19 September, 2019

Blog

The Presidential Election – Sleepwalking Into Anarchy? 

By Nihal Jayawickrama

Dr. Nihal Jayawickrama

The last week has seen the public launching of two presidential campaigns. At each of these widely publicized and well-orchestrated meetings, the two potential candidates presented their manifestos. One candidate, with the benefit of a teleprompter, read out a lengthy document which sounded much like a Speech from the Throne at an Opening of Parliament. The other candidate, in more strident tones, promised to implement an equally radical programme of reform if he were elected to the office of President. The question that needs to be asked of both, and of other aspiring presidential candidates too, is how they propose to implement their publicly proclaimed “policies”?

Can the next President implement his promised manifesto?

The constitutional position today is that the Cabinet of Ministers is charged with the direction and control of the Government. It is the Cabinet that is collectively responsible and answerable to Parliament.  While the President is a member of the Cabinet, and is described as being the Head of the Cabinet, under Article 43(2), only a Member of Parliament may be appointed a Minister. A transitional provision in the 19th Amendment enables President Sirisena to assign to himself the Ministries of Defence, Mahaweli and Environment. That transitional provision ceases to operate when President Sirisena ceases to hold the office of President.  The next President will, therefore, not be entitled to assign to himself any Ministry or any subject or function of government.  He may, if he wishes to, chair the meetings of the Cabinet, offer his opinion on cabinet memoranda and even initiate a discussion on a subject close to his heart. What he cannot do is implement his “policy” in respect of any subject, since that would be to trespass on the territory of a duly appointed Cabinet Minister to whom that subject has been assigned.

Can the next President assign to himself the Defence portfolio?

Article 43(2) states quite explicitly that, on the advice of the Prime Minister, the President shall appoint Ministers from among the Members of Parliament.  The next President, not being a Member of Parliament, and not benefiting from the current transitional provision, cannot therefore hold any portfolio.  The fact that the President is entitled, by virtue of his office, to attend Parliament once in every three months, and is entitled to all the powers and privileges of a Member of Parliament when he does so, except the right to vote, does not make him a Member of Parliament. In fact, Article 91 expressly states that the President is disqualified from being elected to Parliament.  

It is argued that the preambular Article 4 states that “the executive power of the people, including the defence of Sri Lanka, shall be exercised by the President”.  In the “defence of Sri Lanka”, the President may, under Article 33(2)(g) declare war and peace, but that is quite separate and distinct from being assigned the subjects and functions relating to defence or, for that matter, other executive powers relating to the administration of justice, health or foreign affairs.  Prior to the 19th Amendment, the President was entitled to “assign to himself any subject or function and, for that purpose, determine the number of ministries in his charge”. That power was expressly repealed by the 19th Amendment.

It is also being argued that since the President is described in the Constitution as “Head of State, Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces”, he should necessarily be the Minister of Defence.  Incidentally, under the 1972 Constitution, President Gopallawa was also described as “Head of State, Head of the Executive, and Commander-in-Chief of the Armed Forces”.  These high-sounding titles do not bring with them any special powers. The Commander-in-Chief is not a uniformed officer. In parliamentary democracies, the principle of civilian control of the military is established through the designation of the Head of State as Commander-in-Chief as well.  In the United Kingdom, the Queen is the Commander-in-Chief, and she has never made any claim through that title to be appointed Minister of Defence.

Can the next President change the “composition” of the Cabinet?

Under the 19th Amendment, the President can appoint and remove Ministers and Deputy Ministers only on the advice of the Prime Minister. The power he previously enjoyed of removing the Prime Minister from office has also been repealed. It is being argued by some that Article 43(3) enables the President at any time to “change the assignment of subjects and functions and the composition of the Cabinet of Ministers”.  That provision is immediately qualified by Article 46(3) which states that a Minister or a Deputy Minister may be removed from office under the hand of the President only “on the advice of the Prime Minister”. 

Article 43(2) also qualifies the President’s power under Article 43(3) to “change the assignment of subjects and functions”. For example, the removal of the subject of higher education from one Minister and its transfer to another, will constitute, in effect, the removal of the Minister of Higher Education, and the President cannot do that except on the advice of the Prime Minister.  In any event, whoever is elected President in November will need to “cohabit” with the current Prime Minister and his Cabinet of Ministers until the next general election since the Constitution does not provide for the dissolution of the Cabinet following a presidential election.

Can the mode of election of the President be changed without a referendum?

Article 30(2) states that “The President of the Republic shall be elected by the People and shall hold office for a term of five years.”  Article 83 states that a Bill for the amendment or for the repeal and replacement of, or which is inconsistent with, the provisions of paragraph (2) of Article 30 “which would extend the term of office of the President” shall become law only if it is also approved by the people at a referendum.  Therefore, it is only a Bill that seeks to extend the term of office of the President that requires approval by the people at a referendum. A Bill to change the mode of election of the President is only required to be passed with a two-third majority in Parliament.  

Conclusion

Why is it then that, in full and complete knowledge of the purely ceremonial nature of the office of the next President, the major political parties are preparing to squander billions of rupees, and put at risk the personal security of thousands of citizens, in an island-wide election spread over a hundred days, to choose the next President?   

Why does Parliament not legislate, even at this very late stage, and follow the practice of many other democratic countries including our neighbour India, and provide for the election, either through Parliament or by a democratically constituted Electoral College, of a nationally-respected person of knowledge, experience and integrity to the non-political office of President of the Republic?  Why does the UPFA which, when in government in 2000, introduced a draft constitution in which the President was to be elected by Parliament, now remain silent?  Why is it that the present UNF Government whose draft Constitution provides for the President to be elected by the proposed two Houses of Parliament, now remain silent?  Even the JVP appears to be unwilling to present a revised version of its own draft 20th amendment which provides for the next President to be elected by Parliament.  

Do our political leaders not realize that a President elected by the people at a national election, though devoid of power, will surely claim greater legitimacy over a Prime Minister chosen by Parliament, and may well establish a parallel centre of power and make a mockery of parliamentary executive government?  Does no one realize that we could well have a President belonging to one party and a Prime Minister belonging to a different party, and a repetition of the shambolic relationship that now prevails between the Prime Minister and the President, the pantomime that we have been subjected to in the name of “yahapalana”?

Why are civil society, professional bodies and political columnists remaining siIent on this issue?  Why is everyone reconciled to the fact, the unfortunate fact, that through mountains of garbage and corruption at every level, in every institution, in politics, business and in the legal sphere, we are now sleepwalking into anarchy? 

Print Friendly, PDF & Email

Latest comments

  • 29
    7

    Great piece by Dr. J.

    It looks like that the Bond Scam artists lead by Ranil W, Arjuna M, and Ravi K have their hands in the till for another year.!

    • 11
      2

      Do we need these Politicians and so called ‘Democracy’ to run the Country? When we have Intelligent people like Dr Jayawickrama and other Educated People who can do it Better?

      • 7
        0

        Dr. Nihal Jayawickrama has ably and expertly interpreted the language of the constitution.

