19 June, 2019

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The Presidential Hopefuls – Have They Not Read Article 43? 

By Nihal Jayawickrama

Dr. Nihal Jayawickrama

The national poll for the election of the next President is required to be held between November 8th and December 8th this year.  Since the incumbent President has now indicated that he might not be seeking re-election, Sri Lanka’s next President will assume that office as soon as the result of that election is declared by the Commissioner of Elections. Several potential candidates have already emerged. In fact, any elector who has attained the age of 35 years, is not a citizen of any other country, has not been twice elected to the office of President by the People, and is not disqualified from being elected to Parliament, is eligible to be a candidate provided he/she is nominated by a recognized political party or, if he/she has been an elected member of Parliament, by any other political party or by an elector.

Parliamentary Government from 2020

Several of the potential candidates have already begun announcing their policies and programmes.  Some have done so at well-attended, lavish meetings, in 5-star hotels, while others have used social media to do so. These policies and programmes deal extensively with economic, social, national security, and other similar issues crucial to the governance of Sri Lanka. One candidate has even announced the text of a new constitution he intends to introduce. Our newspapers regularly devote several columns to critical analyses of these proposed policies and programmes. Has no one yet realized that under the 19th Amendment, the process of replacing presidential government with parliamentary government will reach fruition on the day that President Sirisena ceases to hold office?  On and after that date, it will be the policies and programmes of the political party securing a majority in Parliament that will be implemented throughout the country.

Next President cannot also be a Minister

Article 42 of the Constitution states 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. Under Article 45, only a Member of Parliament may be appointed a Minister. It was an unprecedented transitional provision in the 19th Amendment that enabled 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 not be entitled to assign to himself any Ministry or any subject or function of government; not even the subject of Defence.

Role of next President

What then will be the role of the next President?  He/she will be the Head of State, the Head of the Executive (i.e. the Government), and the Commander-in-Chief of the Armed Forces. That is precisely what President William Gopallawa was under the 1972 Constitution.  Indeed, even under the 1946 Constitution, executive power was vested in the Governor-General.  All of them – Sir Henry Monck-Mason Moore, Lord Soulbury and Sir Oliver Goonetilleke, received copies of every Cabinet memorandum every week, and was then informed of the Cabinet decisions by the Prime Minister at the customary Wednesday lunch at Queen’s House. The only recorded instance of a Governor-General attending a Cabinet meeting is of Sir Oliver during the 1958 Emergency. In terms of Article 42, which the 19th Amendment appears to have overlooked, the next President will continue to be the “Head of the Cabinet of Ministers”. This probably means that he may chair meetings of the Cabinet, as the Speaker does meetings of Parliament. He may offer his opinion on Cabinet Memoranda and even initiate a discussion on a subject close to his heart.  What he will not be able to do is seek to implement his “policy” in respect of a particular subject, since that would be to trespass on the territory of a duly appointed Cabinet Minister to whom that subject has been assigned.

President acts only on advice

The 19th Amendment has already: (i) removed the legal immunity enjoyed by the President; (ii) repealed the absolute power which the President enjoyed of appointing Judges of the superior courts; the Attorney General, and other senior officials, and required him to do so only upon the recommendation of the Constitutional Council; (v) repealed the absolute power which the President enjoyed of appointing the independent commissions, and required him to do so only upon the recommendation of the Constitutional Council; (vi) repealed the absolute power which the President enjoyed of dissolving Parliament at any time, and enabled him to do so only at the request of Parliament, except during the final six months of its term; (vii) repealed the absolute power which the President enjoyed of appointing Ministers and Deputy Ministers, and required him to do so only on the advice of the Prime Minister; (viii) repealed the absolute power which the President enjoyed of removing a Minister or Deputy Minister, and required him to do so only on the advice of the Prime Minister; and (ix) repealed the absolute power which the President enjoyed of removing the Prime Minister from office.

Traditional powers of a Head of State

The President will, of course, continue to enjoy the traditional rights of a Head of State.  He may declare war. However, his declaration of war will not be effective or operational unless the Minister of Defence provides the necessary manpower and weaponry to engage in warfare. He may appoint an ambassador, but his nominee will not be able to enter the territory of the State to which he has been accredited unless the Minister of Foreign Affairs has sought and obtained the “Agrement” of the receiving State. He may declare a state of emergency, but that declaration would be futile unless the Cabinet of Ministers provides the human and other resources to enforce it, and the declaration is then approved by Parliament.  He will make the statement of government policy at the commencement of each session of Parliament, but that policy would not be his, but of the Cabinet of Ministers as presented to him by the Prime Minister. 

