8 August, 2022

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NMSJ On The Executive & Devolution

By Jayampathy Wickramaratne –

Dr. Jayampathy Wickramaratne PC

The National Movement for Social Justice (NMSJ) has proposed that Sri Lanka reverts to a parliamentary form of government. The NMSJ’s founder Ven. Maduluwawe Sobitha Thero, who was a strong opponent of the Executive Presidency, frequently referred to the warnings of Madam Sirimavo Bandaranaike, Dr N. M. Perera and Dr Colvin R. De Silva against adopting a Presidential form of government.

Madam Bandaranaike said in 1978: “The effect of this amendment is to place the President above the National State Assembly. Above the law and above the courts, thereby creating a concentration of State power in one person, whoever he might be. This has happened in other countries before, and history is full of examples of the disastrous consequences that came upon such nations that changed their Constitutions by giving one man too much power. We oppose this Bill firmly and unequivocally. It will set our country on the road to dictatorship, and there will be no turning back. This Bill will mark the end of democracy in Sri Lanka, as the late Mr Dudley Senanayake realized when these same ideas were put to him in the United National Party.”

Colvin R De Silva and Sirimavo Bandaranaike

Dr De Silva had said: “There is undoubtedly one virtue in this system of Parliament (…) and that is that the chief executive of the day is answerable directly to the representatives of the people continuously by reason of the fact that the Prime Minister can remain Prime Minister only so long as he can command the confidence of that assembly. We do not want either Presidents or Prime Ministers who can ride roughshod over the people and, therefore, first of all, over the people’s representatives. There is no virtue in having a strong man against the people.”

The results of the Executive Presidency are all there to see. A President elected by a massive majority, supported by a two-thirds majority in Parliament and strengthened by the Twentieth Amendment to the Constitution has miserably failed and has given the lie to J. R. Jayewardene’s famous claim that “We need an executive freed from the whims and fancies of the legislators.” Collegial decision-making has again been proved to be better than decisions taken unilaterally in the Presidential Secretariat.

The Executive

The NMSJ has proposed that the President be elected by an electoral college comprising Members of Parliament and members of the Second Chamber. The electoral college shall also elect a Vice-President who shall be from a community other than the community to which the President belongs.

The President shall only be the formal Head of the Executive. Except where expressly provided by the Constitution, the President shall exercise powers on the advice of the Cabinet of Ministers conveyed to him by the Prime Minister. The Cabinet of Ministers shall be charged with the direction and control of the Government of the Republic. The Cabinet of Ministers shall be collectively responsible and answerable to Parliament.

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. However, the President shall not have the power to remove the Prime Minister. The Prime Minister appointed after a General Election shall be deemed to have resigned if a vote of confidence in him is not passed at the first sitting of the new Parliament. A Prime Minister appointed after the first sitting of a Parliament shall be deemed to have resigned if a vote of confidence in him is not passed by Parliament within seven days of his appointment. The Prime Minister shall also be deemed to have resigned if a motion of no-confidence in the Government is passed, the Budget is defeated in Parliament or the Statement of Government Policy is defeated in Parliament.

Secretaries of Ministries and Heads of Departments shall be appointed by the National Public Service Commission in consultation with the relevant Minister.

Constitutional Council

Ven. Sobitha Thero strongly supported the Constitutional Council process and independent Commissions. The NMSJ has proposed that the Constitutional Council abolished by the Twentieth Amendment be re-established with powers not less than under the Nineteenth Amendment. Apart from the Prime Minister, the Speaker and the Leader of the Opposition, the members of the Constitutional Council shall not be Members of Parliament.

The Right to Information Commission shall be added to the list of Commissions to which appointments could be made only on the recommendation of the Constitutional Council. The National Audit Commission and the National Procurement Commission abolished by the Twentieth Amendment shall be re-established. An agency to assist and advise state sector institutions in the matter of procurement shall be established by law. There is no need for a permanent Delimitation Commission. However, any Commission, committee or person tasked with delimitation in relation to Parliamentary, Provincial or local authority elections shall be appointed on the recommendation of the Constitutional Council.