        He is neither qualified nor has the capacity to interpret how the Lankan rulers will interpret the constitution ……… only a seasoned patient from Angoda can do that.

        • 2
          0

          Most countries that have “successful” constitutions ……… the constitutions have evolved through many years with their societal development/evolution. ……. as a natural process — The society and the constitution are in one and the same place at this point in time.

          The countries/societies that have “trouble” with “constitutions” are the societies where a “constitution” far in excess of the social-development of those societies was imposed from above …… usually by a more socially advanced entity.

          What we now see is nothing but the lag/gap between the social-development of our society at this point in time …… and the constitution that was imposed by the colonial-rulers.

          In the 70s Nigeria copied the American constitution word for word thinking that’s all they needed to end up like America. ……… The results are there plainly to see; the “worth” of a “constitution.”


          All the constitutions – in true half-baked-society fashion – subsequent to the one imposed by the English …… were not “composed” with the welfare of the country as the primary focus ……… but to achieve/fulfil some pet-peeve/bugaboo/benefit of the people who wrote the constitution.

          Colvin/Sirima’s was pandering to the Sinhala-Buddhists, …………. the focus of JR’s was only for the 12 years of his reign; not beyond ……… Mahinda’s was for him to stay in power indefinitely ……. and Ranil’s was to rectify what happened to him in 2002 as the PM; not to get sacked again

          And I’m a escaped long-term resident of Angoda ……. that’s why I can see Lankans for what they are; from a “Room with a View” ……… while all ye learned gentlemen are just running around pissing in the wind

          PS Native Vedda was my psychiatrist …… drove him around the bend. ……… Now he is in; I’m out.

      • 1
        1

        Rationalist.
        I remember how this person acted during his tenure as the secretary of the Justice Ministry to run that Govt to the worst defeat a Govt faced in this country.

        • 1
          0

          Sadly HARISCHANDRA:-
          Sri Lankans only understand the Likes of the Rajapakses!

    • 21
      2

      Dr. Nihal Jayawickrama,

      Thanks for succinctly explaining what the powers and duties of the President and the Prime Minister after 19A. The ministers have to be members of parliament. Some are elected and some are appointed. Does 19A requires that all ministers have to be elected by the people?

      If so, true power vests in the Parliament comprising the Ministers and MPs elected by the people. So, why call the executive president? Why not call the ceremonial or constitutional president, or even change the title to Governor General?

      Power in the hands of Parliament is better than power in the hands of a madman president.

      That way the populace will not go crazy over a ceremonial president, wasting the hard-earned money of the maids in the Middle East and those who produce real goods and services, instead of fake presidents and mad presidents, who will violate the constitution occasionally .

      • 13
        1

        Amarasiri,

        Re. the two questions you have raised:

        1. All the MPs are “elected”. The National List MPs are theoretically “elected” since the number assigned to a party is dependent on the votes secured by that party. Moreover, the National List has to be publicized before the general election takes place.

        2. No where in the Constitution is the expression “Executive President” used. It is a term coined by politicians, newspaper columnists, etc. The title which the Constitution and other laws use is: “The President of the Republic”.

        • 8
          2

          Dr. Nihal Jayawickrama,

          Thank you for the clarification.

          So, with the 19A, the real power is with the Prime Minister “recommending “ to the “President “ (the “Prime” Minister’s “Secretary “), to appoint the “recommended” Ministers.

          What happens when the President refuses, just like what Sirisena did with the recommendation of Field Marshal Sarath Fonseka?
          Can the new president keep doing that to frustrate the PM?

          In the US, the President can keep vetoing a Bill three times only, and the fourth time it becomes law without the presidential approval.

          • 5
            0

            Amarasiri,

            Under the 19th Amendment, the Prime Minister does not “recommend”. The President is required to act on the “advice” of the Prime Minister. In constitutional law, “advice” amounts to an instruction. Ranil Wickremasinghe probably did not want to “rock the boat” when President Sirisena declined to act on his “advice”. Moreover, under a transitional provision in the 19th Amendment, Sirisena is entitled to assign to himself the Ministry of Defence for so long as he holds the office of President. Having assigned to that ministry the subject of “law and order” as well, he could claim that the “advice” to appoint Sarath Fonseka to be in charge of that subject could not be acted upon !

            • 6
              1

              In Srilanka, LAws are for the corrupt. So, every thing goes wrong. IT is OK for PM to recommend, but, when they are wrong, there should be a way to remove them. In Sri lanka everybody knows that Ranil did not only the bond scam that other things too. but, Cabinet Leeches can not be removed. they are sucking Life blood of the country.
              Raajith aSenarathen is promoting everything he did to import and do earn commis. so, some american companies get rich and he gets much needed commis. Even WHO helps him because UN agencies are working for the special interest groups or, in short, for west.
              Raajitha does not talk about private hospitals, private consulting, Now election is in months and he is going to build semi-luxury 5000 houses for Doctors.
              Maithripala Says, Treasury does not have money to have a salary increase for Police. Mangala and Ranil have spent billions for people and but the salary increase is also post poned to 202 January. that is when the general election comes. So, Sajith or Maithripala sirisena will not get that advantage.

            • 5
              1

              Dr. Nihal Jayawickama,

              Thanks for the clarification.

              So, the party in power, at present UNP, members “recommend “ to be minister to the PM, and he in turn “advises “ the President to appoint the candidate, say Sarath Fonseka, as the Law and Order Minister. The President refuses, and appoints himself as the Law and Order Minister.

              Assume that there is law and order, and assume that the President and the monks abide.

              During the transitional period, let us say we had a PM with guts, not Ranil, who will keep “advising “, the President three times, and the President refuses. What then would have happened?

              Post Sirisena, what would happen? Suppose Gotabaya is President ( God forbid) and we end with a PM with guts, “advises “ that Field Marshal Sarath Fonseka to be the Law and order Minister, and the President keep refusing. What provisions are available in such a situation?

              Can the President appoint himself as the Law and Order Minister, just the same way Sirisena did, citing Sirisena as a precedent?

              Another issue is, can the President remove a corrupt Minister, against the “advice” of the PM? Suppose the PM “advises “ the President to remove a corrupt Minister, and the President refuses? What happens?

              We all know the drama that was played on Oct. 26th, with the sacking of PM and the wholesale removal of the ministers.

              Can this scenario repeat in the future with a different take?

              Will all these end up in the Supreme Court to be sorted out?

            • 6
              0

              Dr Jayawikrama,

              could you kindly explain why the president kept the ministry of Law and order even if the constitution says it is against the constitutional provisions. Besides, the issue with that so called INFORMANT -by name Namal Kumara saga was just fabricated to attack Mr PM. Can this ever be possible going by a constitution ?
              Now all is vanished as nothing like ever planned by anyone. Nor have they released the report of the commission, that was reported to have investigated that assasination plot.
              Is it not illegal a president to totally ignore such outcome further keeping away from the public. He is now seen to be master to prevent such outcomes being passed to the nation for his own hidden reasons.
              In ENglish, they the govt functions without a constitution. But the people being that civlized and law bound, that would not be a problem in there.
              I think, President Sirisena has violated the constitution not once as we got to know but very many times since then. If such violations are tolerated by a country /courts, why should we have a constitution at all ? Thanks for your repsonses.

