10 December, 2018

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Ranil+TNA+New Constitution Or Mahinda+Maithri+New Elections? 

By Dayan Jayatilleka

Dr. Dayan Jayatilleka

The story appeared in the Lankadeepa, a credible mainstream newspaper, and one owned by a reputed family that is hardly pro-Mahinda and anti-Ranil—and if anything, has a direct affiliation with the UNP. It carried the byline of a reporter who is not an ethnic Sinhalese, which means the story cannot be written off as spin by a Sinhala ultranationalist. The story sources the news to two TNA MPs.

It says that at meeting at 4:30 pm at Temple Trees with 12 MPs of the TNA, ex-Prime Minister Ranil Wickremesinghe agreed that no activity will be conducted/undertaken in the Northern and Eastern provinces without the consent and concurrence of the TNA. It goes on to say that Mr. Wickremesinghe was in total agreement with the demands put forward by the TNA and agreed to usher in a new Constitution in exchange for the written support that the TNA had extended him.

The story is sensational but unsurprising, given the track record (e.g. the CFA, Geneva 2015 etc.) of the leading protagonist.

But now we know what is really at stake in the choices and decisions, including by the judiciary, in the issues of “pre-Oct 26thor post- Oct 26th?”, “new parliament or old?”, “snap elections or not?”.

It is also the crux of the matter when we, the citizens, have to choose between Ranil and Mahinda as PM, or more correctly, between Ranil and the TNA on the one hand and Mahinda and Maithri on the other.

Meanwhile, right now, a psychological bond scam is being pulled on our society, by the very same folk who pulled the Central Bank bond scam, and their cheering squad.

We are being asked to believe that we live in a Westminster system when we do not and have not, arguably since 1972 and unarguably since 1978.

We are being asked to make believe we live in a Westminster system at a time when we can see every day on our TV screens, the scenes from Westminster, of a government and a polity floundering when it isn’t tearing itself apart. In short, we are asked to follow the Westminster model when that model is showing itself to be at its most dysfunctional, and vastly inferior to that of a Republic and a Presidency, which is what we have.

We are told that Sri Lanka is in an unprecedented state of crisis and that this crisis can be resolved only by a reversion to the status quo ante; that which existed before October 26th. On the contrary, what we have now is exactly the kind of situation that the architect of the Constitution envisaged and planned to preempt or prevail over! That can happen only if the existing model, which is Presidential rather than Parliamentary, is allowed to function unimpeded. Addressing the SLAAS-F Section (Social Sciences) annual session in 1966, with Dr Lal Jayewardene in the chair, Minister JR Jayewardene called for a “strong and stable executive, free from the whims and fancies of the legislature”.

Thus, the designer and framer of our Constitution expected that the legislature would, on occasion, be carried away by its whims and fancies. He expected that this would be deleterious to the nation and its interests, especially that of stability. Therefore, he argued for a strong and stable executive, free from the whims and fancies of the legislature. It is only if we subject the executive to the whims and fancies of the legislature that the ship of state may capsize. On the other hand, if the executive is allowed to stand strong and stable, free from the whims and fancies of the legislature which is attempting to set itself up as a contending power center which can override the Presidency, stability is ensured and the system will function as the architect intended it.

The other psychological scam being pulled on us is the notion that the Parliament is the repository of democracy while the Executive Presidency is coterminous with tyranny. This is wholly dishonest in that the executive is directly elected—unmediated by even an electoral college, as in some countries where you can lose the popular vote but win the election– by a majority of the people (50%+1) taken as a whole. Thus, the Presidency is the chief repository of popular sovereignty and democratic choice.

Furthermore, this present Parliament has been distorted since one party with a mere 16 seats and another with a mere 6, were accorded the designation and status of the Opposition, its Leadership, and its Chief Whip respectively, on a mere technicality, thereby depriving a real mainstream national opposition several times their number, of any official role and status whatsoever. That dangerous lopsidedness is an anomaly that can be rectified only by a mid-term parliamentary election.