Conclusion

If, in full and complete knowledge of the purely ceremonial nature of the office of the next President, some still wish to seek election, one must assume that their interest lies not in introducing and implementing some grand reform measures and welfare programmes (which the next President will not be able to do), but in satisfying some element of self-conceit or self-admiration.  If that be the driving force, why should billions of rupees be squandered, and the personal security of thousands of citizens put at risk, by conducting an island-wide election for the office of President? As very sensibly proposed by the JVP in the Bill for the 20th Amendment, and as is the practice in many other democratic countries including our neighbour India, does it not make sense to elect a nationally-respected person of knowledge, experience and integrity to the non-political high office of President of the Republic either through Parliament or by a democratically constituted Electoral College?

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Latest comments

  • 7
    23

    What a typical legal academic, to confuse legality with legitimacy and the real dynamics of politics. His scenario applies only in a situation of ‘cohabitation’ in which the President and the Prime Minister are drawn from two different and opposing parties. In the more likely scenario of the parliamentary election going the way of the presidential, or vice versa, the newly elected president — as that representative of the party/coalition who has won the consent of a majority of the island’s voting population, will have the legitimacy that makes him an equal partner, at the least, of the Prime Minister. It will be a duumvirate or duopoly.

    • 7
      1

      Dayan,
      If the President and the Priminster are appointed from two different political parties please can you let me know which party policies are iplemented? Can the President overule the PM in such a situation?

      Isn’t it obvious that if both are from the same party they would implement their party’s manifesto?

    • 10
      2

      There is no confusion in the facts produced by Dr Nihal Jeyawickrema. Every Presidents in the past at some point promised to get rid of this monsterous executive presidency. Every one who are strongly and truefully love Srilanka realised that this is not suitable for our nation or people. Billions will be saved and there will be peace in the absence of executive presidency.

    • 10
      1

      Re Dr.D.J.
      Dr. D.J often falls victim to the dichotomy of his undoubtedly precise, sharp political theory and his imagined comfort zone- that of the apparatchik, political activist or pure politician. Take your pick.
      In his ‘Dreihundert Jahre Leviathan’ Carl Schmitt makes an intriguing observation. “There is nothing people would rather believe than that the author of a book about the Leviathan licks the blood-stained boots of his subject.”
      In our case the Leviathan is chained. It is inconceivable that this parliament will unchain the monster.
      This disdain for legality and the vulpine presumption of legitimacy (produced by Weerawansa types) is not surprising.
      We are not in the same predicament of the Weimar republic of 1933. Whoever who wins the Presidential Election will not have the authority to dissolve parliament. There is a limit to the supply of Wijedasa Rajapakse types.
      Although it saddles us with the charmless prospect of our suffering the arrogance and insolence of a nincompoop leading a disparate pack, it will be the next parliamentary elections that will determine the direction of the republic.
      Did you notice Tissa Vitharana handing over a petition to US citizen Basil Rajapsakse urging him to cutoff ties with the US?
      If these imbeciles get to parliament, we should worry not about legality or legitimacy but on how to retain our sanity.

    • 7
      1

      Hello DJ,
      Didn’t you see how the SC made the distinction between legality & the legitimacy very clear by declaring MY 3’s removal of Ranil from the PM post illegal? Also, what legitimacy can there be without a legality? Most importantly, since no elected body/person would dare to harm public well-being a legitimacy of a proposition by executive branch held by a single person can easily be outweighed by a much more balanced view of a larger body of a cabinet; this will be more so with a person like MY 3 who makes idiotic proposals like banning the import of chainsaws to stop illegal logging!
      BTW, you have a proven history for standing for the Exec Prez that offer you jobs irrespective of the “legitimacy” of the behavior of that Prez, don’t you?.

    • 4
      1

      Bogus Dr – It appears you are longer at your desk in Moscow. Are you putting your two cents worth from a restricted area that you periodically visit?

    • 5
      1

      Dayan; the Only Solution is to abolish the Position of ‘President of Sri Lanka’! Why do we need two Heads?

    • 3
      1

      A) Can anyone advise me as to why HE The President can remain as a Party Leader like HE M.Sirisena whilst being the President? As the President of SL he is President for all Sri Lankans and should give up Party Politics & remain neutral?
      Why has Parliamentarians not brought out this matter under the 19A Amendment? Party Politics ???

