By Shyamon Jayasinghe –
Shyamon Jayasinghe
Of the 100 days package of pledges the most fundamental one has just been released in the name of Section 19 (A) Amendment to our constitution. The electorate has given an endorsement to the need for a major shift of our governance- a governance that had gone haywire and wild. The root cause has been rightly perceived as flowing from a constitution that had been originally designed and subsequently gerrymandered to become a burden to the people. All kinds of mad things were happening and a free-fall-all resulted. With law and order fizzling out Sri Lanka was facing the grim spectacle of a perverse system of government under a Regime De La Terreur.
We have an instant critic of the proposals for amendment among us in the name of Dr Dayan Jayatilleka (DJ). I am afraid DJ has been too much in a haste to come out with his lashing. For some time, DJ had been writing for former President Mahinda Rajapaksa (MR) first predicting (not in a Sumane sense) the latter’s victory. Now he writes and works for the wacky campaign to get MR back. No quarrel about anybody’s ambitions. He or she is free to do so-especially under Yahapalanaya that has already given a freedom to citizens in Sri Lanka where they can meet and protest without the fear of White Vans, assaulting thugs or even simple paper files.
In this particular case of critiquing 19A I have to seriously disagree with DJ while pointing out gross factual and interpretation errors in his hasty analysis.
DJ’s employment of the metaphor ‘Cyanide Capsule’ is clever as it can evoke our traumatic experience of Prabhakaran’s days. What is more important is that DJ evinces by the use of this figure of speech the main motive and thrust of his analysis, namely, to create scaremongering among the Sinhalese population in particular.
I will first come to what DJ calls ‘content,’ which he admits is the most serious category of flaws in the amendment. DJ states: ”let me content myself by drawing attention to the fact that the President will be unable to decide on the Army chief without the consent of the Constitutional Council, the Attorney-General and the IGP. Some presidency!” This is utter falsehood and gobbledygook. I quote the relevant clause of the proposed amendment:
“61E. (1) The President shall appoint: – (a) the Heads of the Army, Navy and Air force;
(b) Subject to the approval of the Constitutional Council, the Attorney General and the Inspector General of Police, (2) the holders of the Offices of Attorney General and the Inspector General of Police shall vacate office upon their attaining the age of sixty years.”
It is patently clear as daylight from section (1) that as far as the appointment of the heads of Forces-army, navy, and air force – it is done solely at the President’s discretion. Subsection (2) refers only to the appointments of AG, and IGP as requiring the President to seek recommendations of the Constitutional Council. DJ has conflated the two subsections and mixed them up for the outcome he wants. In fact he mischievously juxtaposes both sections when in the original the sections come one under the other in structural separation.
Second, DJ states that although the President is an institution elected by the whole electorate “the 19th amendment transforms the executive presidency into one which has to always function on the advice of the Prime Minister, therefore transforming the Prime Ministers.” As already pointed out this is always not the case. Political powers flows ultimately from the gun and the commanders of the three forces comes under the President. In all other instances of important appointments President requires not the advice of the Prime Minister but of the very broad-based Constitutional Council in making appointments. Furthermore, a Bill to be passed requires the President’s consent. While both Prime Minister and the President are electoral in origin the amendment provide for an arrangement of reasonable cohabitation and cooperation between the two while at the same time creating checks and balances against abuse of executive power.
Third, DJ states that national leadership will be atrophied under the amendments. The executive leadership is clearly shifted toward the Prime Minister after the next parliamentary elections-whoever that Prime Minister would be. This was announced at the elections and a mandate obtained. Parliamentary elections, we know, are centered on a party leader or front leader. Hence people expect that person to lead the day to day running operations of the country. As long as the PM enjoys the confidence of Parliament he can lead effectively. In the event of his needing extraordinary powers to cope with urgent situations there is resort possible to Emergency Power. In fact, the war against the LTTE was carried out by the use of emergency powers. MR’s personal power enhancements came after the war. The 19A amendment makes no change to that. DJ complains that if a removal of a Chief Minister is required the Prime Minister will have to be consulted. There is no mention of this in the 19A amendment and I don’t know from where he plucked this. Furthermore, why should the Prime Minister not be consulted? What’s wrong especially when the latter is in charge of day to day executive functions?