Finally, the mind games that are being played include patronizing and interventionist injunctions to us by external players who are hardly paragons of ethics, morality or success. One is a country that not only invades and destroys states on false pretexts but is also such a sick society that hardly a month passes without some mass shooting of citizens including children by some crazy person. Before legislators and officials of such a country prescribe what we should do, it should perhaps pass legislation which protects its own children.

Yet another is a country that is tearing itself apart over Brexit, with turmoil in government and Parliament, and with constituent regions threatening to exit if Brexit (which was passed at a Referendum) goes through. Since it does not have a written Constitution one doesn’t quite know who is in charge, for how long, and what happens next.

A third is a regional body which lectures us; a regional organization from which a prominent member is trying to get the hell out of, and is finding it a lacerating business to do so.

While we are being publicly criticized, lectured to, instructed and implicitly threatened by countries that are overstretched and in slow, parabolic, relative historical decline as befalls all Empires and their satellites; decadent hegemonic powers struggling against the birth of a multi-polar world, Sri Lanka is, by contrast, not being lectured to by the world’s and the region’s most successful rising power, whose support we enjoy.

The worst scam that is being pulled on us is the notion that we are somehow an unsuccessful state and country. This is nonsense. We have preserved our territorial unity and integrity despite a thirty-year secessionist war, and by prevailing decisively over the enemy. Many countries, including in Europe have not. We have seen off an external force on our soil. Many countries still have foreign forces and bases on their soil. We have defeated a powerful globalized terrorist army. Even the world’s only superpower has failed to do so. We have always preserved our democracy and fought off two Southern/Sinhala insurgencies to do so. Many countries have had long periods or at least episodes of dictatorship. We have preserved a basic system of social welfare. The world’s leading power still does not have free health care or free education. We have a Republic with a written Constitution, not an archaic monarchy. We have a Presidential system, which four of the five members of the UN Security Council have.

In sum, we have a successful state which has warded off many challenges which others have failed to overcome. We should be proud of ourselves and preserve our victories. Next year, 2019, around this time, we have elections—our most important one—whether anyone likes it or not. That is the Presidential election. What we must remember it is that 2009 is the 10thanniversary of our great patriotic victory over terrorism, or more accurately terrorist-separatism. We must preserve the political system that enabled us to win this great victory.  In the 10th anniversary year of this victory we must have a government and a PM that will celebrate it; a government and PM that are consistent with the ideas and spirit of that great achievement—not those who tried, twice, to sell us out in the spirit of appeasement associated with Munich and Chamberlain.

An election is coming in 2019. It is constitutionally unavoidable and its timing has been decreed by the Supreme Court. It is in exactly one year. i.e. it has to be held by this time next year. It is the Presidential election. The only question is whether or not it will be preceded by a cleaning out of a clogged system by means of Parliamentary and Provincial Council elections. If a Parliamentary election and Provincial Council election precede the Presidential, then much of the steam built up in the system would have escaped, leading either to continuity or a soft landing/soft transition at the presidential election. If, however, a mid-term Parliamentary election has not been held, then all the pent-up tension against the socially decadent UNP elite Establishment will be released at a Presidential election. The overwhelming global trend being what it is, the inevitable swing against neo-liberalism will then take a more sharply and aggressively nationalist-populist shape, than it otherwise would. It will be militaristic Far Right rather than Populist Center-Left; Brazil rather than Mexico.

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Latest comments

  • 6
    13

    Dear Dr. Dayan J.

    Thank you mor reminding us of the upcoming Presidential. Five years ends in 2020, but campaigning will start in earnest next year. Hopefully having the parliamentary election first will avoid the kind of problems we saw in 2015, and also will help select the Prime Minister.

    The choice you have mentioned is clear: no- one can deny that it is UNP-TNA one one side and the UPFA on the other side. Apparently the majority of support for the Pohottuwa by the people does not count in parliament. So the UNP has a majority only in parliament, which is 113 vs millions who have been disappointed by the coalition government from 2015.

