7 December, 2019

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Sirisena Orders To Prorogue Parliament: Removes Prime Minister’s Secretary

In a bid to allow former President Mahinda Rajapaksa to buy more time to seek majority support in Parliament, President Maithripala Sirisena has prorogued Parliament.

Sirisena

Accordingly, Parliament will be reconvened on November 16.

Meanwhile, President Sirisena has also ordered the removal of Prime Minister’s Secretary Saman Ekanayake.

The Prime Minister’s Secretary has been removed according to the powers vested with the President as the appointing authority.

The UNP, meanwhile, stressed that President Sirisena sought to prorogue Parliament as former President Mahinda Rajapaksa did not command a majority in the House.

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    Page 1
    PARADISE LOST? PRELIMINARY NOTES ON A CONSTITUTIONAL COUP
    ASANGA WELIKALA
    There were three dramatic announcements on the evening of Friday 26th October 2018 from the Presidential Secretariat, which occurred in the following order: (a) the announcement of the withdrawal of the UPFA from the government; (b) the swearing-in of Mahinda Rajapaksa before President Maithripala Sirisena as the Prime Minister; and (c) the announcement that the President has informed Ranil Wickremesinghe in writing that he has been removed from the office of Prime Minister under Article 42(4).
    Even if the legality of the procedure and the clarity and meaning of the relevant constitutional provisions can be debated, the fact that the event was planned in complete secrecy, with no consultation of Parliament or giving the serving Prime Minister and Cabinet the courtesy of even a short prior intimation before the course of action was made public, that it was suddenly carried out on a Friday evening, and that it has taken the country by total surprise, point to some extremely questionable motives.
    Indeed, the whole set of circumstances suggest not the way a change of government ought to occur in a democracy, but the sharp practices associated with a constitutional coup, which is likely to lead to a constitutional crisis. It is a constitutional coup because the serving Prime Minister has not legally ceased to function in office before a new Prime Minister has been appointed. And it will lead to an unprecedented constitutional crisis because there are now two competing Prime Ministers and their parties jostling for power, authority, and legitimacy at the very heart of the state. Until one of these persons – Mahinda Rajapaksa or Ranil Wickremesinghe – can demonstrate that he has the confidence of Parliament through the support of a majority of MPs, and force the President to accept the will of Parliament, the crisis will not be resolved. Only time will tell what long-term damage this does to Sri Lanka’s constitutional fabric.

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      This Rajash normally writes ordinary stuff. When I started reading, it sounded as if this is his writing and I was astounded. Rajash knows so much? When I read the last part, it became clear it was someone else’s writing

      Rajash, it is good to make clear at the beginning itself, especially when it is a thread of seveal pieces, that you are quoting someone else. Otherwise we may get wrongly impressed by you.

      But thank you. The piece from Edinburgh is worth while eading

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    Page 2
    PARADISE LOST? PRELIMINARY NOTES ON A CONSTITUTIONAL COUP

    ASANGA WELIKALA

    It is clear that the serving Prime Minister has not ceased to hold office in any one of these ways. Rather, the President has purportedly removed the Prime Minister from office by acting under the provisions of Article 42(4), which states that 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. The President seems to have taken these words rather too literally than is constitutionally permissible. When this provision speaks of the President’s opinion, it contemplates not the subjective and personal opinion of the President as to which MP is best suited to be Prime Minister, but an objective and constitutional view formed by reference to who can command the confidence of Parliament. This is usually, although not always, the leader of the largest party represented in Parliament.

    Prime Minister Wickremesinghe survived a vote of no-confidence by a substantial majority earlier in the year. No other canvassing of Parliament’s confidence has occurred since then, or before the purported appointment of Rajapaksa tonight, and therefore the President can neither constitutionally remove a Prime Minister who has not lost the confidence of Parliament nor appoint another in his place.

