Sacked Minister of Justice and Buddha Sasana, Wijeyadasa Rajapakshe will not resign from the Constitutional Council, sources close to Wijeyadasa told Colombo Telegraph.
Wijeyadasa Rajapakshe PC
Wijeyadasa, now a Colombo District UNP MP and back-bencher was appointed to the Constitutional Council on the nomination of both the Prime Minister and the Leader of the Opposition.
While there is no constitutional provision for the removal of a member, 19th amendment says all appointed members shall hold office office for a term of three years from the date of appointment unless the member earlier resigns his office by writing addressed to the President.
“I was nominated by both Prime Minister Ranil Wickremesinghe and Opposition Leader R. Samapnathan, so I’m not only representing the UNP, I will hold my position till 9th September 2018,” Wijeyadasa told his friends on Saturday.
“He was nominated by Prime Minister Ranil Wickremesinghe, not by Samapanthan, the Leader of the Opposition’s nominee is John Seneviratne, if Wijeyadasa has any shame he should resign from CC,” a senior minister told Colombo Telegraph.
The composition of the Constitutional Council consists of ten members, of whom three are ex officio members while the rest are appointed. As per Chapter VIIA, Article 41, of the Nineteenth Amendment to the Constitution of Sri Lanka, members of the council consists of the following:
(a) the Prime Minister;
(b) the Speaker of Parliament;
(c) the Leader of the Opposition;
(d) one person appointed by the President;
(e) five persons appointed by the President, on the nomination of both the Prime Minister and the Leader of the Opposition; and
(f) one person nominated by agreement of the majority of the Members of Parliament belonging to political parties or independent groups, other than the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belong, and appointed by the President.
The Speaker shall continue to hold office as a member of the Council for as long as they continue to occupy the office. The members occupying the seats held by the Prime Minister and the Leader of the Opposition shall continue to hold office as members of the Council for as long as they continue to occupy the office, or until such time after a General Election following such dissolution of parliament. All appointed members shall hold office office for a term of three years from the date of appointment. Appointed members are not eligible for reappointment. However members shall continue to hold office on the council until a successor assumes the seat of the vacating member.
Jimsofty / August 27, 2017
I think Dr. Dr. Wijedasa Rajapakse is a good politician People should support him. Because, the constitutionally Sri lanka is a Quasi federal country. Now, the civil society, LSSP and some dumb-Sinhala people wants sri lanka to be a “EKEEYA” rajyayaa. How do you define that word. Word UNITARY is claer. Then Northern Tamils, Easter Tamils, shite muslims, sunni muslims all can have their homeland. Sinhala buddhist living in the south should practice human rights, democracy and eventhe military should submit to street thugs if they from those homelands.
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Jagath Fernando / August 27, 2017
Wijedasa is an interesting character who has benefited from all past Presidents.
Mahinda helped him at the beginning to establish himself as a lawyer by introducing him to senior lawyers when he had no practice or recognition at the bar.
He was close to a certain minister during CBK regime. Made loads of money from legal cases coming under his ministry and from govt media institutions. CBK made him a President Counsel as a political appointee.
Crossed over to be with Mahinda during his regime and benefited.
Being a smart guy crossed over again during last election and made headlines through the Avant Garde case. Kept his close relationship with the Rajapakse clan going.
Left Ranil again when another carrot was dangled by the joint opposition. Cultivated a good relationship with the Buddhist priests and appears as the savior of the nation and the religion to chief prelates.
Don’t be too surprised if he comes forward as common candidate!!
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mike / August 27, 2017
Jagath F. – It is evidently clear that DealDasa is a pompous ass and a Medamulana Meeharaka ass licker. He will eventually be dangling with his own carrot!
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vishvajith / August 28, 2017
Well said Jagath.
Btw, he should keep away from the Convicted Pedophile Monk from London.
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LittleisimonfromBerlin / August 27, 2017
All these are just threats to intimidate AVANDGARDE investiations. Wijedasa is number one to be arrested for Avangarde.. wait and see, how this will work next.
This ballige putha will have to be jailed together with GOTA after going through the invesitgations since the moment they stopped them.
Mafia king challenges Rajitha to face it sooner than later means, MR knows well that he will have to go to jails together with all others.
Stupid former leader now rush to Kovils as got to see yestreday, since his subconscious mind knows how deep he had been guilty for all the high crimes to allow within his Zimbabwian style mugabe rule held until 2015 at his PE defeat.
Today, they talk high similar to the crabs in hot water.
All together want to stop any good moves of the current rulers blocking the investigations.
