By Laksiri Fernando –
The present turn of events undoubtedly is not ideal for the country, but perhaps inevitable. If the UNP could have changed the leader, Ranil Wickremasinghe, as he was straying away from democratic norms and interests of the country, it would have been a better option, much earlier than the present. However, that was unfortunately not the situation given the poor internal democracy within our political parties. Equally worrying is the appointment of Mahinda Rajapaksa as the Prime Minister, although it is constitutional.
The following was what a defiant UNP MP and a State Minister, Vasantha Senanayake, has told the Daily Mirror (27 October).
“It is with relief that I welcome the change of a most shameless and selfish man that ruined the great party built by my ancestors and damaged seriously, the wellbeing of our motherland. I pledge my support to the Prime Minister and congratulate the President for his wisdom.”
Failures of Ranil as PM
There were three major instances where Ranil Wickremesinghe should have resigned and allowed another leader from the UNP to become the PM. But he didn’t. First was the bond scam where he was directly implicated with his friend Mahendran. Second was when the UNP under his leadership was roundly defeated island wide at local government elections. Third was the rejection of his proposal to sell the East Terminal of the Port of Colombo to India even without an insistence from India.
In all these instances he held on to power under different excuses. Ambassador to China, Karunasena Kodituwakku, also recently revealed that the Hambantota Port was given to China even without their request or insistence. It was called a ‘debt-equity swap’ in Wickremasinghe’s parlance. He was apparently either working on an extremely strange economic theory or against the national interests of the country for some reason.
While accusing the last government of taking excessive foreign loans, he has taken more loans than the previous government. Record of corruption is the same. The failure to hold elections on time has been the most damaging to the democratic system. President Sirisena is also culpable for these violations without taking necessary action previously. The ambiguous or diarchic 19th Amendment is one reason for this situation, whether it is done purposely or not.
Questionable Democratic Credibility?
Wickremesinghe cannot claim to be a democrat. If he is a ‘liberal,’ it is a strange variety. He has his skeletons in the Batalanda cupboard. He is quite equal to Mahinda Rajapaksa. The difference might be in the guts or public appeal. Now he questions the appointment of Rajapaksa as the PM, on the basis he was holding a majority in Parliament before. However he didn’t have any hesitation to swear in as the PM in January 2015, under similar circumstances. Was it democratic then?
We all know that numbers in our parliamentary system are largely manipulated. The root of the defect is within the electoral system and in the rotten political culture. People had some hopes when they ousted MR in 2015. However, these hopes became largely dashed as RW started manipulating things for narrow political gains. The return of MR today is largely RW’s fault.
People wanted a democratic 19th Amendment instead of the dictatorial 18th Amendment. To appease the demand, certain positive changes were enacted. But stealthily, autocratic elements were introduced. Strengthening the powers of the PM is not the answer to excessive powers of the President. That is what has been attempted, although not that successfully. The funniest aspect of our constitutional change is that it is the same Members of Parliament who enacted the 18th Amendment that endorsed the 19th Amendment overwhelmingly.
People like Ranil Wickremesinghe knew the situation. Therefore, he manipulated the constitution, with the support of some naïve leftists. Constitutional amendments or changes should not be enacted to suit personalities. That is however what was done even in 1978 with Wickremesinghe’s connivance. At least, JR was in a position to go before the people and win a popular election. Wickremesinghe is not, or hesitant. That is why he changed the constitution to suit his circumstances through the 19th Amendment.
Constitutionality of the Move?
Because of the ambiguous nature of the 19th Amendment, the decision to remove Wickremesinghe as the PM has now become a controversy. However, until this matter is settled amicably, or in the Supreme Court, the President’s decision has to be upheld. Otherwise, the country would plunge into unnecessary chaos. Wickremesinghe appears to claim he is the arbiter in deciding on the constitutional issue. He dismisses going before the Supreme Court.
President has appointed Rajapaksa according to Article 42 (4) as follows, although some have argued that the President has taken the phrase ‘in his opinion’ too literally.
“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.”
It is now incumbent upon Rajapaksa to prove he has a majority in Parliament after 16 November as the Parliament is prorogued until then. The Speaker now grumbles that he was not consulted in proroguing Parliament, although it is not a constitutional requirement.
The question still remains whether the removal of Wickremesinghe is constitutional. If the President has appointed a new PM, that implies that the incumbent is no more with or without informing in writing. That is how Wickremesinghe became the PM in January 2015 and no one raised the question of constitutionality then. However, this time the following letter has been issued to Wickremesinghe.
“While I had appointed you as the Prime Minister of Sri Lanka as per the powers vested in me as the appointing authority in Article 42 (4) of the Constitution of the Democratic Socialist Republic of Sri Lanka, I hereby inform you that you have been removed from the office of the Prime Minister of the Democratic Socialist Republic of Sri Lanka with immediate effect under the powers vested me.”
‘Under the powers vested in me’ is the key phrase. What are they?
19th Amendment
There is no question that many of the powers of the President are reduced under the 19th Amendment. However, nowhere it says he cannot remove the PM. There are two Articles where removal is mentioned directly and indirectly.
First is Article 47 (2) which says “Notwithstanding the death, removal from office or resignation of the Prime Minister, during the period intervening between the dissolution of Parliament and the conclusion of the General Election, the Cabinet of Ministers shall continue to function with the other Ministers of the Cabinet of Ministers as its members…”
This is of course during the intervening period, as it is clear from above. However, this is a proof that the possibility of removal is still there even after the 19th Amendment. There is no hard and fast rule on this matter.
Second is Article 48 (1) which says, “On the Prime Minister ceasing to hold office by death, resignation or otherwise, except during the period intervening between the dissolution of Parliament and the conclusion of the General Election, the Cabinet of Ministers shall, unless the President has in the exercise of his powers under Article 70, dissolved Parliament, stand dissolved…”
This is about the circumstances under which the Cabinet of Ministers stand dissolved. At the same time, it implies other circumstances under which the PM ceases to hold office other than death and resignation. These could be the circumstances of appointment of a new PM under Article 42 (4), a successful no confidence motion in Parliament, defeat of a budget proposal or a direct removal by the President.