    It must also be stated that Article 42(2) speaks only of the appointment of the Prime Minister by the President and says nothing about the removal of the Prime Minister by the President. While the power of dismissal could be assumed as inherent to the power of appointment in the constitution prior to 2015, the Nineteenth Amendment has changed this by now providing expressly for the specific ways in which the Prime Minister can be removed (under the previously noted Articles 46(2) and 48). That these procedures have not been followed render the purported presidential acts tonight illegal and unconstitutional.

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      Page 1
      PARADISE LOST? PRELIMINARY NOTES ON A CONSTITUTIONAL COUP
      ASANGA WELIKALA
      There were three dramatic announcements on the evening of Friday 26th October 2018 from the Presidential Secretariat, which occurred in the following order: (a) the announcement of the withdrawal of the UPFA from the government; (b) the swearing-in of Mahinda Rajapaksa before President Maithripala Sirisena as the Prime Minister; and (c) the announcement that the President has informed Ranil Wickremesinghe in writing that he has been removed from the office of Prime Minister under Article 42(4).
      Even if the legality of the procedure and the clarity and meaning of the relevant constitutional provisions can be debated, the fact that the event was planned in complete secrecy, with no consultation of Parliament or giving the serving Prime Minister and Cabinet the courtesy of even a short prior intimation before the course of action was made public, that it was suddenly carried out on a Friday evening, and that it has taken the country by total surprise, point to some extremely questionable motives.
      Indeed, the whole set of circumstances suggest not the way a change of government ought to occur in a democracy, but the sharp practices associated with a constitutional coup, which is likely to lead to a constitutional crisis. It is a constitutional coup because the serving Prime Minister has not legally ceased to function in office before a new Prime Minister has been appointed. And it will lead to an unprecedented constitutional crisis because there are now two competing Prime Ministers and their parties jostling for power, authority, and legitimacy at the very heart of the state. Until one of these persons – Mahinda Rajapaksa or Ranil Wickremesinghe – can demonstrate that he has the confidence of Parliament through the support of a majority of MPs, and force the President to accept the will of Parliament, the crisis will not be resolved. Only time will tell what long-term damage this does to Sri Lanka’s constitutional fabric.

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    Page 3
    PARADISE LOST? PRELIMINARY NOTES ON A CONSTITUTIONAL COUP

    ASANGA WELIKALA

    If the parliamentary numbers have changed since Wickremesinghe’s confidence vote in April in favour of a majority now supportive of Rajapaksa by, among other things, the withdrawal of the UPFA from the national government – presumably the basis for tonight’s presidential acts – then it is also not clear why Sirisena and Rajapaksa did not choose to take the constitutional path to removing Wickremesinghe by defeating him in Parliament first. The crisis will be prolonged if Rajapaksa cannot swiftly demonstrate his command of Parliament, but the strategy he and Sirisena have followed tonight shows that they have chosen to seize the political initiative and momentum by the element of surprise, with the probable intention of consolidating their hold on the state machinery and in particular the police and armed forces over the weekend, before conforming to constitutional and parliamentary niceties. They would also quite correctly have concluded that technical illegalities would not effectively be justiciable, because it is unlikely in the extreme that the Sri Lankan courts would risk a venture into such a high-stakes political game.

    This kind of behaviour of course is entirely normal in Rajapaksa, and to his credit, he has never pretended to be anything other than a banana republic presidential populist. But Sirisena was elected in 2015 exactly to instantiate changes to curtail this dubious and destructive strain in Sri Lankan politics. His descent from the heroic standard-bearer of high idealism to a despised villain of the lowest form of low politics has been truly Miltonian.

    Dr Asanga Welikala
    Lecturer in Public Law
    Director, Edinburgh Centre for Constitutional Law
    Edinburgh Law School
    University of Edinburgh

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    Now the only way out of this mess for the UNP is a critical self analysis.They should be able to quite accurately forecast how many members they will have in parliament if there is a snap general election.This can be easily done based on the votes they got at the LG elections .They could compare that number of MPs with the current number of MPs they have in parliament then figure out the reasons for their reduced number.This task must be given to a team from the card carrying most senior rank and file members not the present leadership team or whatever, for unbiased views.has to be done pronto,time being of essence because a real snap election is a possibility.At least now what i have been advocating a long time,for a leader to be elected through a internal democratic process such as asking card carrying members to vote for their choice,done fast.

