By Nihal Jayawickrama –
Dr Nihal Jayawickrama
The abolition of the office of Executive President was a commitment that was made by Mr. Anura Kumara Dissanayake, the leader of the NPP shortly before the Presidential Election. Following his election by the people to the office of President of the Republic, and the overwhelming majority which his party received in the general election, it may be confidently assumed that steps will shortly be taken to implement that commitment.
The events that followed the enactment of the 19th Amendment to the Constitution in 2015 demonstrated the futility of the partial abolition of the Executive Presidency. That amendment, while requiring the President to act on the advice of the Prime Minister, enabled the incumbent President (through a transitional provision) to preside over meetings of the Cabinet and also hold three key portfolios. When a few months later Parliament was dissolved, the general election was conducted under laws which had been formulated to complement an executive presidency. No provision was made for the election of the constitutional Head of State. A JVP Bill that sought to rectify the omission was held by the Supreme Court to require approval at a referendum in a determination which, it is submitted, was flawed in law and made per incuriam. Therefore, the abolition of the office of Executive President should be but one element in a comprehensive restructuring of the governmental structure. In other words, a new Constitution.
A government spokesperson was reported to have stated that the government will introduce a new Constitution in three years. Why three years? This reminds one of the futile and expensive exercise engaged in by the yahapalana government for over four years which ended with a 400-Article draft (one of the longest in the world) which was never even published. It may be recalled that the 1946 Constitution, expressed in only 92 Articles, which served the country and its people for 25 years, through a hartal, the assassination of a Prime Minister, an attempted military coup, and a youth insurgency, and yet provided relative tranquility, stable government and respect for individual rights and freedoms, was drafted by a young assistant legal draftsman in barely three months (according to him, using two fingers on a borrowed typewriter). Even the 1972 constitution-making exercise, through a Constituent Assembly, was completed in 21 months, with the actual drafting being done in barely two months.
Contrary to popular belief, the approval of the people at a referendum is not required for the repeal and replacement of the Constitution. What is required under Article 82(5) is that the number of votes cast in favour amounts to not less than two-thirds of the whole number of members of Parliament. Indeed, a referendum is not suitable for consulting the population on a complex issue such as the text of a new Constitution. For example, in Canada in 1992, a Bill designed to give effect to the multicultural character of that country, known as the Charlottetown Accord, which had been agreed upon by all the First Ministers and territorial and aboriginal leaders, was rejected at a national referendum for reasons which had no relevance whatsoever to the question at issue. Foremost among these was the widespread unpopularity of the then Prime Minister of Canada. In the United Kingdom in 2017, the referendum on the question of leaving the European Union received the affirmative votes of some who believed that it would lead to the restoration of the British Empire. An unnecessary referendum on the Constitution could lead to a voter who disapproves of a single provision voting to reject the Constitution altogether.
Unnecessary Provisions
In designing a template for a new Constitution, it is useful to commence by identifying those provisions of the present Constitution which should be omitted altogether.
The State
The 1972 Constitution described the State in the following terms:
Sri Lanka (Ceylon) is a Free, Sovereign and Independent Republic.
The 1978 Constitution added the words “Democratic Socialist” while rejecting the socialist policies of its predecessor and extending the life of Parliament without a general election. Accordingly, I would suggest that the 1972 formulation be restored.
The Unitary State
The whimsical intervention of a senior Cabinet Minister, acting on impulse, resulted in the inclusion of the following provision in the 1972 Constitution:
“The Republic of Sri Lanka is a Unitary State”
The 1978 Constitution not only repeated this provision, but also prevented its repeal except with a two-thirds majority in Parliament and approval of the people at a referendum. This impetuous, ill-considered, and wholly unnecessary embellishment would, in the years to follow, reach the proportions of a political battle cry.
Sovereignty
The 1972 Constitution contained the following provision:
“In the Republic of Sri Lanka, Sovereignty is in the People and is inalienable”.
The 1978 Constitution expanded on that provision, making it unamendable except with a two-third vote in Parliament, followed by a referendum, and thereby stultified the legislative process.
Until 1972, all power flowed from the British monarch. The supreme law then in force was the Ceylon (Constitution) Order in Council 1946. However, the 1972 Constitution was not enacted by Parliament under powers conferred by that Order-in-Council. The 1972 Constitution was an autochthonous Constitution. It was drafted, adopted and enacted outside the existing constitutional framework, not in Parliament but at Navarangahala, a school hall, by persons who were elected to the House of Representatives at the general election of 1970. They asserted that sovereignty flowed not from “The King’s Most Excellent Majesty in Council”, but from the People who had given them a mandate “to function as a Constituent Assembly to draft, adopt and operate a new Constitution that will declare Ceylon to be a free, sovereign and independent Republic”. It was in the exercise of that sovereignty, derived from the People, that they proceeded to draft and enact a new Constitution.
That sovereignty of the people was declared to be inalienable in the sense that it could not be transferred, for example, to a foreign power, the military, or a political party, or indeed restored to the British Crown. That was the rationale for asserting for the first time in a constitution of our country that sovereignty was in the People. It was necessary in order to give legitimacy to that Constitution. It was unnecessary to have reaffirmed it in the 1978 Constitution. Nor does it require repetition today. I have not been able to find a similar provision in any other Commonwealth constitution.
Buddhism
The question of constitutional protection for Buddhism was first raised when the 1972 Constitution was being drafted. It was originally sought to impose a duty on the State to protect the institutions and traditional places of Buddhist worship. Over time, that proposal metamorphosed into a requirement that the State shall give to Buddhism “the foremost place”, and shall “protect and foster Buddhism”, whatever these terms might mean. Representatives of lay organizations urged that Buddhism be declared the state religion, while some senior monks emphatically opposed the concept of a state religion and were more interested in the establishment of ownership of property required for the performance of rites and rituals.
This constitutional provision is very divisive and provocative and identifies those Sri Lankan citizens who profess their belief in the great religions such as Hinduism, Christianity and Islam as being “the other” in the Sri Lankan polity. What the Buddha preached was a philosophy of life. Tolerance and pluralism form the basis of that philosophy. If Buddhist Philosophy was able to survive in the hearts and minds of the people through 450 years of western colonial rule, a constitutional injunction is surely not necessary to keep it alive in the free, sovereign and independent Sri Lanka.
Directive Principles of State Policy
The 1972 Constitution introduced for the first time an ideological statement of “Directive Principles of State Policy” which were declared to be not enforceable in any court; not to confer legal rights; and no question of inconsistency with them could be raised in the Constitutional Court or any other Court. However, in another part of the Constitution it was stated that the exercise and operation of the guaranteed fundamental rights and freedoms shall be subject to such restrictions as may be necessary for “giving effect to the Principles of State Policy”. Consequently, when the Bill to vest the Associated Newspapers of Ceylon Ltd was challenged, the Constitutional Court held that although the Bill infringed the freedom of association of the shareholders and directors of the company, it was nevertheless validated by the fact that it sought to achieve two of the Principles of State Policy, namely, “the development of collective forms of property”, and “raising the moral and cultural standards of the people”. The 1978 Constitution too contains a similar statement of unenforceable Principles of State Policy.
Political ideology should have no place in a national constitution. Values and priorities change with the needs and pressures of a given time. The Constitution, which is the supreme and fundamental law, must therefore be sufficiently flexible to enable different shades of political opinion to be developed and implemented from time to time.