Other Powers of the President
It is a mistake to rely too much on the 19th Amendment or consider the 19th Amendment in isolation of other provisions of the constitution. Primary among them is Article 4 (b) which says,
“4. The Sovereignty of the People shall be exercised and enjoyed in the following manner:… (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.”
However much Wickremesinghe fans would like to believe otherwise, the reality or the constitutional position is that ‘sovereignty of the people in the executive sphere is held by the President.’ Therefore, the position of the PM is subordinate to the President, however much he is educated, westernized or competent in dealing with the ‘international community.’ I say this because, behind the conflict between the President and the PM, there are class and cultural aspects involved.
Another mistake some of the Wickremesinghe biased constitutional interpreters are doing is trying to read too much into the 19th Amendment’s changes. For example, when the present Chapter VII is compared with the original constitution (1978), the changes may appear enormous. But still the powers of the President are considerable, unfortunately. For example Article 30 (1) still says,
“There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces.”
It is true that some of the functions of the President are formulated not as ‘powers’ but as ‘duties.’ Thus the moral initiative is strengthened. Among other matters, those include “to ensure that the Constitution is respected and upheld,” “to summon, prorogue and dissolve Parliament,” “to declare war and peace,” “to do all such acts and things, not inconsistent with the provisions of the Constitution.” These are only some highlights.
More importantly, “The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution.”
Therefore, the President is also duty bound to follow the majority decision of the Parliament when it commences on 16 November. For this to happen, the Speaker should remain independent despite his past party affiliation. That would be the crucial test of President’s controversial decision to remove Wickremesinghe and appoint Rajapaksa. More than the removal, the appointment of Rajapaksa is the controversial action which has to be justified through a majority in Parliament.
Political Justification
There are two main reasons given for the change or reshuffle of the government. First, the formal withdrawal of the UPFA/SLFP from the ‘national government’ after which the Cabinet may stand dissolved, under Article 46 (4 &5) and Article 48 (1), although the drafting of the conditions of the ‘national government’ is extremely sloppy, whether it was done purposely or not.
Second is what the President has revealed yesterday as report by The Sunday Times (28 October), as follows.
“President Maithripala Sirisena said last night that the main reason he decided to form a new government with Prime Minister Mahinda Rajapaksa was the plot to assassinate him. He claimed that the name of Field Marshal Sarath Fonseka had surfaced during investigations by the Criminal Investigation Department, but it was suppressed due to political interference.”
The above also may be the reason why the UPFA/SLFP withdrew from the ‘national government’ at this stage. The situation undoubtedly is a national security risk, if it is correct. Sarath Fonseka undoubtedly is a dubious character, with the backing of Ranil Wickremesinghe.
The best for the country is for Wickremesinghe to go before Parliament, when it is convened, and show that he is correct, but not by stubbornly holding on to power when he is constitutionally removed and replaced. But by proving the newly appointed Rajapaksa has no majority. Lust for power or naivety is not an alternative to patience or wisdom. Wickremesinghe should frankly ask the question himself, whether he has the support among the people in the country to challenge his removal.
Matilda Ellepola / October 28, 2018
Laksiri., i really doubt it was you who wrote this and sounds more like our friend DJ.
Ranil wanted to go for a vote immediately and its the undemocratic President who is to prolong the parliament and make things even hard for the county as MR need time to buy the horses and its going like 1000 Million for each MP now.,. Not a bad amount for a country like us.
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Laksiri Fernando / October 28, 2018
Ms Ellepola,
Don’t be upset when you hear something disagreeable to you, to question the authorship. Take a deep breath. Why does Ranil want to go for a vote immediately? Does he think President is his personal servant? I think this is the mentality he has. Allow necessary time for the country and the MPs to grasp the gravity of the situation. There are obviously changes to be done like appointing a new Cabinet etc. Did you see my penultimate sentence?
“Lust for power or naivety is not an alternative to patience or wisdom.” Ranil is the worst leader I have ever seen in countries I have lived other than Sri Lanka (Canada, Switzerland, Japan, Australia).
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Buramphisincho / October 28, 2018
You may have lived anywhere else, but the manner Sirisena betrayed all 6.2 Mios seem to be greek to you.
How come a person of your nature to fall DJ level as if you were caught by Alzheimer at once Dr Fernando ?
We the ones who BROUGHT My3 to power worked diehard to restore democracy back in our home country.
But the bugger My3 to have made U turn and start honey mooning with the same bunch thieves but betraying all the high crime investigations just started by the govt ?
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nimal fernando / October 28, 2018
Dr Laksiri Fernando,
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Can you please be honest and let the forum know if you were a party to awarding honorary doctorates to the Rajapakse brothers ……… as some people have said here.
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“Ranil is the worst leader I have ever seen in countries I have lived other than Sri Lanka”
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So you mean to say Ranil is worse than Sirisena and Mahinda? ………Please as an “academic” can you eloberate and give us your reasons? I am really curious how you came to that conclution.
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Dr. Gnana Sankaralingam / October 28, 2018
Laksiri is hoping to be appointed as High Commissioner to Australia by MS/MR. Naturally he is singing for his supper, and has stooped to this low level for his personal agenda. What a shame.
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mike / October 28, 2018
Dr. G.G. – He appears to have taken tuition from the bogus Dr. Dayan Silva. Laksiri may even be appointed his deputy!
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Native Vedda / October 29, 2018
mike
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Note, there are sporadic incidents being reported by media.
Mahinda’s b***s carriers have warned the government functionaries that they extend their full cooperation to the government (turn a blind eye, don’t interfere when robbery takes place, ……………….
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Has Dr Mervyn Silva issued statement yet?
Namal is planning to visit all the prisons in order to study the fate of Tamil prisoners.
Well another sales pitch.
It appears there is great demand for Minority Parties until the end of successful horse trading.
In the last session of no confidence motion held in April 2018, Ranil won it comfortably with 122 votes against the motion, 26 abstained, 76 supported the motion.
The Rajapaksa gang lost miserably.