              • 3
                0

                In English should be replaced with in England.
                Thanks,

            • 0
              0

              “Having assigned to that ministry the subject of “law and order” as well, he could claim that the “advice” to appoint Sarath Fonseka to be in charge of that subject could not be acted upon !
              First New King simply refused to appoint Ponny but appointed his own selection, Rajith as the Law and Order. He simply explained he cannot appoint a minister opposing international will. Latter he fired Ranjit too and annex it to defense. When Old King had it under him, attached to defense, IC forced him to let it go.

              Ranil could not rock the boat because if he win at court there will be one more coup, out of annual celebration dates for coups.

              There is nothing as constitution. it is only anarchy out there.

        • 2
          3

          A President who exercises executive powers is an Executive President.

    • 11
      0

      Thanks Nihal, great points. Bondscam Ranil should be impeached immediately before he signs SOFA and MCC agreements to turn Lanka into a US military logistics hub and military base.

      Elections, whether presidential or provincial are a game today – part of the politics of Distraction and Division to advance the US colonial project , also by turning the Parliament into a Cesspit of corruption with fake democracy strenghtening projects and advisors like Prasad Kariyawasam.
      The bi-partisan UNP-SLFP/PP corruption racket with US puppet Ranil and US citizens Gota and Basil Rajapassa and TNA, Muslim Parties and JVP on the band wagon was brokered by the US experts who also helped their puppet Bondscam Ranil and his mafia to draft the 19th amendment.

      • 5
        0

        If Ranil to be impeached, Sirisena to be hung by his balls until he falls dead.
        So should be the case with MR too, for all the high crimes they have committed during their office. Ranil did only one blunder to have appointed Mahendran. Anyways, the losses his govt faced is much less compared to the govt of Ballige putha Rajapakhe. Sirisena himself made it very clear, having studied it with experts in the area that the bond scam losses claimed by MR govt is 100 times more. That is the main reaon, SIRISENA not to have acted on the issue: He was begged by Rajakshes not to go for it. There, Ranil was painted as the blunder. Please get the facts right whoeve ryou are. Ranil or the UNPers would not do that harm the way ballige putha Rajakshe did it with his family. For that alone, the bugger should be jailed for ever. Today, grass eaters rally round to support high criminals for their come back. Can this be ever acceptable by a person with little brain ? Never.

    • 11
      0

      This is a wonderful essay from Dr. Jayawickrama which must prod every man’s conscience into wakefulness.

      Too many in this country have spent their time sleeping.

    • 9
      0

      Dr N J

      Our Srilanka is in desperation !
      Desperate to fill our. Parliament in small numbers of true Patriotic statesmen and women. SOS.!!!
      Time is running out.
      China and USA is playing games with our nation , due to its position in the Indian Ocean.
      No country is interested in ours for any other reasons.
      Not because it has gained merits from the yellow robes but because the country is so desperate to please other nations for a few Dollars $$, I mean our politicians greediness is the cause for our demise.
      Trying to please Super powers for few Dosh in $$$$$$$.
      We have elected greedy dogs . It’s time to stop the Rot. We cannot wait until the ” horses” I mean the DOGS are bolted.
      Change ! Change Now.

  • 24
    1

    Good that the real position is explained by an expert on the subject so that goons, including the pretender,GL Pieris, can understand that the powers of the President have been reduced by the Nineteenth Amendment, the model being that he or she is probably very much like the Queen in Cabinet under the Westminster system. The Queen has prerogative powers to declare war such power is always on the advice of the Prime Minister. It does not mean that she has defence powers. it is the Queen’s Peace that prevails but the Home Minister ensures that the Police keep the peace.. Ceremoniously, she commands the armed forces but that is about all. She of course does not sit in Parliament or participate in Cabinet meetings unlike the President of SL who can. But, he can sit in a corner without directing policy. Otherwise, like the Queen, the President under the 19th Amendment is just a figurehead. The Queen’s constitutional significance may occasionally arise as it would when, in weeks to come, a no confidence motion is moved and perhaps, if it succeeds, the Queen decides on how or who forms the new government. Otherwise, with all the glorious talk of Gota and Sajith P., they do not have the powers to implement the grandiose promises that they are making. They just become paper tigers. The tussle is really between MR and RW who will contest to be Prime Minister.

  • 11
    1

    NJ appears to have “opened a can of worms” – he has upset the ideas of presidential contenders about their powers after being elected – from giving orders to the armed forces, to building hundreds of Buddhist temples !!
    The cabinet of ministers appears to be unaffected, after a new president has been elected !!
    The prime minister has to advise on each selection/change of powers of ministers !!
    “……………..of a nationally respected person of knowledge experience and integrity…………….”
    Does such a person exist – may be, only NJ himself.

  • 6
    15

    OMG….

    What is this hullabaloo or should I say panic then, among the Elite, Anglicans, Vellalas , Wahabis, Suren Surendran , UNP London and even French Kirubaharan?..

    Poor Nandasena…

    Is Nande risking his dear Life to be just like a spare Willy at Dr Ranil’s Yahapalana Honeymoon which will finally dawn with his 19A kicking in, after Sira getting kicked out ….

    Just imagine the Wahabi Clan who have temporarily resigned after Easter Sunday Mass, walking back into Dr Ranil’s new Cabinet and signing off on all those outstanding UNP Commitments to TNA Diaspora, Millennium Corporation , US Forces, Hindians, and who ever else in the UNP Books, which Sira had fought hard to STOP by putting the spanner in the works.

    With several MPs in Kotte who are now in a precarious situation after Bond Scams, Drug Dealers , Pathlaya Killings and Commission Dealings may now even think about a last Hurrah and give Dr Ranil and his All Powerful UNP Cabinet’ that Two Thirds which Dr Ranil has been craving for since 2015..
    And pocket that juicy Santhosams which Sira mentioned as anything from LKR 150 Mil and up to LKR 550 Mil.

    Just imagine the super Luxury Retirements those Kotte Dudes can look forward to with that sort of Dosh in the Bank.

    One thing though our poor inhabitants do not have to worry about Sampathar taking up Arms like his mates did in the past..

    • 5
      3

      KASmaalam K.A. Sumanasekera

      Please summarise your typing and let us know your point if there is one.

      • 2
        1

        NV – Anything KAS -KUS writes should be taken with a PAIL of salt!

      • 0
        0

        Dear Native,

        Don’t worry about it , Mate..
        Still you wouldn’t understand ….

        BTW, Dr Ranil opened the First VW Factory although they make M & M SUVs….

        Dr Ranil boasted in his address that Mahendra and Mahendra will be working Over Time to sell their M&Ms worldwide and bring in Oodles of FX to help Dr Ranil’s Cabinet.
        -.
        But the M & M boss who was the Second Speaker must have had a good giggle”before he spoke.
        M& M Boss said they can now sell M&Ms in Lanka even cheaper than they sell them to Hindians..
        Because now they don’t have to pay that up to 300% Yahapalana Tax.

