10 December, 2018

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Appointment Of PM: President Now Found ‘Contempt Of Parliament’

By Arun Kumaresan

Arun Kumaresan – Air Vice Marshal (Ret’d)

If we wish to preserve the Constitution in which we have sought to enshrine the principle of Government of the people, for the people and by the people, let us resolve not to be tardy in the recognition of the evils that lie across our path and which induce people to prefer Government for the people to Government by the people, nor to be weak in our initiative to remove them. That is the only way to serve the country. I know of no better’ ~ BR Ambedkar

October 26th 2018 will be recorded as an important date in the political history of Sri Lanka. It was the beginning of series of events that unfolded when the President of Sri Lanka acted unconstitutionally to sack a sitting Prime Minister, appointing a new Prime Minister (who even to date does not have command of the majority) and issuing a gazette to dissolve the Parliament. For any laymen the constitution is very clear and his actions could be termed as a well planned constitutional coup. All the above matters are right now in both the Supreme Court & the Court of Appeal.

Current Tirade by President on appointing a PM; amplifies symptoms of ‘Lunacy’

At the meeting with UNF leaders on Dec 3rd – President Maithripala Sirisena has told UNF leaders that he won’t give the Premiership to Ranil Wickremesinghe even if all 225 MPs signed and made a request from him – MP Lakshman Kiriella .

Amplifying the above at the SLFP Central Committee meeting on Dec 4th – . Quote “Why did I say this? I have no personal issues with him and its not because we are from different parties. I say this because he is an alien to this country; his vision doesn’t belong in Sri Lanka. We have a rich history, a vibrant culture, traditions and religious principles, of many great sages but this man has not been influenced by any of these. So my decision is clearly a political one.”…Despite the perception that Wickremesinghe cared about the plight of the minorities, he brought in a number of acts that stripped away the rights given to Provincial Councils by the 13th amendment. Moreover he betrayed the Tamil people by not carrying out things that could have been easily done for them. He is a stubborn, far right neoliberal bent on destroying the country. I frustrated his attempts at dismantling the nation. Last three and a half years have been a difficult time for me. Fellow cabinet ministers know this”.

From SLFP Central Committee meeting on Dec 4thHitting out at the interim order issued by the Court of Appeal which prevented purported Prime Minister Mahinda Rajapaksa and his government from functioning in office, President Maithripala Sirisena likened the decision to a head monk of a village temple dictating terms to the chief prelate of a chapter…Sirisena said there were diverse opinions about the functioning of the judiciary. “Some say the judiciary is highly independent while some allege its conduct is partial. Nevertheless, I respect the judiciary.”

There are many such utterances in general to amplify the state of unstable mind of the President but the above suffice in the context of his act in “Contempt of Parliament”.

Prime Minister & the Parliament 

The sovereign power lies with the people, which are represented by the parliament. The function of the government is represented by the group which has the majority. Post Oct 26 , irrespective of all unconstitutional acts by the President & unethical ones of enticing members that happened with the absolute blessings of the President; majority still remains with the legal government that was subjected to & overthrown by a political coup. This majority has been proved again & again. The guideline to appoint a PM is well defined in the constitution as depicted below: 

42. (1) There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic. (2) The Cabinet of Ministers shall be collectively responsible and answerable to Parliament. (3) The President shall be a member of the Cabinet of Ministers and shall be the Head of the Cabinet of Ministers. (4) The President shall appoint as Prime Minister the Member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament.

The drafters of the constitution in establishing the proof for “command the confidence of the parliament” has obviously omitted and intentionally avoided reference that such person has to command the confidence of the President – not because that they feared one day a person like the current President will emerge but to safeguard the Supremacy of the Parliament, where peoples sovereignty is deposited. That cannot and should not be allowed to be trespassed or challenged by the President. 

The method of empirically verifying who command the confidence of Parliament is a vote in the floor of the parliament and there are no other caveats can be laid by the President under any pretexts. Hence, President’s attempt to decide on who will be the PM amounts to Contempt of Parliament. He is already is in contempt of repeated violations of the constitution & his comment on Court of Appeal judgment (by correlating it to an Head Monk of an village temple dictating terms to the chief prelate of the chapter) boarders contempt of court and tells a lot of his unstable mental state.