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The only democratic way to sort out this crisis is to have a vote in the parliament and kick Ranil out of his office. The the reign can be passed on to the crooks in an orderly manner.
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I don’t understand as to why Laksiri Fernando is rushing to pass the state powers to a well known family of crooks and war criminals. Maybe he knows something that we don’t. Perhaps he is loyal to the clan simply because they kicked the Demelas and taught a lesson they won’t forget.
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I have no problem with his judgement, however I am not sure about his intentions.
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ABM / October 29, 2018
You mean Dayan Jayathilake?
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Native Vedda / October 29, 2018
nimal fernando
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Please click the link below:
OCTOBER 11, 2015 AUTHOR: COLOMBO TELEGRAPH169 COMMENTS
I Propose To Revoke Doctorates From GR & MR
https://www.colombotelegraph.com/index.php/i-propose-to-revoke-doctorates-from-gr-mr/
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Please copy, past & save it on your computer.
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nimal fernando / October 29, 2018
Geeze Native …….. I’m really sad to see that ……… not as a Lankan but as another human …… that people end up having to do this.
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I don’t want to insult Dr Laksiri; he is an elder I should and will respect ……. but it’s just sad.
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Agnos / October 29, 2018
Nimal,
Yes, you will see my final comment in the link that NV ( Thanks, NV!) has dug up , where I told him that if he was truthful about his claim that he had hesitated in proposing doctorates to MR and GR, he wouldn’t have openly supported MR in the election held a year later.
LF never replied to that comment.
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justice / October 29, 2018
NV,
Laksiri has condemned the political reign of Mahinda R, in the letter (link).
But now he appears to prefer Mahinda R as PM, in place of
Ranil W.
Laksiri F,
Why?
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Native Vedda / October 29, 2018
justice
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Laksiri Fernando has always been a secret admirer of the clan. He has a way with his typing.
Essentially he is a closet Sinhala/Buddhist nationalist who does not like war crime investigation, Federal structure, ………… and looks at matters/issues/problems, only from a majoritarian point of view, … Above all he does not approve of pseudonyms only when you question his intellectual honesty.
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Poor Ton / October 29, 2018
Lansi Vedda, You are essentially saying he is a good man that needs to be supported?
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Dr. Gnana Sankaralingam / October 28, 2018
Dear Prof. Laksiri, just because you have a personal grudge against Ranil for not giving you the post of High Commissioner of Australia which you requested, and appointing Skandakumar a friend of his, you should not come out with such rubbish. Honestly do you think that you can hold a candle against Skandakumar who is well known for his honesty and ability, unlike an unprincipled person like you who wanted to give doctorates to MR & GR who have been accused of several crimes. There are lots of weakness in Ranil but for MS to undermine him in this manner will not be accepted by anyone cherishing democracy. Correct position is to summon parliament and find out whether RW still has a majority support and if not to replace him. Quite correctly speaker and now leader of opposition has asked that parliament to be convened immediately. Parliament may be on recess, but if important matter has arisen affecting national interest, it has to be summoned. Do you say that if Sri Lanka is invaded by a foreign country, still MS will say that it has to wait till October 16th to summon parliament. MS is hoping that during that time some of the MPs could be bought over to defeat RW. It is a pity that despite education in politics, your brain is clouded due to personal agenda.
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gamini / October 29, 2018
This man Laksiri Fernando, once sang hosannas and praise to MR soon after he became President by cheating with VP’s and the LTTE’s help. He came to Sri Lanka from Australia and enjoyed the perks and position offered at state expense by MR. When his two cents worth was ignored by MR, he went back to Australia and started to criticize MR. He now displays his true colours, the idiot he is. You can find dime a dozen of this type of Literary Doctors in the gutters of this country. Go get a life man, without wasting your advice that no one wants to hear.
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Thappu / October 29, 2018
Ranil is the worst leader I have ever seen in countries I have lived other than Sri Lanka (Canada, Switzerland, Japan, Australia).
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Hurrah Laksiri Fernando! You have just spilled the beans, – Ranil is NOT the worst leader you have seen in Sri Lanka.
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Don’t feel shy. Take the next step. Who is that worst leader you have seen in Sri Lanka?
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AVB / October 29, 2018
What is happening to SL people when they got older? Now Laksiri has entered to the group of elderly like GL, Vasudewa, Gunawardane … How sad!!!
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SJ / October 29, 2018
LF, you said:
“Lust for power or naivety is not an alternative to patience or wisdom.” Ranil is the worst leader I have ever seen in countries I have lived other than Sri Lanka (Canada, Switzerland, Japan, Australia).
Can “countries I have lived other than Sri Lanka” include Sri Lanka? I which case where did you find Ranil?
*
It seems that both your reasoning and semantics have gone a little haywire.
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ABM / October 29, 2018
Mr. Fernando,
You are like a pendulum. You were my professor at Pera but never enlightened the students to formulate logical political opinions because you always contradicted yourself. I have been reading your past columns here with some relief but alas, all of a sudden, you seem like wanting a new gig with the new illegal MR regime. What a shame!
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Amarasiri / October 29, 2018
Laksiri Fernando,
Didn’t you and your cronies at Colombo University vote to confer a Doctorate to Mahinda Rajapaksa?
Are you planning to confer a doctorate to Sirisena?
The Titles Sirisena has earned so far are Traitor, Sevelaya (sleaze), Mala-Perethaya (living off the dead and those who voted for him), Patholaya,(bending in different ways), and recently Pachaya (Liar).
Why not write the Common Sense Pamphlet, and be somewhat useful to the general population whose IQ is 79.
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Samson Gunawardhana / October 28, 2018
:
Speaker KJ has expressed if such prorogation of parliament should have been called, speaker should have been contacted for the consulation.
So, Sirisena as Presdient unanimously decided to put the parliamentary sessions off why is that ?
:If all cards are in favour of them, why the next sessions of Parliament is on the 16th Nov, why not 29th October 2018 ?