DJ critiques the process saying that 19A amounts to a major change in the constitution that requires a referendum. I see nothing in the proposals that require a referendum as provided for by the present constitution. Different constitutions require different procedures for amending their constitutions. Some like in Japan and in Australia need a referendum always. Many others don’t have such rigid special requirements. It is a country preference.
What should DJ do with the cyanide capsule? Your guess, reader
Dr Dayan Jayatilleka / March 9, 2015
Shyamon Jayasinghe is correct on 61E: the appointment of the armed forces commanders. I was wrong and I apologize for the error. (I partly blame the un-clarity on bad drafting in comparison with the very clearly rendered 1978 Constitution).
He is however wrong on the far more important fact that the President has to always act on the advice of the PM, thereby rendering the latter more important than the former, and the former a hostage of the latter. The term ‘always’ is in the draft. This makes it mandatory. The sole exception is the selection of the PM itself.
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Burning Issue / March 9, 2015
Bad tradesmen blame the tools!
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Sylvia Haik / March 9, 2015
“Wrong on the far more important fact that the President has to always act on the advice of the PM.” The good doctor is unaware that this is how democracy works and it is the opposite of the actions of an authoritarian. I am not sure what Dr. Dayan Jayatilleka’s doctorate is in but it’s certainly not in Constitutional Laws. I have read many of his rants in favour of the ousted Mahinda Rajapakse, as a true sycophant should and I admire him for it, but at this stage, he is simply wasting his time as his idol is in no position to offer him any favours.
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JULAMPITIYE AMARAYA / May 11, 2015
Just think that we have so many, so called educated IDIOTS among those appointed to the Government Executive jobs by POLITIKKAS.
When they lose their perks and prides, they become crazy and lunatics.
So better forget these sycophants.
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Amarasiri / March 9, 2015
Shyamon Jayasinghe –
“We have an instant critic of the proposals for amendment among us in the name of Dr Dayan Jayatilleka (DJ). I am afraid DJ has been too much in a haste to come out with his lashing. For some time, DJ had been writing for former President Mahinda Rajapaksa (MR) first predicting (not in a Sumane sense) the latter’s victory. Now he writes and works for the wacky campaign to get MR back. No quarrel about anybody’s ambitions. He or she is free to do so-especially under Yahapalanaya that has already given a freedom to citizens in Sri Lanka where they can meet and protest without the fear of White Vans, assaulting thugs or even simple paper files.:
Shills and White washers have no shame.
Look at the Gang of Four plus DJ. They are now entertainment.
Ask them to fish in the vast “Indian” Ocean, but keep the “Indian” Fishermen out of Sri Lanka waters. The fish is ours.
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Leelawathie / March 11, 2015
Dayan Jayathilaka Virus- 2015 (DJV15) is the most dangerous one of that kind right at the moment being infected in srilanka.
This virus can infect to anyone who feels that we the srilankens must not get together for permanent peace. Viral RNA is so powerful so that every second with fragile thinking could get misguided. So the athorities should take the precautionary actions not allowing volks being caught by the virus – latter can only be achieved through awarness programmes that the virus is making every effort to spread.
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padmakumara / March 9, 2015
Be in less of an indecent hurry to condemn and criticise everything with that poison pen in needlessly explosive and loaded language. You’ll embarrass yourself much less.
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Ajith / March 9, 2015
Dr DJ ([Edited out]),
Are you in the process of building up a group of Thugs and Criminals for a blood bath in this soil?
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Amarasiri / March 11, 2015
Ajith
“Are you in the process of building up a group of Thugs and Criminals for a blood bath in this soil?”
DJ is an acute case of sour grapes!
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jansee / March 9, 2015
Dayan:
Just about when everyone has moved away from the cyanide capsule (CC), it is baffling why are you still holding to it? Perhaps the time has come for you to gulp it and SL will be one less of the CC patriots.
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mike / March 10, 2015
@jansee
Who knows Dayan may even consider gulping one of those “capsules” down his throat with a shot of scotch!
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Native Vedda / March 9, 2015
Shyamon Jayasinghe
“DJ’s employment of the metaphor ‘Cyanide Capsule’ is clever as it can evoke our traumatic experience of Prabhakaran’s days.”
You are rest assured, 99.99999999999999999999999999999999999999999999% voters of this island do not know who this constitutional expert is therefore whatever he types will not reach the masses.
Actually he types to amuse his little ego.