        I don’t think even one of our Dalits who are backing Keselwatta Kid can buy even a Set of Tyres for One.
        But Dr Ranil’s Colombo Elite , Anglicans , Vellalas and the Wahabis who are on a Beer Budget will rush in to get one at LKR 3.2 Million a piece with a Finance Package from PanAsia’s Leasing Arm …

        Is Dmammika Perera still in the running?…Native?..

        • 2
          0

          KASmaalam K A Sumanasekera

          “Is Dmammika Perera still in the running?…Native?..”

          There is too many cross holdings like a spaghetti junction. I am sorry am unable to untangle the web of deceit on all sides particularly from Gota’s b***s carriers.

          Dmammika Perera is supposed to be the richest man in this island.
          Upali Wijewardene was supposed to be the richest man in Sri Lanka that was before he showed some interest in contesting the presidential elections. He died in 1983 under mysterious circumstances.

          Is Gota the real richest man given that VP rewarded Gota with all his wealth for killing more people than he had ever managed in the previous 25 years period?

    • 2
      1

      KAS and Chuuumpu ………
      Please go somewhere else to pen /click your garbage where idiots like you can read and appreciate. On CT you two seem to be the “champion thumbs downers! Losers “. someone gets the most thumbs down. Pity the 2 clowns of CT.
      Suggesting why not go please the readers of Maharaja garbage and the Lankaweb crappers…??
      Sayonara!!!!!

  • 11
    0

    HOPE SO CALLED LAW PROFESSOR JILMAL PERIS OPEN HIS EYES EVEN IT IS TOO LATE NOW GIVE HIS OWN EXPLANATION RE-THE MATTERS DISCUSSED HERE.

  • 4
    1

    Indeed that Political,. Economic and Social an anarchism has brought forwarded by that UNP regime change initiated by USA conspire since 15/1/8.

    By and large that locally, MS, CBK and Wicrkansinghe of Ranil Primer of Republic which that created an Unholy alliance partners of co-habitation with TNA, JVP Muslim Congress and other Islam Terrorist joint that run current governance by blessing of USA Embassy.
    Best part of that ours political masculism is that of key values of democracy come supervision Island by caretaker undertaken by of Terrorist of JVP, TNA+ LTTE proxies and Muslim Terrorist !
    This is unique features of “Good Governance” has proven beyond doubt that 21/4 Islam or Muslim terror attack killed 400 citizens and injured 800 citizens of our people. There is No criminal Justice for victims by RULE OF LAW?
    They (JVP TNA MC) totally denied that whole ranges of norms of democracy governance of STATE Managements, unholy alliances led by Feudal clan of Wickrasinghe of R’s coalition .

    Hence , Parliamentary procedures is concern of that Majority and Minority of Parties allocation of 225 members has been jeopardized by UNP that of hard line Christen line mythologist of Ranil Wicks and his puppet Speaker house of Parliament.

    We have lost normal clarity of Parliamentary democracy had been practices over 70 odd years from 1948.
    The UNP rules were working ON POLICE STATE in every aspects by FCID of POLICE of by Political rule of governance.
    While that Ruling Rules of UNP that under RW of UNP ,CBK of SLFP and MS of New UNPs has been initiated by Over and above Rule of Law of our Land.
    That is how new term an introduce “Good Governance” by World Bank and IMF! We as Nation in between middle of that Hippocratic and Democracy since 2015 Jan 8th..
    All in all our Constitutional are NOT Valid before current regime run by USA embassy in Colombo !

  • 3
    2

    Is Lankawe going by any constitution? If so, how, Old King, who has abandoned his party, is still the opposition party leader? Then how is New King holding four ministries. Then how did he refuse to appoint Ponny as the Law and Order Minister. Constitution is not so important for Sinhala Buddhists to run the government. If there are few gentleman agreements can be reached among the 225 thieves, their Kleptocracy can keep going. That is how it was in the past, that is how it is in the present and that is how it will be in the future. After the election, the main change is, EP cannot have two ministries those are now transitional. So, he will have all other 98 (current 100-2=98) for himself.
    EP has the full power to reject any recommendations PM makes for cabinet. During the Coup, it appeared the government can be run by EP, with the secretaries, without ministers. The only problem they faced was having a budget approved. EP may not have many powers to go ahead & do useful projects; but as in the past, he still can cancel all useful projects, appoint lousy judges persuading the CC & AG & SG. He can appoint the most dangerous ones as all three rapist forces’ Chief Officers. He still can appoint overruling PSC to acquit or convict the ones he likes on framed cases.

  • 2
    2

    Within The last 4½ years, the current coup is 4th one. Now it also has become another annual celebration, just like minority pogroms. So, EP can keep be presiding those events. Again, Ranil’s PM Seat is said to be targeted in the coup in progress. Probably this is the last Coup of New King in Yahapalanaya Aanduwa. Once the new EP comes, he can dismiss the current PM and appoints everyone anew to the cabinet. 13A is still under EP. No change on that. So he can fire them anytime and reappoint them.
    If Ranil comes as the EP by any chance, CBK may become the PM. Last time, UNP asked to take a seat in Parliament. She refused saying she will not go through UNP as it amounts she is changing her party. Now she is asking for a seat from SLFP. So, one should think that she is asking for more than a seat. She wants the party back. If she manages to come back to parliament before election, she may have some effect on the candidate to be selected.

  • 5
    0

    A cheerful heart is good medicine, but a crushed spirit dries up the bones.
    ..
    The wicked accept bribes in secret to pervert the course of justice.
    ..
    A discerning person keeps wisdom in view, but a fool’s eyes wander to the ends of the earth.
    ..
    Question is do we have crushed spirits? Can we rely on Justice? Are we being fooled for many decades?
    ..
    I believe the alternative camp’s destination is quite achievable. The question is do you?
    ..
    Are you still dreaming that the foxes will take care of the chicken farm?

