution, hopefully to accelerate the growth of the economy.

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      Hopefully to accelerate the growth of the economy and desperately hope that it will not be abused for personal advantage or loss of basic freedoms.

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        But past examples of ALL those who were in power (except DBW who anyway was DB) do not make anyone to think otherwise and that power will be exercised for benefit of country or the wellbeing of the voter. Sad but true. Let us hope for a Miracle.

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    Not only will 20A be passed and enacted, other parties will promise to repeal it when they come to
    power. Of course, they never will repeal it.

  • 13
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    Guys, just herd the news. Is it true. Uncle Mahinda is planning to retire from politics in two years and Basil is going to take over PM position, until Nimal is ready. Recently Basil told media he will be entering the house, in due course. That makes me to believe the story must be true. Also recently there is a murmur doing rounds “Dual Citizenship is good for Lanka and should be acceptable in politics.The public has handed over the country and their future to a Family who is considering it as their self owned business enterprise. Did those millions vote for Uncle or Basil. Does it really matter ???? When the powers are with a family what is purpose of a constitution. These intellectually stimulating debates and analysis helps keeping those experts busy.

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      • 3
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        Eagle Brain Dead Blind Eye

        Thanks for keeping it brief.
        Keep up your good work.

  • 8
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    Here it is (or there you are)

    “Sir, didn’t you notice that the Sri Lankan people, 72% of them, elected a new government on last August 20,”

    I will make it easy for you.
    Eligible electors………………………………………………………………….16,263,885 – 100.00%
    Voted for SLPP…………………………………………………………….. ………6,853,690 – 42.14 %

    Number of voters who refrained from voting for SLPP………9,410,195 – 57.86%

    9,410,195 > 6,853,690 (57.86% > 42.14%)

    Therefore only 42.14% Registered Electors voted for the SLPP.
    And 57.86% of Registered Electors did not vote for the crooks.

    SLPP with all its crooks and war criminals couldn’t persuade 50% of the registered electors to vote for the crooked party.

    You do not have to return fire.
    Sit, relax, reflect/ think and then type.

    • 4
      4

      Native (Fake) Vedda,
      You can keep on dreaming with those figures. Nothing is going to change. Sinhalayo sent ‘Jadapalakayo’ to wilderness. Made ‘King Makers’ redundant.
      I hear your friends in the North are going on a pilgrimage to Hindia chanting ‘Modi Saranam Gachchami’.
      I understand that Hindu Gods are very powerful and deliver results. I wonder why Malabar Vellala Demala politicians run to Hindia instead of praying to their Hindu Gods. May be there is no God assigned with the subject ‘Federalism’.

      • 1
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        ” Modi Saranam Gachchami’.”

        Eagle,
        I think it is many times better than your mate Deva’s Slogan while going to Colombo::”Moda Saranam Gachchami’.”

        • 2
          1

          I think it is many times better than your mate Deva’s Slogan while going to Colombo:

          Moda Saranam Gachchami,
          Goda Saranam Gachchami,
          Balda Saranam Gachchami,

      • 1
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        “I hear your friends in the North are going on a pilgrimage to Hindia chanting ‘Modi Saranam Gachchami’.”

        I read in news that Veerakuty has been summoned by Hindian High Commission about 13.

        A High Commission summoning a minister, can this happen?

      • 5
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        Eagle Brain Dead Blind Eye

        Stupid man, Gota/Mahinda partnership is doing well.

        Gota ordered a price control regime a few weeks ago, the maximum price of egg is being fixed at Rs 10.00. Bakery owners want to import eggs to keep their bakery business going, in case if you do not know Bakers need eggs to bake cake.

        Mahinda agreed to ban all forms of cattle slaughter in this island. However he is going to allow businessmen import beef. He is yet to announce what to do with aging cows which do not produce milk. Who will feed the the cattle which are not economically viable?

        1. Place them in every Vihare, Mahinda’s paddy fields, Gota’s army camps, Basil’s luxury homes, ……………… in order to look after the lot until natural death.

        2. Aging cattle can be exported to Slaughterhouses abroad then import packaged beef to feed those who enjoy deviled beef, beef curry, ………. including the hypocrites who urged Mahinda to ban cattle slaughter in the first place.

        3. The CHAPTER II of the constitution should be amended.

    • 1
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      Your point is?

      The distribution is what matters.

      Yes, it is not fair and all participating candidates agreed to the rules.

      By the way, I am not a fan of Paksas.

      • 2
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        KA

        Are you talking to yourself?

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  • 10
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    This is exactly Lankan politics, since the time of independence. There is no single politician who is genuine or committed. Jeyampathy says he and other burned the midnight oil and came up with a draft, which was later watered down by our politicians, MS being the President and the opposition vehemently opposed, ruling UNP and others offered little resistance, TNA absconded and JVP was not invited , hence we have 20th being prepared now. . It is hilarious to see Lankans talking about constitution, Parliament, elections and democrazy which is just on paper. What was removed will be brought back (in many fold) and then the opposition will promise to remove it again and “the game of bluff” will continue, in the mean time Lankans will patiently wait for their turn in ‘Vistas of Splendor”,but as promised there will be abundance of virtuous and discipline in supply. Enjoy.

  • 7
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    Today ” Chokka Malli” took oaths in the parliament and reportedly SJB walked out . I guess there is a clause in our great constitution for such occasions. Does it say “I will respect and abide by the law and work for my people” ??? Jeyampathy you must be joking. Be serious. You just want to waste again and bill the tax payers, billions on a referendum.

  • 4
    3

    Incompetent to frame a constitution from an exam cheat with no skill set to comment about the constitution. My take is these incompetent people should be charged for treason for creating mayhem in the country.
    Jayampathy Wickramaratne should be ashamed and should be sleeping under a rock. People have long memories for traitors and hope you live long enough to accept your stupidity.

  • 3
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    If not for people like Vigneswaran I would have opposed 20A. But 20A and a Sinhala dictator are now required to show the losers who is in charge.

    • 5
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      Gatam
      It is exactly the point behind my thinking. When there is an action there is an inevitable reaction. Extremist section of Tamils push Sinhalese government to extremism. This is the result. Moderate Tamils knowingly or unknowingly support this push All suffer together. We can not change history. Good and bad things happened. Before chasing history, first get-together and get the present systems right. Sometimes we have to forget about painful past when the forces against is too much to face. Tamils must learn this. They may say I am a racist. If I am, I would not have hired a young Tamil Engineer who competed with a Sinhalese engineer based purely on merit basis, last week. Mark me. If you follow Viggis path you all end up same lagoon.

    • 5
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      GATAM

      “0A and a Sinhala dictator are now required to show the losers who is in charge.”

      Stupid Boy, don’t you know its always been the Hindians who have been in charge of this island?

      Any chance you are a descendant of Kumbhakarna, seems to be sleeping most of your life time?

  • 0
    3

    No point of going for a referendum results will be the same.

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