    I had a chance look at the proposed new constitutional proposals. They are shocking. Readers please check for yourself : search for “New Constitution: Interim Report Of The Steering Committee – Full Texts In Three Languages” posted by the Colombo Telegraph.

    There is no need to preach to the converted or the unconverted foreingers, they know what they are. We need a different approach.

    • 9
      1

      Dayan is a criminal gang member that which is divided into many groups out of which UNP, SLFP ( or its prositute SLPP) are the mainstream political parties that destroyed the country which had everything ready for the progressive society during the time of independence. This is the GOVIGAMA MAFIA RULING ELITE’s evil game reserve. What Dayan indirectly hinting at us is this Evil Set-up and its Evil controllers who have hijacked the system from the date of independence (which is a fake event that transferred from the International Zionist Forces to the locally developed Sinhala Zionists). The New Age proponent Anagarika and his evil Racist ideology which is Aryan concept of a Super Race, sugar coated with adulterated Buddhist teaching to uphold FASCISM as the dominating culture in the propaganda tool to Mind control the Sinhala masses to implement the NWO project of the Zionist Jewish cabal. UNP and SLFP with its protitute SLPP by doing away with the constitution is this very same project. Thats why shamelessly the Buddhist heirarchy is fully backing a Internationally renowned criminal like the Mahinda Rajapakse to take over the system by hook or crook. This is not even a coup, but a mutually arranged game plan to scuttle the Rule of Law thing and a display of the power of the Govi Mafia to do anything they like. They are focussing all their plans to the newly invented enemy in the Muslims. This project has many dimensions involving foreign powers, the Israeli, NATO, Indian, Chinese collaboration… but a diverse one targeting one goal….

      • 1
        3

        R.I.
        All DJ ever does is to stand up for the struggling masses….most of which are Sinhala Buddhists. Your level of privilege might go down somewhat, so hardworking and disadvantaged people of the soil might get their monies due to them. But that does not mean that you should go on the racist rant as means to secure your selfish lifestyle.

        • 1
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          My Dear Ramona, See, we all know that Dayan is considered as a controversial figure who has mastered the art of lying. He is a professional. A professional who is an agent to a hidden project. He is not dumb either to not to identify what’s right and what’s wrong. Like any ordinary person, he has all the wisdom to know who is an enemy of the people of Sri Lanka. But, he seems deliberately backing the evils of the MEGA LEVELS…Why???Refering to your misconception of the so called “STRUGGLES OF THE MSSSES” ( according to your interpretation , the Struggle of the Sinhalas), there was none of that in any sort. It was An Engineered Problem that was created by the GOVI MAFIA who are the SECRET AGENTS of the Zionist/Freemasonic Agenda driven projects. Anagarika Dharmapala was working with the Zionists In the begnning of the last century, with figures like Olcott, Leadbeater, blavatsky, Annie Besant etc., by forming a new religion by the name “THE NEW AGE”. This group also had SWAMY VIVEKANANDA and other figures representing each major religions working on a common platform to change the status quo of the then era and for the future. It was a secret Social Engineering program which became the official program of the UN as well. The UN was established by this evil lot under the pretext of serving the humanity, what they are working on is the ONE WORLD GOVERNMENT (NWO) run by the ZIONIST JEWS being as the masters. So, DS, BANDA, JR are early Sinhala leadership who are FREEMASONS in secret and they used BUDDHISM as a tool to Mind controlled the masses( the Sinhalas). All of them, in the height of their career, what they did was, introducing Fascism and implimenting RACISM under the guise of DEMOCRACY. What we are seeing at the very present moment, is the continuation of this EVIL Agenda.