Once BOND issue reports comes they will have to face the charges, means, if they are to, why not Rajapakshes and their high crimes including killings of both communities.
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mike / August 27, 2017
Jimmy-Dimwit – “I think Dr. Wijedasa Rajapakse is a good politician People should support him.” You must be out of your mind Dimmy, no wonder you have many “thumbs down” for your idiotic comment!
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Fathima Fukushima / August 28, 2017
There is a growing number of Shiite Muslims in Sri Lanka due to Indian and Iranian influence. Modi is supporting them to counter Sunnis. This will be a problem.
Srilanka needs full Sharia to make the society civilised. Particularly Trincomalee.
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Banda / August 28, 2017
Hey Fathima if sharia law is enacted, then your profession is done.
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Samuel Jayaweera / August 28, 2017
If WR is a good politcians,
when almost everyone would stand against him in his party should get it, correctly.
This bugger instead has chosen the other way.
Now not gone just 24 hours, but we see him sitting with former Mafia Man.
So all predictions made about him in the tabloid over the past few months should have been the truth – which is he is the only person to have stood on the way, not alllowing former men to be investigated:
I have the feeling ballige putha cut his neck by his own. If people would change towards getting things as i t is this man would NOT be elected by the people again.
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Silva / August 27, 2017
This is what happens when you go with the saying “keep your friends close but your enemies closer”
That is the stupidest thing you can do…
Now this Government is paying the price…
At least Lear from your mistakes and get rid of all those working to bring this Government down from within!
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Mallaiyuran / August 27, 2017
The clauses, defining of how a member would be terminated, is not including about the sponsor recalling his nomination. It is not clear if Ranil can recall his nominee. Probably Ranil cannot, as the last one says that (without impediment,) the member can continue for three years. There is no need of sponsor’s continued support is stipulated. A no-confidence clause is also not there for trust brakeage. All what can be infused into that is only serious criminal misconduct. So a nominator may not use his arbitrary decision to recall his nomination.
In the wording of “continue to occupy the office”, I assume the “Office” means the Parliament, not cabinet. Deal has not lost the office (MP). He lost Minister Post
If Deal is under (e), then technically, he is nominated by both Opposition leader and Prime Minister. Then the question is, can Prime Minister withdrawing his consent end up as Deal not nominated by Prime Minister and Opposition Leader, but nominated only by Opposition Leader? Opposition Leader has to get in conjunction with Prime Minister for a candidate become council member. But the irrelevant point is who suggested the name? i.e. whether person’s name was suggested by Prime Minister or Opposition leader. Deal was suggested by Ranil and John was suggested Sampanthar.
PM suggested minimum one Muslim and one Tamil. But the Tamil he suggested was an anti-Tamil SLFPyer. I presume John Seneviratne is more neutral to Tamils than anti-Tamil Radhika.
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Pandu / August 27, 2017
You and your ‘anti-Tamil Radhika’… So anyone who criticizes the LTTE is ‘anti-Tamil’?
Poisonous rot.
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Mallaiyuran / August 27, 2017
Members can vacate the office by resigning in the form of writing addressed to the President or can be removed from office by the President when both the Prime Minister and the Leader of the Opposition have formed the opinion that such member is “physically or mentally incapacitated and is unable to function further in office or is convicted by a court of law for any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him or her has been passed in terms of Article 81 of the Constitution or is deemed to have vacated his or her office under paragraph (7) of Article 41E”. The President shall within two weeks, of there being a vacancy of any of the appointed members, appoint another person to succeed that member. The newly appointed member shall hold office for the remainder of the unexpired term of his/her predecessor.
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Mallaiyuran / August 27, 2017
As it appears Prime Minister has uncertain control over his nominees, the proposed 20A may be find resolution to that
The word “Opposition Leader” in the nomination process had no effect at all because Sampanthar was under control of the deals he made for secret solution. He is still unconditionally supporting the Yahapalanaya hoping that his dead and cremated baby, the secret solution, may get a second life if he support Yahapalanaya 100%.
As the council is already a puppet council, Deal remaining in the council is beneficial for public.
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Nagananda Kodituwakku / August 27, 2017
During President CBK’s tenure, the 10-member Constitutional Council was introduced through the 17A. The objective was to ensure independence of the Judiciary and therefore only 3 people were appointed from the Legislature (Prime Minister, the Opposition Leader and the Opposition) to it and 7 learned people with eminence were appointed from outside. From thereon all appointments to the Judiciary (Supreme Court and the Court of Appeal) and to other high profile pubic offices were made on the recommendations of this Council by the Executive President.