Essential Elements Of A New Constitution
Recognition of Diversity
The Constitution must recognize that Sri Lanka is not only a secular State, but is also a multi-ethnic, multi-religious, and multi-cultural State. The tragedy of Sri Lanka is that many of our politicians have refused to recognize the fact – the unalterable, immutable, and enduring fact – that we are a multicultural country. In the contemporary multicultural State, minority communities have rights in common with, and no less than, everyone else. Indeed, because of the need to protect the distinctive character and identity of minority communities, which is what constitutes the cultural mosaic of the State, they even enjoy additional rights. For example, contemporary international law protects the physical existence of minority groups by criminalizing genocide, by recognizing the right to seek asylum, and by prohibiting discrimination.
International Human Rights Law now provides guidance on the minimum acceptable standards for peaceful co-existence in a multicultural society. They include the right of minorities to use their own language, to profess and practise their own religion and the right to enjoy their own culture. International law also recognizes the right of a minority to determine its political status, and the right to participate effectively in decision-making, both at regional and national levels. Therefore, power-sharing at the centre is a requirement that should be incorporated in the Constitution. Whichever political party forms the government, it should be mandatory for the different ethnic groups to be represented in the Cabinet, at least in proportion to the number of such members elected to Parliament.
The Official Languages
The Constitution must recognize Sinhala, Tamil and English as the Official Languages of the State.
The 1978 Constitution declares Sinhala and Tamil to be the “official languages”, and English to be the “link language”, whatever that might mean in terms of constitutional law. Thereafter, Sinhala and Tamil are described as the “national languages”. Then follow several other provisions detailing the language of administration, of legislation and of courts. Language is not only a mode of communication; it is also the medium through which knowledge is acquired. It is unfortunate, but true, that Sinhala does not serve either purpose adequately. Political leaders with foresight and sagacity, on the African continent, and in countries such as India, Singapore, and Malaysia, retained English – now the acknowledged international language. They adopted it as the medium of instruction, and thereby ensured that their peoples could communicate with the world beyond their geographical boundaries and acquire the knowledge that now emerges as rapidly as the old is debunked, and equip themselves to serve the global community in capacities other than as domestic helpers and semi-skilled workers.
A Constitutional Head of State
For thirty years after Independence, this country had a constitutional Head of State. He symbolized the State, not the ruling party. He was the principal unifying figure in the country; the non-partisan, independent, symbol of the State who provided stability to the State. He was accessible to anyone of whichever political persuasion, especially when the heavy hand of government was felt. He performed the ceremonial functions of the government, leaving to the political head the resolution of the important matters of State. Although the constitutional Head of State was required to act on advice, there have been troubling times when the Cabinet of Ministers sought his advice on how to deal with a particular situation. There have also been occasions when the constitutional Head of State requested reconsideration, or even declined to act as advised until he was furnished with sufficient reasons for doing so.
In a multicultural country such as Sri Lanka, it is desirable that, in addition to the President, there should also be two Vice-Presidents. A new Constitution should therefore provide that:
a) There shall be a President of the Republic who is the Head of State, the Head of the Executive, and the Commander-in-Chief of the Armed Forces.
b) There shall be two Vice-Presidents who shall belong to two different ethnic groups, and neither of whom should belong to the ethnic group of the President.
c) The President and Vice-Presidents shall be elected by Parliament. Their term of office shall be six years.
d) The President and Vice-Presidents shall, except as otherwise provided by the Constitution, act on the advice of the Prime Minister, or of such other Minister to whom the Prime Minister may have given authority to advise the President on any function assigned to that Minister.
e) Whenever the President is prevented by illness or other cause from performing the duties of his office or is absent from Sri Lanka, a Vice-President designated by the Prime Minister shall act in the office of the President.
The Electoral System
The election of members of parliament from 21 District Lists, based on proportional representation, was introduced by Mr. JR Jayewardene as an integral element in the presidential executive system of government. Since each District encompassed several former constituencies, the expenditure involved in campaigning in such a large extent of territory, and the need to raise money for that purpose from various sources, inevitably on a quid pro quo basis, has been identified as one of the principal factors leading to corruption. The return to the first past-the-post system of single-member/multi-member constituencies, supplemented with an element of proportional representation to ensure that unrepresented interests are adequately represented, and that there is an equitable distribution of seats based on the totality of votes cast for each political party, ought to be an essential adjunct to the parliamentary executive system of governance.
Local Government
Local government is best undertaken by restoring the time-tested institutions, namely, village councils, urban councils, and municipal councils, complemented perhaps with District Development Boards. The extremely expensive concept of nine Provincial Councils, each with a Governor and a Board of Ministers, introduced at the request of the Government of India at the height of the ethnic conflict, has lost its relevance and ought to be abandoned.
Fundamental Rights
Over 30 years ago, Sri Lanka signed and ratified the two international covenants that define the universally accepted civil, political, economic, social, and cultural rights. However, successive governments failed to give constitutional force to the rights recognized in them, or to provide effective remedies. The 1978 Constitution selectively designated a few of these rights as fundamental rights and subjected even those to numerous restrictions. For example, the right to life is omitted. Others omitted include family rights, the right to privacy, the right to property, the freedom to leave the country, the right to seek, receive and impart information and ideas, the right to a fair hearing in respect of civil rights and obligations, and the rights of accused persons. “Birth or other status” is not a prohibited ground of discrimination, thereby enabling the perpetuation of the concept of illegitimate children. And, of course, none of the economic, social, or cultural rights are recognized. Finally, all existing law is declared to be valid and operative notwithstanding any inconsistency with the chapter on fundamental rights. Thereby, the entire body of law enacted over a period of 176 years, a veritable armoury of archaic powers and more recent intrusions into human dignity, remains in force notwithstanding any conflict with fundamental rights.
When the citizens agree to be governed, what they insist in return from the rulers is that their rights and freedoms be effectively guaranteed. The Constitution should provide, as it does in many other countries, that an international human rights treaty, when ratified, will have the force of law, superseding any inconsistent existing law. If the government is unwilling to do so, why ratify a treaty at all? Alternatively, at least the provisions of the two international human rights covenants should be incorporated in the Constitution. That is not only a matter of sound commonsense and prudent governance; it is also a solemn treaty obligation.
Ex Post Facto review of Legislation
The concept of anticipatory review of a Bill is intrinsically flawed. It is a procedure whereby a Bill is examined and tested for constitutionality, not with reference to an act performed in the course of its actual implementation, but on a purely hypothetically basis. It is particularly important (even if the existing provisions for examining the constitutionality of Bills are retained) that the judicial review of legislation be restored. It is often when a law is being applied that its negative impact on a fundamental right, or on any other provision of the Constitution, becomes evident; not when a Bill is examined in the abstract.
The meaning and content of laws also do not remain frozen in time. Consider, for instance, the Right to Life, which was originally thought to mean only the arbitrary deprivation of life. Over the years it has been interpreted to include the right to food, the right to livelihood, protection from the illicit dumping of toxic and dangerous substances and waste, access to medical services and protection from nuclear weapons, as well as the protection of the unborn child. The concept of Torture now includes minimum or mandatory sentences, and corporal punishment in schools. These are contemporary definitions of constitutional provisions which judges and lawyers may not have invoked when a particular Bill was examined in the abstract.
A Constitutional Court
The concept of constitutional jurisprudence is now a permanent feature of democratic political systems. It is derived from the principle of the separation of powers. A Constitutional Court, consisting of judges possessing the required expertise, should be established at the apex of the judicial hierarchy to exercise the fundamental rights and constitutional jurisdictions, including the judicial review of legislation. It will also enable the Supreme Court and other regular existing courts to focus on the enormous backlog that has developed over the years. The Constitutional Court does not review decisions of other courts but may do so if a question of great general or public importance arises in the proceedings of any court. It is a specialized court whose fields of competence are distinct from those of the Supreme Court.