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Ebola da Silva / March 9, 2015
DJ, High time you stopped licking Rajapakses. earlier you licked Premadasa and got the treatment at Kanatte.
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Off the Cuff / March 9, 2015
Dayan J,
If this is wrong you should clear this under your own article about it. Please do so at least now.
Shyamon Jayasinghe,
Can you give your views on the issue that Dayan pinpoints?
These are some of my observations.
The Council has 10 members, I was surprised to see that the President who represents a minimum 51% of the electorate excluded. The President has one representative while the PM, Speaker and Leader of the Opposition (LO) are exofficio members. PM and LO collectively nominates 5 others from anywhere, while the other parties collectively nominates one, again from anywhere. Thus the Council will have 3 elected and 7 nominated members (who need not be MP’s). The members have a 5 year term and cannot be removed by the President. The authority to remove them rests collectively with the PM and the LO. The Commissions that are established are immune from even the Supreme Court except when Fundamental Rights are infringed.
As constituted, the President has no say in the affairs of the Council. It is to this Council the President’s powers of appointment are subordinated.
There is a curious situation created as any appointment recommended by the Council gets automatic confirmation after 14 days whether the President agrees with them or not. Thus the Council not only recommends but also appoints (time delayed appointments) making the President a rubber stamp without any authority (I Can understand why this was done as this is the device used by MR to negate the Commissions). But this too can lead to abuse.
However when the President refers an appointment to the Council for approval, no such time limited automatic confirmation operates.
The President’s immunity only operates while he is in office and any action he does while in office becomes actionable once he is removed from office. This will make the holder of that office wary of actions that otherwise could be criminal. This is a good thing.
I may be wrong and hope you can correct them in such an event.
Kind Regards,
OTC
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Leelawathie Dodankotuwa / March 10, 2015
[Edited out]
Dayan starts to see it other waya round. He may needs more time than the 5,7mios backed MR to get it right.
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Justice & Fairplay / March 10, 2015
DEar PS, (Political scientist) or good old PB (punching bag DJ),
Just imagine what if you were a NASA scientist by a quirk of fate or misfortune?
Luckily you will carry that darned capsule wouldn’t you?
Does that answer you Shyamon?
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sach / March 9, 2015
I remember many political scientists had voiced that sudden and drastic changes to a constitutions should be developed with the consultation of political scientists and not by a mere set of professionals in the legal sector.
I guess any person with commonsense will agree to that.
And 100 days is too little to decide on such a huge change to the country’s constitution. So lets get the service of the suitable political scientists. The ones behind this are Ranjith Devasiri, Pivithuru hetak rathana thero, energy forum director Ashoka Abeygunawardene. So one can see the level of ‘political scientists’ behind this.
Even if one is to disagree with Dayan, one can agree no such changes should be done so hurriedly.
1. No proper consultation with political scientists.
2. Small time scale to analyse this. (actually it is 40 days left to analyse and pass it).
3. And it is stupid to ask for SLFP support to pass this, simply because SLFP of Nimal Siripala did not promise to bring such an amendment. It was the promise of the UNP ranil, JHU and Maithree. The people who voted for SLFP guy (MR) did not give a mandate for amendments. Actually a vote for MR is a mandate against amendments. So in such a scenario asking for SLFP support to pass mandate is wrong.
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Kumar R. / March 9, 2015
Sad sach,
“Sudden and drastic changes to a constitutions” are, by definition, “made”, not “developed”. “Developed” by definition implies it is not sudden.
Though a rather minor matter in itself, I thought this goes well to illustrate how you put together words and phrases that either you don’t understand or that really make little or no sense!
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sach / March 10, 2015
Please develop your comprehension skills, if you are not born with it, then I cant help. Read it again before commenting
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Kumar R. / March 11, 2015
Sach (aka [Edited out]
A convenient weaseling out given the inability to either defend or concede, both of which take courage and at least basic intelligence!
Grow up!
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sach / March 11, 2015
If you read what I had said. I have stated ‘should be’ developed with proper consultation. That is I am suggesting that it should not be made hastily but developed in a proper way. Even our 78 constitution was a drastic development. But it was done in a proper way..
So idiot, instead of hanging into a word and misinterpreting to show what a ‘pora’ you are, try to understand the point in the argument.
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Leelawathie / March 11, 2015
why to bother so long they would not go for a totally new constitution ?