After MR was elected to the Office for the 2nd term he became drunk with power was determined to have a firm grip on the Judiciary. And through the 18th Amendment he abolished this Council altogether. The clear objective was to have his yes-subservient men appointed to the Judiciary (Supreme Court and the Court of Appeal), which he did no respect or regard to the doctrine of Separation of power. Worst thing he did was the appointment of his most subservient servant Mohan Peiris to the office of the CJ.
During the Yahapalana Clan’s election campaign they pledged people to amend the damage done by MR to the Judiciary, restoring the independence of the Judiciary. And through the 19th Amendment they reintroduced this Constitutional Council.
Cont…
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Rarityminds / August 27, 2017
I have a greater respect to you as lanken Lawyer.
My question to you would be – even for a tiny reform to prevailing laws in the country, why do they take that long ? We while living in Europe are well aware of the fact that EU parliament get passed their reforms almost every week without wasting time.
I think it is the courage of our people what matters to here. They just stay talking only, or the resistence that arise in the country where stupidity dominated nation, may be the reason according to me. However, I have not lived in the country for the last 3 decades, and I am very grateful to you if you could respond to me, why lanken counterparts seem wasting that much of time for even any tiny reforms to prevailing laws ?
Thank you and gretz from. Berlin
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Rarityminds / August 28, 2017
This comment was directed to Mr Nagananda Kodithuwakku.
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Nagananda Kodituwakku / August 27, 2017
Yet, the composition of it was completely the opposite of the one introduced by the 17th Amendment. The MPs were allowed to retain veto power over appointment process with 7 MPs appointed to it and only 3 people were allowed from outside. It is interesting to observe that during the debate of the 19A, some MPs argued that there should be no outsider at all in the Constitutional Council and that all members shall be appointed only from MPs.
It is not a secret that Sri Lanka is a failed state and it has suffered heavily without an independent judiciary, particularly because many criminal elements occupying office in the Legislature and the Executive.
Therefore, from the right-thinking citizen’s viewpoint to save the Nation from further collapse there shall be an absolutely independent judiciary, which should have been the last hope for the people against all forms of injustice and not just Wijedasa there shall be no MP at all in the Constitutional Council.
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Jimsofty / August 27, 2017
Mr. Nagananda Kodithuwakku: Absolutely independant Judiciary at the only at high ends is dangerous for the country’s unitary nature. Because, Sri lanka is a Quasi – Federal Country at present. but, Tamils want to make it “EKEEYA” and that would destroy the country. IT is the Same thing, Sinhala people would lose their rights. See even the UK has privy council. US screens supreme court Judges.
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Desperate Sinhalaya / August 28, 2017
This says everything you the kind of DIMWITS are made to think.
Just for that srilanka is federal for you right ? What end you have been talking Bum softy ?
Not just tamil lankens but also SINHALA lankens not belonging to your fractions would always want justice to be served as promised.
Sinhalaya would not loose their rights but buggers of your nature that sideby the thugs would loose everything.
Even in UK or any other countries in EUrope, they have taken steps if high crimes being buried or put off.
SO WHY NOT MR MADAMULANA ?
The day the buggers would have been hung by their balls only, we can feel that justice is served.
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Pandu / August 27, 2017
Entirely agree, Naga
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A / August 27, 2017
Today MP stands for Moda Pak…yas.
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mike / August 27, 2017
A – “Today MP stands for Moda Pak…yas.” Please don’t class all MP’s under this category. Even Medamulana Meeharaka and his playboy son Namal Rajafucksha are “Molay Pukays” whose brains, if any, are embedded in their rear. They are Sri Lanka’s synthetic “lowyers”.
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justice / August 27, 2017
Sri Lanka became a failed state when seven MPs, most of whom had no legal or administrative experience, perused over 20,000 pages of evidence, verbally cross examined the person examined who was a former Chief Justice, and who was kept standing, and found her guilty of corruption within a few days, and recommended impeachment.
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K A Sumanasekera / August 27, 2017
Are Kalu Ajiya, Tommya, Poodle Club Baby, on this Independent Yahapalana thing?……..If not Dr Ranil and President Sira should appoint at least Tommya’s baby and Dr Ranil’s God Son MP , when the UNP gives Wigedasa the ass…….
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Burt / August 27, 2017
A dissenting voice is not a bad thing in the constitutional council accept for what he is and get on with the job at hand and get on with it.
Be happy this is not a position where dealdasa can cut deals to give his family access to contracts or improve his bank account.