Permanent Secretaries
The 1946 Constitution required a Permanent Secretary to exercise supervision over the departments assigned to the Ministry “subject to the general direction and control of his Minister”. General direction and control referred to matters of policy only, as clarified by Prime Minister Dudley Senanayake. In the 1972/1978 Constitutions the word “general” was deleted. Thereafter, the Permanent Secretary was required to perform his functions “subject to the direction and control” of the Minister, while being himself personally responsible to Parliament as “the chief accounting officer” of the Ministry. The Minister, and through him numerous parliamentarians and constituents, became directly involved in the decision-making processes of government departments without incurring any accountability. The process of politicising the public service began. It is essential that the 1946 provision be reinstated.
Conclusion
We need to look ahead to the next twenty-five years and ask whether the framework of governance prescribed in the 1970s is appropriate or adequate to meet the challenges of the new millennium. Instead of regular and repeated assertions of Independence and Sovereignty, which reminds one of the fish that grows in a pond and considers itself the king of the sea, we must awaken to the reality that Sri Lanka, in common with the rest of the world, is now inextricably linked to the global village. As a former Chief Justice of Kenya once observed, we must not overstay our welcome in the pond when the ocean beckons.
*Dr Nihal Jayawickrama, LL.B (Ceylon), Ph.D (London) is a former Permanent Secretary to the Ministry of Justice who also served briefly as Attorney-General. He was Associate Professor of Comparative Constitutional Law at the University of Hong Kong, and the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan in Canada. He is the author of The Judicial Application of Human Rights Law (Cambridge University Press, 2002, 2nd ed.2017, 1200 pp). This article is based on a paper presented by him at the Sri Lanka Law College 150th Anniversary International Research Conference recently.
Nathan / December 7, 2024
… The Constitution must recognize that Sri Lanka is not only a secular State, but is also a multi-ethnic, multi-religious, and multi-cultural State.
Once this fact gets embedded in it the Constitution would be considered acceptable to all.
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Dr. Gnana Sankaralingam / December 8, 2024
New constitution must reflect not only on Sinhala desire for system change but also on Tamil demand for autonomy.
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Ajith / December 8, 2024
“Therefore, power-sharing at the centre is a requirement that should be incorporated in the Constitution”
This is very important requirement for the country, economy and people. You may need nine provinces but you don’t need nine administrative bodies to share with centre.
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SJ / December 9, 2024
Autonomy like what they practiced in the NPC?
No thanks.
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Dr. Gnana Sankaralingam / December 10, 2024
NPC failed because a joker who did not have a clue how to run it was made the chief minster. Now another joker of same capacity who has been rejected by the people wants to be the next chief minister.
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SJ / December 10, 2024
The joker was what the other jokers chose.
Would it have made any difference who the joker was?
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davidthegood / December 10, 2024
Dr.GS, Far too long has the Tamil demand for autonomy been that it needs to be realized that a better option is to get on with life as a unity without separatism, so that Tamils living in the South are well off having the same options as other ethnic groups. All have the same final judgement without ethnicity, but is sinfulness denying God.
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nimal fernando / December 8, 2024
In the 70s, Nigeria copied/adopted the American constitution word for word. ………… An America out of Nigeria it didn’t make.
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The American constitution can’t protect America from Donald Trump.
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Just like our constitution/constitutions didn’t protect us from our rulers.
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The importance of constitutions in underdeveloped, half-made, primitive societies ……. is exaggerate/overemphasised.
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If the rulers’ intentions are good/benign ……. that itself makes a worthwhile constitution.
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Nathan / December 8, 2024
nimal fernando,
You look at a constitution as an instrument of protection. I look at it as an instrument of safeguard.
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old codger / December 8, 2024
Nimal,
“In the 70s, Nigeria copied/adopted the American constitution word for word.”
Yes, a very interesting fact.
Our Constitution is very strong on paper about rights, but so far it hasn’t stopped people disappearing when the state feels like it.
On the other hand, the UK doesn’t have any written constitution.
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LankaScot / December 8, 2024
Hello OC,
Although the UK doesn’t have a written Constitution, it does have a long history of bringing the Powers of the Rulers under the Law e.g. Magna Carta 1215 – “It established that the king and his government were not above the law” King John was forced to sign this at Runnymede and the subsequent Kings mostly ratified it. We have to ask Lester if the Magna Carta’s use of “habeas corpus” has been replaced by his policy of “Hide the Bodies by destroying the Cemeteries”.
Best regards
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Mahila / December 9, 2024
LS.
That’s a Great question to seek answers!!???
Unfortunately, your seeking from the court Jester may not render anything useful!!??
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Lester / December 9, 2024
Hello Scot,
Hindus are cremated, not buried. The only thing being “destroyed” are headstones.
By the way, the Zionists are gloating over the fall of Syria. Turkey is now the “best friend” of Israel.
https://www.youtube.com/watch?v=rL3y2OEY0qA&ab_channel=YishaiFleisher
Good luck with a Palestinian state. Iran, Syria, and Hezbollah did more to help the Palestinians than Saudi Head Chopper, Erdogan, and the rest of the UAE crew. Although Qatar did fund Hamas and Lie-zeera served as the propaganda wing.
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old codger / December 9, 2024
“Hindus are cremated, not buried. The only thing being “destroyed” are headstones”
The Great Liar doesn’t know that a greater percentage of Tamils are Christian compared with the Sinhalese. What could one expect from a guy who once argued that 89% of the population are Sinhalese?
Furthermore, the Great Liar is unaware that even Hindu dead were not cremated by the LTTE.
Answer to Why did LTTE bury its fallen cadres in Tamil Eelam? Why were they not cremated? by Chamindra Perera https://www.quora.com/Why-did-LTTE-bury-its-fallen-cadres-in-Tamil-Eelam-Why-were-they-not-cremated/answer/Chamindra-Perera?ch=15&oid=225752874&share=3b5ea13a&srid=Vqvq&target_type=answer
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LankaScot / December 9, 2024
Hello Lester,
So you cremated them all before you buried them in mass graves?
Apart from that “The Tamil Tigers departed from Hindu traditions of cremation and built large graveyards which experts say was part of a cult of martyrdom”.
So again you try to cover up what your Army Relatives did. “A new military headquarters in northern Sri Lanka has been built on the site of a Tamil Tiger graveyard earlier flattened by the army, it has emerged.” https://www.bbc.com/news/world-south-asia-12668613
Best regards
/
Lester / December 10, 2024
Hello Scot,
There are no “mass graves” of Tamils in Sri Lanka, other than the ones built by the LTTE for their own dead cadres. See for yourself: https://en.wikipedia.org/wiki/Chemmani_mass_graves_investigation. When they took the soldier to that place, only 15 bodies were found. There are probably mass graves of JVP, but JVP brought it upon themselves. What do anarchists expect, State funerals?
“A new military headquarters in northern Sri Lanka has been built on the site of a Tamil Tiger graveyard”
So you admit only LTTE fascists were buried there. Why did the LTTE not allow others to be buried there? Why are you obsessed with the “resting” places of fascists? Do you have some *special experience* in that department? Do you want to light candles for suicide bombers, alongside Old Vegetable?
Lastly, the relative did not do anything illegal. He is engaged in humanitarian work after leaving the Army.
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LankaScot / December 10, 2024
Hello Lester.
You said “Hindus are cremated, not buried. The only thing being “destroyed” are headstones”. Did you read the Article? Why do you persist with your disinformation when faced with evidence to the Contrary?
Where do I admit this? “So you admit only LTTE fascists were buried there”.