Bringing a new constitution will take long than 3 months is clear to all apparrently not to you. ANyways, those who desperately make every effort to paint their views against the rulers can see it coming days they will have no chance.
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Kumar R. / March 12, 2015
Oh how sad, Mr. Sach.
Read what you wrote: “sudden and drastic changes to a constitutions should be developed…”
Now read this: “Drastic changes to the constitution should not be sudden, but instead be develpoed…”
See the difference? Which one tells what you meant to say. That is precisely my point – you put in words and phrases without much thought – but then, thought requires atleast a grade above imbicile.
Just twisting and turning to hide shame as an amude would do seems aptly your style Sach!
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sach / March 12, 2015
It is you who is twisting what I said. When I said ‘should be developed’ I suggested a method that should be adopted. I did not talk about the method the present gover used.
There is a lot of words and an argument that i presented. Instead of hanging onto a word, why not try to counter the ‘argument’, idiot?
Is it because you have nothing left to say, so that you talk about a word, thinking you have a point?
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sach / March 9, 2015
Mr. Shyamon,
If you go and read stuff in Tamilnet, DJ is a person whose writings they refer to so many times. I guess every Tamil separatist online read Dayan’s writings. But I have never ever seen they mention about you. There is a reason TD targets DJ and not you or Sarath fellow or Laksiri fellow.
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sach / March 9, 2015
sorry it is not tamilnet but sangam
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Burning Issue / March 9, 2015
such,
you thrive in the art of writing garbage!
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sach / March 10, 2015
thanks, I will try to reach your level.
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Simon / March 10, 2015
Sach are you so dumb not to notice that Dayan attemps to build his non existent popularity by attacking the minorities.In his dumb thinking like that of his master MR the more he is attacked tge better for him.
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Burning Issue / March 9, 2015
Sorry ShaymonJayasinghe you are an expat living in Australia and you do not know what is right for the Sinhala nation! DR DJ is a Political Scientist who is more of a patriot than you because he decided to remain in SL. So you cannot know what is good for the Sinhala nation; this is the massage DR DJ had already given to Dr Siri Gamage. So Mr Jayasighe what you have you to say now? DR DJ cannot be wrong because he is a true patriot and believing in the existential Sinhala nation and the national minority of the Tamils!
In his latest article DR DJ has equated himself with the late comrades Phillip Gunawardene and Peter Kanuemen as they also believed in the national minority of the Tamils. Never mind about in what context those two true distinguished politicians made such remarks; DR DJ has used those phrases to justify him holding hands with Wimal Weerawansa. What would both Gunawardene and Kanuemen would say about MR presidency and the treatments of the minorities under the MR chauvinistic tenure? Has this learned DJ thought about that?
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Kuseel Gunasekaram / March 9, 2015
“Dayan Jayatilleka’s ‘Cyanide Capsule’”
Another vulgar headline by Shyamon. First it was something like “What was rising, Dr DJ” or something like that, referring to you know what. Now, this from Shyamon. Anyway, tell us, where does Dr DJ hide his cyanide capsule? Hope it is safe from the Tiger elements that Dr DJ hallucinates are still around.
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Punctilious / March 9, 2015
Thank you Shyamon J. Fully agree. You do nit need to be in Sri Lanka to understand and interpret the text as somebody has commented.
But I have a concern over what you have quoted from the proposed amendment:
“61E. (1) The President shall appoint: – (a) the Heads of the Army, Navy and Air force;
“(b) Subject to the approval of the Constitutional Council, the Attorney General and the Inspector General of Police, (2) the holders of the Offices of Attorney General and the Inspector General of Police shall vacate office upon their attaining the age of sixty years.”
The paragraphing is wrong and I had to read this a couple of times before recognizing that (b) belongs to the previous paragraph and that the new paragraph starts at (2).
The constitution needs to be clear in its import. If the glitch originated at the Legal Draftsman’s, then they need to slow down to make everything perfect without ambiguity.
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george jilmart / March 9, 2015
Shyamaon, you got to realise that DJs understanding of the English language is very poor. Years of subservience to the ex king has resulted in this jokers mental faculties being deranged. He is a no hoper now and can only cling to the ex king’s shit bucket carriers like Vasu and Baluwanse who are trying to resurrect Lazarus. Dont waste your time SJ in trying to anallyse an imbeciles mind. DJ’s ship has sunk and he has found a life jacket in the bottom of the toilet.