  • 8
    1

    NJ great. It shows what a nitwit GLP is. Gota is aiming to be a eagle, but to end up as a crow. One exception. Naga is on a better mission. If the intelligentsia jointly supports him, the masses can change the constitution and totally eradicate corruption and social unrest. SP and JVP are bankrupt, they don’t seem to know what they are up against. Certainly we do not need the present constitution. A new one with smaller representation and with financial discipline is more than enough.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

  • 2
    0

    he can still appoint ambassadors and secretaries
    unlike the queen he may interpret head of the armed forces differently
    as emil said he may not consider legality in his actions and our courts will take a long time to decide
    on it
    so he could still have considerable power

  • 4
    6

    This is a clear example of an educated man trying to mislead Sri Lanka’s politically mature voters about the 19th Amendment.
    The Executive Presidency created in the 1978 constitution is too powerful to convert it into a mere ceremonial puppet by way of only a 2/3 majority in Parliament.
    It is laughable to see that the writer thinks the same channel that had been used to convert 1972 Parliamentary System into the 1978 Executive Presidential System could be utilized to do the reverse too!!!!!
    On the other hand, there is no clause in the 1978 Constitution to remove or transfer Presidential powers in installments.
    The existing practice of power sharing, or rather, the “donation” of presidential powers to Parliament and also to some random Commissions comprised of random people, by President Maithripala Sirisena is entirely based on his willingness and cooperation. It is still a mutual arrangement, NOT A LAW, as the 19th Amendment is a half done job without a Referendum.
    This is not a complicated matter.
    This is very simple to understand.
    The national government and the 19th Amendment are inter-connected.
    The “transfer of Presidential powers section” of the 19th Amendment is effective “only,” as long as there is a national government formed by the President and the Prime Minister, as they agree to work on a consensus based decision making.
    Hello Mr. Jayawickrama, you are a lawyer, I am a farmer.
    Give me one good reason why should the next President agree to a consensus decision making with the UNP government?
    The next President could exercise his Executive Powers IN FULL, as stipulated in the 1978 Constitution. There is no reason for him to be a self-proclaimed Collaborative President like Maithri.

    • 6
      5

      Champass

      “It is laughable to see that the writer thinks the same channel that had been used to convert 1972 Parliamentary System into the 1978 Executive Presidential System could be utilized to do the reverse too!!!!!”

      When did you qualify as a lawyer then train as a Constitutional lawyer to comment on ?

      Just read his qualification and experience not only as a lawyer but also as a constitutional lawyer:

      Nihal Jayawickrama graduated in law from the University of Ceylon and was admitted as an Advocate of the Supreme Court in August 1962. He practised in both original and appellate courts, and was elected to the Bar Council in 1968. In 1970, at the age of 32, he was appointed Attorney General, and shortly thereafter as Permanent Secretary to the Ministry of Justice, an office he held for the next seven years. This period saw the establishment of a new court structure and new civil, criminal and appellate procedures. He was a member of the Judicial Service Advisory Board, the Council of Legal Education, the Asian-African Legal Consultative Committee, New Delhi, and the Permanent Court of Arbitration at The Hague. He was a Representative to the United Nations General Assembly, and a member of the Committee that drafted the Constitution of the Republic of Sri Lanka.
      https://www.judicialintegritygroup.org/dr-nihal-jayawickrama

      • 4
        7

        Hindian Vedda
        One need not to be qualified as a lawyer to understand simple logic!!!!!

        • 4
          4

          Chimpa – Just like moron Namal Rajafucksha!

        • 3
          3

          Please go back to YOUR cage Champa. You would never win it before the knowledgble people.
          :
          All is clear today BP Gotabaya is still an US citizen, but your Godahewa gonthadiya makes it clear no, all iis clear that he has finalized the process. Do you really think that BP Rajapskhes could cheat almost everyone ?.
          .
          By the way, You can better replace with yourself as the toilet papers of Rajapashe family for your survivial if your oldest profession would not give any more chances.
          :
          You the kind of bitches would never see it right.

          • 1
            0

            Buramphisincho
            Your comment shows your education. No explanation is necessary.
            People like NJ are treated as knowledgeable as long as they have blind loyalty people who don’t have their own minds.
            Your only tool is slinging mud at people who have their own minds.
            I asked a simple question.
            You have no answer.
            But keep writing. Who knows, one day you will say something intelligent.

        • 2
          5

          Chimpa, you are neither a lawyer nor an intelligent life form. You are dumbbbbbbbbb!

          • 1
            0

            Tamil from the north
            I feel sorry for you guys.
            You brought Yahapalanaya into power and now stranded in high seas not knowing where to turn. When there is a straw like this, it is not a surprise to see you trying to hang onto it for survival.

      • 1
        0

        Hindian Vedda
        I asked a simple question. Instead of answering to my question, you are presenting the history of the writer, about what I have no interest.
        I shall repeat what I said in the simplest form like this.
        “Isn’t it laughable to see that the writer thinks the same procedure that had been followed to convert William Gopallawa a J R J, can be applied backwards too, to make J R J, a William Gopallawa?”

    • 1
      2

      “by President Maithripala Sirisena is entirely based on his willingness and cooperation. Modaya community lack understanding of what a (democratic) government is. Parliament is not a computer program which creates legislation. Parliament is a small-medium group with, which show human interactions. Parliament may not do something expected at the election and it may do something not expected to do. It is because parliament has authority and obligation to guess what the people want. Parliament’s reps, who are not master’s servant in the supermarket with his master’s shopping list, has no authority to go beyond it. Democratic government representatives are people servants , so neither political parties nor a Unity government is needed for them to decide what is good for people conscientiously.
      In 2014, as pot had reached to bottom shell, in 2015, they needed a National unity government to rob the remaining.

      Champawati just read here and there in the Sinhala Moda News and every time comes back with a new somersault. Major point, intellectuals put forward on CT was the EP never can be on the opposition side. He only can take one side, ruling. This is why earlier it was suggested, as soon as Duminda Dissanayake provided the later to cancel the Unity government, New King had to quit SLFP as he could not be in the opposition party, as per the 1978 constitution. Here 19A has no role to play.

  • 1
    2

    why don’t they call for an election immediately so that people can decide who is to lead them.? The UNP has lost the confidence of the people they are just hanging on to power. Please leave and turn the lights off before going.

  • 4
    0

    Dr. Jayawicrama, you may be absolutely correct in your interpretation of the 19th amendment. But, this is a very important but, the President will continue to have the power to appoint and remove the Ministry Secretaries, who are directly responsible for governing the ministries and have the possibility to sabotage any policies which do not fall in line with the President’ whims and fancies.
    Surely Gotabaya will appoint all his military buddies as Secretaries of important ministries who would form into a kitchen cabinet together with the members of Medamulana Clan, The real cabinet and the Minister’s will become mere ornaments of a fake democracy. Ultimately, it will be a very autocratic government, which will have no concerns for any democratic decision making.
    So pl do not underestimate the presidential power of the powers of the incoming president, considering that even Sirisena was not hesitant to violate his own 19th amendment.

    • 4
      1

      Under Article 52 of the Constitution, a Secretary to a Ministry “shall, subject to the direction and control of his Minister, exercise supervision over the departments of government and other institutions in charge of the Minister”. Therefore, the Secretary is subject to the direction and control of his Minister, and not of the President or the Prime Minister. This language was first introduced in the 1972 Constitution.

      • 1
        2

        Nihal Jayawickrama

        According to records you were the Permanent Secretary to the Ministry of Justice when the 1972 constitution was drafted and then passed in the parliament without consent being sought from the general public.

        There was no referendum held to test the will of the people regarding the new constitution, including the change of the name of this island from Ceylon to DEMOCRATIC SOCIALIST REPUBLIC of Sri Lanka and completely changing the state from its Secular nature to a state that “gives to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana” .

        What benefit did the name change bring about to the ordinary people?
        What benefit did the addition of Chapter II to the constitution bring to the ordinary people?
        Do you regret making these changes?