And another “Red Herring”; you are well aware that I am an Atheist so how would I wish this “Do you want to light candles for suicide bombers”? I don’t light candles, say Prayers or Piriths, however I respect the right of others to grieve for their dead in whatever way they wish (unlike you a religious person).
You denied that Tamils could be buried and then above you admit it, but call them “the “resting” places of fascists”. You contradict yourself all over the place. You have not followed the advice that OC and many others (including myself) have given you, about keeping a note of what you write and following your own Logic. Even when you are shown contrary evidence you come up with some “Malle Pol” answer. Or maybe you are a fan of “Fuzzy Logic”?
Best regards
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leelagemalli / December 10, 2024
LS,
.
I am very happy every time I read from you.
Your analysis of Sri Lanka through CT comments and our high IQ nobel lareate in the UK and all the bits are really like you are reading my thoughts and mind about the affairs of our country.
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For some reason, I have the feeling that our desperate DS is being dragged into her “hibernation mode”,
however, Lester continues. Lester should finally ask himself why he is “eternally single”: the answer to this question will explain your and others’ puzzle about the clown.
.
Unfortunately, this may be the general thinking of our people as a whole.
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Even though the NPP has appointed JVP guys in disguise, it has now come to a deadend road. We kindly request you to watch the video below so that you can get the most up-to-date situation in Sri Lanka today.
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https://www.youtube.com/watch?v=qBK8cYlSUSw
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The JVP guys have not even studied the small issues before coming to power, even though their PRE-ELECITON stage is full of screaming, powerful “stories” that deceive people, before coming to power. Like some blue cheese eaters in europe, many srilankens across the country love eating stinky dried fish.
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leelagemalli / December 10, 2024
cont.
Even though the NPP has appointed JVP guys in disguise, it has now come to a deadend road. We kindly request you to watch the video below so that you can get the most up-to-date situation in Sri Lanka today.
–
https://www.youtube.com/watch?v=qBK8cYlSUSw
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The JVP guys have not even studied the small issues before coming to power, even though their PRE-ELECITON stage is full of screaming, powerful “stories” that deceive people, before coming to power. Like some blue cheese eaters in europe, many srilankens across the country love eating stinky dried fish.
however, the Sri Lankan people are being deceived again and again by FLITHY Sinhala videos propagated by its own people. YouTubers do not seem to be helping to rebuild the war-torn society, however, they are chasing dollars sometimes no matter they sell their mothers.
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old codger / December 10, 2024
LS,
““Hindus are cremated, not buried. “- Lester
“Shaken, not stirred” – 007
Arab Muslims are terrorists- Lester
Israel has done a deal with ISIS- Lester
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leelagemalli / December 11, 2024
OC,
.
Please watch the video below. I never thought, Harini too would lie.
.
https://www.youtube.com/watch?v=UkGl47rd1Gg
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SM over to you,[edited out]
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leelagemalli / December 11, 2024
not even 3 months gone since JVP murderers started ruling this nation.
.
https://www.youtube.com/watch?v=SuM6PqFBvz0&t=37s
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Alas, what a stupid nation ?
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Lester / December 10, 2024
Hello Scot,
It’s important to distinguish between “freedom of speech” and what the law actually mandates. I am not a lawyer, but if you took your “case” to the Court, claiming that the existence of the cemetery is legal, you have to provide evidence in that direction. First of all, you have to prove that whoever built the cemetery had a permit (license) from the municipal authority. Secondly, you have to disclose the source of financing for the cemetery. Unfortunately for you, the cemetery in question was financed with drug money and money obtained through extortion. Thirdly, all of the individuals buried in that cemetery (either in part or in whole) were members of a banned/terrorist outfit. Specifically, banned in 33 countries. They were all militants engaging in “extrajudicial activities” such as suicide bombing, anarchy, torture, blackmail, and assassination. You would have a hard time building said cemetery anywhere within the sphere of those 33 countries.
Your “case” isn’t looking too good, Scot. Given the factors in question, the Magistrate is unlikely to deem the “cemetery” as permissible.
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old codger / December 11, 2024
LS,
The squid is escaping in a cloud of irrelevant ink…..
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LankaScot / December 11, 2024
Hello Lester,
Did the Military go to Court (Magistrates or otherwise), before the Destruction. I think not.
Please explain these Double Standards by the Sri Lankan Government?
“It says its policy is to wipe out any trace of the Tigers and ensure that their violence is forgotten.
It has however built several memorials to fallen government soldiers”.
Best regards
/
Lester / December 11, 2024
Hello Scot,
Any structure the “Tigers” built is illegal. Illegal since the rightful owner of the land on which the structure was built is the Sri Lankan Government. If you want to argue this point with an actual barrister in SL, I’m sure that free consultations are available. Once the illegality of said structure is established, then the next order of business is demolition.
““It says its policy is to wipe out any trace of the Tigers and ensure that their violence is forgotten.
It has however built several memorials to fallen government soldiers”.
Going by your logic, this memorial is also illegal: https://en.wikipedia.org/wiki/Statue_of_William_Wallace,_Aberdeen#/media/File:William_Wallace_Statue_,_Aberdeen.jpg. Since Wallace was convicted of war crimes. Just playing your game, Scot. No double standards, right?
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leelagemalli / December 11, 2024
Joker Lester,
there is a big difference between freedom of speech and freedom of lying/bragging.
You belong to the second category, you stand against the truth but always seek your stupid arguments to be true. It is time for you to re-examine your archives, everything you have commented on. If anyone asks you to prove anything, you will not respond.
Considering the situation, you can win anywhere, there is no SCOT, OC, SJ or others. Only DS, SM or Ruchira baba or such will praise you forever, because most of what you are saying thanks to ChatGPT is not understandable to the above commenters.
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Lester / December 10, 2024
” You have not followed the advice that OC…”
So do you agree with Deepthi Silva who called him a “pervert” and Jeevan Hoole’s mention of “liar?”
Many others = Leela? Lol. You lose, mate. Stop surrounding yourself with buffoons, that’s my advice. You may wind up like Sinwar, Deif, and Nasrallah.
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old codger / December 11, 2024
“Jeevan Hoole’s mention of “liar?”
So, where is the link?
You lost, yet again. So sad.
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LankaScot / December 11, 2024
Hello Lester,
Do you know that making threats like this (veiled or otherwise) would be considered illegal in many countries? Remember the Sri Lankan Diplomat Brigadier Priyanka Fernando, even Boris wanted him out. https://www.tamilguardian.com/content/british-mps-joins-call-expulsion-sri-lankan-brigadier
Engage our Brain before you open your mouth or commit to Text.
Best regards
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LankaScot / December 11, 2024
Freudian Slip? “Engage our Brain” should be “Engage your Brain” sitcky “Y” key.
Best regards
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Lester / December 11, 2024
“Do you know that making threats like this (veiled or otherwise) would be considered illegal in many countries?”
What about building cemeteries and memorials for banned terrorist outfits? In which country of the world is that legal? Boris ought to advise Keir Starmer to reconsider Rwanda, else the latter ends up like Macron. The same thing happened with Merkel, though she resigned in a hurry before the air got thick.
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leelagemalli / December 12, 2024
“Engage our Brain before you open your mouth or commit to Text.”
–
This is a very difficult subject/area, especially for self-proclaimed idiots like Lester or the like.
AKD or the like are now suffering from a storm of what was sown before his election.
Look, what an erosion of popularity? It will be an avalanche style exceeding the level of “GOTABAYA”.
–
LS and OC, why don’t we inform ourselves like before our SINHALA_MAN eleciton? Are his all 5 senses now fully impaired ?