This loser can hold on to it this could be his last opportunity.
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roy / August 27, 2017
A picture of a sheep from clown court , um behhhhhhhhhhhhhhhhhhhhhh
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Spring Koha / August 27, 2017
Seconded!
You (the oleaginous ex Justice minister) can stay ‘by-force’ by at least remove the anachronistic old sheepskin rug that you wear on your head. The old white mastah has long gone.
Staying on is a now accepted practice among sacked ministers/government servants; hold on to the residence, hold on to vehicles, etc. Custom and practice.
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Non PhD / August 27, 2017
Thank you Mr.Nagananda for enlightening all the Sri Lankans with such a clarity and with a real concern for their Mawbima.
But the immediate issue that has to be of concern is the purpose and the out come of the meeting both Rajapakses ( MR & WR ) had in a Vihare near Maharagama on the 25th .Aug..
In my view WR’s mischievious or cunning utterence that he will not resign from the constitutional council has put Maithiri -Ranil-Sampanthan understandings on the constitutional change and the commitment to the IC in jeopady .
Sampanthan has accepted that they will accept an agreeable solution with a new constitution even if that gives Buddhism the first place.
Every right thinking human in SL and the SL diaspora all over the world will also agree to what you said. That is “Sri Lanka ” is a failed state.
Can the Mahanayakes with the backing of Mahasangha advise the Rajapakse combinations to gracefully retire from politics or to take a break from politics at least for 5 years.?
During that 5 years they can serve the people by doing volounteer work in the temples and Vihares learning and preaching real Buddhism and not mixing it with party politics and thus re-elevating the status of the people and the country.
In addition JVP and MS factions have to rise to the occasion and carry out their heavy responsibilities by convincing the ordinary masses why they should together with MahaSangha has a responsibility to rescue the failed state SL by supporting a new constitution that guarantees the unitary status but at the same time sharing power among all sections of the population.
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Dan / August 27, 2017
What’s important here is not what Wijedasa R will do at the CC in future, but the principle & caliber of people who should be appointed to this August body.
The buck stops with the people entrusted to recommend personnel to CC. When selecting nominees, it is important to evaluate the integrity of the nominee instead of personal relationships.
In this instance, PM who nominated Wijedasa should be held responsible. This is not the first instance PM failed in such selections. Selecting Arjun Mahendran as the Central Bank Governor and Ravi K as Finance Minister are two other recent examples.
It is clear that the PM makes these decisions based on his personal relationships and personal benefits, either to him or to the UNP, and not based on integrity of such personnel. When his nominees are in trouble he uses the UNP machinery either to save them as in the case of foot notes at the COPE investigation of the infamous bond scam or else to get rid of them as in the case of Wijedasa R.
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Pandu / August 27, 2017
Good thinking, Dan. This is true. Opinion of many right-thinkers.
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Desperate Sinhalaya / August 28, 2017
Do you think that PM has anyy other choice ina country where almost everyone is entwined with abusive nature ?
Today this country as Dr. Harsha Silva stresses almost everyone is corrupted and cant be reliable for anything.
The nation is filled with corruption.
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Ad / August 27, 2017
True, now it is obvious of the quality of the politicians who were appointed to the cc and what kind of a contribution they had made so far. 40 years of experience and 2500 year civilization did not overtake common sense.
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Peter Aiya / August 27, 2017
Don’t resign, stay in power so that you can continue to rob like the rest of the shit.
All you guys are evil , ugly ( physically & mentally ) , sick , and inhuman.
The best place for you shit would have been the gulags in Stalin’s soviet union or Hitler’s concentration camps.
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Lankan No 1 / August 27, 2017
Dear JIM sorry..
You want to support all racists. You are happy to see another blood bath in Sri Lanka. People like you want to create trouble. You are happy to see blood.
What a shame ?
You can not be a true sinahslee it or Buddhist
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Sinhala_Man / August 27, 2017
I’m sorry that I once voted for Wijedasa Rajapakshe, but there’s nothing that can now be done about it. Similarly, it’s too bad, but WR can stay on the Constitutional Council. As Burt says above, it’s not a bad thing to have a dissenting member. It would be a very bad precedent to get him removed through some underhand move.
The fault really lies with the others for not pushing ahead with drafting a proper new Constitution. And the problem there is that these other guys don’t have the courage to do the right things, and risk losing their seats at the next elections. We don’t need people permanently holding on to seats; we need to see a job done even if it is unpopular. That should so obviously be true, but we are faced with Ranil W. who MUST be permanent leader of the UNP. Why can’t these guys adopt the sort of attitude which says, “I’ll do the right thing, irrespective of consequences. Let me only HOPE that it gets appreciated.”?