      B) Should not a Referendum be sought to disallow changing one’s Party after being elected? If an MP changes his Party his Parliamentary Seat should be forfeited & a by election held?

    • 0
      0

      Sri lanka should restructure the parliament. there is no need of Speaker, Prime minister, Sabha nayake, particualry, there is constant confrontation between three people PM and PREsident or speaker and PResident when PRESIDENT is the ONLY person elected by the People and not SPEAKER, I think, is a National list appointee, PM is elected for an ELECTORAL district and not even for an Electorate.
      So, Jayawicrama is saying give the power to electoral district elected people or national list MPS (in this case) over the people elected president. As that is the case, Strengthen the PResident’s Power and introduce suitable checks and balances.
      In straight speaking, USA – HyperState and NATO are hell bent making Sri lanka a their colony and probably becomes another THAHITI. or PUERTORICO. Now, Puertorico is dirt poor and in debt. USA is asking them to pay the debt.

  • 18
    0

    Presidential hopefuls don’t care about the constitution. They only care how they can loot the country if elected.

    • 3
      1

      Steve – “They only care how they can loot the country if elected.” That is why Medamulana Meeharaka Percy Mahendra Rajafucksha and cronies want to stage a come-back so that they could eat the rest of the pie.

  • 2
    8

    In a Republic, legitimacy derives from the fact of election by the nation as a whole, a phenomenon strengthened by a direct election and the obtaining of over 50% of the votes cast.

    • 5
      0

      DJ
      But the way elections are conducted denies the vast majority the opportunity to assert their views. The system is loaded against a genuine choice for the people.
      Democracy is not about choosing between a handful of evils.
      The people should as small groups elect deputies who with in turn elect higher bodies through prolonged deliberation.

    • 1
      0

      DJ,
      Election Gives the legitimacy only to step into the position; but, the legitimacy of work is strictly a function of the quality of ideas. Getting elected itself doesn’t give a legitimacy to screw up a nation!

    • 2
      0

      Election is legal process,but democracy is a theme, a concept. Election process has to be constructed for the democracy to submerge from its hidden, under the sea status.

      In Lankawe, Presidential, Parliament & Local all elections made to differ and manipulated to beat minorities in the particular divisional environment or demography.

      If in one type election Tamils are leading then, standardization and when Tamil are losing then they insist merit. That is what has produced only imbeciles like Thero de Cuban Community PhDs. Their value is not even comparable to the ash pumpkin used in exorcism (Kazhippu Kazhichcha neethu Poosani Kaai; at end they cut out it, spread Kumkum on the open flesh, then leave it in the cemetery and walk away fearing the ousted ghost had come to live on that.)

      Idiot JR that time went one step ahead and thought the monitories will be always voting for him even if he skin them, so he put parliament in PR and Presidential in direct. Then he distanced the Tamils and now for more than 25 years, UNP could not come to power either in EP or Parliament. But, that cunning Modaya JR is very smart administrator for the Sinhala Intellectuals (JR Mahata harray tough nee?). That funny man brought 6A to squeeze the neck of Tamils and pampered the Lankawe’s again and again born Arabians. He even impeached Tamil Opposition leader with the support of Again and again born (Probably, in 1980s, it was only to be born) Arabians. Now Old King is in JR tarp (JR Circus?). He bombed, burned & killed minorities until they de-seat him. So Old Royals may not come to power for another 25 years if Mangala & CBK union like one start to control UNP and SLFP. Old King Modaya Hitler changed only presidential terms in 18A, but never grasped the failed JR factor in isolating minorities.

  • 10
    0

    MS must be ready to home and plough his land now. paddy field now soon. What idiots are Sri Lankans with the history of so many academics, and professional to elect this kind of man who does not speak a word in English? who dose not have a degree at all? who does not have any skills to think forward for the nation. why crime 22 million Sri Lankans have done to have this man. Although, late president Pradmada did not have degrees he educated people. He was surrounded by highly educated people. He respected highly educated people. Who is surrounded MS : Thugs like Gnanasara and co.. Like his Brother who is responsible for so many crimes. MS is becoming a like thug. so, 22 million Sri Lankan must think twice before voting for him again. His days are over. he is lucky one to have this post. One in million Sri Lankans will have this luck. Never Sri Lanka will have a president like this.