  • 16
    4

    dear CT editor
    dayan us not a fellow journalist he is an ambassador
    so dont print his articles without getting clearanc from the foreign office

  • 3
    8

    Dr. Dayan Jayatilake
    Since you mention the constitution, readers should know the following: (please check this yourselves – hosted on CT previously)
    1. The ” Members of the Steering Committee of the Constitutional Assembly” consist of 22% minority Tamil persons. Is this fair?
    2. The following statement appears on page 8
    “The following options have been discussed:

    The Constitution recognize the Northern and Eastern Provinces as a single
    Province.”
    Whereas the Supreme Court has decided that the earlier merger was not correct, and the provinces were de-merged, the Constitution proposes to reverse this, presumably for the betterment of the country.
    3.Page 11:
    “A Constitutional Court has been recommended in the Reports by the Sub-
    Committees on the Judiciary, Fundamental Rights and Centre-Periphery
    Relations.”
    This recommendation is the most grotesque. The current Supreme Court, which is now called upon to save the nation by all sides, and is respected by all sides, deliberating the the most important “constitutional issue” in our history, in future will not be able to do so.
    I repeat: Constitutional matters will no longer be under the Supreme Court, with its history of precedents and experienced judges. Who will compose the court? Not Supreme Court judges, since the SLFP writes a letter to the Comittee pleading that Supreme Court judges are appointed to the Constitutional Court.
    4. Page 13:
    “Constitutionality of Provincial Statutes to be determined only by the
    Constitutional Court”
    In the light of (3) I leave this with no comment.
    5. Page 19:
    “A Provincial Council, authority or person aggrieved by the aforesaid decision of the
    President or the takeover of such land, may appeal to the Constitutional Court
    against such decision or take over, seeking interim or final relief. Subject to the
    provisions hereof no other court or tribunal shall have the power or jurisdiction
    to inquire into, pronounce upon, or in any manner call in question, such decision
    or takeover.”

    • 4
      1

      Dear Dayan, if what you say about the agreement reached between RW and TNA is correct, then it is the best way forward for justice, reconciliation and peace. This is according to road map drawn by international community for Sri Lanka to share power and land effectively between ethnic groups. Just because racists like you want something else, Tamils should not be made to suffer. If you say north-east merger in the constitution is not legal as Supreme court has rejected it, then you are distorting the truth. Firstly north and east were merged as lands of historic habitation of Tamil speaking people by Indo-Lanka accord which is an international agreement. Therefore Sri Lanka supreme court has no jurisdiction over that matter. Just because India did not contest the decision in international court does not mean that SL supreme court has not committed a crime. Even in the judgement, the then Chief justice Sarath Silva presiding in that case has given the procedure how to remerge north and east subsequently. Therefore what RW has agreed with TNA to consider north and east as one entity is nothing wrong. Sinhalese and Muslims can only say that areas of east which they have been original settlers cannot be merged with north, but to say that areas which Tamils have been there for over 2000 years as evidenced by archaeological findings not to be merged with north is rank racism. Unfortunately racists like you are the bane for ethnic harmony in Sri Lanka.

  • 7
    1

    dayan,have you got anything to say about the torture and murder of wasim thajudeen?Birds of a feather flock together.Time to time have you had the urge to torture and kill?Come come be frank.

  • 9
    1

    One wonders why/where Dayan Jayatilleka started and why/where he is at the moment.
    .
    He started with a Tamil Liberation movement (EPRLF). The impression he projected was that he saw the injustice inflicted on Tamils must be alleviated. Now we know that he wanted adulation, the liberation cadre saw through it and poof…. poof……. He crawled to R Premadasa and been crawling ever since.
    .
    Right now we are in the midst of a putsch. Dayan dislikes RW. There are others like Dayan. But the man simply adores the team behind the putsch. Most Lankans feel that both teams are bad but on certain issues RW team is better.
    .
    Why is Dayan going out of the way to portray TNA as an important player? Is it because SLPP will do so?

  • 3
    1

    “The other psychological scam being pulled on us is the notion that the Parliament is the repository of democracy while the Executive Presidency is coterminous with tyranny. ……………………… Thus, the Presidency is the chief repository of popular sovereignty and democratic choice.”