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leelagemalli / December 12, 2024
Apologies. Sent before checking again. We are getting caught in the cold…. Winter is not easy…
–
LS and OC, why don’t we hear from our SINHALA_MAN or Sri Lankan type of “Satyaguru” anymore?
–
In the days before the election, he used to share with us how many times he changed his diaper and when he last went to bed… Today, the man is rarely on the CT forum??????
.
Are all his 5 senses completely weak now?
Poor guy, we warned him long ago. They have to commit suicide today.
–
And the other pundit, Douglas in Unawatuna is now speechless. Not a single word about SPEAKER s degrees ????????
–
I thought these two would push the Speaker to do the right thing at the right time. I should ask my charity workers in Ahangama to give them a few KILOS of PUNNAKu in the coming days. …. Don’t you think so?
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old codger / December 10, 2024
“There are no “mass graves” of Tamils in Sri Lanka, other than the ones built by the LTTE for their own dead cadres. ” -Lester
https://www.findagrave.com/cemetery-browse/Sri-Lanka/Northern/Jaffna%20District/Jaffna?id=city_429788
/
old codger / December 11, 2024
Apparently, the Great Liar, who claims a Doctorate in AI, has no idea how to use a search engine. How much more pathetic can one get?
/
chiv / December 11, 2024
‘ Shaken or Stirred ” – 007 🤣
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chiv / December 12, 2024
LS, I guess CT dosen’t expect any responses to a juvenile’s
Jestering . I also noticed seven ups and seven down. Knox is right. 😂
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LankaScot / December 12, 2024
Hello OC,
Maybe you can answer a Technical Question? Many of Lester’s Comments are missing a “Reply” box.You see it occasionally with other people, however Lester’s Comments are most noticeable for their absence.
Best regards
/
Lester / December 12, 2024
Hello Scot,
The Deity has all the answers. A famous man from Edinburgh (you might know him) said, “I think men of science as well as other men need to learn from Christ, and I think Christians whose minds are scientific are bound to study science that their view of the glory of God may be as extensive as their being is capable.”
Not a good year for you, with Sinwar, Deif, and Nasrallah taking the pri*ss. The Zionists have expanded their empire and Trump will give them more. You are stuck on a hill in the 3rd world after the Brits went all out with Brexit.What next?
/
chiv / December 12, 2024
LS, one more thing. Have you , noticed Jester doesn’t takeout much on you and Native. ( thumb attack ). Wonder why ?? Is he scared of Scots and Natives . ( just kidding ). I guess, you guys deal with him in a scuttle way, whereas many of us have given up.
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Lester / December 12, 2024
Have you also given up on the “USMLE?” Or can’t “afford” the exam, sorry, “answers.”
/
LankaScot / December 12, 2024
Hello Lester,
You must have your Reverend’s hat on again. You know perfectly well that I am a great admirer of Professor Maxwell. You may also know that my Gt Gt Grandmother had a Boarding House in a street that ran alongside Marischal College (Aberdeen University) and that there is a Family Legend that he stayed there briefly, in the 1850s, before moving to his Permanent Lodgings in Union Street.
My old Science Teacher had one of Maxwell’s original Colour Disks used for showing how white light is a combination of RGB (Red, Green and Blue). He also produced the first Colour Photograph (actually a Slide) in the World.
Maxwell’s greatest contributions to Humanity lie in his Science NOT in his Christianity. This Article is possibly your inspiration https://christianscholars.com/james-clerk-maxwell-a-model-for-twenty-first-century-physics-in-the-christian-liberal-arts/ Dr Whitney teaches at Wheaton College Illinois, a Christian Evangelical Organisation (not exactly impartial).
In Maxwell’s time most Scientists were brought up as Christians. Fortunately the Church of Scotland has almost disappeared (can I hear John Knox turning in his Grave).
By the way, were you the mad dancer in Boney M singing “By the Rivers of Babylon”? Or are you “Maxwell’s Daemon”
Best regards
/
old codger / December 12, 2024
LS,
CT seems to have a limit on how many responses there are to a thread. Looks like a maximum of 5 (after which the reply box disappears). Lester is very good at waiting for the box to disappear, or for the 59th minute of the last hour before comments close.
But you can reply to the last comment which has a reply box. It will show up at the bottom of the thread.
/
leelagemalli / December 10, 2024
LS,
.
The whole world knows that there are mass graves in Sri Lanka as per the Rajapaksa’s war endgame tactics, however, our high-minded intellectuals as usual are against it. He is trying to find his own absurd arguments even though he is putting the facts aside.
–
Entire europe stood against Rajapakshhes as leaders, and that was the main reason them to be mariginalized by 2015. However, lanken biased media brought them back to power by end of 2019. Also after the war is declared as no was is longer there, they conitnued killing jouranlists and innoicent people in the country. Thadjudeen, Rugby player’s misterious killing is one of them.
:
This clown, Lester is now trapped in hibernation or a lunatic asylum (psychiatric hospital) like our Ruchira Baba.
–
Unlike your family life, Lester as a single man, may be going through loneliness whose gravity may be you cant even measure about. Most of all during the year end christmas celebrations ahead, the kind of single men should be going through all the unexpected. That should be the reason him to opposse us with the facts, even if they are pretty obvious issues.
/
leelagemalli / December 10, 2024
Cont
.
Entire europe stood against Rajapakshhes as leaders, and that was the main reason them to be mariginalized by 2015. However, lanken biased media brought them back to power by end of 2019. Also after the war is declared as no was is longer there, they conitnued killing jouranlists and innoicent people in the country. Thadjudeen, Rugby player’s misterious killing is one of them.
:
This clown, Lester is now trapped in hibernation or a lunatic asylum (psychiatric hospital) like our Ruchira Baba.
–
Unlike your family life, Lester as a single man, may be going through loneliness whose gravity may be you cant even measure about. Most of all during the year end christmas celebrations ahead, the kind of single men should be going through all the unexpected. That should be the reason him to opposse us with the facts, even if they are pretty obvious issues.
/
chiv / December 12, 2024
Jester, “have you also given up on USMLE ? or can’t “afford” the exam, the sorry “answers”
Is this the best you can come up with….. pity you, why not try Chat GPT .
/
Dr. Gnana Sankaralingam / December 10, 2024
Cremation of bodies started only after Aryans arrived in India. Prior to that people buried their dead in urns and trays made of clay. In Srilanka several such megalithic burial sites have been found in northern and north western areas.
As for Turkey being congratulated by Israel, the bible prophesy is that God will create chaos among enemies of Israel, so that they will fight among each other and destroy themselves.
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chiv / December 10, 2024
Nimal, ” there are laws in some countries ……. especially to counter drugs / narcotics
( and corruption, if I may add) and laundering of the proceeds. Today’s news ” US imposes sanctions on Kapila Chandrasena former CEO of bankrupt SL airlines and Udayanga former ambassador to Russia , along with their immediate family members. ( Mahinda’s proxy ). These efforts are part of efforts to hold PERPETRATORS of corruption accountable.
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Mahila / December 8, 2024
Dr Nihal Jayawickrama,
That is a welcome article, well laid out and presented!!?? Thank you. There is no question whatsoever, Legal Luminance is exemplified in the content and at it’s very best!
It’s but quite right The Independence constitution – Soulbury Constitution – which granted independence from direct British rule!!?? 1948 to 1972, for 24 years without hiccups, composed in 3 months – by then young legal draughtsman; Comparatively post 2015, “full band” PC’s, who had “Devilled” in Chambers of KC’s & QC’s, unable to provide document to replace, even after 4 years of ‘LABOUR’/DELIBRATION, is amazing!!?? Makes us wonder why? Because scripting 400 Articles, confusion worst confounded, and Obfuscation – Replace 169 Articles!? Ever expanding Ambit!!??