    • 2
      1

      Tamil Man talking of idiots, yes you are absolutely spot on.
      Look no further than the GOP, the Civil Societies and other smaller parties and ………….. therein you find the entire bunch of idiots of the Nation Including the Minorities and their parties (did not mean to insult you) in that block vote of 6.2m voters

      Also, Tamil Man you seem to stand on your tail when you say “he does not speak English, does not have a degree at all, any skills to think forward” ……… You have conveniently overlooked the cardinal principle “UNIVERSAL FRANCHISE”
      This is the basis on which the Democracy practiced worldwide today.

  • 8
    0

    DJ, did not get your diplomatic post by saying this. Pujitha says, you lied and cheated to get it. Which one is the truth???

    • 6
      1

      Dr.DJ got his post through back door. His job was part and partial of Mahinda Family & Sirisena political coup of October 2018 followed by the bomb blast coup of 21st of April 2009. That is the truth.

      • 1
        0

        Ajith,
        DJ’s PhD thesis was titled “The Political Thoughts of Fidel Castro”.

        It is said that around 94 of present MPs do not have even O Level education.
        How will they understand the constitution?
        Required educational standards appear missing from the proposed constitution – naturally, as the most of the framers are lacking in any useful education.

      • 3
        3

        Ajith,
        DJ was vetted by a parliamentary committee. In comparison to envoys whose only claim is the membership of the UNP ex co. Not to forget their well tuned saliva glands that make them consumate boot lickers of Ranil . Dayan is a highly acceptable envoy in Putin’s republic. We must not be myopic and subjective in assessing our diplomats. If JRJ was not influenced by his petty minded brother Harry Shirley Amarasinghe would have become UN SG. If Kadirgamar was not petty minded Jayantha Dhanapala would have reached the same heights. We can differ in our convictions. But we must have those common graces of civility. The fact that Dayan advocates politics of inevitability does not make him a bad diplomat in Putin country. In fact he is the best choice to further our national interest in King Valadimir’s court.

  • 10
    0

    DJ, did not get your diplomatic post by saying this. Pujitha says, you were asked to lie and cheated to get it. Which one is the truth???

  • 2
    0

    DJ, which did you lie to get that diplomatic post? It’s Russia, must have been a quite big lie.

  • 1
    0

    DJ
    among his poor choices was that he gave an unemploed graduate a job despite a multitude of objections
    when it comes to the prez elections do you support him or the pohottuwas choice
    the unp is unlikely to nominate your arch enemy dr ranil

  • 1
    1

    dj
    you have at last come out of the wood work after being silent for a long time
    is it because self conceit and self admiration describes you best

  • 10
    0

    I am unable to understand the logic of DJ’s comments. The author of the article is not confusing anybody. As a legal expert he is expressing his views about the legal status of the President, specially after the 19th Amendment. 19th Amendment is now part of the Constitution, and many of the the powers of the Executive Presidency have been take off. The President who will be elected in the next election will only be a ceremonial head. Just because a President and the PM who get elected belong to the same political party/group, the situation does not change. Legally the president will be a ceremonial head. This is what the author says. Is it necessary to spend huge amount of money and other resources just to elect a ceremonial head ? This is he question he is posing and this is a legitimate question.The author is very clear. It is DJ who is confusing. Just because the President is elected by popular will, he will not be sharing equal power with the PM automatically.

    • 7
      1

      It is unfortunate that over 42 years have elapsed since this country had a parliamentary system of government, with a Cabinet drawn from, and accountable to, Parliament. Consequently, the majority of people in the country have probably not experienced life under that system of government, and have been conditioned to the presidential system, and therefore accept the presidential system as inevitable. I am old enough to have experienced life, as a student, as a lawyer, and as a public officer, under a parliamentary system with a constitutional (or ceremonial), non-political, Head of State. I have no hesitation in stating that that was the most open, democratic and effective form of government in this country. It was sufficiently flexible to enable the government to be changed at every general election. It was sufficiently strong to deal effectively with an attempted coup by military and police officers, and an insurgency launched by idealistic but misguided youth. The office of “Executive President” was tailored to meet the imperatives of Mr J.R. Jayewardene, and imposed on this country at a particular time and in a particular context. The other political leaders of that time – Mrs Bandaranaike, Dr Colvin R.de Silva and Dr N.M.Perera warned of the consequences if that system persisted, and that is what we are now witnessing. Why do we not look beyond the waters that surround our island home, at India, Pakistan, Bangladesh, Singapore, Malaysia, Australia, New Zealand, and Canada, and ask how they are able to govern themselves without an “Executive President”?