Members of any regulatory authority established in relation to the electronic or other media, data protection, cyber security, public utilities, monetary and financial services, competition in trade and foreign trade shall be appointed on the recommendations of the Constitutional Council.

The Governor of the Central Bank shall be added to the list of officials whose appointment must be approved by the Constitutional Council.

Devolution

Devolution introduced by the Thirteenth Amendment has come to stay, and even the present Government that came to power on a nationalist platform is extremely unlikely to abolish Provincial Councils. If that be the reality, it is best that Provincial Councils be suitably empowered. Devolution must not be viewed only as a solution to Sri Lanka’s ethnic conflict but also as an instrument to develop the periphery. Sadly, successive governments have used every conceivable provision, literally speaking, every comma or full stop in the Constitution, to frustrate devolution.

The NMSJ has accordingly proposed that there be the maximum possible devolution based on the principle of subsidiarity; that is, whatever could be more efficiently handled by the lowest tier should be vested in such tier. Local government shall be recognized as a tier of government. The allocation of subjects and functions between the three tiers of government shall be guided by the principle of subsidiarity. Such allocation shall be clear and unambiguous and shall not be overridden or encroached on except by constitutional amendment.

The Province shall be the primary unit of devolution. The term of a Provincial Council shall be five years. Elections to all Provincial Councils shall be held on the same day. Appropriate constitutional provisions shall be made to ensure that elections are held regularly for all Provincial Councils, as in the case of Parliamentary elections.

If a Provincial Council passes a motion of no-confidence in the provincial administration or the Budget or the Statement of Policy is defeated in the Provincial Council and a new administration formed does not win a vote of confidence within fourteen days, the Provincial Council shall be dissolved, and the Governor shall be in charge of the Provincial administration until an election is held for the constitution of the Council along with elections for the other Provincial Councils.

Parliamentary legislation on matters in the Provincial Council List shall not have the effect of the Centre taking over the administration of such matters. In formulating national policy on matters contained in the Provincial Council List, the Central Government shall adopt a participatory process with the Provincial Councils. The Constitution shall provide the circumstances in which the Centre may prescribe national policy.

National policy declared by the Central Executive shall not override statutes enacted by a Provincial Council in respect of matters in the Provincial List. However, if central legislation is enacted to give effect to such national policy in accordance with the constitutional provisions relating to the enactment of legislation on devolved subjects, the relevant Provincial statutes shall be read subject to such national legislation. The approval of the Second Chamber would be necessary for such legislation. The formulation of national policy on a Provincial List matter would not have the effect of the Centre taking over executive or administrative powers with regard to the implementation of the said devolved power; the Provinces will retain executive or administrative powers in relation to the said devolved power.

Parliament may by law provide for the implementation of functions on selected subjects in the Reserved List by the Provinces. Parliament or Provincial Councils may by law/statute provide for the implementation of specified functions within their purview to be carried out by local authorities.

Regarding the Provincial Executive, the NMSJ proposes that the Governor of a Province should not have been politically active during the period of three years immediately prior to appointment and shall not be involved in politics during the period of office.

The Chief Secretary of a Province shall be appointed by the National Public Service Commission with the concurrence of the Chief Minister. Secretaries of Provincial Ministries and Heads of Departments shall be appointed by the Provincial Public Service Commission in consultation with the relevant Provincial Minister.

The appointment, promotion, transfer, dismissal, and disciplinary control of officers of the Provincial Public Service shall be by an independent Provincial Public Service Commission (PPSC) constituted for each Province. The members of the PPSC shall be appointed by the Governor on the joint nomination of the Chief Minister and the Leader of the Opposition of the Provincial Council concerned. Where there is no agreement between the Chief Minister and the Leader of the Opposition, the Constitutional Council shall make the nominations after consulting the Chief Minister and the Leader of the Opposition.