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We the People / March 9, 2015
Someone says above that DJ should know what to do with the cyanide capsule, and We the People heartily endorse that unspoken hope.
We the People are ashamed that this joker DJ calls himself a citizen of this thrice blessed land, and professes (and flaunts) a doctorate of highly suspicious and tenuous credibility (judging only by the tripe he puts out regularly).
Someone else asks DJ whether he is trying to orchestrate thuggery and mob rule to create havoc in this new era of common sense and ethnic harmony. We the People feel that DJ is very much of that mindset.
He seems to be willing to do anything, ANYTHING, to get his defeated hero back on the throne, for a mess of pottage that he doesn’t seem to want to earn through hard work, but rather by acts of brown-nosing. WHat a shame that we have people like DJ still in Sri Lanka. Chee.
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sach / March 10, 2015
It is not DJ who is orchestrating thuggery and mob rule. If these changes are to be passed that will surely result in instability. The very reason JR came up with this constitution is to fight instability of the previous system.
I am pretty sure if this constitution is to be changed removing executive powers from president, we will see unstable future for SL.
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AESOP. / March 9, 2015
DR. D.J ALIAS SILVA IS NOW SUPPORTING ANOTHER SILVA TO BECOME THE ALL POWERFUL PM, WHEN NEVER EVER DID SRI LANKA VOTED FOR A SIMILAR NAME SAKE TO HEAD THE NATION, NOT EVEN THAT TRUE PATRIOT C.P.DE SILVA. STRANGE DJ DID NOT HAVE TO BURROW A QUOTE TO ILLUMINATE THIS BRIEF WRITING. D.J.MAHINDAPALA AND CHANDRAPREMA HAVE MISERABLY FAILED TO APPRECIATE THE MESSAGE CONVEYED AT THE LAST PRESIDENTIAL ELECTION.IT SAID “WE LOVE THE CHARISMATIC PERSONALITY AND THE TRUE SINHALA/BUDDHIST LOVER MAHINDA R.BUT WE LOATH HIM FOR SHREWDLY STEALING NATIONAL ASSETS TOGETHER WITH HIS SIBLINGS,FAVORITES AND THE LIKE OF SO CALLED POLITICAL SCIENTISTS AND RANIL IN PARTICULAR.UNLESS THEY ARE IDIOTS, THE NUGEGODA MAN AND THE KANDY MAN WEREMEWRELY ICONS OF THE SINHALAM’S SENSE OF GRATITUDE.IT SENT A MESSAE TO MR “COME BACK, WE NEED YOU AND YOU ONLY, SANS THOSE SIBLINGS AND THIEVES, ALONG WITH RANIL.”.
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kali / March 10, 2015
Shyamon Jayasinghe:
We have an instant critic of the proposals for amendment among us in the name of Dr Dayan Jayatilleka (DJ). I am afraid DJ has been too much in a haste to come out with his lashing. For some time, DJ had been writing for former President Mahinda Rajapaksa (MR) first predicting (not in a Sumane sense) the latter’s victory. Now he writes and works for the wacky campaign to get MR back. No quarrel about anybody’s ambitions. He or she is free to do so-especially under Yahapalanaya that has already given a freedom to citizens in Sri Lanka where they can meet and protest without the fear of White Vans, assaulting thugs or even simple paper files.
In this particular case of critiquing 19A I have to seriously disagree with DJ while pointing out gross factual and interpretation errors in his hasty analysis.
DJ’s employment of the metaphor ‘Cyanide Capsule’ is clever as it can evoke our traumatic experience of Prabhakaran’s days. What is more important is that DJ evinces by the use of this figure of speech the main motive and thrust of his analysis, namely, to create scaremongering among the Sinhalese population in particular.
*** Whether we like Dyan the Messenger or not the message sadly is that of the Sinhala Majority who voted for more of the same.
If the Tamil vote is to have any meaning and for the Tamils to feel part of the Nation we must be able to be part of the decision making process and must have a say in Governing.
Constitution must ensure ( no doubt will be drawn up by Sinhalese without any Tamil Input) that the Vice President must be from minority community. The majority might think that there is a risk that in the event of the President meeting an untimely death a Tamil might become the President. My question is if we are asked to be citizenns of a Unitary State why bloody not.
The Constitution must also make sure that a Tamil must be appointed to head at least one of the Armed forces. Nothing else will do.