:During the 3 weeks times they want to be busy purchasing MPs from where they think is available for MONKEY games
This morning one tamil MP is said to be purchased by BASIL Mr 10%
: And they need 18 to be bought to show that their side is complete with 113
: Now at once M3 to see UNP is all wrong, but RAJAPKAHSE are all right:: HOW CAN THIS BE POSSIBLE if there are no other hidden thoughts caused in the appointment made with Mahinda Raapakashe.
That is nothing else, the bugger My3 intends to stay in power also from 2020- 2025.
The crucial issue on finding a candidate is now resolved as My3 wanted to be the canddiate – and by 2025 – Namal baby the crown prince will be over 35 .. and MR will also be happy with that … since the avenue his son to be the next president is guranteed that way.
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Simon De Silva / October 28, 2018
Laksiri Fernando,
I respect you as an elderly person.
But I dont respect you as one who has been telling that appointment is not unconsitutional
And we remember very well, you were one of the men from Colombo Uni to offer Rajakshes buggers honorary Doctorates just without having rechecked that they are even basic degree holders.
Honorary degrees can only be offered to ones with basic degrees.
There alone you as an educated person but behave like Mervin Silva ::: if I may say so.
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Amarasiri / October 30, 2018
Dr. Laksiri Fernando,
“I respect you as an elderly person”
Should I respect you as an elderly and low IQ person?
I do respect elderly and low IQ sheep.
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Nimal / October 29, 2018
I cannot see any difference between Laksiri Fernando and Dayan Jayathilake. Two sides of the same coin. Both have ambitions to foreign ministry or for a High Commissioner post. Ranil completely ignored these types of parasites/leeches. They both have personal grudge with Ranil and this article proves it.
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Dr. Dayan Jayatilleka / October 28, 2018
So much for the “Constitutional Coup” nonsense. Here’s a senior political scientist’s view.
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Native Vedda / October 28, 2018
Dr. Dayan Jayatilleka
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Please go away.
Have you started negotiations on the Russian floating corroded metal?
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If your name is not in those FCID, CID, ……………. files why are you so desperate to give the crooks and cronies the opportunity to take those files containing evidence and witness statements for walkies?
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On the other hand your mango friend is going to storm Temmple Trees. Stop him by any means necessary.
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You ought to note the CT readers not dumb asses like you. They remember what you typed when Ranil was appointed Prime Minister in 2015. Do you?
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“Here’s a senior political scientist’s view.”
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Yes he is another Sinhala/Buddhist in liberal clothing. He was the one who proposed or seconded honorary doctorates to two crooks and war criminals having established records of undemocratic credentials.
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The CT readership has the ability to see through all kind of deceptions and hidden loyalty, obvious and not so obvious.
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Thanks
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Native Vedda / October 28, 2018
Dr. Dayan Jayatilleka
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Could you ask the Hopper Sirisena and your shameless crook to let the Parliament debate the issue and vote on it.
As a long term supporter of heinous regimes and persons, you wouldn’t understand the importance of democracy, debate, voting, ……………………..
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Tamil from the north / October 28, 2018
NV why do you call this coolie Dayan with a title? He should be referred to as Dayan the low class racist.
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Native Vedda / October 29, 2018
Tamil from the north
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This is the complete name I found above.
I tend to copy paste the entire name.
For me Dr, PhD, LLD, DSc, …………………..mean nothing.
It is the wisdom that counts/matters.
Look at the pathetic behaviour of G L Peris, what good is to have a PhD when he is the Child Minder of Namal Baby.
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Kabaragoya / October 29, 2018
Don’t blame the PhDs. He got it through plagiarisation.
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Samuel Jayaweera / October 28, 2018
You have proved that you are black sheep from the way you behave. DJ, you would not disagree with wimal weerawanse whatever low level act he would do…. right.. so a person of similar nature, we dont want to hear any opinions actually.
That is known to everyone. Entire world is clear that it was a constitutional coup.
Even yet today, no except China has sent their congrats to lanken newly elected PM.
As one who got on with world leaders, you may know why right ?
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Namal baba's / October 28, 2018
Who proposed doctorate to be awarded to uneducated rajapaksa buggers
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mike / October 28, 2018
Dayan Silva – … and A..H.. you were butting heads with Laksiri one time! Enjoy your biological needs in Russia!
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SJ / October 29, 2018
Does being a political scientist make one’s the last word?
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kali / October 29, 2018
Jayatilleka
What goes round comes round. You are a clever man and take it from me. It is no longer an internal affair. MR was warned by India not to get closer to China but MR is Gambler and it is now INDIA -vs- MR. You wait and see.. India has been awarded the 300 million project under pressure and MR will attempt to revive the Port Project. Chinese Submarines will be allowed to dock in Colombo Harbour. We are looking at IPKF arriving fairly soon. I cant wait.
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ABM / October 29, 2018
Nice backscratching or a**scratching!
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Raj Gonsalkorale / October 28, 2018
Laksiri has clarified the constitutional position very well. Readers should consider the current impasse from the position he has outlined and not judge it from a personality perspective. One thing Laksiri has not touched on, unless I have missed it, is the fact that the UPFA withdrawal from the National government formed with the UNF (the UNP combine with other minor parties), ceased to exist and with that the cabinet of ministers under the national government. When the cabinet of ministers ceases to exist, constitutionally, the PM ceases to hold that position.
Clause 46-2) The Prime Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he– (a) resigns his office by a writing under his hand addressed to the President
(4) Notwithstanding anything contained in paragraph (1) of this Article, where the recognized political party or the independent group which obtains highest number of seats in Parliament forms a National Government, the number of Ministers in the Cabinet of Ministers, the number of Ministers who are not Cabinet of Ministers and the number of Deputy Ministers shall be determined by Parliament.
(5) For the purpose of paragraph (4), National Government means, a Government formed by the recognized political party or the independent group which obtains the highest number of seats in Parliament together with the other recognized political parties or the independent groups.
As Laksiri correctly says, Ranil Wickremasinghe should move of a vote no confidence in the new PM and the new government if he feels he, and not MR, has the confidence of the Parliament. If he wins it, the President will have no option but to re appoint him as the PM.