Resolution to this Impasse

Speaker has since Oct 26th been the foundation and centre point in protecting both the democracy and the parliament. He must now give due cognizance of the current mantel status leading to the irrational, illogical and illegal behavior by President. Sri Lanka cannot be a victim of his cognitive biases and inferiority complexes. Speaker must engage and retain legal scholars to refer the matter to Supreme Court on his behalf as an urgent petition using either Section 37 (2) (as his debility in rational thinking is well established beyond reasonable doubt based on his actions and repeated statements – not fit for the holder of the office of President) or any other provisions to get a binding ruling on the Section 42 (4) of the constitution. The simple question to the Supreme Court to determine being; 

Can the President determine a PM of his liking or make a demand anyone other than the person who deemed to have the confidence of the Parliament???

Over to you: Honorable Speaker.

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Latest comments

  • 24
    0

    His untamed utterances and actions going to land him in a hard landing which he going to regret for his life time. In this situation he couldn’t act like the bull in the china shop. This should be the top most in his mind. He is a President and leader of country , and not a normal person, and his every word and move are minutely watched and scrutinised. It’s senseble for his family and those who are close to him to put some sense into his mind. Time is fast running out for him to sort this issue which he, himself created, on foul advice, without heeding sener counsels.

  • 16
    1

    Sirisena must be impeached for acting like a lunatic ,power has eroded his brain and he thinks Sri Lanka is
    his family property and that he is the owner of the country. It is he who has ruined the name of the pearl of the Indian Ocean with his siblings and the Rajapaksas.

    • 17
      0

      Both Sirisena & Mahinda Rajapakse both are mentally ill. They are not thinking that this land is their own property because if they think that is their property they will not think to destroy the country. The country’s base is constitution and democracy. They both wants to destroy this country and run away from this country to China or Russia.

    • 9
      0

      Muslim, Perhaps you’ve got it wrong. Is he acting ‘like a lunatic’ or is he in fact a lunatic?

  • 14
    0

    Not only contemp of Parliament but contempt of Court, after criticising the stay order of the Court of Appeal. All going to land him in a big shit

  • 16
    0

    A fish dies because of it’s mouth. So will Silisena. Silisena stands liable as a citizen to be charged for contempt of Court, Contempt of Parliament, and for Grand Treason. His immunity as President is for rational reason and not for brazen violation of the Constitution. Before long he will be behind bars, being slapped with a plethora of charges, which he will not be able to defend.

  • 15
    0

    People can write all kinds of articles attacking the fledgling dictatorship of MaRa and Srisena gang.

    Don’t forget they were buddies 4 years ago. They think dictatorship that they enjoyed for many years.

    Once the dictatorship is established this time also, God forbid, nobody will be able to write such articles without attracting white vans to their doorstep.

  • 15
    0

    This jackass is losing control and jabbering more and more like a druggie. There have been rumours that he takes medication for ‘stress.’ We all know this is an euphemistic way of saying one is abusing prescription drugs. This would explain his illogical statements, and erratic behaviour like roaring with laughter at his own silly jokes, and his temper tantrums. This raving lunatic has to be stopped in his tracks before he unleashes his pyromania.

  • 4
    0

    Arun Kumaresan contends that ~ “Appointment Of PM: President Now Found ‘Contempt Of Parliament’”
    This is debate stuff.
    .
    The recent happenings’ have been called ‘crisis’, ‘constitutional misstep’, ‘legal’, ‘illegal’ and so on.
    It is time we accept that the RW-sack was a putsch and what followed is a coup d’état.
    Fortunately our legal system was able to step in this time. This may not last.
    We must make sure that we do not have a repeat.

  • 4
    0

    Silisena has already dug his own grave six feet under. It is only a matter of falling in to it by himself. That will happen sooner or latter.