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    I am not sure how far this is true, but it’s rumored the The New Defense unit may include Drones to monitor the entire Island to curb notorious activities, from Possible racism, drug menace, other illegal activities including to keep the entire country Clean from garbage dumbing, the island is supposed to go through a full clean up of road and drains neglected badly.

    Please start cleaning up your areas, and I think the man. means business..

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      That is an invasion of people’s privacy and a violation of individual freedom stipulated in the Constitution. The State cannot have drones over private properties. Public properties, ok, may be.

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        MODA CHAMPA: In the USA Helicopters follow on the highways to look for speeding cars. How about spy sattalites over the world. Spy plane monitoring.

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          Helicopters don’t follow on the highways to look for speeding cars. There are camera’s for that purpose. Helicopters are used either to give air coverage to police when they follow criminals in cars or to catch hit and run cars.
          Satellites are used for state security.
          Drones go too close to houses. They can even take private imagery.
          Drones are used for different purposes like shark detection in the ocean, activities in large projects, waste collection in the ocean, in humanitarian relief operations, news coverage, etc. Robots with drones are used to collect garbage. Monitoring garbage by drones on the road is ok but not in private properties.

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    Can anyone in Colombo let us know if this silly Gamarala came on the TV or any kind of press communique officially other than the gazette elaborating the reasons Prime Minister was removed?

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      sum ting

      tensions were going on a long time with sirisena complaining that ranil was undermining him,but the straw that broke the camels back was when ranil went to india and met modi and put out a communique that sirisena was blocking the indian projects.He should have checked first what was blocking the projects and then made the statement.Also the constitutional council then rejected 2 of sirisena’s nominees for the supreme court and high court.Then the CID had a press meeting and said they could not find any evidence that thre was a plot on sirisena’s life. while sirisena was convinced that thre was and the UNP was covering it up.

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    When you appoint uneducated idiotic guy as a President who changes his promises each time he eats an Appa should be impeached. What UNP should do is to support Mahinda to show majority by one vote, then bring an impeachment motion against Buffalo President Sirisena, at that vote get majority by bringing more votes including the guys who are UNP but just jumped on to the other side for the first vote (coup) and impeach the President. Once that is done, Mahinda cannot be the President as the Constitution bans it. So the Speaker become President, at that time President can appoint Ranil as the PM again. This way you show Maithripala how UNP can play his own dirty game. Maithripala the uneducated stupid buffalo should be impeached.

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    As long as one does not engage in illegal activities.
    Such a citizen does not have to worry who rules the country.

    As long g as they do their job and develop the nation

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      Colombege:
      The kids and young men kidnapped and murdered from Colombo did not do anything wrong they were kidnapped and murdered for ransom. According to CID investigations it was done by SLN using state asserts.
      Fifteen aid workers did not break the law.
      Five students in trinco did not break the law.
      list goes on even without considering politicians and media men.

      Everyone knows who the master mind was. He is back!

  • 11
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    So he has stabbed the man who put him to the top of the ruling ladder , Sirisena is there because of the UNP
    Voters and not the Rajapaksa supporters . SHAMELESS MAN .he should be pulled out of the Presidency and
    thrown into the dustbin never to return. Those who voted for him are the real losers.
    Mahinda s greed for power hook or by crook to save himself and his family is well known . What a sight he is carrying with all the other crooks like Wimal Gammanpika and his greedy brothers trailing behind him in all the news items . What a shame for our country Srilanka to have these types of cheats and murderers .
    God save our country from these men.
    Sirisena the back boneless idiot should resign immediately as he is there because of the UNP voters .
    SHAME SHAME .