Be that as it may, NOW harking back to Soulbury constitution, Proactive question? WHAT’S YOUR TAKE ON INCLUDING, in Constitution, section on legislative enactments, akin – section 29 (2) (b) and (c) of “Soulbury constitution”?
May I pose this anticipatory question, kindly commit your opinion! Does Section 29(2) connote the same ‘fixation of thought’ in the minds of electorate, as call for ‘FEDERAL’ STATE, DEVOLUTION!!?? NPP, ADK committed to equality, but need to cater for any eventuality!!? That’s to obviate any future scenario as in 1956!?
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davidthegood / December 8, 2024
Dr. Nihal Jayawickrama, Your blueprint for a new constitution makes sense in the context of its purpose where presented. But simply put, we expect the President to govern according to the promises he made, for which the people voted for him. Once the basics of that is in situ in the Parliament, he needs to move to disband the Executive Presidency and become the Prime Minister of Parliament similar to that of the Westminster Parliament in the UK which even with a Royal family there, still governs independently. Better trap the gabs of all critics waiting to shout.
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Pundit / December 8, 2024
The need of the hour for the new regime of ‘freshers’ is to focus on preventing the inevitable collapse of the Sri Lankan economy as predicted by several unbiased economic experts who say ‘the worst is yet to come’. The government seems to have set off on the right foot on several fronts including ethnic reconciliation. A debate on a new Constitution at this critical juncture could be a major distraction Sri Lanka could ill afford.
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Jaffna Man / December 8, 2024
“President of the Republic who is the Head of State, the Head of the Executive”
It looks like the President would still be the Executive. No one wants it any more.
I think a short simple constitution is best.
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Jaffna Man / December 8, 2024
I am so happy that somebody at last sees a foremost religion as out of place in a multicultural democracy. Thank you Dr. Nihal Jayawickrama.
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Buddhist1 / December 9, 2024
We do not have to reinvent a new wheel. We can follow a modified version of the Canadian model but not an all out Federal model. We do not need labels for our model. Let it be a Sri Lankan model without branding it a Federal system, lets call it “Sri Lankan Socialism”. At the negotiation stage let all political parties and races give and take their demands for the benefit of the country and not one particular group.
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Mahila / December 9, 2024
(Part I)
Buddhist1,
“We do not need labels for our model. Let it be a Sri Lankan model without branding it a Federal system, let’s call it “Sri Lankan Socialism.”
To tell you the truth, what’s in a Name Board??? This is the fallacy of the uninitiated, uneducated people like – to name an example – Professor “Gamini Luxman P”., who told local and foreign interested parties like singing a homily, repeatedly ad Nauseum that he would find a “Home Grown Solution” instead of UNHRC investigation and reparation – but what was the outcome ZILCH!!?? The reason I have adduced, adjectives such as, “uninitiated, uneducated people”!!?? What sort of professor is he/her; both he and his then President boss, THE MYNAH –booted out of his school Not once but 3+ times, because of his affinity of the Mynah, clapped loud cheering all and each other, that’s the way to go!!?? 15 years after end of war!!? Outcome zilch; No action, except enriching themselves and amassing wealth for next 6 generations of their families’ GRANDIOSE LIVING, at the expense of Countries finances – Bankruptcy!!?? The great Patriotic, Nationalistic Polity I’m not sure whether they did wear
(TBC)
/
Mahila / December 9, 2024
(Part II)
Trousers, coat and Tie or Sarong, Sathakaya and tunic!!?? OR DEVOID OF THEM!!?? Fully stark naked, would suit them all well!!?? Empty words; serves NO purpose!? THE ONLY THING INTERESTED IS GETTING IT DONE!!?? WHETHER YOU CALL IT CANADIAN, SWISS, UK is IMMATERIAL!!?? CALL IT SRI LANKAN SINHALESE SOCIALISM, if it’s altruistically sounding properly to your SWAN SONG – which is least material effect to Issue!!?? This is why and what has become known as the dishonesty perpetrated for 76+ years which has brought this magnificent country to its virtual Knees and Paralysis!!?? Buddham Saranang Gachchami!!?? Land of the Buddha!!??
The greatest misnomer ever dream, instituted!!??
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Cicero / December 9, 2024
It is a great article, written by a person who was involved in the 1972 Constitution which is the font of our troubles. Buddhism, the religion of the World Renouncer, is better off without being a state religion, that too of the Sinhala race that has drenched it in blood. It is also good that diversity is stressed, a wisdom born after foreign experience in Hong Kong and Canada and not from Siri Mao’s time. No constitution in Sri Lanka was autochthonous. The Tamils did not participate in making any. When sovereignty is said to rest with people, the question Tamils ask is which people? Federalism, which is a Canadian model and works in other multicultural states, should be aimed for, though it has become a dirty word to be exploited by the Sinhala chauvinist. Constitution making will permit the Sinhala chauvinist and the Buddhist monk to come back onto the streets. It is best not to rush into it, until AKD can prove himself by getting the Sinhala people on side. The young Sinhalese and Tamils know that they have been hoodwinked by swabasha and that English is the way out. as the Sinhala chauvinist who sent his idiot children abroad always knew.
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Jit / December 10, 2024
“…….written by a person who was involved in the 1972 Constitution which is the font of our troubles….
101% 👍👌!!!
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Cicero / December 9, 2024
The fish in the pond analogy is appropriate from a man who having been Siri Mao’s poodle travelled out and wrote a major text on human rights. We will collectively improve when the Sinhalaya creeps out of his Mahavamsa mud-hole and marvels at the world outside. The trouble is that we can see that the genuine effort that AKD and his colleagues make is already hobbled by the old system. The rice mafia is out to get him. Other old fogeys will come out of the wood work as time progresses. AKD has still to manoeuvre his way out of the labyrinthine system that has existed among the Sinhalese and the Tamils for a long time. Those of my generation can only wish him well in the knowledge that he holds out promise when all others betrayed our peoples for seven decades.
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SJ / December 9, 2024
“Buddhism, the religion of the World Renouncer, is better off without being a state religion”
Buddhism is still not the state religion of Sri Lanka.
*
NJ was nobody’s poodle. He was wherever he was by merit and not political favour.
If he can be called Sirimavo’s poodle, all UNP MPs and ministers (except Thondaman) were JRJ’s poodles whose undated letters of resignation were in JRJ’s hands.
*
The font of our trouble is the 1978 constitution which led to the total surrender of the economy to foreign capital.
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Cicero / December 10, 2024
SJ, depends on what you mean by merit. He became Permanent Sec. of the Ministry of Justice in his early thirties without sitting for any CAS examination.Being a third class graduate, he may not have qualified to sit the exam. Standards still existed in his time and mine which was a bit later. The dismantling of our justice system is associated with his period in office.
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Jit / December 10, 2024
“……….He became Permanent Sec. of the Ministry of Justice in his early thirties without sitting for any CAS examination.Being a third class graduate, he may not have qualified to sit the exam…..”
I had an uncle who was a distinguished civil servant who resigned in 1975 in protest of Sirimaos authoritarian regime. He told me so many stories including how FRDB and NJ together ruined the judiciary of SL. NJ was definitely a political parachute who did not complete any stages of the then CAS exam!!
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SJ / December 10, 2024
Is being your uncle evidence of being factual.
Do you think that te judiciary was so impeccable that it did not need reform?
“Sirimaos authoritarian regime”: that speaks enough of your objectivity.