There shall be a Chief Ministers’ Conference, comprising the Prime Minister and the Chief Ministers of all the Provinces, which shall meet at regular intervals to discuss issues of common concern and to promote inter-provincial and Centre-Province co-operation. The Prime Minister shall preside at the Chief Minister’s Conference.

Community Councils: Constitutional provisions shall be made to ensure that at various levels of government and in different geographical areas, the rights of communities that are minorities within such areas are protected.

Related posts:

Part I – NMSJ Proposals On Constitutional Principles, Nature Of The State & The Legislature

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Latest comments

  • 6
    7

    Abolishing EP?
    Where were these imbeciles during 2019 presidential election?
    In all previous elections abolishing EP was the major promise of every candidate if he/she returned to power. Once in power not only the incumbent , the chief of opposition too is unwiling with the hope of becoming president next time.
    These SOBs kept mum in Nov.2019 for they wanted their man Sajith to be president thereby strengthening the claim by Gotabaya side that a strong president is the need of the day.
    Is Sajith agreeable to the proposition even now?
    Here is a situation today Gota might agree as there is no chance in hell for him to return.

    Soma

    • 1
      3

      We can abolish EP after one time Ranil become EP. Because, when he is packed in the box, by angels’ order the box should carry the writing “Lord Of Appe Rata”.

      Somu, when are you becoming the EP Lankawe? If Nobody write anything on your box, don’t worry, we will take it to Tamil Eelam and write on it “Maveeran, who liberated Tamil Eelam”

      • 1
        0

        Who funds the National Movement for Social Justice (NMSJ) and should this outfit not investigate who was behind the assassination of its founding inspiration, Sobitha Thero? He had realized that the UNP-SLFP (Ranil-Sira) govt. that he helped bring to power was in fact a bi-partisan corruption racket and a front for external actors intent on colonization of Lanka???After all it is know that the Yahapalanaya Govt. was brokered by foreign actors in a regime change operation also gamed by Facebook, in Sri Lanka!

        Sobitha Thero was increasingly critical of Yahapalanaya and was eliminated – died in Singapore – at a time when the US and its acolyte Aussi and France are competing to weaponize religions- Buddhism and Islam to re-colonize the Indian Ocean rim regions.

      • 0
        0

        Mallaiyuran
        Ranil?
        Why did he always hid himself behind a ‘ common candidate’?

        Soma

    • 4
      1

      Dear Soma,
      Is Sajith agreeable to the proposition even now?
      .
      Who is Sajith to agree or to disagree. There are ‘friends’ of yours, who have the same aspiration. Will you find out the answer from those, as well.
      .
      Shirani is hell bent on her doting son becoming the President, isn’t she.
      .
      Find out her opinion; I’ll get Sajith’s.
      .
      Are you for Executive Presidency. I’ll give you my answer right away. Have it abolished.

    • 2
      0

      soman

      “Here is a situation today Gota might agree as there is no chance in hell for him to return.”

      Hell?
      Is there another place called hell, other than Sri Lanka?

      How are you?
      Do you cook?
      Careful with Gas Cylinders.
      Make sure you are comprehensively insured.

  • 3
    1

    Why the “Vice President” has to be a person from the “Community” other than the President elected?

    When will we or can we forget this “Community” bargaining. Why can’t we forget this “Community” clause and elect both the President and the Vice President from among the most “Suitable” candidates?

    Any Provision to “Disqualify” persons who are not “Citizens”, including the “Dual Citizens” being elected or appointed to Legislature, Executive, and the Judiciary? I am of opinion that this “Disqualification” must be included in a new Constitution.