        • 1
          1

          Native Vedda,

          (1) At the 1970 general election, the United Front, in its manifesto, asked for a mandate for the members elected to the House of Representatives to constitute themselves into a Constituent Assembly that would draft, adopt, enact and operate a new constitution that would declare Sri Lanka a free, sovereign and independent republic. The UF won more than two-thirds of the seats. That was regarded as a sufficient mandate to adopt a new constitution outside the existing legal order. The Constitution was not adopted by Parliament (despite the 2/3 majority), but outside it, thereby breaking away from the legal order established by the colonial ruler. MPs of all the parties, expect those of the FP, voted for the 1972 Constitution.

          (2) The 1972 Constitution established the “Republic of Sri Lanka” It was the 1978 Constitution that changed the name to “Democratic Socialist Republic of Sri Lanka”.

          (3) I agree that religion has no place in the constitution of a secular state. It is unfortunate that meaningless provisions such as “unitary state” and “Buddhism shall be given the foremost place” found a place in both constitutions.

          • 1
            0

            Nihal Jayawickrama

            Thanks
            I understand the process by which the new 1972 constitution was adopted however I also believe in direct democracy. Therefore any major changes to constitution should be tested in a referendum.

            The manifesto contains variety of promises in order to satisfy as many voters as possible and attract them to vote for a particular party, promises such as 8 measure of free rice from the Moon and so on. At the time of hustings no one knows what shape the constitution is going to take, and it may include articles that are unsuitable for the country. The voters would not know the details until the new constitution published.

            People need to study it and vote for it or against it in a referendum.

            Brexit has the same problem. People are yet to see the final form and content of the brexit agreement however the right wing noisy minority wouldn’t give the people the opportunity to vote on it.

            This is what happened in 1972 and 1978.
            It would be a mistake or in fact a major disaster if we don’t demand a referendum to approve new constitution. The 225 MP’s cannot be trusted with drafting, adopting, enacting and operating a new constitution. We cannot afford more oversights on the part of MPs, whom we have elected over the past 72 years and regretted later on for having elected them.

            People must have final say on any final draft.
            We know while at the drafting stage lot of lobbying takes place from vested interests.

            Thanks for your comment.

          • 0
            0

            Nihal Jayawickrama and Hindian Vedda
            Oooooooooooo, the cat leaped out of the bag, hey?
            Let’s see the last para above, marked as (3) which says “It is unfortunate that meaningless provisions such as “unitary state” and “Buddhism shall be given the foremost place” found a place in both constitutions.”
            Well, well, well. This one line shows who the real Nihal Jayawickrama and what is his motive.
            The unitary state and Buddhism are meaningless provisions to Nihal J.
            In other words, he supports a federal constitution and a secular state.
            Finally, thank you for showing your true colours.
            This article is full of fallacies.
            The next President can exercise his full executive powers. There is no barrier at all.

      • 1
        0

        Nihal Jayawickrama
        You made me laugh.
        Are you saying a Minister who is at the mercy of the President for his appointment and removal both, is above the President and the Prime Minister?
        It can only be possible if the President is “appointed by a Minister” and not by voters. This is ridiculous.
        If you have forgotten, if a Ministry Secretary or a Minister goes above Presidential orders, they can easily be fired by the President for insubordination.
        There is no logic in what you say.

  • 3
    0

    Well written Dr, please publish this article in sinhala and tamil as well. Strangely, we do not come across of your calibre at present, there are many, I am sure serving else where.

  • 2
    0

    @Ad
    Heh ! Hei ! I second your thoughts. Wish there more voters aware of NK?
    At this grave juncture SL needs to take a CLEAN SWEEP AND A CLEAN ROAD TO RECOVERY.
    PLease no more swollen headed Mad Dirty Dogs ruling us.

    • 2
      0

      JD
      I meant to say please no more Mad, Bad , Dirty , Swollen headed DOGS to lead our Srilanka.
      God save us from these Mad, Bad, Dirty , Swollen headed Sick dogs.
      Give us Strength and Lead us through a new Path. Totally new. Our fervent wish.

      • 1
        2

        Analyst: It is happening. I heard, Mangala is spending the $ 480 million already. they are building some scientific labs, , probably for schools, money spent for that is MCC money.

  • 4
    1

    The foremost requirement for a head of government (if that is “President”) he should be uniting the people together to bring the peace that is necessary for the country enable to economic development. The country is divided by races, religions and languages and the country lost its development potential for past 70 years. Sinhalese, Tamils, Muslims constitute this nation and they should be part in electing President or Prime Minister. Therefore, it is necessary that they should get at least 50% support of all three communities.

  • 4
    15

    What a stupid argument! A new President without a formal portfolio can implement policies, if his party wins Parliamentary majority. He may have to wait only until March 2020. Yet, defense and national security would be under his firm grip. We can see how the present Ministers or even the PM going (begging) behind him during this interim period. Formal portfolios might be a hindrance to a ‘go-getter’ in the long run. Look at how the Russian Presidency and the system work. Does Putin have any portfolios! Possibly, Jayawickrama knows only about the Sri Lankan constitution! He does not have international or comparative perspectives. He dreams and believes that that the 19th Amendment that he advised through is a new constitution! What a funny and clumsy fellow/argument. According to my reliable information, he is the person who advised the constitutional drafters that the 19th Amendment is sufficient, no need to abolish the elected presidency or seek a referendum from the people for that matter. These are the people who distorted and crippled the aspirations of the people who wanted a proper democratic/constitutional change in 2015.

    • 6
      2

      Dr Fernando,
      we lost our respect maintained to you, with your mediation of support given to their OCTOBER crisis artected by BP Rajakshe. You can Mr Selfproclaimed analyist DJ are now together to abuse the very same audience you think i guess ?.

      And we are all not reborn, the way you unanimously, heartlessly, supported the doctorates awarded to them while you were still an active prof in Cmbo Uni remeber ? Or alzheimer may have blocked your proper thinking in between ?
      :
      Nevetheless with some respect, you ve been a chronical patient in maligancies, I do think you be away from not coming to support the rascals again, dont let this country to be torn by rajaapkshe rascals again.
      Teach the buggers., to respect country s laws being away from active politics. If you or another would feel that GOTABAYA could bring what all other leaders fail sofar, that should be a day dream. Besides this BPs did lot more harm, not even being able to safeguard the basic human rights remember ?
      CW nations warned it by end of 2014, the way they handled the issues not respecting CW values.

    • 6
      2

      Laksiri Fernando

      “Possibly, Jayawickrama knows only about the Sri Lankan constitution! He does not have international or comparative perspectives. “

      FYI

      From 1997 to 2000, Nihal Jayawickrama was an Executive Director of Transparency International at its secretariat in Berlin. Since 2000, he has been an independent consultant on governance, judicial reform, and anti-corruption strategies. His work has involved collaboration with several governments, legislatures and/or judiciaries including those of Libya, China, the Russian Federation, Lebanon, Nigeria, Ghana, Kenya, the Seychelles, Turkey, Afghanistan, Sierra Leone, Indonesia, the Pacific Island States, the Philippines, Egypt and Armenia. He coordinated a pilot survey of court users and stakeholders in Sri Lanka to identify the nature and extent of corruption in the judicial system, and prepared a judicial ethics curriculum and manual and conducted training sessions for judges in Nigeria. He has served on expert groups that developed a UN Technical Guide on Strengthening Judicial Integrity and Capacity; a UN anti-corruption toolkit; a UN Technical Guide to Promote the Implementation of UNCAC; and a framework for preventing and eliminating corruption in judicial systems. He was a member of the advisory group on the project on corruption and human rights of the International Council on Human Rights Policy, Geneva.