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Jit / December 11, 2024
I would trust what my uncle told me in a heartbeat because he had an impeccable work history and record. Because I could fathom them, I could see them, when I gathered evidence while doing some research in late 90s on socioeconomic dynamics of SL since its independence. If village SLFP henchmen was given powers to run kangaroo courts named ‘Janatha Committe’ and punish the peasants, if MPs were given power to take bribes from people who wanted to be teachers or bank clerks because ‘MP chit’ was mandatory to get govt jobs, if Lakehouse was nationalized and ‘Davasa’ sealed because Sirima didnt agree with what they published…(and hundreds more..!!)……….then Sirima’s regime was an authoritarian regime!
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SJ / December 11, 2024
You should learn a little about what authoritarianism is before sticking labels.
I am not here to discuss any individual.
You can trust anyone. But that is no evidence of truth. People can be very subjective in political matters.
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Jit / December 11, 2024
SJ, you did NOT address the points I made!
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SJ / December 11, 2024
Have you addressed the points I made?
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Jit / December 12, 2024
you don’t have any points other than a feeble noise that doesn’t need any response SJ!
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SJ / December 12, 2024
Is your hearing so bad?
Why don’t you contest what was said?
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Jit / December 12, 2024
Did you contest these…?? “…………..If village SLFP henchmen was given powers to run kangaroo courts named ‘Janatha Committe’ and punish the peasants, if MPs were given power to take bribes from people who wanted to be teachers or bank clerks because ‘MP chit’ was mandatory to get govt jobs, if Lakehouse was nationalized and ‘Davasa’ sealed because Sirima didnt agree with what they published…(and hundreds more..!!)……….then Sirima’s regime was an authoritarian regime!……….”
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Mallaiyuran / December 11, 2024
Is being your uncle evidence of being factual.
…………………………..
I am not here to discuss any individual.
You can trust anyone. But that is no evidence of truth
Could that you are being here to defend the criminals, using a rotten legal maxim of, “Nobody is guilty until proven in the Rapist Army courts of Langkang?”
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Native Vedda / December 11, 2024
Jit
–
SJ is not defending NJ.
As a loyal SiriMao poodle he is defending everything Banda and SiriMao did which mainly caused the destruction of this island.
–
Conveniently his history of this island starts from 1978.
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Jit / December 12, 2024
“….Conveniently his history of this island starts from 1978….”
And stops circa 1994 …. 🤣🤣🤣
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SJ / December 10, 2024
He was well qualified for whatever job he was given.
What makes you so sure about his ‘third class’?
*
He was Professor of Law at University of Hong Kong (1984–1997), and Ariel F Sallows Professor of Human Rights at the University of Saskatchewan, Canada (1992–1993).
*
In 1983, he was awarded the degree of Doctor of Philosophy by the University of London (SOAS) for his research on the application of international human rights law.
*
Let not hatred blind your eyes to the worth of another.
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Cicero / December 12, 2024
Since I started this, let me have another say. NJ,, like many others, in the old Univ. of Ceylon, Peradeniya got a third class. First classes in any discipline was rare. Such a person became an assistant lecturer or joined the civil service after the ccs exam. There were few first classes in law. The numbers increased after the University started teaching law in all 3 languages. Many who got third classes during this time did become professors abroad. Such was the quality of Peradeniya. NJ taught at Hong Kong but I do not think he was professor there. He was Sallows Professor for one year at Saskatchewan. As I said before, he wrote a well acknowledged book on human rights published by Oxford University Press.. He redeemed himself by becoming an expert on human rights. But, his early appointment as permanent secretary of justice and the mischief that followed must not be forgotten. That said, the essay he has written and the wisdom it contains must be taken very seriously. It is the result of a lived experience and must be considered. There is no perfection in life. I cannot throw stones but past sins of public men should not be forgotten.
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SJ / December 12, 2024
Do not BS.
A Third Class would not have been of help with a chair.
But if your latest claim is that “Many who got third classes during this time did become professors abroad. Such was the quality of Peradeniya.” what is then the fuss that was kicked up about NJ’s “Third Class” about?
BTW
There was nothing called Third Class in the UoC. (There was in the CGR though).
*
What is mischief is in the mind of the viewer.
/
Ajith / December 10, 2024
“The font of our trouble is the 1978 constitution which led to the total surrender of the economy to foreign capital.”
What you will expect from the one who brought BS to the Constitution?
1972 Constitution is not for Sri Lanka, It is for BSF which started from SWRD to Gotabaya Rajapaksa Kingdoms. 1978 Constitution is the continuation of the family kingdom of BSF.
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SJ / December 10, 2024
It is not for me to unscramble your brain.
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Mallaiyuran / December 11, 2024
“It is not for me to unscramble your brain.”
How about yours, instead his?
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Jit / December 10, 2024
“…………He was wherever he was by merit and not political favour………”
🤣🤣🤣
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SJ / December 10, 2024
Pathetic.
Look up his academic profile.
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Jit / December 11, 2024
SJ, what is pathetic is you promoting a political parachute that had been partially responsible for the mess we are in today! Have no doubt, I sincerely have great respect for his academic qualifications but they are poles apart from what he ‘practiced’ in concert with FRDB! For further enlightenment, have a look at the academic profile of GL Peiris too and what he did to this land!
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SJ / December 11, 2024
Whatever name calling you resort to, you cannot run away from the real cause of the current mess.
The country was dragged into it in 1978.
The judiciary long needed cleaning up of its obsolete pompous practices which had little to with law or justice. FRDB did it as a member of the government. He made mistakes, but that had nothing to do with our current mess.
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Jit / December 11, 2024
SJ, there is no name calling. These are absolute facts! What are you even talking about?? What ‘cleaning’ was needed in our judiciary before 1970? It was NOT infested with any bacteria to have a clean up! There WAS a well functioning judiciary before it was politicized by FRDB and NJ who absolutely ruined it.
“….The country was dragged into it in 1978….”
Country was dragged into this mess after 1977, yes, but the seeds were sown in 1970!! It was absolutely correct when JRJ abolished civic rights of Sirima, Felix and NJ for the damage they did to this country. The only problem is, the next non UNP government (CBK 1994) should have abolished the civic rights of JRJ et at too, for the damage they did to this country! But she did not!!
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SJ / December 11, 2024
No name calling?
Do not make me laugh.
*
The judiciary was a pompous institution which had to be trimmed.
Changes to the court structure and reformed civil, criminal and appellate procedures were necessary moves.
This from Wikipedia is a fair comment:
“Jayawickrama’s tenure in the ministry of justice was not free of controversy. The decision that all legal work of state corporations should be handled by a new division in the Attorney-General’s Department was met with strong opposition from lawyers of the ruling party to whom such work had previously been distributed. The radical procedural reforms were resisted by powerful sections of the legal profession and the judiciary. His proposal to regulate legal fees evoked a strong protest from senior lawyers, and the expansion of conciliation procedures from which lawyers were excluded led to the reduction of court cases by almost 50 per cent, another extremely unpopular measure among the legal profession. His attempts to ensure that judges applied the rules relating to time limits for oral submissions in the appellate courts led to an open confrontation between him and the chief justice and an extended “cold war” between the supreme court and the ministry of justice.”
/
Jit / December 12, 2024
“….decision that all legal work of state corporations should be handled by a new division in the Attorney-General’s Department was met with strong opposition from lawyers….”
What a gigantic revolution was that SJ!! You just forgot to add that most of those lawyers were UNP stalwarts and Felix & NJ didnt like them, right?