      • 2
        1

        “The office of “Executive President” was tailored to meet the imperatives of Mr J.R. Jayewardene, and imposed on this country at a particular time and in a particular context.” The successors ,seduced by the office found new imperatives to retain it and the context turned out to be that the Sinhala Buddhism discovered the answer to the lament of ” Kunkunawe Hamuduruwo- Aney Koombiyane thopitath rajek inney ” (Even ants have their king but the Sinhalese? “The executive presidency put us on the road to ‘unfreedom’.

        Timothy Snyder in the book of that title puts it beautifully.”Kleptocracy made the political virtues of succession, integration and novelty impossible.and so political fiction had to make them unthinkable” . Enter Dr.Dayan J. . . .

      • 0
        0

        The office of “Executive President” was tailored to meet the imperatives of Mr J.R. Jayewardene, and imposed on this country at a particular time and in a particular context.

        It is the same with 18A which was for Old King and 19A was for Ranil’s whimsies and power hungry needs. Especially 19 A did not balance the formula i.e the three branches “Executive = Legislative= Judiciary”. There in an essay in CT that Professor Jayadeva Uyangoda explaining how defective 19A as fix to the damages created by 18A. In fact 19A aggravated the 18A and this is why EP now not respecting constitution. This appears to be permanent trend to stay here. The 19A may not make the president ceremonial by New Kings, precedent “Common Practice”. The coming EP may not relinquish his power as he will be still the commander in Chief and control the army. When 19A has created that a hanging status, how can one the constitutional evolution is complete, we have reached the ideal balance? This power hungry is, in all ways and means, appears to be not to end in our lifetime.

  • 1
    2

    NIHAL JAYAWICRAMA: since 1948, Parliament did not do anything except destruction. President is the only way, that Peoples’ sovereignty can be implemented. Even the Supreme courts does not respect Peoples’ sovereignty instead respects the fundamental rights of individuals.. I am not blaming supreme court. I think, there is evidence to prove it, Not you but very educated and knowledgeable people have written it, Judiciary, Law and Order, Lawyers are all tainted. You are a LAWYER and you work for your salvation.IF the President is sort of Ceremonial, What I say, Maithripala sirisena did some thing very naive. Because, In Sri lanka, Parliament can be BOUGHT, Higher Officials can be bought. Internet and new digitization of every thing and new communication infra structure, Maek Sri lankan information can be sent overseas within seconds.
    with the elelctoral council you make the VOTERS uneducated idiots and as electoral council people can be bought out, then another problem. What True Democracy needs is a Executive president who is really powerful and not the present Executive president who is bullied by the PM, constitutional council, speaker and then Parliament. but, there should be check and balances to make him work for people. Even the check and balances should not be the usage of individuals or organisations of special interests.
    World is a difficult place. See how MADURO and GUIDO are fighting it out. See how Nicarguaan ORTEAGA’s brother went to USA and talked against him. So, expect those. Sri lanka needs a powerful president. Maithripala may have world Naive. but he can not be any more. He knows what to do.
    Nihal Jayawicrama: If you forget, they wrote books in 1940s saying COLD WAR monks and ASIA. Then they wrote About Militant Monks and ASIA, and now they write buddhism and violence.

  • 0
    0

    Jayawicrama: what you are writing is very much for a situation like that of BRAZIL which was developing fast and It grouped with RUSSIA, CHINA and INDIA to establish the IMF equivalent. Now, that Brazil is gone. Instead, the New president BOLZANARO, I think an unknown Army Captain and he is not a good talker, but he is the president and he had said I don’t know how I became the President, Everything is by Media. Sri lanka has a movement like that. Watch Social media. I think you are in that movement. Because, an educated man is trying to fool some.

  • 0
    0

    Mr or Dr. Jayawicrama: I think agree with you. But, now the Parliament and the bureaucracy are very corrupt, Sri lanka needs a Nationalist, Dictator type President. He cannot be a Hitler.
    the countries you say have problems. They have their own set of problem.
    Just understand RAJJANDU Structure had worked very well and not the Democratic style – Westminster or roman democracy – is not working for us. The biggest problem is we have to report to powerful foreign countrys needs.