    If someone you disliked were sitting in the chair of the president, and there happened to be a political crisis, you will come out with an entirely different story!

    • 1
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      Estate Labourer ` “..………you will come out with an entirely different story!”
      Yes, the story will end with the Fat-Lady song “Creepy crawlies crawl crawl crawl…..”

  • 4
    2

    Dear Dayan,

    I generally try not to criticize the author, as opposed to criticizing their views. However, it’s a waste of time responding to your bewildering and ‘intellectually dishonest’ arguments, which never made any sense to me, despite your deceptively convincing and charismatic presentation when you speak (a bit like G L Peiris, who doesn’t have any charisma though) .

    Thankfully, if not for the blatantly obvious lack of conviction, principles or integrity in your political views (apart from the academic charade and spin), you could have been a very dangerous and destructive force.

    Sorry to say this but you are a ‘ gun for hire’.

  • 3
    1

    Dear DJ I am just laughing my guts out at yr predicament.The best laid plan which was thought by you all as a “Machiavellian coup”has all but gone wrong hasnt it ? The unexpected happened. RW did not leave meekly but waited at Temple Trees to fight.Although parliament was prorogued to find a majority by offering money & positions only a handful could be coerced to crossover.You all never expected the international censure. You go to great pains to explain this is not a failed state ( me thinks the gentleman doth protest too much )but name one country that has recognised this rogue government.The UNP which could muster just a handful of supporters for a rally were suddenly rejuvenated & throngs of supporters were turning up in support as they were furious at what they considered MS ‘s great betrayal & they did not relish being cookolded.You saw you all were never getting 113 so parliament was dissolved unconstitutionally. & it was challenged in court. The supreme court made a stay order on the gazette proclamation & parliament HAD to convene on the 14th.The rogues knew they could not face a no confidence motion where ppl from their own side crossed over & many of their members did not even come to parliament .As they could not face the motion the rogues resorted to violence so that a clear electronic or name vote could not be held. Now the result is that for the first time in the world the so called governing party is not in a position to come to parliament.& they are losing motion after motion.The country is in shambles, isolated internationally , branded a banana republic with the president losing face & credibility daily , the country losing billions of rupees & falling into a financial abyss.So it is not good for the TNA to support UNP but it is alright when TNA MP’s opt to cross over & support MR ?

  • 3
    1

    You say, “We are being asked to believe that we live in a Westminster system when we do not and have not, arguably since 1972 and unarguably since 1978.”
    Nobody was asked to “believe,” as our Parliament is established on Westminster System where a leader of the party/alliance which secured the highest number of seats will become the PM. As there is no separate election for PM, this is the most democratic way to do so, which is based on people’s mandate.
    Please give examples to support of your view. When and where did our Parliament select an MP who was not the party leader, or even a party leader who cannot muster the majority, as the Prime Minister?
    When even the President cannot pass new laws without the consent of Parliament, how could a government exist without the majority in Parliament?
    Then you say, “In short, we are asked to follow the Westminster model…… and vastly inferior to that of a Republic and a Presidency, which is what we have.”
    This is absolutely wrong. We don’t have a Presidential model. If we had, then the system would have been like in USA; an Executive President plus a Congress. No PM.
    As clearly seen, JRJ has established a mixed system through his 1978 Constitution. That is the reason we have an Executive Presidency and a Parliament, which follows the Westminster System by having a PM as the Head of the Government.
    Do you know, even Americans now of the opinion that they should have a Parliament so as an era like Trump’s will never to be repeated.
    Why are you misleading people, Dayan? You very well know this issue is not about Ranil or UNP. It is about clean politics. What you are trying to promote is, dirty politics.