  • 2
    0

    A load of red tape by the NMSJ. We have seen the chaos created by yobs as Presidents, the legal complications of the President sacking the PM of the ruling party & appointing another from his own party, which was in the opposition & now, a ‘Vice-President who shall be from a community other than the community to which the President belongs…’ by an ‘an electoral college’. Why not make it simple by have just a PM from the elected party as before, responsible for the cabinet, instead of a ceremonial President (possibly from a different party)

  • 1
    0

    A load of red tape & bureaucracy by the NMSJ. We have seen the chaos created by yobs as Presidents, the legal complications of the President sacking the PM of the ruling party & appointing another from his own party, which happened to be in the opposition, & now, a ‘Vice-President who shall be from a community other than the community to which the President belongs…’ elected by an ‘electoral college’. Why not make it simple by having just a PM from the elected party as before, responsible for the cabinet, instead of a ceremonial President (possibly from a different party) passing the buck or acting the bull in the china shop, destroying everything in its sight? Why not reduce the number of parliamentarians, provincial councillors, governors, & all these bureaucrats who are a burdened to the tax payer?

  • 2
    2

    Before drafting any constitution all the Srilankans must be sent back to the kindergarten and trained them on how not to soil their pants.

  • 1
    1

    Jayampathy Wicramaratnae,

    The Constitutional Council to perform similar as the Public Service Commission but at a higher level including appointment to independents commissions.

    Why should it be called a Constitutional Council. Is it going to perform any constitutional function? – High Post Appointments Commission is a better term to preciously define their functions.

    Why the Prime Minister, the Speaker and the Leader of Opposition will automatically appointed to the commission.

    Being politicians their mere presence will politicize the entire commission.

    Who will appoint the other members of the commission? If it is Parliament, it is counter productive

  • 3
    2

    Dead snake. Worth to put it in a gold box and parading on the elephant’s back with Vijaya’s tooth during Peraheras. Sheer waste of time in reading or commenting on this. With all respect to Maduluwawe Sobitha Thero, he is not a politician; moreover, like Dr.Jayampathy, Thero knows nothing about the constitution.

  • 2
    1

    There is no provision on how to keep Lankawe compliant with UN Charter &, past & future Resolutions; specially how to get the Dutugemunu Aanduwa to sign Rome Accord-ICC. How the provinces sue the National, Criminal, Leaders, and secure judgements that cannot be nullified by national SC or pardoned by president. Upgrading LCs to tier 3 and bringing them under the constitution is to give devolution to PCs by left hand and take it back by right hand in LCs. Upper house is the invention of the Old Rowdy King to fool Dr. Man Mohan Singh and get free arms from Sonia. 13A is for the North East. If an Upper House is formed, either North East gets five or North gets 5 and East gets 5 (if they are going to be kept separate) and the South gets five. That is how the upper house can fix imbalanced majority rule in Parliament. Otherwise, 35 Sinhalese from 7 southern provinces, five Sinhala Party Muslims from East and North, five Devas, Ramanathans, Jevan Thigarajahs and Tamil Buddhist Ragavans, Sumanthirans… what a gimmick!

  • 0
    1

    Over to Saddampy.

  • 7
    2

    This writer, though perhaps well read in classic law, is unable to see the wood for the trees. He rambles on about legalities, concentration of power, accountability and the people’s will as if referring to a quaint utopia where all is generally well, except that the chief executive might become a dictator. No, all is not well, and not only due to a maniac at the helm. The whole parliament and the political system is a cesspool of corruption and sleaze, a wholly repulsive culture where the people’s welfare is held in contempt. He must attempt to see these realities before discussing technicalities in wielding of power. Chain robbers, rapists, ethanol barons, heroin king pins, prostitution ring leaders, smugglers, murderers, con artists, fraudsters and pretenders fill the ranks of parliament. This system needs dismantling before any reform is contemplated. The corporate sector too is rampantly hand in glove with the undesirables aforementioned. This is what needs a radical revamping at the earliest opportunity. Jayampathy, you better read this and think about it..!

    • 0
      2

      Dr.LP
      Do you remember how Jayampayhy Wickremaratne tried to manipulate 19A in favour of Ranil , Courts rejecting some of his clauses as unconstitutional?

      Soma

  • 13
    0

    Nothing will change, our people are unable to accept changes, can not blame them, Powerful members within their community control their decisions.

    So it would always be changing political parties and leaders.
    The system will always remain the same.

    There are no political parties, politicians, or other influential community members willing to unchain the minds of the people, encourage progressive values and encourage changes.