And oh yes – some of the ‘radical reforms’ made by NJ and Colvin – the PhD duos in law were:
1. Engineered the infamous 1972 constitution which elevated parliament and the cabinet of ministers (most of who had not even passed 5th grade!) over the judiciary!
2. The constitution terminated all judicial review of executive or administrative action, while shifting jurisdiction over constitutional rights outside the formal judiciary. This is the first time the independence of the judiciary was repudiated since when….King Rajasinghe times??
3. The cabinet of ministers (the 5th grade ‘graduates’!!) appointed all judges, while the minister of justice had the authority to transfer them because Public Services Commission was tucked under a 5th grader!
4. Between 72 and 78 not a single fundamental rights case was allowed!
Fantastic, weren’t they SJ??
/
SJ / December 12, 2024
“Between 72 and 78 not a single fundamental rights case was allowed!”
Were there any before 1972?
Check your facts. before implying that it was something frozen between 72 and 78.
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Jit / December 12, 2024
Oh yes I forgot – it was only JRJ, not NJ who legalized human rights and fundamental rights of Sri Lankans. What a paradoxical phenomena …isnt it SJ!!
And what about 1, 2, & 3?
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SJ / December 11, 2024
“It was absolutely correct when JRJ abolished civic rights of…”
What sense and fairness can one expect from one who endorses JRJ’s shameless kangaroo court.
/
Jit / December 12, 2024
You purposely omitted the essence of what I said. Yes I reiterate, abolishing of civic rights of Sirima et al by JRJ was very fair. Also reiterate, CBK should have abolished civic rights of many in those 17 years too, including JRJ but she did not!
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SJ / December 12, 2024
What is the relevance of this remark to anything that transpired?
If your point is that CBK was not as petty and vindictive like JRJ, point taken although impertinent.
/
leelagemalli / December 11, 2024
Jit,
.
I don’t respect the politics that CR does. He created sinhala-racism those days.
:
But CR is telling the whole truth regarding the qualifications of the current Speaker..
–
https://www.youtube.com/watch?v=RkCjTAuw1Bg
/
Jit / December 12, 2024
LM, have no doubts – I do agree! I have commented elsewhere about this absolutely despicable situation. Sooner AKD responds is better or else his government will go down the lane as a carbon copy of all the previous.
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Mallaiyuran / December 11, 2024
“Look up his academic profile”
Then leave it alone that question for the time being, but can you answer another question? Did he become professor in BB (before Bathiyutheen ) era or in AB(after Bathiyutheen) era like you?
/
MSarrij / December 10, 2024
Basically all the constitutional changes implemented since independence have not served the people well.
The main problem is a cultural one; “a culture of impunity” dominated by a small handful of families basically amassing material wealth and power for their families. The solution is to introduce strict age and term limits to elected office and discourage discriminatory religious practices.
Good luck.
/
Firdous / December 10, 2024
Critical Analysis of the above Artivle: Dr. Nihal Jayawickrama’s article on the need for a new constitution for Sri Lanka, there are several important points of evaluation regarding his recommendations, particularly concerning fundamental rights, the governance system, and the provision of socio-economic rights. Let’s break down the points you highlighted:
1. Adding Socio-Economic Rights to the Fundamental Rights Chapter Dr. Jayawickrama suggests that Sri Lanka’s new constitution should incorporate socio-economic rights (such as the right to education, healthcare, and employment) along with legal remedies, and that existing constitutional provisions should be amended to align with international human rights standards.
However, incorporating socio-economic rights into the “Fundamental Rights” chapter, as he proposes, is somewhat problematic when considering their justiciability. Socio-economic rights are typically not enforceable through the judiciary unless specific social structures are in place to ensure their provision. Dr. Jayawickrama’s critique that these rights are already captured under Directive Principles of State Policy but are non-justiciable is valid. The Directive Principles, as per previous amendments (e.g., in the 1978 Constitution), were intentionally made non-justiciable, meaning they cannot be directly enforced in court. Therefore, adding them to the Fundamental Rights section without the structural capacity to fulfill them might indeed be meaningless. This can create a constitutional absurdity where rights are recognized without the capacity for enforcement or sustainability.
/
Firdous / December 10, 2024
Critical Analysis of the above Artivle: Part 2
Additionally, while placing them within a legal framework is essential, the real issue lies in the state’s capacity to provide and sustain these rights. If the constitutional guarantee of these rights is made without concurrently developing the necessary infrastructure, like schools, hospitals, housing, and social security systems, it risks being symbolic rather than practical.
2. Executive-Presidential System vs. Executive-Parliamentary System Dr. Jayawickrama advocates for a shift from an executive-presidential system to an executive-parliamentary system. While he acknowledges that such a change may improve governance, he argues that focusing exclusively on the abolition of the executive presidency will not bring substantial improvements if legislative power remains above the law. The legislature’s unchecked power and lack of accountability have historically been a significant issue in Sri Lanka’s governance structure.
This critique is well-founded. A reduction of presidential powers might lead to better checks and balances in the executive branch, but if the legislature remains effectively above the law or operates with impunity, governance reforms will remain superficial. Hence, the big picture that Dr. Jayawickrama calls for involves a broader reform of the political system, focusing on accountability and ensuring judicial independence to restrain all branches of government, not just the presidency.
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Mahila / December 11, 2024
(Part I)
Whilst agreeing with the Author and this commenter on the ATTITUDE OF IMPUNITY, by both Executive & Legislative arms wouldn’t be checked or rectified by transferring from the “Executive Presidential System” to “Executive Parliamentary System” – the PM or VICE VERSA!?
What we are missing in our Basic Law (Or CONSTITUTION) to overcome this “Attitude of IMPUNITY” by 7th Standard educated “non-erudite sycophants”, ONCE ELECTED, is the ABSENCE of system to RECALL the POWER SO VESTED by the ELECTORATE at a given elections, BESTOWED ON THE NOMINEES at any one ELECTION for RESPECTIVE POSITIONS until END OF NOMINATED TERM FOR WHICH HE/SHE has been ELECTED!!?? THAT SYSTEM MUST END IMMEDIATELY!!??
Electorate/Electors MUST ‘RETAIN or BESTOWED’, “RIGHT TO RECALL” SUCH BESTOWED POWER, if and when FOUND the ELECTED president – Executive or Nominal and Legislative members – ARE FLOUTING THEIR POWERS WITH IMPUNITY!!?? The Impeachment process inherent therein JRJ’s 2nd REPUBLICAN CONSTITUTION is totally INNEFFECTIVE as it CONFERS the Power to do so on the Legislature, which is equally CORRUPT, OUT-OF-CONTROL AND ENJOYS AND DISPLAYS MORE IMPUNITY!!?? The RECALL system should be enabled to be initiated by a group of electors consisting of NO MORE THAN 1/3rd of the
(TBC)
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Mahila / December 11, 2024
(PART II)
number of electors, that voted at the elections that elected that individual to the respective position, signed and filed in the Supreme court and 5 judge Bench thereof to determine the outcome, which is FINAL and CONCLUSIVE!!?? NO APPEALS!!??
IMPUNITY THRIVES AND MULTIPLIES, WHEN ALTERNATES ARE OR SEEM TO BE LACKING!!?? HUMAN TENDENCY!!??
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Mallaiyuran / December 11, 2024
What is the point of this essay? Where does this fitting in the current calamity, specially after rain washout.?
Does it mean AKD administration is good at begging and pay back the loan, after the 76 years of UNP-SLFP Union’s devastation, but Dr. NJ still good at coming out with another Siri Ma O’s “Sinhala Buddhism constitution”. Why didn’t he think of writing a solution for the 70% of the crowd struggling to feed themselves?
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