    • 0
      2

      Champa, Wrong! In the Westminister system after a Parliamentary election if one party has a clear majority, that party forms a government and once the government is established the leader of the ruling party becomes the PM (albeit the Queen or her representative also play a crucial role), and if one party did not get a clear majority of seats at the election, then in most cases the party with the highest no of seats with the help of one or other parties forms a minority government. And the PM is appointed from the party which has the highest seats in the minority government. And the PM in a Westminister system can be fired by the party which she belongs to or also by the Queen or her representative i.e. a governor general).
      According to our constitution, because we are a Republic, people have the ultimate sovereign which is represented by the elected Executive President, which is the head of the government. Because we are a republic anyone/ any group of people in our government to have executive power need to to have been elected by the people.
      Champa if I were you I would read up about systems of governments in the world BEFORE challenging the best Political Science Scholar this country has produced. Dr. DJ may be flaky at times in promoting this that and the other but his scholarship is impeccable.

      • 1
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        Wannihami
        I am not a blind faith like you, Machang. So I challenge anybody’s views if my views are different from him. I focus on contents of the article. Writer’s name doesn’t matter to me.
        .
        I stand by what I said. Our Parliament follows the Westminster SYSTEM.
        We are a Democracy, NOT a Republic as Dayan says.
        Republic is not a system. It is a form of a government. To elaborate further US is a Republic.
        .
        There are two types of Republics. One is a Constitutional Republic (USA). The other one is a Parliamentary Republic (President depends on the Parliament – South Africa.) We are none of them.
        .
        Dayan says “what we have is a Republic and a Presidency.”
        He further says “we don’t live in a Westminster system arguably since 1972 and unarguably since 1978.”
        Yes, we became a “Republic” in 1972. That means we introduced a “Constitution” and freed our country from being under the British Monarch.
        I hope you would remember that, though we gained “independence” from the British in 1948, we were still under their Monarch until 1972.
        Becoming a Republic in 1972 didn’t make us do away with the Westminster system. Like many other Commonwealth countries, we follow Westminster system in our Parliament.
        We had a Parliamentary Republic from 1972 to 1978, in which we had a Ceremonial President.
        Since 1978, we are having an Executive President and a separate Parliament.
        .
        Our Parliament is a Representative Democracy which follows the Westminster system when selecting the Prime Minister. That means the leader of the largest party or alliance becomes the PM.
        What we have is a mixed form of a government with an Executive President who is elected separately and a Prime Minister who is selected based on Westminster system where traditions, rules and symbolism take precedence.

  • 4
    0

    I think it is a mistake to say that any one of the three arms of ‘government’ – the Presidency, the Legislature or the Judiciary – is more important than the other. They are three separate arms which must complement each other and acting together in harmony provide for good governance. The current crisis is as a result of the President arrogating to himself powers which he is not entitled to and generally acting against the spirit of the constitution and practical good sense.

  • 0
    0

    Fred, somewhat but not entirely. In a republic since we the people are sovereign, any legislative, executive or judiciary power has to have originated in us, that is, all three powers can only be excised through humans (in the broadest sense hahaha) that we have elected through a vote. The executive (the President is clearly that), the Parliament yes, but PM and Cabinet are not, that is why those appointments are delegated through the executive, and similarly the supreme court, i.e. the SC judges are executive appointments (and thus the judiciary). When we have to fall back on terms such as “spirit of the constitution” or practical good sense” it is a clear indicator that we are on shaky grounds. That is we have hit an impasse because there is an ambiguity staring at our face. Then we need to think IMHO why? Is it not because the shoddy contradictions in the 19th is a result of avoiding a referendum in trying to devolve Executive powers? The SC opinions on the 19th are very interesting if you want to read, they are on the Hansard, somewhere the first week of April 2015.

  • 0
    2

    What for talking about these things DJ, when UNP doesn’t give a hoot towards potential division of our land an its merger with India. All foreign and IMF monies too deeply in the betting process……Ranil as chief bookie. Any movement from this and their “investments” will come crashing down on their heads.

  • 1
    0

    Maithri has bu****ed Mahind twice now
    The Maithri Mahinda honeymoon is a façade

    SL is only capable of being slaves to a few political families
    Their debates revolve around this lower register

  • 1
    3

    The TNA won’t be there if new elections are held. It would be Justice Wigneshwaran who will lead the Tamil people.