    Maybe in another 20 or 30 years from now, there could be a revolution by the future young if they will adopt progressive values.

  • 7
    3

    Much as Mrs B railed against the presidential system, she was a virtual dictator under the parliamentary system ably assisted by the ageing socialist Colvin R de Silva. who destroyed the left movement in Sri Lanka, the source of our later discomfort. It is not the system but the type of leader and the type of politics that matter. Once the Bandaranaike’s had demonstrated that Sinhala\ Buddhist majoritarinism is the path to authoritarian power, the system ceased to matter. As long as the voles of 6.9 million morons can be marshalled through rousing up of communal passions, what difference does the system make? It is true that the powers of the president will have to be curtailed in the future but how it is to be done is the question. Perhaps, the restoration of the 19th Amendment and greater devolution of powers may provide the solution.

  • 0
    0

    Soma, you are wrong on Sajith’s election manifesto. I voted for Sajith only because he was the strongest candidate against Gota but I would like to see someone else being the Opposition’s next Presidential candidate. But to give the devil his due, Sajith did promise to take the 2016-18 constitutional reform forward: “The Constitution reform process on the executive President acting with the concurrence of the Prime Minister, devolution and electoral systems begun by this Parliament will be completed without delay, along with all stakeholders.” He also promised to build on the 19th Amendment and increase civil society participation in the Constitutional Council so that the independence of Commissions will be strengthened. Devil’s advocates will argue that he would not have kept his promises, but that applies to all candidates. I think NMSJ proposals will put pressure on Presidential hopefuls to come out with their own proposals. NMSJ proposals have already catalyzed a discourse as we see from comments.

    • 0
      0

      Jayasiri S
      But still he wanted to retain EP.
      Wait and see, supporters of Sajith will not campaign for abolishing of EP during the tenure of this regime.

      Soma

  • 1
    0

    The main occupation of parliamentarians are to insult each other. The remaining time is not enough to solve problems. The toxic environment it makes it harder to collaborate and get things done. Reform the party political system. Instead of 2 party system, ensure the cabinet of MPs are chosen directly by the public.

  • 2
    0

    “Madam Sirimavo Bandaranaike, Dr N. M. Perera and Dr Colvin R. De Silva”

    Distance of time …… makes the heart grow fonder!

    Now, have any of these people covered themselves in glory?


    Making a clean break with the past is paramount for any constitution to succeed.

  • 3
    3

    To deal with Tamil separatists in the North and perhaps Muslim separatists in the East and Malayanadu separatists in the Central Highlands in future, Sinhale need a strong Central Government with an Executive President.

  • 4
    3

    Should erase Provincial boundaries from the map of Sinhale.

    Provinces are a colonial legacy. British introduced Provinces for their administrative purposes. Now some guys use Provinces as a unit to claim that they are their ‘Traditional Homeland’. Guys who colonized Yapanaya in 13th Century and were confined to Yapanaya peninsula until British dragged them and settled them outside Yapanaya claim that they were in this country from ‘Dawn of Time’ and North-East is their ‘Traditional Homeland’. They have forgotten that indigenous Sinhalayo were the inhabitants of NE for thousands of years until Dravida invaders wiped out their settlements.

  • 9
    0

    The only option left is to return to the 19th amendment.

    Nothing new will be accepted by the people, their community leaders, or supported by politicians.

    As long as future governments do not have the 2/3 rd the 19th Amendment will hold on.

    1978 Constitution can never be scrapped, it has a lot of power that no leader to date has been willing to scrap fully.

    The political culture is deeply rooted in the minds of 99% of the Citizens and firmly cemented by community leaders, so it will always be changing of political parties and politicians.

  • 9
    0

    A Country’s fate is not decided by God or any supernatural powers,
    but rather by the interpretations of credos by whoever is in charge.

  • 9
    0

    The President just needs to propose the return to the 19th Amendment and let the Cabinet Ministers and PM carry on and wash his hands off.
    It’s not possible to change A nation that is not willing to change and is unable to embrace diversity, multiculturalism nor willing to move towards progressive values.