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Dr. Gnana Sankaralingam / October 28, 2018
Please do not come out with rubbish. When a coalition partner withdraws, it does not mean that the government comes to an end, if the remaining section has a majority status. In 1968 when Federal party withdrew from UNP led coalition, government was not dissolved. In 1975 when LSSP/CP withdrew from SLFP coalition, government was not dissolved. Then why is it now. Correct position is to summon parliament and ask RW to show majority. MS has annulled the speaker’s decision and opposition leaders call to summon parliament in order to bide time to buy over MPs. There is a rumour that two Indian Tamil MPS have been bought over with money. Do not hold a candle for Laksiri as he is now proved to be dishonest in his academical discourse. Appointment of MR as PM is illegal without parliament by a vote expressing that RW has lost his majority. MS/MR brought a no confidence motion against RW in April and failed, and the onus lies on them now to reverse it.
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Inside Informant / October 29, 2018
The National government was signed for 2 years, which ended on 19th August 2017.http://www.dailymirror.lk/84145/slfp-cc-approves-national-govt
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SJ / October 29, 2018
II
In which case, why did the President not dismiss the government on 20th August 2017?
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Champa / October 28, 2018
I would say this without bias.
Mahinda’s appointment is legal.
However, there is no confirmation as to who holds the majority in the Parliament which is a requirement in the Constitution.
As a result, there are two Prime Ministers in the country right now.
Mahinda is not receiving any congratulatory messages from his international counterparts because of this uncertainty which will prevail until November 16.
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Buramphisincho / October 28, 2018
Champa, it is half legal…
not fully legal.
Speaker has revealed that he was not consulted before the decision was made .
This ballige putha Sirisena, respect democracy why could not he go in real legal means to do the job well.
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ds senanayeke / October 28, 2018
When Sirisena was doing your Hamu’s bidding he was Honourable President, now he is “ballige putha Sirisena”. Grow up man, better a man running this country, than a eunuch.
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Strategist / October 29, 2018
No need for hard words
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Native Vedda / October 28, 2018
Champa …………..profession
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“Mahinda is not receiving any congratulatory messages from his international counterparts because of this uncertainty which will prevail until November 16..”
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Chinese Ambassador met him personally and congratulated him.
In the meantime, all those files relating to FCID, CID…. investigations would have been removed by war criminal crook’s cronies.
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Did you have a word with your pimp regarding storming Temple Trees?
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inidika / October 28, 2018
The point is why minority Tamils and Muslims supporting RW if he is much culprit as you Dr mentioned in this article? And in present who have capabilities to take this country as whole without biased to one race or religion? Definitely this will effect to the progress of the country as whole.
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indika / October 28, 2018
අවසානයේ අපගේ නිර්මල හදවත ජය ගනියි
මෙය රනිල් වෙනයි – ප්රජාත්නත්රවාදය වෙනයි – මේ වෙලාවේ වී තිබෙන විපත වෙනයි – රනිල්ව පස්සේ විවෙචනය කරමු- මේ වෙලාවේ ඔහුව රකිමු “යන බොළඳ අඛ්යානය පිලිබඳ ප්රශ්නයක් නොවෙයි. මෙය රනිල්, මෛත්රී, මහින්ද, ජී එල්, රාජිත, කෙහෙළිය, බන්දුල, වීරවංශ, ගම්මන්පිල – මේ සියලු දෙනා පිලිබඳ ප්රජාතන්ත්රවාදයේ පැටලුනු සංකීර්ණ ප්රශ්නයකි. දේශපාලකයා ගැන නොව ප්රජාත්නත්රවාදය වෙනුවෙන් අපි වෙහෙසෙමු යන බොළඳ “සිත නිවන කතාව” අප කියාගෙන වැඩක් නැත. අපේ ජීවිත පරිත්යාගයෙන් ගොඩ යතොත් යන්නේ රනිල්, මලික්, සාගල, මංගල, රාජිත, චතුර, හිරුනිකා ආදී එකී නොකී ජන පීඩකයන්මය.
නමුත් අපි මේ පටලැවිල්ල තුළ මොවුන්ගේ නිසසාර බව ප්රත්යක්ෂ ලෙසම දැකිය යුත්තෙමු.
රාජපක්ෂ යුගයක අප කිසිවකුගේ ජීවිත සුරක්ෂිත නැත. රාජ්ය සේවකයන් සිය ගණනකගේ සැබෑ මරණය එහි ලියවී ඇත. ඔවුන් සියල්ලන්ම රාජ්ය සේවයේ තජුදීන්ලා වනු ඇත. රාජපක්ෂ යුගයක් නිර්මාණය වීම පරාජය කිරීම තුළ ඇත්තේ හෙට දිනයක මොවුන් සියලු දෙනාම 2020 දී පිටු දැක යම් තුන්වන බලවේගයක සිහිනය සැබෑ කර ගැනීමට ඇති අවකාශයයි. මීටත් වඩා දුර්දාන්ත පාලනයන් පරදවා, මිනී අළු ගසා දමා ඉතියෝපියාව වැනි රටවල් පවා ලෝකය තුල දිරියට යමින් පවතී.
මේ අවස්ථාවේ රනිල් සහ ප්රජාත්නත්රවාදය යනු දෙකක් නොව එකක් යන යතාර්තයට මුහුණදීම අපේ හද කකියවන දුර්භාග්යයයි. නමුත් අපි යතාර්ථය මේ යයි දැන දැනම කෲරත්වය සහ දේශපාලන තක්කඩිකමට එරෙහිව අපේ දරුවන් වෙනුවෙන් නැගී සිටිය යුතු වෙමු.
බ්රෙෂ්ට් කියූ ලෙස “ඔබ අරගල කළ යුත්තේ පාලකයා වෙනස් කිරීමට නොව ජනතාව වෙනස් කිරීමටය. අමන ජනතාව කිසිදා පාදඩ පාලකයන්ට එරෙහි වන්නේ නැත” ජනතාව වෙනස් කිරීමේ මොහොත අප විසින් උදා කරගත යුතුවෙමු. අවසානයේ අපගේ නිර්මල හර්දය ජය ගනු ඇත. එය රනිල්ට අයිති නැත. එම ජයග්රහණය අපගේ අහිංසක දරුවන්ට අයිතිවනු ඇත.