  • 0
    0

    That is one of the reasons that neither Old King nor has been showing the interest in EP candidacy.
    Dr. J Could have mixed it with other variable like 19A Unity government, Correcting election law after the president elected to favorable towards PR or FPTP or even like the parties’ power balancing took place in LG election and analyzed it. If UNP EP comes, then Ranil may not initiate an election law correction. If UNP lost he will try to have it done before he leaves this term. Because, UNP cannot function well in Parliamentary election. If New King leaves the job, he will lose SLFP Party Chairmanship too. This would put on high strain any deed SLFP write with Slap Party for EP election or can from Unity government to increase ministers. IF CBK capture the power of SLFP, UNP may then recover in Parliament election. She would go for a joint campaign. If Slap Party gets 2/3 in parliament, 18A will come back, without a referendum. Say Slap Party coming to power she/he dismisses the parliament in March, 2020 and then in the election they get 2/3, in circumstances like that, EP would face power deficiency only for about 1 1/2 months. It will restored by new 18A.

  • 4
    0

    This is an exceptionally valuable piece by Dr NJ. Its main usefulness is that it explains for everyone’s benefit a large number of constitutional points that most people have not been exposed to, or have glossed over (mea culpa admitted).

    It will make no essential difference whether the PM and the Ceremonial President (CP) are from the same or different parties. The PM as an individual will be the source of power answerable to Parliament as with Mrs B . We have had ‘same-party’ and ‘different-party’ PMs and CPs before and Parliament and PM primacy has always been the case. If the JVP amendment goes through, the CP will, of course, be a person acceptable to the parliamentary majority – QED.

  • 1
    0

    As you are aware, Nagananda Kodituwakku is proposing a new constitution, called autochthonous constitution. He also claims that the moment he wins and he becomes the president and the moment he signs off it become the new constitution. He claims the election is a referendum and has the power to do so. The author talks about 43rd article and the power vested of the President. This confused me. If he put his nomination under the current constitution what powers he has to implement the autochthonous constitution.

    • 2
      0

      If Mr Kodituwakku is elected President under the present Constitution, I do not think he will be able to do what he proposes. The present Constitution can be replaced by a new Constitution only by Parliament. It is only Parliament that has the power to make laws, and the Constitution is a law – the supreme law. The President cannot legislate. If, upon assuming office, he proceeds to “proclaim” a new constitution which he (and not Parliament) has drafted, that would be a repudiation of the Constitution under which he was elected (thereby raising the question of the validity of his own election), and a revolutionary change of the existing legal order, with serious social, economic, security and international consequences.

      At the 1970 general election, the United Front, through its manifesto, sought a mandate to draft, adopt and operate a new constitution that would declare Sri Lanka to be a free, sovereign and independent republic. The 1970 Government could have done that through Parliament because it had a two-third majority. Instead, it chose to do so outside Parliament. The Prime Minister invited all the elected MPs of all the parties to meet at Navarangahala, and there they resolved to establish a Constituent Assembly (in which they were all members). After 20 months of discussion and debate, the text of a new constitution was adopted by the Constituent Assembly and entered into force. It was an autochthonous constitution in the sense that it derived its authority from the people’s mandate and not from the existing 1946 Constitution. It was Dr Colvin R de Silva who insisted on that process, arguing that we should not declare ourselves a sovereign independent republic under law-making powers granted by the British Crown, but on the authority granted by the people. It was a perilous exercise, but we succeeded because the ground had been prepared over the two-year period, with the judiciary, the police, the armed forces, members of Parliament, the local authorities, and the diplomatic community acquiescing in the process.

      • 1
        0

        Thank you for the explanation. I have asked the same question from Nagananda but no answer yet

  • 0
    0

    Sarath, you mean to say Putin is very much involved in bringing down legitimate governments like Ukraine and Crimea. He is also involved in hacking into other countries democracy. Though DJ was posted by the present government, he is actively working in toppling the government. Remember the infamous “dear comrade” letter. So you mean DJ, can be of great help to Putin and vice versa in toppling legitimate elected governments.

  • 3
    0

    The short answer to the question, ‘Have They Not Read Article 43?’ may well be ‘Why, what difference will it have made? They would not have not grasped what it says, anyway’. But, frivolity apart, like a previous respondent, Cader, I don’t see that Dr NJ is confusing anybody. It is DJ who is doing that. As respondent Kumar David has said this is a valuable piece by Dr NJ. It would seem most people including the Presidential hopefuls are unaware of what Article 43 entails. So, this article is also very timely, and I hope that other legal people including the AG look into this and clarify the position without delay.

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