    • 2
      7

      Fahim Knight,
      “It’s not possible to change A nation that is not willing to change and is unable to embrace diversity, multiculturalism nor willing to move towards progressive values.”

      Sinhale was predominantly a Sinhala Buddhist country until indigenous Sinhalayo accommodated Muslims who faced persecution by Portuguese and Dravidians brought to their country by colonial rulers. By accommodating foreigners, Sinhala Buddhists embraced diversity and multiculturalism. Hindus were allowed to build Kovils anywhere in the country. Muslims were allowed to build Mosques anywhere in the country. Sinhalayo and Tamils converted to Christianity by colonial rulers were allowed to build Churches anywhere in the country.
      It is the people accommodated by Sinhalayo who are not willing to embrace diversity and multiculturalism and trying to have their enclaves in Sinhale, the Land of Sinhalayo and Vedda Eththo. Tamils want to grab a part of the country to create a separate State and Muslims want separate Administrative Units for them instead of living in harmony with indigenous Sinhalayo who accommodated them.

      • 5
        0

        @Eagle Eye,
        I am not going to get into an argument with you to agree or disagree, simply because you are a foreigner and your race or religion does not qualify you to interfere in our country’s affairs period.

        Live your delusion, it does not bother us.

        Go ahead make my day.

        • 3
          0

          As for my belief in my divine Scripture, it becomes mandatory to preserve my race.

          Quote ( with the permission of The Editor in Chief of CT)
          Quran, you are divided by race, so you may recognize or identify each other(I have quoted out of context taking only what is required, from the translation and simplifying )
          Unquote.

      • 4
        0

        @Eagle Eye,
        How can I blame you or another community for name-calling (The Socalled SL Muslims) When they themselves have fed the myth of being descendants of foreigners, (Arab biracial ethnics) and also immigrant boat people(/Marakala Minisu) and now as SL Muslims with no trace of any ethnicity.
        you are going by what you have been fed with.

        However, If the Sri Lankan Muslims of today want to hang on to the Myths which has been scientifically disproved through DNA by reputed experts, they may do so, at the cost of their future generations’ birthrights, it does not concern or bother me anymore.

        I accept the scientific evidence of my DNA presented by our reputed Scientists not just by one, but by multiple.

        For me, Lanka Yonaka or Sonahar named by our great Kings and ancestors both among native Sinhalese and native Tamils simply interprets my ethnicity as native Sinhala / Tamil poly-ethnic. So Lanka Yonka or Sonhar means exactly that and you or even if the million-plus Muslims refute the scientific evidence, won’t change my stance until It can be scientifically disproved.

        Just because a majority of people believe and refute Scientific evidence, I am not obliged to accept it nor consider them to be correct.

        • 0
          2

          Fahim Knight,
          “When they themselves have fed the myth of being descendants of foreigners, (Arab biracial ethnics) and also immigrant boat people(/Marakala Minisu)…”

          It is not a myth, but a fact.

          • 2
            0

            @Eagle Eye,
            You just proved how deeply delusional you are by denying Scientific evidence.

  • 1
    0

    Thanks for a succinct summary. I understand that that though you summarize the NMSJ proposals for the benefit of readers it does not imply that you support every specific proposal and detail.

  • 3
    0

    As Lasantha Pethiyagoda puts it, it is not the system but the malaise that affects political and social life in Sri Lanka that needs cleaning up. Crooks and convicts must be excluded from standing for elections. Corruption laws should be brought requiring people to explained sudden acquisition of wealth. Incredibly, some politicians have more wealth than the one billion dollars the country has in reserve, though they have no legitimate source for this wealth. Leaders must have adequate competence as civil servants (in the past, not our military fellows) had. Fomenting racial hatred should be prosecuted. The judiciary must be kept out of politics. The AG’s Department should not be amenable to political pressure. These are the laws that require changing. The constitution is not the priority except when it comes to devolution and the seeking of ethnic peace without which the country will not progress.