මේ දූෂිත, ව්යවස්ථා විරෝධී, ප්රජාතන්ත්ර විරෝධී, සිරිසේන-රාජපක්ෂ තක්කඩි කමට විරුද්ධ වීමට යථාර්ථයේ අසුන මත හිඳ ගෙන ඔබේ නිර්මල හදවතට කියන්න.
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mike / October 29, 2018
Indicka – Comment language is English !
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Champa / October 29, 2018
mike
So what?. Everybody has a right to expression and I am glad CT publish views of all sides.
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mike / October 29, 2018
Chimp – Read CT’s comment policy before you comment. Is your pea brain embedded elsewhere?
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SJ / October 29, 2018
mike:
You should protest to CT not the writer.
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Native Vedda / October 29, 2018
mike
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Champa is a headless chicken, she is all over the place and works for her pimp Wimal Sangili Karuppan Windbag Weerawansa.
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Champa is the youngest sister of scatterbrain ramona grandmatherese fernando.
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Therefore you must bear with her.
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mike / October 29, 2018
NV – Thanks. For a moment I thought I was reading Chimpa’s obituary notice!
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Amarasiri / October 29, 2018
mike,
“Indicka – Comment language is English !”
Can’t CT use Google translator to translate to English. After all , CT formats the texts. A language is a medium of communication.
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Dilshan / October 28, 2018
Political scientist interpreting constitutional law. Donkey doing monkeys job. Laksiri restrict yourself to political science such as awarding honorary doctorate to Malinda in the University of Colombo.
What a load of bulls hit you have written about the constitutional law. In the 19th amendment specifically removal provision repealed not by some leftist and Ranil Slymly as you tried to make it.
If President felt Malinda has the Majority he should called parliament immediately not wait for 3 weeks.
You want to confer double doctorate to Mahinda or to Got, you slimy character
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Rajan Hoole / October 28, 2018
Laksiri,
One tends to be left unmoved by debates about Sri Lanka’s Constitution. Ignoring the Constitution has been second nature to parties in power. The 1948 Citizenship Act was the first Constitutional Coup. Since then the Constitution has been everyone’s plaything.
According to Section 29 (2) (b) of the Independence Constitution, “No such law shall make persons of any community or religion liable to disabilities or restrictions to which persons of other communities or religions are not made liable…
The Citizenship Act was unconstitutional and its passage required a two-thirds majority for a prior constitutional change, which the Government did not have. The Speaker disallowed the appointment of a Select Committee requested by several members, to examine the Bill. The law stayed in our statute book, thanks to Ivor Jennings, Soulbury and the Privy Council. It was a deliberate re-engineering of our electoral politics. Since then we have suffered the British gift of constitutional anarchy.
What is happening now is another phase, which we must live through.
However, the best we could do now is to insist that the Constitution be followed. Individuals are less important. Both concerned have abused power and the protection of our rights has come to depend increasingly on international institutions, which too is not an ideal state of affairs.
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Native Vedda / October 29, 2018
Rajan Hoole
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It is not about Laksiri’s judgment nor interpretation of the constitution, but his intention, obvious and not so obvious based on the pattern of his past behaviour.
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n.ethirveerasingam / October 28, 2018
Rajan,
You left out two other “going around the constitution” Srimavo setting up a “Constitutional Council” outside Parliament with her “elite” Leftists and creating the 1972 constitution. And setting up a new Supreme Court to save her husbands defiance of the Soulbury Constitution. The Old Parliament and the old Supreme Court are still there.
Then there is JR’s extending the life of his Parliament with 2/3rd majority. Others will follow.
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K.Pillai / October 28, 2018
Following a sudden enlightening strike Laksiri Fernando contends that ~ “Ranil Holding On To Power Is Unconstitutional & Undemocratic”.
He starts with a quote attributed to UNP MP and a State Minister, Vasantha Senanayake who by the way seems to have crossed over. Laksiri should have asked Vasantha as to why a No-Confidence-Motion (NCM) was not initiated.
.
Laksiri then list three reasons why Ranil should give up.
If MS found Ranil that ‘bad’, he could have tried once more the No-Confidence-Motion (NCM). MS (& MR) probably did not sense victory.
MS could have waited for the peoples’ verdict at the next election. Probably MS (& MR) were unnerved by revelations like for example the leaks by PCoI on SriLankan Airlines.
MS could have dissolved parliament. (This is as ‘Constitutional’ as the sacking.). MS (& MR) probably felt that fresh election might not deliver the desired result.
.
These are musings from a common-sense led layperson – neither politician nor scientist.
PS: Why this change in your line of thinking Laksiri?
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Ayathuray Rajasingam / October 28, 2018
Dr.Laksiri Fernando has presented a clear analysis of the President’s powers as per the constitution. But when accusing Ranil Wickremasinghe, it is a fact every politician in the ruling party has committed frauds. When compared to Mahinda Rajapakse’s fraud, Ranil’s fraud is nothing. Today the cause for the downfall or ruining of Sri Lanka’s economy is due to Mahinda Rajapakse’s fraud.He even violated the Constitution several times through thuggery. Even the Borber’s Report says MR is the top richest politician running to several trillions. Likewise among the crimes committed so far Mahinda Rajapakse’s regime stands first. Mention should be made that even Maithiripala Sirisena is not an exception. He was not fair as far as maintenance of justice is concerned. The treatment or punishment given to DIG’.s son instead of punishing his son is a case in point. The manner in which his brother was given priority in Polonnaruwa speaks of his fraud. There are so many instances. Today Maithiripala Sirisena is the 3rd richest politician while Ranil Pickremasinghe is the 9th richest politician, with Mahina Rajapakse remains in the first in Sri Lanka as Forbes Report. Let us leave all these aside and concentrate on the immediate cause of appointing MR as the PM and sacking the Ranil Wickremasinghe from the Prime Ministerial post when he has a majority and proroguing the Parliament. The immediate cause was if Ranil remains as PM, there will be gradual steps to prevent the Chinese gaining dominance in Sri Lanka matters and the plot to assassinate the President. At the same time why can’t Maithiripala Sirisena mention about the attempts on his life during MR’s regime? Moreover, Maithiripala Sirisena cannot speak of good governance because he too allowed the Cabinet to exceed the number of Ministers above fifteen.
