26 September, 2018

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Full Text Of The SC Determination On The 19th Amendment: Some Sections Need A Referendum

The Supreme Court has today determined that the 19th Amendment to the Constitutions is consistent with the Constitution but certain sections require a referendum.

Read the full determination here

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Latest comments

  • 7
    13

    In short, will Ranil get the power that he craves but hasn’t been able to win legitimately?
    Or will Sirisena keep the powers he won legitimately ?
    That my friends is the question before us.

    • 10
      3

      The problem is that going to the referendum will require major votes from public which will take lot of time in processing the amendment from public votes as if they go on for the referendum the General Elections will also get delayed. This will not be good time for the Government to delay because the UNHRC Investigation report is due to be released in September 2015,

      Only this government can defeat the investigation reports at the UNHRC by launching internal mechanism. Bring back Mahinda or Nimal Siripala as Prime Minister will put the country in danger if the international trade sanctions is imposed for alleged war crimes by Mahinda and Co.

      Therefore, I think the government feels some of these sections should be removed without going for the referendum. Therefore, I think they should remove it with advice from the Supreme Court.

    • 7
      0

      Ranil’s power is legitimate. Maithripala would not have won without UNP support.

      • 3
        2

        But they have to make Ranil as Head of Government in order to function properly. President as Head of Government is a naïve choice.

        That’s the reason the court is pushing for a Referendum Because the court didn’t like the head of government to be move to Prime Minister. I think these judges are backing the President Sirisena as Puppet.

      • 4
        1

        Then why did Ranil not contest the election but went behind Sirisena?

        NO guts NO glory.

        • 0
          0

          Stupidity is not warranted either. Ranil would not have won the election.

          But Ranil is opposition leader. He did what was best for the party to come into power. Now we see that he was the best candidate for opposition leader as the UNP has obtained the power it needs to move forward.

      • 0
        0

        The day President Maithripala announced his candidature for Presidency he very clearly stated Ranil will be the Prime minister if he wins and this was repeated at every forum. Therefore the voters were very clear when they cast their votes who their PM will be unlike in the past where the name of the PM was held in suspense.

  • 4
    2

    I wonder what these people had in mind when they said they were going to abolish Executive Presidency when canvasing during the past election. Seems all their legal advisers should be fired unless of course people had ulterior motives. Politics is dirty, a decent person should never get involved in it unless they want to be reborn as a cockroach.

    • 2
      1

      Ebahtog

      “I wonder what these people had in mind when they said they were going to abolish Executive Presidency when canvasing during the past election.”

      That is marketing. How do you communicate with a populace whose average IQ is 79.

      The goal was to get rid of the corrupt Medamulana Mahinda Rajapaksa Regime,

      The Common opposition got that done.

      They are trying to undo a lot of things that needs to be corrected. Referendum Vs, Parliament, we are splitting hairs here.

  • 6
    1

    Now that the SC has given its determination, parliament can debate and vote for the bill. All those parliamentarians who understands the agony of the executive presidency and love democracy would vote for the resolution.

    Immediately after the bill amending the constitution the President would did dissolve
    The parliament after which all these political discards can contest the next elections under any other party!

  • 2
    3

    This is the Chithanthapalanaya’s good governance. In Old King time, Shiranee said Divinigumba was violating the constitution. In the New King time, [Edited out] Pavan is fully controlled and ensured not making a mistake Shiranee made.

    When JRPalanaya was there, Amirthalingam became the opposition leader. In the Chithanthapalanaya time, [Edited out] received a kick on the back from Samal Rajapakse. After all, TULF never supported JR’s UNP, but the TNA release a false statement to support this government voluntarily, without any agreement.

    Ranil went to Kerimalai to establish reconciliation, asked the New King to handover him the 200 acres Manson to construct a 6 star hotel, in the same way he asked the Old King to had over the Temple Tree House to him, on the morning of 8th January. With the name of rebuilding the devastated schools, treat a school principal like his house Ballah. If they are not going to bulldoze any unwanted building they put on the Tamils Land, it had to be handed over to NPC to make the decision of how to use building. They 400 acres only for entire north who lost their own land. But Ranil alone got this 200 acres.

    This how the Chithanthapalanaya new Royals are restoring the lost rights of Tamils.

    Robert Blake – TULF is path to Prince Zeid – TNA. Chakadaththaar Sampanthar, at his latter ages, wanted to climb on the horse G.G. climed and Ananathasangari climbed.

    • 2
      0

      What is Autonomous Lunatic Mallaiyuran saying?

  • 7
    1

    1. This will discourage MR to seek premiership with the intention of continuing from where he left, 2. Even if he runs too he may not get the required majority to form a govt of his own. 3. The dissidents may become part of UNP led alliance. 4. In a three cornered contest a hung House is a sure possibility and will compel My3 to use the executive powers, unwillingly. [MR may strike a deal with Ranil (!)]

  • 2
    0

    The specific clauses 42 to 44 identified by the Supreme Court as those require a referendum deals with the transferring of powers from the President to the Prime Minister viz. the position of Head of Cabinet and the appointment of Ministers and allocation of their responsibilities.

    This justifies the position taken by JHU. While I am not a member of the JHU, we should appreciate the position taken by them.

  • 4
    1

    Ranil who could not become the President of Sri Lanka tried to surreptiously introduce a constitutional amendment that would have made his present postion as Prime Minister to become the Head of the Government. He like the old fox JR tried to change the SL Constitution to arrogate dictatorial powers to himself as Prime Minister to hire and fire Ministers. Fortunately the Supreme Court has now stopped it and has told him if you want it that way go to the people in a referendum. He will not go to the people over this matter because what the results of any such referendum would be and he has said so.

    His ambition to continue as Prime Minister in the long run will not be realized because the proposed election will not vote UNP to power.This man’s ambition to become an unfettered Prime Minister is thus doomed for ever and sooner or later he will lose even the UNP leadership to Sajith. He is a loser and will be thrown out after the next election. He can join the other loser Chandrika in retirement and may be perhaps together they can do some undercutting of whoever who comes to power.

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