  • 0
    0

    Elections to Provincial Councils should be conducted on the same date!.
    Why?
    If the Provincial Council elections are conducted on the same date to all the Provincial Councils, then it will be an island wide national election and national issues will dominate at the expense of individual provincial issues.
    The election will turn out to be a referendum to test the popularity of the ruling party and the provincial issues will be put at abeyance and forgotten in the heat of the election.
    But the elections to be meaningful should be conducted one at a time concentrating only on issues facing that particular provincial council and the possible way out to solve the problems. That is real grass root democracy.
    One argument is the huge expenses involved in conducting separate elections on different days.
    When all costs including social costs and social benefits are considered, the social benefits will offset all costs.
    It is only by conducting elections on a staggered basis democracy and rational for the existence of provincial councils will become justifiable.

  • 6
    0

    Pethiyagoda I agree with your analysis , this writer is no where near Colvin or NM in depth of character or broad thinking. That earlier generation had the benefit of a wide liberal education. This writer is a vernacular mind, limited , opinionated and on the look out to climb the social ladder.

    Wickramaratne ( Dr and PC ) still claims to be LSSP but during Yahapalanaya was working for Ranil W projects on constitutional amendments to suit Ranil.It was JR and UNP who brought in the nonsense of a Presidency.How can he even work with the UNP ?

    It is most unlikely that uneducated and anti book learning Srima had any concept of constitutional processes . She only read out prepared speeches. When she spoke unprepared she said she would bring rice from the moon !

  • 0
    0

    Jayampathy,

    Does any country have the word “devolution” in their constitution? 13 A also does not use the word anywhere in the text.

    Devolution is relevant only when the nature of state is Unitary and all powers are concentrated at the center and thereafter the center give up some of her powers to the periphery and you call it devolution and it is a top down approach and is contrary to the principle of subsidiarity.

    Subsidiarity could not be practically feasible unless you have a concurrent list with extensive power and functions and there by having flexibility in transferring functions from the lowest level to the higher level.

    The principle of Subsidiarity is included in the Swiss constitution.

    Devolution is cumbersome and likely to be interpreted at the whims and fancies of the power at the center.

    Devolution is demeaning to the periphery and those at the periphery are always at a disadvantage.

    On the other hand, when a new constitution is formulated, power should be shared constitutionally between the center and the periphery and the power relationship should be made clear without any ambiguity and that power should not be taken back under any circumstances.

    I recommend power sharing instead of devolution!

  • 4
    0

    We need to sit back and evaluate the situation with a deep breath, right now we the people just need to stop getting sucked into this Constitution drama, let the politicians dance with it.

    There is a way to overcome our grievances and the answer is with us the people, going on strikes and protests
    are never any benefit to the people or country, it is an outdated concept of agitation not effective with the present digital era.
    If people allow politicians to drag them into antagonizing the present government at this moment of crisis, the external forces will benefit by feeding on the situation.

    The solution is for each community to come up with a mechanism of its own to take care of each other and just leave politics aside for now.

    You will find the best examples with The Borha Community and the Global Ismailis.

    Each religious community can begin by starting a kitchen in their Temples, Churches, and Mosques to feed all the people at least one meal in each area, people can contribute with cash and help in the cooking.

    A lot more can be done, but exclusively restricted only within your communities and areas demarcated as small and manageable.

    Self-help is what is needed. Not political charities by their affiliated rich.

    Give it a thought, talk to your relatives, friends, and Priests.

  • 0
    0

    Jayampathy Wicramaratnae,
    The article has not dealt adequately with power and functions of the Governor of a Provincial Council.
    He role in administration, financial management and statue making powers of the Provincial Councils.
    Further no check and balances from misuse of his power and authority and also to prevent arbitrary actions by the Governor so that an elected provincial Council could function with an autonomy to be effective tier at the grass root for regional development.

  • 0
    0

    Sumanthiran’s speech ( in Tamil ) in Jaffna on the 18th Dec 2021 – covers 13th amendment – https://www.facebook.com/100007985535285/videos/602660210955523

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