The Tamils will then under a Federal System feel Sri Lankans and will die for the country and no need to carry Cyanide Capsules which will only be needed if a foreign country invades.
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sach / March 10, 2015
“DJ’s employment of the metaphor ‘Cyanide Capsule’ is clever as it can evoke our traumatic experience of Prabhakaran’s days.”
LOL! look at what those who funded cyanide capsule is saying! :)
The tamils can take part in decision making process and they do. Last presidential election is the best example. It is the executive presidential system which treats the whole country as a single constituency.
As jansee said earlier tamils make and break SL president.
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Ram / March 10, 2015
At least DJ has read the document before criticising it. He has accepted that he had been wrong in interpreting one part of it. How many of the lawmakers would read it before signing it into law. We have seen how the Patriot Act, a huge tome (certainly not prepared in a hurry in a matter of days) was presented soon after 9/11 and the US lawmakers coerced to give their approval by those well targeted Anthrax attacks that followed. Many later accepted that they had not even glanced at the document. Only one was vehemently opposed to it throughout.
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Sylvia Haik / March 10, 2015
Oh Please. US politics is far more corrupt than the Rajapakses ever were. Even at village level, the upholders of the laws are community elected which results in dangerous discrimination as in Ferguson, Missouri. It is now widely accepted that Dick Cheney and George W. Bush were forewarned and knew before-hand details of the 9/11 and who the suspected perpetrators were i.e. US and Saudi citizens. But they allowed it to go ahead which enabled the Patriot Act and more. By accusing the Iraqis, they not only secured the supply of oil but the rebuilding program went mostly to Halliburton of which Cheney is a major shareholder. Osama Bin Laden’s massive, family owned construction company is partly owned by the Bush family, hence the concealment of Saudi involvement. Israel gets away with many war crimes and the proliferation of nuclear weapons with impunity because of the US Veto in any investigations. That is because all the political donations, US$ Billions in value, to both parties are controlled by the Israel Lobby, and any politician not toeing the line gets no donations and without it you get nowhere.
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Shyamon Jayasinghe / March 10, 2015
I disagree with Dayan Jayatilleka when he remarks under comments that the amendment requires the President to act on the advice of the Prime Minister on “all other matters.” He is wrong here,too. My view is that DJ hasn’t properly read or grasped the true import of the amendment.
‘Punctilious’ has raised a query.
I hope to explain both re DJ above and Punctilious in a separate piece in Colombo Telegraph later.
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sach / March 10, 2015
Tell me Mr.Shyamon, what is the need to make changes to SL constitution in a hurry? I don’t see that we need it. Actually I see danger in doing changes in a short time span.
The fact that Mr.Shyamon and DJ disagree in some of the interpretation proves this amendment lacks clarity. In such a situation, cannot this unclear amendment leads to wrong interpretations in the future by various people?
Cannot that be a risk in the future causing instability?
Don’t you see that people with necessary professional skills were not involved at all?
If you don’t like to refer to Dayan jayatillaka, please refer to what Prof Soysa says in Divaina.
And at last why do you feel the urge to change the constitution of this country in a hurried, unprofessional and dangerous manner that too while you do not expect to live here in the future?
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Pena Kiyanna / March 10, 2015
Please don’t!
[Edited out]
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Off the Cuff / March 10, 2015
Dear Shyamon J,
As constituted, the President has no say in the affairs of the Council. It is to this Council the President’s powers of appointment are subordinated.
The Council is an appointing authority not just an advisory body. It’s “recommendations” are in reality Time Delayed appointments over which the President has no control other than causing a 14 day delay. Thus the Council overrides the President when they make an appointment. In fact the President is just a Rubber Stamp.
Curiously this time delayed automatic action is not present when the President asks for the Council’s approval. Hence the President’s requests can be subverted by indefinite delays.
More detail in my comment of March 9, 2015 at 11:23 pm above.
Kind regards,
OTC
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Sinchuappu Hewage / March 10, 2015
All right thinking ones of CT forum will have to see it that DJ s substance are solely connected to add anything evasively to sound against Ranil W and his actions regardless of the relevance. Sadly this kind of so called self proclaimed academics can only harm the society rather than supporting to help parties to get together.
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Simon / March 10, 2015
Dayan like Vellupillai Prabakaran will not bite the cyanide capsule him self but will be happy to encourage others to do so.