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    No valid reason for prorogation, rules Speaker

    Speaker Joseph Michael Perera delivering his ruling on the prorogation of Parliament, by the President on November 03, 2003, claimed it irrational and against the wishes of the Parliament. He described it as an act to deliberately prevent the due functioning of Parliament.

    The following is the full text of the Speaker’s ruling:

    “Hon. members, on 11.11.2003 I received a letter signed by the Hon. Prime Minister and a majority of Members of Parliament urging a ruling on the serious situation that has confronted our Parliament by its sudden prorogation on 03. 11. 2003. On 12. 11. 2003 I also received a letter signed by the leader of the Opposition Mahinda Rajapakse, Dinesh Gunawardena, Wimal Weerawansa, Mrs. Ferial Ashraff and Hon. Raja Collure based on the incorrect assumption that I have been requested to summon the Parliament in breach of the order of Her Excellency the President dated 03. 11. 2003 proroguing it. This letter also informs me that should I attempt to summon the Parliament it would be a totally unconstitutional and illegal act and requests me to refrain from doing so. At the outset I wish to categorically state that neither the Hon. Prime Minister nor any member of this House had made any such request to me and I release both the relevant letters to be included in the Hansard.

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    I doubt there will be any debates about anything in the future, I strongly believe there will be an autocracy constitution passed soon, which may not require any debates of any decision making.

    We may have a very similar constitution like China in the future to Come, I also see all the Provence becoming like China’s system of Province.

    There will be a iron fist, but fair play rule this time.

    The ex-Politician wants to prove his abilities, his change of heart in judgment and let’s give the man a chance, don’t demonize him,people do change for the better,it usually the society who keeps dragging people back to their past.

    What matters is the nation,

    The man has proved to be a brilliant game changer, even to the devil 👿 (If you think it is a devil) you should give its due.

    I see a huge reshape of the nation happening in the days to come, I also feel Jaffna problem will be solved in a amicable way and with some sort of self governance but under watchful eye, same like China.

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    So this F king Gamarala knows he does not have even the votes in parliament for his actions. Where are the Mahanayake’s the skin heads always have some thing to say about everything.

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    .
    “My friends and my road-fellows, pity the nation that is full of beliefs and empty of religion. “Pity the nation that wears a cloth it does not weave, eats a bread it does not harvest, and drinks a wine that flows not from its own winepress. “Pity the nation that acclaims the bully as hero, and that deems the glittering conqueror bountiful. “Pity the nation that raises not its voice save when it walks in a funeral, boasts not except among its ruins, and will rebel not save when its neck is laid between the sword and the block. “Pity the nation whose statesman is a fox, whose philosopher is a juggler, and whose art is the art of patching and mimicking. “Pity the nation that welcomes its new ruler with trumpetings, and farewells him with hootings, only to welcome another with trumpetings again. “Pity the nation divided into fragments, each fragment deeming itself a nation.”Khalil Gibran”

  • 2
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    Whenever you point a finger at a person three points back at you, you may not be fit to judge,

    While you judge other’s parents and children remember you may not know everything about your own and be thankful to God that he has veiled their shortcomings from you, maybe those of you who constantly are judgemental do not have the strength to bear it if it becomes known to you.

    whatever you do make sure you do not deny any man the right for his freedom, his right for his bowl of rice, never exploit a man’s capabilities in an unfair way to benefit you while placing him with disadvantages, never take a man’s dreams and hopes, they may be all he had, you never know .

    never judge or harm a man’s character purely based on onesided stories, you may become a cursed being of harming a man not guilty of, always get all sides of the story if you may want to judge.

    Give a man a chance to change and encourage him with all your heart,.

    Be sure whatever you do love or hate will come back to you in many folds.

    The Universe has a very just system

    The Lost Puranas

  • 4
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    It is unfortunate the way things turned out, but with due respect Its none but Mr.Ranil Wickremesinghe who has to accept the blame, self-criticism is the noblest harakiri a gentleman statesman would and must do.

    I think people are overdoing it with the insults on The President, he may not be perfect, after all, he is only human.

    He has been patient for nearly three and half years, what would have you or me done in his situation >?