  • 1
    4

    Bloody Humbug, another spin-doctor trying to mass troops to support the dirtiest of all politicians; Ranil Wickramasinghe. I thought this day will never come to say thank you “JRJ”. I hated the man so much and detested every move he made. But Now I must say Thank you for introducing a constitution that protects the sovereignty and unitary status of Sri Lanka. It is wonderful to have an Executive President. Maithripla is the man of the hour, His moves to protect our nation from the dirty machivalian ; RW is admirable. It is high time that we repeal 19th amendment to the constitution.

  • 0
    0

    Fools Paradise.

  • 0
    2

    ARUN KUMARSEN: Your title shws that you have some education. PResident is elected by the People of the whole island. PArliament while the parliament is elected by the elctoral distirct wise. Appolinted PM has support of at least 103 MPs. Even then, PResident can not remove and appoint a PM elected for the electorate. Why the parliament is that powerful. What is the influence of the constitution therePlease explain it.

  • 1
    0

    The supremacy of the parliament over even the government of the day was made clear by the House of Commons only a day ago by passing a motion of “contempt of the parliament by Her Majesty’s Government” .This was for not sharing some legal advice given by the Attorney General to the government about the Brexit arrangements , a less serious action compared to sacking a Prime Minister elected by the parliament.
    Our legislators need to learn from the “Motger of Parliaments”

  • 0
    0

    Arun Kumarsen: Don’t you find it is funny, UNF asked the courts to not the new PM(they say old but not fired Ranil is still valid but they had TWO NCMs against the new PM) and thr Cabinet fucntion. Yet the Speaker ask the parliament to gather. IS it funny or do you think that they are Idiots or lunatics.
    Secondly, theh knew the electronic voting system worked and the UNF had a Majority. Yet, they asked Mahinda Rajapakse (your former BOss) to show the majority and went for Voting by making NOISe. Is it ridiculous ?

  • 0
    4

    When you use your former title here and write articles, that shows conflicts. I feel whether you were a true patriot for the country.

    • 1
      0

      Thanks Mate! I have the right to use my title with a R within the bracket. It is a privilege bestowed to servicemen & women who retired as Lt/Col and above rank – I state this to educate you; In my opinion failing to uphold the solemn oath to defend & protect the constituion is unpatriotic & this article amplifies that. You condoning such act; & can your stand be considered patriotic.??? I leave it for you to make a call . My stand will amplify my patriotism – not to individual – but to the constituion. Yours ………????

      • 4
        0

        Arun Kumaresan

        Please ignore JD/Jim Softy ………….. for he hears voices in his head.

  • 1
    0

    Arun , The question is did people overestimate MS who is worse than an average Lankan politician or did MS fail to deliver what he had promised??? I believe the first. I will give you the parallel.In case of Trump people took his TV persona and thought he was a smart guy. The fact is his father left him with millions in early seventies which is worth billions now and trump ran into bankruptcy thrice in business. He is a average guy but with significant character pathology such as greed, lust, antisocial, narcissistic, pervert, self centered man with no values. He presents him self as religious, family man with conservative values??? In truth had affairs and abused the opposite sex. He screamed America first and presented as a nationalist but was making deals with Russia right before and after election putting the country at risk. He states he is not racial minded buy in fact he is a racist,homophobic, have no respect to opposite sex, has no empathy and makes fun of diseased, disabled, immigrants and the poor.He brought his family members and other criminals with him into WH. Now does these traits seems familiar with MS/MR???????

  • 1
    0

    Thanks, Arun Kumaresan.
    .
    We exchanged comments about a year ago. I comment where I can, but really, I’m beginning to feel that there is little of worth that one can say.
    .
    To me, it seems that Sirisena is by now quite mad. I don’t think that he was the worst of persons, but now he’s incapable of appreciating the complexity of life. He possibly thinks himself justified in doing some of these totally unprincipled things.

    .
    We can’t afford to keep this lunatic in his current position; let’s hope that the Supreme Court Judges justify the early promise.
    .
    One person who is above any possible untoward influence is the current Chief Justice, Nalin Perera. His appointment by Sirisena was the one good thing that Sirisena did during 2018.

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