      Rest of his profile can be accessed from
      https://www.judicialintegritygroup.org/dr-nihal-jayawickrama

      Karma, karma, karma, karma, karma chameleon
      You come and go, you come and go

      • 3
        2

        Thank you Mr NV.
        .
        I have no doubt, that Laksiri Fernando should have to go to his cage again.
        :
        You have proved that the writer has exp also about other constitutions and other systems.
        :
        Fernando is abused by Rajaakshes men for their come back. I really dont know that this man being that old seem to have no commonsense yet. He is no better to that Mahidna gonthadi pala.. who has always been against TAMIL srilankens.

    • 1
      2

      “What a funny and clumsy fellow/argument. “
      A “Sinhala Buddhist Intellectual” means an unusual strange species, walk with legs and eat with hands of Wildlife Sanctuary, SinhaLE, Lankawe. Conscientious, respectability, honorary (Gowravam – I don’t know the exact English word), statesmanship, gentleman-ess, those all are yet to be invented within this class. Though we support the manner CT allows the comments freely appear without meddling editing, but sometimes, when we see that too small people sharing the web, we too wonder what if CT becomes more aggressive. We know, like us, few others too would be wondering here, what if Laksiri Fernando had used at least two or three sentences to discuss the essay, instead of everything about the writer.
      It is not “Sleepwalking Into Anarchy” after the election, but Anarchy is the Law of the Land from 1948. And Hypocrisy is the virtue Sinhala Buddhism preaches. Otherwise how the Human flesh meat producers to feed their animals can be offered DSc. in War Crime as an honorable degree from a place in Lankawe called university?

    • 8
      1

      Laksiri Fernando,

      Your “reliable information” is absolutely incorrect. I had nothing whatsoever to do with the drafting of the 19th Amendment. In fact, I published a critique of it. I had nothing to do with the drafting of the new constitution; nor have I had anything to do with the present Government.

      • 8
        0

        Dr. Nihal Jayawickrama, Laksiri Fernando proves time and again that he thinks no end of himself. He doesn’t deserve your attention.

      • 4
        0

        Nihal JayWIRKAMA,
        dont take it serious when it comes from the lips from Laksiri Fernando: As some other commenters already added, he himself was masterminded making Rajakashes Doctor title holders even if their theses were based on ” dehumanization of srilankens for family s political survival”:
        How come a former professor in history to fall this down ? I wonder why the low levels professors too get their demencia only towards the kind of crucial issues.
        When woudl these men grasp it if not today ?

      • 1
        0

        Nihal Jayawickrama denies that he has nothing to do with the 19th Amendment. Let us accept his excuse. However he advocates that the 19th Amendment has fundamentally changed the constitutional system from a presidential system to a Westminster type parliamentary democracy! After Sirisena interim period, he dreams that the new President would be like William Gopallawa! How come that this has happened without a referendum? If there has been some manipulation with the connivance of the judiciary, is this sustainable or constitutional? No doubt, constitutions are governed/interpreted by politics; not totally but largely, particularly in unstable democracies like Sri Lanka. This is the case of the present 19th Amendment to which he is also a party. I recollect how he came to argue with me on ‘Eye to Eye’ even without my knowledge until the last moment when Federica Jansz had invited me to the program. That time he was completely opposed to changing the presidential system on the pretext that it should not be done without a referendum, even through a Constitutional Assembly like in 1972. This is the opportunity that the country missed even in 2015. Who should be blamed? It is possible that he is now crossing the political line/allegiance! It is clear from his reply to me when he says ‘I have nothing to do with the present Government.’

        • 0
          1

          ” I recollect how he came to argue with me on ‘Eye to Eye’ even without my knowledge until the last moment when Federica Jansz had invited me to the program. “

          OOOOOOOOO! Is that what provoked all these halabuloos? Where is that person called Jansz? How can she plot against and upset our learned professor when he came ready only to an interview but not for a debate? If she didn’t destroy our professor, that day itself he might proven that Old Brother Prince was completely innocent in Lasantha murders case!

          (All these guys only show off how pretty they are in their every turn, if they open their hearts. It seems he is still carrying in heart the revenge of the loss of debate to Dr.NJ that day. So disappointing! )

    • 3
      1

      Laksiri,
      I thought you are a well educated well thought left oriented professor who will always look for politically, economically and socially deprived citizens welfare. I never thought you are on the side of a racist, fundamentalist family that never honoured what they promised and complete violation of human rights, murder of number of journalists and human right activists.
      You and I know well that the defeat of the LTTE is not the result of Mahinda Rajapakse and Gotapaya Rajapakse alone. It is a result of many contributors and many factors nationally and internationally including India, and USA. The question is whether Mahinda Family did it for the country or did it for their personal benefit? when you decided to give doctarate to Mahinda and Gotapaya Why you excuded the heads of armed forces? There are number of mothers looking for their children who surrendered to the army with the mediataion at the end of war. Will you offered the doctarates for killing those children?

    • 1
      1

      Laksiri Fernando made the good argument. [edited out]

    • 2
      0

      This is not the way for an academic to write of Nihal Jayawickrama who had taught public law at Hong Kong and Canada and held positions in international bodies.He cannot be accused of ignorance of comparative constitutional law. Laksiri Fernando must state his credentials so that readers can compare them. Putin is a dictator who manipulated a failing system to become a strongman. The comparison is not apt. The system under our constitution is not a satisfactory one. MR had indicated, in an interview in the Tamil newspaper Virakesari, that the position of the PM is more powerful than that of President. That seems to be the correct view.

  • 5
    1

    What Ad says is the crux of the matter. No point in continuing with the present system. Only Naga K is there to change the system.

    • 1
      0

      Agreed, a ceremonial President is a burden on the people of SL. Do the provincial councils have any purpose now? We need fresh thinking. We need to eliminate corruption, nepotism & mismanagement.

      Will Naganada K abolish the ‘not fit for purpose’ Presidency & corrupt Provincial Councils, as well as, unfair perks like duty fee vehicle permits & cut down unnecessary expenditure of a bloated Parliament? If so, untested he may be but he has my vote. As a lawyer, standing up to injustice, I will except his pledge as sincere. In this case, I would rather take a chance on an unknown angel than the known devils.

  • 1
    0

    Quite amazing, no less than fifteen articles about Gota on today’s front page. When was any other Sri Lankan politician so admired or feared?

    • 1
      0

      Lasith

      “When was any other Sri Lankan politician so admired or feared?”