    Mr.Ranil Wickremesinghe
    refuse to hand over the mantle of the leadership to the most capable .Mr.Sajith Premadasa, it would have been very honorable of him had he handed it over to Mr.Premadasa and taken the seat of Mentor minister, he appointed ministers with almost zero capabilities Ministries.

    He handled the upcountry racial attack very badly, he handled it exactly the way Late.J.R. handled the 83 riots, he did not do anything about the extraditing the man wanted for abusing our Central bank (a foreigner ), he did not appoint the able man for the job of Interior Ministry, he did nothing about the garbage issue instead he left the citizens at the mercy of the collectors ,his favorites made enough money from garbage to everything else while honest citizens were not given the opportunities they deserve.to name a few among the many blunders.

    It is best That Mr.Ranil Wickremesinghe steps down and appoint a younger able person as a leader without leading the country into a dangerous political turmoil. and let the parliament decide who will be Prime Minister when the Cabinet convene.

    Sri Lankans have so far shown maturity in their restrainment over this issue, it is very admirable while everywhere else around the world are on the streets.

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    What type of democracy is Maithiripala Sirisena practising? Is he afraid of Karu Jayasuriya? I think Maithiripala Sirisena is a shameless President.

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    It seems there is a dangerous discrete anger boiling up among a large segment of the people in social App, mainly they are angry with The President over two issues, 1) prorogued parliament and thee other is Wimal’s thuggery threats on Ranil to use physical force to remove him from The Temple Trees, These have really angered the people and they feel. Ashamed.(Even. INDIAN ORIGIN SRI LANKANS, HAVE a different perception of politics, simply because they are educated, even the estate worker is today educated,) Sri Lanka politics should be handled in way respecting the people or it could blow up on the faces who don’t.

    There is and will always be a UNP voter base of about 50 %at least, without their Alliance parties and this should not be forgotten, I understand that Mr. Rajapakshe is trying to win over enough members to get his majority in parliament, that is okay, everyone is free to work with whom they want, but unlike in his previous rule I have less hope he will be able to take over in the same manner as Saith Premadsa is a very powerful voice even among Some MR camp, he has a easy 10 to 15,% of support from the MR camp.

    I believe The President should asap convene parliament without waiting until Nov and let the Parliament decide.

    If not I see a huge disaster(Godforbid ) waiting to unfold and Wimal’ will be the Cause of of it.

  • 1
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    Today 20+ Millions of Sri Lankans and the entire world is witnessing how Democracy is showcased by the Political Arena in the Island. One person with esteem power in hand throws away all normalcy, disrespects the Oath he took that he will never go against the Constitution of Sri Lanka, removed the country’s Prime Minister like a Stray Dog without a Proven Base, just like how Once A War Winning General was arrested and remanded, and then prorogue the parliament until the illegitimately appointed Prime Minister could gather 113 members via Horse trading.

    This clearly shows the power hungry politicians have no Self-respect or dignity. This will be written as the Darkest Era and the Biggest Betrayal by the Power Hungry Powerhouse and Marks the Murder of Democracy. This is a clear example of how the politicians treat the Voting Rights of the Public of Sri Lanka. How can they call themselves Buddhists?

    I am not against anyone being appointed to a position as there’s a saying “There is no Permanent Enemy or Friends in Politics”, but the manner it was done was absolutely uncalled for.

    *This country could very soon be known as (Anti) Socialist (Un) Democratic Republic of Sri Lanka.*

    Welcome to Sri Lanka, A Land like No other…

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    Funniest thing is where has the musselyamin lap dog of Wimal been? Mr. 10%collector is back in business, he had gone into hiding with his tail between his legs and now the Thataya, the Fake ngo owner with a fake Muslim name as Moussamil is back to start collecting his bosses 10% as long as Mr. MAHINDA has around him such soulless individuals like Wimalaya and his lap dog mussallaya, he can be sure he will not have any blessings of the true supporters among the decent citizens of this country.

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