16 November, 2018

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Speaker’s Pronouncement – How To Restore Legitimacy? 

By Arun Kumaresan

Arun Kumaresan – Air Vice Marshal (Ret’d)

In reverence to liberal democracy: “may constitute the ‘end point of mankind’s ideological evolution’ and the ‘final form of human government’”  Franklyn Fukuyama

In my article on “Hon’ble Speaker Act Now & Act Fast” on Colombo Telegraph on November 2nd, I articulated two questions, which were in my opinion need to be ruled by the head & custodian of our legislature – Hon’ble Speaker to overcome the actions by the Executive on 26th Oct 2018. The questions per se as follows:

1. Was the act appointing a Prime Minister by the President is constitutional?

2. Was the act by the President in proroguing the Parliament followed the due protocol and conventions?  

Hon. Speaker’s pronouncement dated 5th November 2018, without any ambiguity resolves that the act by the Executive sacking a sitting Prime Minister and appointing another is unconstitutional & the proroguing of the Parliament too had been done without any consultation; thereby threatening the supremacy of the legislature and the sovereignty of the citizenry. He had also deplored the conduct of the media (intentional false news reporting) and further on the reports of horse trading of legislators; the acts that are threatening the very foundation of the democracy in Sri Lanka. 

Hon. Speaker had clearly stated the status quo of pre 26th October 2018 evening as legitimate.

What Next? – Untying The Knots

Interim measures

This being an extraordinary situation arising out of a “COUP” violating all norms; Hon. Speaker’s ruling needs to be implemented giving due consideration to the fact that the action by the Executive has created confusion and mêlée particularly in the minds of the public officers and security apparatus. There may be no rule book to react to such situations arising out of a “coup”; hence, it is well within the rights of the Hon. Speaker to use the existing structures that are recognized under the Constitution to implement his ruling.

In order to overcome the current deadlock and as an interim measure, the Hon. Speaker in his capacity as the Chairman of the Constitutional Council should summon an extraordinary meeting along with the members of Police & Public Service Commissions in attendance and direct the later two to send out specific directives to inform all stakeholders to revert to the status quo prior to 26th October 2018. It is also prudent at the said meeting the Hon. Speaker announce the date of reconvening the Parliament. 

Making Hon. Speaker’s ruling absolute on the floor of the House

Once the Parliament is convened, the Hon. Speaker should make the said ruling on the floor of the House in order to make it absolute and subsequently adjourn the House for two weeks to facilitate restoration of the functions of the Government, which has been disrupted by the illegitimate and unconstitutional actions of the Executive. (The business of the house on that date could be decided at the party leaders meeting the day before). A no confidence motion, if and when submitted may be put on the order paper for a debate subsequently. 

This will give meaning to the pronouncements by the Hon. Speaker and it will enable to resurrect and restore “Democratic Governance” in Sri Lanka, which was in the verge of execution. May all who believe and cherish democracy rally behind the Hon. Speaker to protect the sovereignty of participatory system of governance; we were bestowed and enjoyed since 1948.

Legitimacy may reign supreme not coups or counter coups ( both are illegitimate )!!!

N.B: Those in communication with the Hon. Speaker; Pls share this note

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Latest comments

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    [Edited out] writing in capital letters are discouraged -CT

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    Removing a person who came to power promising to restore democracy and behaved like a dictator should be considered as a contribution to strengthen the democratic system in the country. Ranil did not care for democracy. He used President Sirisena and ‘Yahapalana’ slogan to come to power and went ahead with his own agenda. This is nothing new. When he was the PM under Chandrika, he signed the CFA with LTTE without approval from the President and Cabinet. This time he signed the Trade Agreement with Singapore before it was approved by the President and Cabinet. So, do not venerate Ranil Wickramasinghe as a savior of Democracy.

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    Eagle Tunnel Eye, Thanks but no thanks for your so called Alternate Facts. Arun, this shows how worth is our constitution. When Polythene is banned our constitution will be handy to pack Bath Parcels. The current situation can be explained in Lankan Terms. A criminal who has rented your house in the past , who was evicted law fully by you after finding out his records, now with the help of his goons re enters your property and takes up the shed to claim the whole property including the land and the house are his. All the neighbors and community living are well aware of the facts. But the criminal and the gang are demanding you to go to courts to prove ownership. This seems very reasonable to Eagle and so called 45%deplorable Lankans, who are of the same mind set of the criminal.. Jeyawewa.

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    Sorry in my story telling I had left out the climax. Last I heard the criminal has bribed enough neighbors to appear as witnesses saying he is the real owner. The court and the judges have been already threatened to look the other way. Some of the neighbors who were bought out are supposedly trusted friends of the owner and had had benefited from him and his family. The criminal has made a deal with rest of the goons that the house is for him but has promised to share the land with them.Some of the neighbors do not realize the criminal will do the same to them. And the goons are unaware that the criminal has no plans to share any property with them. That is Lanka in nut shell.End of story you retards go back to sleep.

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    Arun Kumaresan is wasting his time. He should know our politicians are always correct and make no mistake under any circumstances. Bribery and corruption are not in their books. They are honest and trustworthy. If not how could thousands of voters go behind them and gather in their meetings; How could Tamils believe Great Sampanthan’s words uttered each year that Tamils problem will be sold before next Deepavali. Do you know Mr Kumaresan that this govt has given holiday to students in North and Uva provinces to celebrate Deepavali today. Hindu Students in Eastern Province were not given holiday but Sampantha don’t care and we too because we are certain our govt makes no mistake. Let all of us join together and say Jayawewa; louder as much as possible! Louder please!!

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    Arun Kumaresan wants to restore ‘legitimacy’ to the Speaker’s pronouncement.

    Is it the literal meaning of the word ‘legitimacy’ or the post coup?
    By the way Arun, we have had a coup.

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    CHANGE YOUR SOUL IN ORDER TO HAVE PROPER CHANGE IN LANKA

    To understand democracy, we as a country need to understand the true nature of a human. We have knowledge, function algorithms, receptors in our body and feelings, security system, cultural aspects,religious requirements in our soul. People rely on knowledge for less than a quarter of our actions. The rest we rely on the soul. To change anything will require your self to change too.
    Always repetitively feed good food to your soul, while suppressing bad feelings until it becomes your culture. First it will be hard, but if you strive you will not only change for the better, you will change the community around you.
    What you started others will finish. Motive of the message: Don’t worry about others but instead strive to change your selves. Be a part of one nation.

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    Arun its easier said than done.The Hon.Speaker is already facing a MUTINY by the DG and his staff. The IGP has announced that he carries out orders from the Executive. If the Speaker who is Chairman of CC calls for an Extraordinary meeting with those you have mentioned ,most probably they too will take the stand of the IGP!
    So, in short this is a catch 22 situation.

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