Similarly for Maithri: Please get the job done, and then RETIRE from politics in 2020.
If you adopt that attitude the chances of getting the necessary reforms will still be quite high (the public really wants this done), AND you will be recalled in History as having been a decent man. The only downside of this will be that you will be an ordinary, retired citizen like me with no power. Is that such a bad thing?
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CK / August 27, 2017
No wonder he always like to stay until get kicked out!
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K.Pillai / August 27, 2017
Sources close to Wijeyadasa Rajapakshe say “I Won’t Resign From Constitutional Council: Wijeyadasa Rajapakshe”.
The decision to resign or not is entirely in the hands of WR.
So why bring this up now? Is it a warning to JO? “I will be on my way so keep off. I will keep the language/religion going. You people think that the gold mine is barren/senile”
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Jim softy / August 28, 2017
Sri lankan political system is pathetically screwed up. All the VVIPS fatten their bellys and families like brain dead morons and they pretend nothing happened. So the anti-sinhala Civil society -NGOs, Tamils, Friday forum are one and all the same. They are trying their best that Ranil wickramsinghe would destroy what ever the left for sinhala people in this Quasi-Federal system and want to make sinhala people simply no where to go. I think Maithripala Sirisena became a pawn of Ranil, CBK and Mangala and Ranil, CBK and Mangala are agents of those anti-Sinhala forces. So, in that sense, At least Wijedasa Rajapakse there is a blessing in disguise. It is said, even the Venerable Sobhitha Thero was brain washed by the Catholic – Ravi Karunanayake. Only bad smell there is Mahinda Rajapakse and some thieves in Jackal Opposition will jump inside the band wagon again.
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Mallaiyuran / August 28, 2017
I think Maithripala Sirisena became a pawn of Ranil,
Softy,
This is a point many times pointed out in CT. You repeat it one more time may not make any new turn. Problem is not Ranil is outsmarting New King, unlike else where he is doing with UNHRC or India or America. But I think that is what your contention is. That is apparently wrong. It is neither the power deficiency with the EP side is subordinating New King to Ranil. The parliament is in chaos and Ranil is not drawing and continuous strength from parliament to “PM stay ahead of EP” in power games.
It is the SLFP crippled New King to the current status. And in turn New King crippled SLFP to its current dismay. If Chandrika have had her way, she might have restored the SLFP to its seat and equal status in the National Unity government and thus in the Parliament too. Your resentment on Chandrika is meaningless hate.
Chandrika wanted the Old Royals punished from the very beginning. It is not just because she wanted a new culture developed in Lankawe government, but she always has fear that Old Royals may come back to power and wipe out the Sand Castle she built with Yahapalanaya and that would lead problems on her personal safety and her Children’s political future.
New King protected Old King against Chandrika’s objection. He even competed with Ranil on that and ensured not even a hair from Old Royals would fall off. Media always suggested Ranil is maintaining as much friendship with Old King as he is maintaining with New King. Media is suggesting that if there is an election, New King’s faction will be distant third. Under these circumstances how do you expect New King stomp over Ranil and lead?
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Park / August 28, 2017
Traitors have no seat in the CC, kick him out.
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Sri-Krish / August 28, 2017
This comment is not about Wijeyadasa Rajapakshe or his continuance as a member of the Constitutional Council,but about the absence of removal of a member from the constitutional council.
What happens if the removal provision is included? Then the member will probably be not independent but always toe the line of the appointee.
If there is a removal provision, then the independence of the constitutional council will be compromised.
The constitutional council will become obsolete and the existence of the constitutional council will become utter wastage!
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mugalan / August 28, 2017
W R need not resign. Nobody doubts his knowledge.of law.But No one trust him as a genuine person and his integrity is doubtful.
Nevertheless we should use his knowledge of law in case other members of the Council needs his advice
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Analyst / August 28, 2017
Mugalan !
Is that the reason fallen gutter law minister WR is now dancing with the convicted Paedophile MONK from London holding hands and doing a GiGi??
At this moment both needs each other don’t you think??
Birds of a feather flock together.
Paedophile Monks , State Thieves , State Murderers, State Drug Dealers are altogether ,
A Very bad sign for a country just trying to recover from disasters after disasters , the spoilers the government sabotagers are inthe act of destroying the country preventing any progress.
The same trick Rajabarkers and cohorts had been doing since their Fall from Power.
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