      I am not sure as I do not know any sane minded person has already researched into comparative/relative popularity or notoriety of a politician, crook, war criminal, looter, hangman, criminal, crony, ………….or a state functionary.

      The discussion is futile.

      However if anything people must weigh in his callous attitude towards life and/or death. You should always remember Benito Mussolini didn’t run train on time.

      It seems Gota the National hangman fear for his life as well as his comrade in arms. Already he has made his position clear. In the name of Northern terrorist he is going to tighten his grip on the people.

      State Terror Bosses are never short of ‘alleged death threat’..

  • 4
    0

    ..walking to anarchy???….. I thought we are already there.

  • 2
    5

    Demalu hate King Gamini Abhaya (aka Dutugemunu) for defeating Para Demala Ruler Elara who tried to colonize Sinhale. In the same token ‘Koti Demalu’ hate President Mahinda Rajapakse for defeating LTTE under the leadership of VeluPillai Prabhakaran who made an attempt to carve out a part of the country and create a separate State.
    What Demalu who are the descendants of slaves brought by colonial parasites think about Gotabhaya is immaterial. Native Sinhalayo love Gotabhaya, except perhaps few two legged donkeys in the Unpatriotic National Party.

    • 3
      0

      BP Mahindapala aka EE,
      please mind your lanaguage. We dont want you to represent us the sinhaalaya. You are an ultra racist.
      Go back to the excreta pits of BP Rajapkshes so that we can feel fine.
      You as an octagenarian will have no that many years ahead of you.
      Please try to learn to respect all as srilankens.
      We the sinhalayas are even worst than our minorities: That we go tto see also in very recent incidents.

    • 0
      3

      Salagamas came from Saligramam to peal cinnamon. Karawes came to fish from India. They call themselves descendants of the Kaurawes. the berawes and others were also brought from India. Who are the native gon Sinhalayo,

      • 3
        0

        Sorry Kabaragoya, we all came from Africa ultimately! So dividing ourselves into recently designated Categories, like Races and Castes shows how Uneducated you are!!

    • 3
      1

      A man in his 80ties (mahindapala, most known racist living in down under) by name Evil Egle.
      repeat the term DEMALU….. (this is insinhala a derogotary term) but repeatedly he has been on that. This man should go to jail if we cant silent himi any more. How come you wait others to become non-racists while you as an ultra senior seems tohave grapshed th eleast not being racial ?:
      :
      Tamils as I learnt in the school, were still there in the country so as the sinhalese.
      : so your arguemtns even if you would repeat it further cant be a fact.
      Besides those tamils brought from British are in plantation line rooms yet today. Unfortuantely, that again prove how racial politicians have been… In UK or where you are in down under before 8 year are gone since you are there, you should have been given the citizenship. So then those tamils living in Plantation line rooms not to have be given the citiizen ship is greater question to me.
      I am born sinhalaya but moved myslef out of country long ago.
      I stayed back in Europe after my education. I also lived in Australia.. Now i dont call me sinhalaya but a srilanken living in EU.
      .
      Dont say native sinhalayo love Gotabaya. Those known to me hate the BP Gotabaya. If they could they woudl like to hang him by his balls for one reason, him to have not surrendered or respected lanken law and order.
      :
      Why should we choose a nominee from a family whose admistration made OUR folks eternal chinese debtors. Why should we respect the buggers any more: To me, if a tsunami or natural disaster woudl ahve work on them, could leave me in peace. I hate Rajaakshes for one good reason, they only hoodwink the poor for their political greediness.

  • 1
    1

    The constitution is getting more and more irrelavent these days.

    Every man for himself _ Wild West_ seems to be the way forward

  • 0
    0

    Thank you for the excellent piece Dr.Jayawickrema, so lucidly presented.

  • 3
    0

    Dr.Laksiri Fernando,
    By reason of your academic background, people expect you to use polite language when commenting on Dr.N.J’s presentation. Your ad hominem attacks, very disappointing. See how politely Dr.NJ has responded to your comments.

  • 3
    0

    Native.
    I had occasion to have met Dr.Nihal.J. at a house party in the UK[ Harrow to be precise!] somewhere in 2003 or thereabouts.He of-course is a distinguished nephew of a former DISTINGUISHED judge of the Supreme Court Justice T.S.Fernando.
    Strange language from Dr.Laksiri Fernando in response to this essay by Dr.Nihal.J.!
    A very important and interesting question has been raised:
    Why is there such a hue and cry for the Election of a President after the 19th Amendment?!
    Is it for the perks and the limousines tied up with the post? or is it for the title President?

    • 1
      0

      Plato

      “Strange language from Dr.Laksiri Fernando in response to this essay by Dr.Nihal.J.!”

      Like Dayan, Laksiri has completely lost his faculties since the Sinhala/Buddhist noisy minority won the war which was helped by VP, Hindia, USA, & 30 Other Countries during the prosecution, victory of and after the completion of the war.

      From time to time you would have noticed a little Sinhala/Buddhist lion jumping out of his belly.

  • 1
    1

    Sri lankan political system and the politicians are highly corrupt. Over the years, Legislators have changed laws to suit that. The major work of politicians is to support the International community needs. Educated do not talk about those. Instead they write about special interest groups needs.
    The last things Srilankan political system wanted is an electoral college which over takes the rights of voters and then the electoral college decides who the president or the PM is
    The name can be anything. President has a PRIVATE – fund with a hidden budget.That is for the parliament’s personal uses. Sri Lanka does not need both the President and Prime Minister because they start sabotaging the president. Who ever selected executive should be elected by the people and not by the corrupt parliamentarians or an electoral college which can be bought by businesses or by the International college.
    At present, the majority is subdued both inside the parliament by minority political parties and by NGOs and UNHCR outside the parliament.

  • 0
    1

    Its is unfortunate, with so many power hungry leaders trying to elbow their way to the Presidency, using power plays, conspiring, making devious moves, and making pacts with the enemy, we do not have single candidate that gives us the confidence, nor the guarantee, that they will put country and people before their own greedy personal ambitions. Not one decent politician out there.

  • 0
    0

    Pandemonium , lawlessness and chaos are few synonyms for anarchy .
    That is exactly what we saw on two occasions within a space of six
    months starting from October last year to the April Easter Sunday.
    Sirisena and Mahinda seeking presidency in 2015 from the same party
    (Sirisena didn’t resign from S L F P ) and just two symbols was another
    situation where law became lawless ! People voting for such lawlessness
    was obvious anarchy I believe ! About 15 or more MPs from U N P
    serving under U P F A without the consent of their voters and without
    any disciplinary action from U N P was another rehearsal for playing into
    anarchy ! Now , the opposition leader becoming the leader of another party
    at a widely publicised event , without any hesitation or doubt in mind
    and without giving up on his membership of another party that elected him ,
    not a sign of chaos ? The only difference we have with real anarchy at the
    moment is , absence of popular mass reactions on streets .

Leave A Comment

Comments should not exceed 300 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically shut off on articles after 10 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.