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Rajash / October 28, 2018
Dr. Laksiri Fernando what do you mean “…Ranil Holding On To Power…..”
he is not holding on to power he is the democratically elected PM, he can be removed form the Premiership only by democratic means.
but isnt is a shame that one time President of the country to accept the Premiership and serve under another President …..surely there is a long term motive….cant you see through it?
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Samson Gunawardhana / October 28, 2018
Dont take it serious. Laksiri Fernando though claimed to have lived in many countries, but not the least of democractic values he obviously have learnt yet.
This very man was part of the board who went to awarding titles to the Rajapakshes immediately after the war is declared to be over. But there, the scholar had not the least knowledge the gravity of their exaggerations.
We dont mind removing RW but in a legal manner. We dont want HIM TO be removed to the very same manner Rajaakshes removed former CJ SB just becasue they thought it wsa right.
Even today, the manner they TREAT RW and UNPrs are not human.
Specially UNEDUCATED man Sirisena should know … thanks to RW only he survived his life last time. He himself had reiterated the facts not once several dozens of times.
No doubt, this man will strangulate himself, in the days come… if that would be there, case, it si a luck to us srilankens who worked diehard to drive away Rajaksehs, but he betrayed us as no others. This is the greatest ever betrayal in the history.
All these beccause the man came up … from nothing..
We should have been aware of that earlier.
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Samson Gunawardhana / October 28, 2018
Dont take it serious. Laksiri Fernando though claimed to have lived in many countries, but not the least of democractic values he obviously have learnt yet.
This very man was part of the board who went to awarding titles to the Rajapakshes immediately after the war is declared to be over. But there, the scholar had not the least knowledge the gravity of their exaggerations.
We dont mind removing RW but in a legal manner. We dont want HIM TO be removed to the very same manner Rajaakshes removed former CJ SB just becasue they thought it wsa right.
Even today, the manner they TREAT RW and UNPrs are not human.
Specially UNEDUCATED man Sirisena should know … thanks to RW only he survived his life last time. He himself had reiterated the facts not once several dozens of times.
No doubt, this man will strangulate himself, in the days come… if that would be there, case, it si a luck to us srilankens who worked diehard to drive away Rajaksehs, but he betrayed us as no others. This is the greatest ever betrayal in the history.
All these beccause the man came up … from nothing..
We should have been aware of that earlier.
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sinhalese buddhist / October 29, 2018
Is replacing one crook with another going to solve the country’s problems?
Is selling SL’s assets to India/China/US/Japan the answer?
How do you even begin to drain this swamp?
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shankar / October 29, 2018
Laksiri
shyamon says the following
[The Prime Minister can only be dismissed if:
1. Cabinet is dismissed (also the cabinet cannot be dismissed by the President FYI)
2. She/He resigns
3. She/He stops being a member of the parliament.
(Again, 46 (2))
The President can appoint a PM under Section 42 (4), only if the above has happened.” That hasn’t happened in this instance. Hence the President cannot appoint a Prime Minister at all.]
so how can you say ranil holding on to his job as per the constitution is Unconstitutional by him and undemocratic.It is sirisena whom you should be lasing with those terms,don’t you think?
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Mallaiyuran / October 29, 2018
This is lunatic. The guy is refusing to read the constitution. Why he keep say the article 4(b) is giving unlimited power for president to overrule an amendment in the constitution and fire PM. It is just simply saying President is the executive, (implying that he is not ceremonial like 1972 case). Can a Chief accountant can tie a peon to the tree and beat. Why this guy say EP can do anything to PM any time? What constitute an executive is defined e lease where. So executive is only that. In absolute power vacuum cases, based on the definition of that the president is the executive, the court may interpret that President has that missing power, because not to let the country missing a needed authority. But , latter parliament may reformulate that that as it wants.
He is quoting Vasantha Senanayaka. But 116 voted for him in NCM. Why doesn’t he think about the 116 who expressed confidence in Ranil?
Constitution is not telling when the cabinet can go vacant. That means it can be achieved by an election and reappointing them. So where GLP did is seeing vacant cabinet? Jayampathy said because UPFA withdraw from union government, cabinet returned to pre national unity government. That sounds more accordance with the constitution. That means Ranil is still the chief of that cabinet. So where the cabinet became vacant so prime minister needs to be reappointed? It is so imbecility to compare a pre-19 (A) Jan 10t, with current situation. 19(A) was intended to take care of that kind of circumstances and it is effective on that issue.
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Vincent Gunawardena / October 29, 2018
When Dr. Laksiri was serving at the University of Colombo he was one of the academics who strongly recommended conferring Honorary Doctorates to MR and GR. A shameless and spineless man!
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Nimal / October 29, 2018
No different between Lsksiri and Sarath Nandana Silva..
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gamini / October 29, 2018
Both are ‘Sereppu Supas’
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gamini / October 29, 2018
Both are ‘Sereppu Supas’. Ado Hoooo! where are you hiding Laksiri? Come out and see what the readership think of you, from the likes, dislikes and comments. You are another Sereppu Supa like that bugger Grand Liar Peris. Honestly you buggers are a Disgrace to the Intelligentsia of this country. Have you heard of the saying that one could earn a Degree, just like how you conferred on the Rajapaksas, but never can buy a Pedigree?
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Native Vedda / October 29, 2018
gamini
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If this not your real name, but your pseudonym, and if you are critical of his piece or comment you are unwelcome to comment.
Is this your real name?
Can you prove it?
Have you got a proof of your identity?
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If your comment is supportive of his piece you do not need a piece of identity and you are free to comment using pseudonym.
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Thinker / October 29, 2018
What a comedown, Dr(?) Laksiri. I used to read your columns as I felt they were unbiased opinions of an intellectual, but now it seems you are just a confused pseudo-intellectual of Dayan de Silva’s ilk.