    Sambanthan trio will have no place in the North.

  • 0
    0

    Fred, also interestingly the drafters of the 19th were clearly better at craft than draft, and had pulled a fast one under/over the eye of the SC by inserting a separate item under the executive in order to repeal the 70 whatnot without a referendum. In the Hansard of April 27/28 2015 you can see how P. Gunawardhana MP was shouted down and the speaker move fwd the debate when the former brings up the 70 what not repeal, what a sham, and then on that Dr. DJ okay you are not a lawyer but a political scientist, is that what the science of politics demand? To be Machiavellian whatever the later cost.

  • 1
    0

    DJ,
    Are we so desperately short of choices?

  • 0
    0

    I also read the Lankadeepa , & in 2014 did u or did you not advocate that MR should develop rapport with prime minister Modi & then devolve police & land powers to the North & East because India’s good offices were vital to us to save us from losing a crucial UNHCR vote which might lead to sanctions ? So u are just a double tongued MR boot licker .You talk about a frightening new constitution authored by UNP & TNA. What u don’t say is that any new constitutuion has to get Supreme court approval , get 150 votes in parliament & also pass a referendum ! Can a constitution undermining the Sinhalese ppl pass all of these ?Recently MS said that RW was not interested in devolution & even tried to take back powers to the centre. So how do you explain all this ? Can u explain how Maveer Day was celebrated in grand style when the purported MR govt was in power? The only truth is that MR MS & COHORTS like you keep on lying .Your only hope of getting out of this mire which you all have dug for yrselves is for the court to rule that the dissolution was legal.But that is wishful thinking. GLP, MS,and MR have gone on record respectively in parliament in 2015, to the Hindu newspaper in 2016 & to a BBC interview in Feb 2018 that parliament cannot be dissolved till 4 & a 1/2 years of first meeting unless requested by a 2/3 rds majority. All this evidence is being presented to court & the constitution is quite unambiguous on this point.The world is watching & no supreme court justice would want to jeopardise their reputation ( whether one’s wife got a recent presidential promotion or not )by giving a blatantly unlawful perverse verdict.The chief justice is not Mohan Peiris so the court cannot rescue you all now..

  • 0
    0

    Wannihami, I take the points you make. Clearly, you are more au fait with the details of the Constitution than I am. My main point was to counter DJ’s consistent claim that the President is ‘supreme’ and is invested with more powers than the legislature and the judiciary. In terms of the powers enjoyed by a single office holder, he certainly is but he is as subject to the provisions of the constitution as the other two arms. OK, we have a constitution containing ambiguities and inconsistencies. But the intention of 19A was very clear and part of that was to water down the President’s authority to hire and fire the PM. Now what many, if not most, of us contend is that Sirisena has acted beyond the authority provided in the constitution post 19A. Sloppy work on the part of the legal draftsman has left some loose ends and ambiguities when revising the constitution to give effect to 19A and it is these that Sirisena is relying on to justify his actions. That is clearly wrong, unconscionable, inequitable and most importantly, contrary to what the legislation was intended to do.

  • 0
    0

    So u want an election ?That is very easy to do. No ,no not a general election as The supreme court will never rule that the dissolution was valid as it blatantly violates the 19th amendment to the constitution. But surely a pundit such as you must be aware that after roughly 1 month from this date, a presidential election can be called at anytime. So pls ask Maithripala Sirisena who has betrayed his mandate, to Call a PRESIDENTIAL ELECTION immediately after January 9th 2019 so that he can get a Mandate from the people to govern the country together with Mahinda Rajapaksa. ! So This is your best solution to the question UNP + TNA + New constitution or Maithri+ Mahinda + elections ? It is not rocket science & so strange that you choose to ignore this scenario.

    But at the same time I am sure you realise your sides’ chances are not good & hence the reason.

  • 0
    0

    Nitwit! what are you proposing? We follow the Dayan/Maithri/Mahinda Model, which is on display for all to see?

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