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D Nimal / March 10, 2015
It is not surprise that among the UNP, CBK, MP-clique, TNA, MC and JVP among the most anti-national and anti-democracy elements that vehement opponents ongoing Republic Constitutional of Presidential power. These forces back by US UK and Indian power groups.
They want revised the text of Republic constitution were majority Sri Lankan are opposing ,that President, PM, and Ministers whose in power is to undermined by the Rise of National and Democratic forces.
Yet this decision somewhat made by ambiguous plan of Western backs and India want to have poor and weak Republic Governances in Island.
It does not decisively answer the Development and Democracy of ‘good governance and rule of law’ by sustainability of Capitalist development in every sphere of life of People of Sri lanka.
Nor does it provide any sustain economic , social and political plan for a fast recovery of 30 years War tone Sri lankn economy and political democracy that has still not CURED structural pathology of development of economic a declined monetary field, that fast erode rise of GDP of Island.
Proposed Republic Constitutions represtanted by handful of ruling interest of political class alliances in power, that now confirmed back to predominance of any foreign power can that interfere and raped sovereignty and Territorial integrity by Weak Republic of Sri lanka.
It will having granting and amends of clauses or change of Constitution that undermined and to be surrender Supreme Power of People Sovereignty.
Well so-called proposed constitutional changes do support that with equal care of the prosperity of people’s political rights and Freedom of democracy; but contrary that is has been given that totally free hand run and maneuvering enough rooms dominated country democracy for local and foreign powers.
This reality did not reflected in Shyamon Jayasinghe mindset.
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BBS Rep / March 10, 2015
The problem with DJ is he does not read nor listen. If only he takes a moment to read the comments here.
I for one can’t understand why or how DJ is so slavishly ingratiating himself on behalf of Mahinda Rajapaksa. If he wants an idol to worship there are any number of worthies in Sri Lanka. Why he chooses Mahinda to worship when there is so much evidence that his chosen hero is a plunderer, is a hypocrite, is an uneducated oaf who surrounded himself with thugs and kudukarayas is beyond my imagination.
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Karunaratne Gamage / March 10, 2015
DJ has tried to provoke an overeach by lying that the President would not be able to appoint an army commander without approval from the Constitutional Council. He is caught with his pants down. A very big blunder. Readers can now know the quality of the political scientist Cheers for SJ
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K.A Sumanasekera / March 10, 2015
My three of course is not up to speed with the Elite dialect, although he was seen wearing a slimfit shirt under his Tuxedo, when s attending the Diaspora reception in London.
Dayan is right. The translation is clear an mud
When did Aussie Shaymon become a legal expert on our Srilankan Statute Book to tell the inhabitants that they don’t matter. if the Elite and the , Anglicans want to change the constitution?.
Wonder what our Emil Syntax Poorten has to say about this atrocious drafting of such a important ammendment to our Constitution, which is going to marginalize our Dalits for ever.
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JULAMPITIYE AMARAYA / March 10, 2015
Dayan Jayathilaka Silva.
Now The Grapes has become Sore for the Hyenas and Foxes.
So the Foxes and hyenas have to Starve till the next War Starts, Which is nowhere Coming for centuries.
and You may not have a Hand rail on your “Ea DANDA”.
Better get a Cyanide Capsule from Deputy Karuna and share with your Boss Jarapassa.
Very Sad And Sorry to Say,
NO Benefit to country or No USE OF YOUR TYPES,
;Ex Maahalinda???????????.
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Medini de Silva / March 10, 2015
THE PROBLEMS WITH THE PROPOSED 19TH AMENDMENT TO THE CONSTITUTION
Dharshan Weerasekera
There are huge problems with the proposed 19th Amendment to the Constitution. In this article I’ll focus on just the first and foremost of those, which has to do with the proposed changes to the Executive. (I am using the version of the proposed amendment published in Colombo Telegraph: https://www.colombotelegraph.com/wp-content/uploads/2015/04/Exclusive-19th-Amendment-draft-.pdf.)
Article 2 of the proposed Amendment (to replace Article 4(b) of the Constitution) says:
(b): The executive power of the people, including the defence of Sri Lanka, shall be exercised, in the manner hereinafter provided, by the President of the Republic elected by the People.”
Article 7(2) of the proposed Amendment (to be inserted as Article 33A of the Constitution) says, inter alia:
33A(2): The President shall always, except in the case of the appointment of the Prime Minister or as otherwise required by the Constitution, act on the advice of the Prime Minister or such Minister as has been authorized by the Prime Minister to advise the President with regard to any function assigned to that Minister.