Now it looks like you have fallen into the vat of gallery Doctorates abundant in Lanka.
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mike / October 29, 2018
Thinker – Dr Laksirispray is tipped to be bogus Dr Dayan Silva’s deputy!
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Ajay / October 29, 2018
People like Laksiri who became somebodies through education have a built-in obsession with social class. That is why they hate people like Ranil while genuflecting before uncouth crass boors like MR and GR. Sadly this has clouded Laksiri’s analysis of the constitutionality of Ranil’s ouster. When are you going to give an Honorary Doctorate to the Hopperman for accomplishing this coup?
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johanne bertinus / October 29, 2018
Subjective Rubbish…..sigh………….
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Errol Wirasinghe / October 29, 2018
Dr. Laksiri,
You present a balanced argument.
When the No conf. against RW failed; MS had to seek another avenue.
Knowing fully-well, that our politicians bend with the winds, MS is hoping he can persuade a group to cross over.
I agree it is a brilliant move; albeit of questionable legality.
Proroguing the parliament is another smart move; as MR needs time to bribe a few..
I agree that RW should hand over the reins.
Dr. Errol Wirasinghe, San Jose, CA
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Native Vedda / October 29, 2018
Errol Wirasinghe
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“Knowing fully-well, that our politicians bend with the winds, MS is hoping he can persuade a group to cross over.”
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Until such time Hopper Sirisena should have allowed Ranil to function as prime minister. If horse trading required more time than envisaged, …. the country will be ruled by a crook, cheat and a war criminal without parliament’s expressed wishes. The parliament should have met on the same night the war criminal was appointed as Prime Minister, debated the suitability of the crook, cheat and the war criminal for the higher office.
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” I agree it is a brilliant move; albeit of questionable legality.”
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It is the most stupid crooked move. Your’s does not seem like a common man’s comment but a con man’s gloating.
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Mahesan Niranjan / October 29, 2018
I also must say I was very surprises that this view is coming from Laksiri Fernando. Always a learning experience when your assumptions get shattered. And last time I checked my twitter feed, it seemed the State Minister whose quote the article starts with has hopped back (and so appears Vadivel of Badulla).
“Hop, hop… hoppers!” our new Sri Lankan cheer.
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kali / October 29, 2018
Dr.Fernando,
I thought you were an intelect but I am begining to have my doubts. RW was elected by the people. Which is uncostitutional. Removing an elected Leader and putting back a CRIMINAL to form a Government or RW holding on to power . In my view whatever the faiing of RW and there are many ( No1 Protecting a CRIMINAL MR) MS should have called a fresh elections and let the people decide. He has failed and all I can see ahead is trouble for Sinhala Lanka. With MR at the helm China will be allowed back in in direct challenge to INDIA. Let us see how India reacts. I thought we were cheated but not a bit. Indian influence will grow even bigger as India has total Jurisdiction over Sinhala Lanka and as I have always said. Sri Lankas SOVEREIGNTY is limited to Indias SECURITY.
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Dam / October 29, 2018
Ranil’s failure is a different issue. Dr. Laksiri or whoever he is President also unconstitutional and undemocratic. Very simple how the ROGUE way President act on this move:
1. He planned the resignations of his ministers
2. After JUST few minutes at the back he was organised a swearing in ceremony to appoint MR.
3. But he forgot to organise the National TV, Radio or any other media organisation to telecast live to the nation about the decision he made
4. Someone at the location did a mobile video clip that went viral became the HOT news to the whole nation and international (Suddenly started receiving various calls from various friends but haven’t even spoken to them for years though we are friends to pass the info) … that much secretive
5. Not even informed the existing PM … (that’s because he is spineless)
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Rizwan / October 29, 2018
Regardless of the constitutionality of the removal, the immediate clarification method sought out by the UNF from the beginning has been to convene Parliament, which is exactly what you have asked for.
The secretive dismissal of Ranil, appointment of MR, and late Friday timing of the same are all reasons to suspect illegitimacy.
The proroguing of Parliament is reason to suspect illegitimacy.
The withdrawal of Ranil’s security to nothing (10 policemen is only security in name) is reason to suspect illegitimacy.
Actions speak louder than words. Leave aside the constitution for a bit. Do you sanction the manner of which all this was done? Do even MR supporters sanction it?
I think no. There then is the answer to the question of legitimacy.
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Diogenes / October 29, 2018
How much were you paid by them to write this article ?. I thought you were an honest man.
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kali / October 29, 2018
Dr.Fernando,
Let us be honest. You have a soft spot for MR the THUG. You were part of a gang who bestowed a Doctorate on the man admiring his talent eventhough he did not deserve it. MS who was part of the Government when all the atrocities were commited by the Army and MR was supposed to have been investigated according to the UN but he is being protected by the State what a farse. RW gave his word on the morning after when he visited him at Temple Trees the House of Horrors as is paying for his sins. I live in hope and under MR the day INDIA finally decides to decisively is around the corner.
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Bahudeva / October 29, 2018
Laksiri has shit all over him. He smells even before he goes to the toilet
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Thiagarajah Venugopal / October 29, 2018
Thank you for the clarity Mr Fernando and further discusisions by all the commenters too very educational indeed.
Constitutional Anarchy can be countered for good only by using the current Constitutional assembly to deliver the following and but not a Hallucinated National question (we forget how the devolution/separation politics evolved to be in the Parliament in the first place requires a separate investigations as some have normalised the unthinkable too –A kettle calling the pot black situation is what we have in SL parliament for a long time ‘from all sides’. The Majority Patriotic Sri Lankans (non Partisan term) lost their voices/arms and limbs/children/dignity/nationhood/dreams forever to all these devious individuals/lawyers (we only needed one lawyer in the administration that is for Constitutional Purposes) but we had a bunch of lawyers made a living since inception as MP’s??????……managed all matters locally and geo politically to achieve the current diabolical state…..through fear politics….this requires a fearless leadership to manage at all level such the country can be given back to the people.
continued
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