33A(3): The President may require the Prime Minister or Minister giving advice to him or her under subsection (2) to reconsider such advice, but the President shall act on the advice given to him or her, after such reconsideration.”
Since Article 2(b) above says that the executive power of the People is to be exercised by the President, and the President is to be elected by the People, it means the person elected as the President is the person delegated by the People to exercise the said executive powers. Articles 33A(2) and (3), however, indicate that it is the Prime Minister who will actually exercise the executive power of the People.
To expand on the above a bit further: If, out of a number of candidates, the People elect X to perform function Q, it is presumably because the People consider that X, and not anyone else, is qualified and capable of performing Q. Why would the People elect X to perform Q if they wanted, say, Y to do the job? If they wanted Y for the job, they could elect Y directly, or, reciprocally, if Y felt he was qualified and capable for the job, he could go before the people himself and get the necessary mandate.
Read more at :http://www.lankaweb.com/news/items/2015/03/08/the-problems-with-the-proposed-19th-amendment-to-the-constitution/
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dcn / March 10, 2015
Shyamon Jayasinghe is right in his analysis. DJ an MR crony cannot see anything right from this goverment. As mentioned frequently he imitates to be a patriot whilst others are not and thinks he is the only greatest political analyst in SriLanka. Probably he is suffering from some kind of amnesia.
The bottom line is the present government is making arrangements to fulfil their promises with the 100 day programme which is not to the liking of MR supporters which includes DJ abd naturally he is trying his best to do the opposite.
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Rod / March 10, 2015
Not sure why people are giving DJ any attention, because he feeds off it! He was gunning for a UN appointment or an ambassadorship should MR have won. He is now in a quandary, so he is hoping that MR would somehow come back. All that he is interested in now is his future career prospects. It is sad to see him hit an all tie low like this, losing a little more credibility each time he writes something.
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paul / March 10, 2015
You need to ware your glasses Shyamon before writing “Subsection (2) refers only to the appointments of AG, and IGP as requiring the President to seek recommendations of the Constitutional Council”. As i read it, subsection (2) referes to compulsory retirement age of the IGP and Attorney General.
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Ashan Mendis / March 10, 2015
DR. Dayan Which NGO do you belong to BTW as told by the Maharajaneni.
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DEMOCRAT / March 10, 2015
In terms of the 19th amendment any person who has held the position of Executive President for two terms would be ineligible to contest for the Executive Presidency. If a further amendment is introduced making such person ineligible to contest a seat in Parliament it would be end of the road for MR.
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Saman / March 10, 2015
Shymon J… is not constitunital lawyers or expert of political science.
[Edited out]
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Estate Labourer / March 10, 2015
One does not have to be a constitutional lawyer or political scientist to talk about these things or to vote at elections.
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Estate Labourer / March 10, 2015
Dayan J, please do us all a favour by biting that cyanide capsule!
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Vichara / March 11, 2015
While agreeing with Dayan J that the 19th Amendment is seriously flawed in terms of (a) definition (b) process and (c) content it has to be pointed out that the Amendment has to be approved by a referendum by the people.
19A seeks to change the basic structure of the Constitution which is founded on the principle of the sovereignty of the people as spelled out in Section 3 of the Constitution. The way it is exercised is defined in Section 4 in the following terms, i.e. the Sovereignty of the People shall be exercised and enjoyed in the following manner (a) the legislative power of the People shall be exercised by Parliament, consisting of selected representatives of the People and by the People at a Referendum (b) the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of, the Republic elected by the People; (c) the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions ……..
According to Section 83, the amendment of the provisions of Section 3 can be done only with a referendum. To convert an executive president to that of a president who acts on the bidding of the Prime Minister is a violation of a fundamental condition in the exercise of the sovereignty of the people.
Section 3 also ensures another basic principle of separation of power. Neutralizing the executive” is again a violation of this key section of the constitution.
The provisions in 19A for a change in the powers of the Executive President can be done only through a referendum. That will be the best expression of GOOD GOVERNANCE.
The implications of a change in the structure of the constitution is a main plank of the arguments made by Wanasundera J, with examples of the determinations of a number of Indian Cases, in his dissenting comments in the SC case on the 13th Amendment.
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