19 September, 2020

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The Responsibility To Decide (R2D) & The Courts 

By Dayan Jayatilleka 

Dr. Dayan Jayatilleka

One often sees the opinion expressed in print that all hopes are now reposed in the Supreme Court and that the very survival of liberal democracy or even democracy in general, rests upon its verdict. Almost all those who express this view mean that the SC should rule against the decision of the Head of State to dissolve Parliament, in effect paving the way for fresh elections. Put differently, these opinion-makers hope and pray that the courts rule against the newly appointed government and in favor of a restoration of the status quo ante.

I am no lawyer, and strive, mostly successfully, not to speak of subjects I have no formal learning or experience in. Furthermore, I do not wish to debate the legality or constitutionality of a matter that is before the courts. 

However, I am a political scientist and a man of some international experience, in addition to having some experience in and around the domain of high intensity conflict and politics as such. During the Premadasa Presidency, at a time of civil wars and intervention, South and North, I was appointed by him as the Director Conflict Studies at the Institute of Policy Studies, though I was only in my early thirties. In other words, political conflict is a subject I do know about. This encompasses what leads to violent conflict and how conflict may be prevented. 

What is at stake politically, not legally, in the Supreme Court’s decision? It is the question of whether a snap election can be held or not. It is whether the path is cleared for a snap election or it remains barred until later in 2020. It also and more fundamentally, the question of whether or not the President can make that judgment call. Given that he is directly elected by a majority of the people regarded as a whole, i.e. the country taken as a totality, it seems eminently rational to me that the responsibility to decide whether a national political situation is so intractable as to require the surgical intervention of a snap election, should be in his hands and no other.  

If the election concerned is a mere whim of the President, then we may incline to one preference, but if not, we should incline to another. I am disinclined to regard the decision to dissolve as a mere Presidential whim if only because it has an important precedent. President Kumaratunga dismissed the same Prime Minister, dissolved Parliament and went for elections. How can one explain that two Presidents, who could hardly be more dissimilar, did the same thing to the same Prime Minister and in much the same manner? It is because, in both instances, tremendous social pressure had built up, resulting in intolerable political contradictions. 

This present political crisis involving the Parliament is merely the tip of the ice-berg of a larger and deeper social crisis that has been building for three years and manifested itself earlier in the results of the Feb 2018 local government election. 

One must never forget the blood-soaked 1980s. As a direct result of the blocking of the holding of Parliamentary elections scheduled for 1983, the accumulating social tensions generated by the Open Economy exploded in the form of racial violence – actually, racist attacks–in the South, which in turn provided an accelerant for the terrorist campaign in the North, turning the latter into full-scale war, which generated a counteroffensive by the State’s armed forces, triggering an external intervention, which itself fuelled the ongoing xenophobic insurrection in the South. 

The only way in which stability was even partially restored was by the opening up of the closed electoral safety valves, first with the Provincial Council elections of 1988, then the Presidential elections of the same year and the Parliamentary election of early 1989. Even so, peace and stability were fully restored only by Mahinda Rajapaksa almost two decades later. 

That’s how long it took to exit the horror caused by the shutting down of the System’s electoral safety valves. Then, the shut-down was by means of a Referendum. The referendum was not the cause of the violence, though the violence came mere months after it, in July 1983. It was the aim, the goal, the objective of that referendum—the non-holding of Parliamentary elections—that led to the carnage, because the pent up social and political steam had no way of releasing itself.

In the 1980s, large sections of the Sinhala majority felt unrepresented because the electoral system yielded a result in which Mr. Amirthalingam was the Leader of the Opposition who veered between moderation and rhetorical separatism. This was topped with the disenfranchisement of Madam Sirimavo Bandaranaike and the jailing of vigorous elements of the Southern opposition such as Vijaya Kumaratunga. The Open Economic policy caused an erosion of the relative status of the native entrepreneurs, while generating socioeconomic inequities and cultural dissonances which were unprecedented. Sinhala nationalist sentiment was affronted by the rise of terrorism and the formal support of the secessionist slogan by the mainstream Tamil nationalists. 

The witches’ cauldron boiled over and hundreds of thousands of lives were lost. Very little of it would have happened had a General Election been permitted in early 1983 instead of being blocked in December 1982. The Presidential election was no substitute. It had been held in October 1982 and won by the incumbent, but sub-national level grievances are ventilated in the arena of the parliamentary electoral process, which if blocked, leads to an explosion.

The cycle of history repeats itself. The profile of the UNP in the 1950s led firstly to the Hartal of August 1953 and only later to the electoral outcome of 1956. Imagine what would have befallen Ceylon if not for that election in 1956 which some see as the beginning of the Great Fall? The Hartal would have repeated itself on a vaster scale, commingled this time, with the linguistic and cultural passions that fed into 1956—and it would have taken a non-electoral, non-peaceful form. Remember that 1956, just as 1970 after it, were referred to as Silent Revolutions. Those Revolutions stayed silent only because of timely General elections. 

The same thing almost happened in 1965-1970. The policies and profile of the seven–party UNP-led coalition which included the Tamil parties (the so-called Hath Havula), especially those policies of the “JR-Esmond faction” (the latter was Mr. Ranil Wickremesinghe’s father) resulted in a chauvinist tinge entering the discourse of the democratic Opposition (SLFP-LSSP-CPSL), Bhikkhu-led protests, and the rise of a serious revolutionary left, preceded and accompanied by a radical university student movement. Violent rebellion erupted in 1971 but it was quelled so swiftly only because it was facing a freshly elected government, with General elections having been held just the previous year, 1970. If not, and if the insurrection was not facing a moderate nationalist Government, the first insurrection would have been as serious a business as it was later in the latter half of the 1980s when the UNP was in office.

Today we are at the same crossroads under which the same explosive mix is buried: a pro-Western minoritarian elite, low economic growth, socioeconomic inequity and hurt majoritarian nationalism. The masses see unrepresentative urban elite attempting to manipulate the System, using institutional means and technicalities, to block a more socially representative dispensation that the people feel less alienated from and are more able to relate to. 

In Sri Lanka today, the Children of ’56 face the Children of ’62 (the abortive minoritarian coup attempt of 1962 which led to a majoritarian policy backlash). If the UNF petitioners succeed, then the present and ancient leadership of the UNP will remain entrenched, with the consequence that political as well as socioeconomic polarization will continue for years to come. 

If on the other hand, the SC permits dissolution and an election, the present and ancient UNP leadership will be undermined and possibly overturned, opening the road for a new leadership which is not so alienated from the majority of our citizens and therefore will not provoke a populist cultural backlash. The UNP may become electable again and not dependent upon impossible coalitions and proxy Presidential candidates. The cycle of polarization of Sri Lankan politics will cease and politics will flow back into the usual channels of center-right and center-left, neither of which will be too far from the center. 

The global context is one of populist and nationalist backlashes against the neoliberal economic model and Western liberal democracy. The combination of Sri Lanka’s local contradictions and the global trends could result in majoritarian alienation and outrage taking violent forms of expression. Far too much steam has built up in the system. It is not a moment too soon to divert this into peaceful channels by promptly unblocking the electoral safety valves. 

My wish as a political scientist, who has been all the way through thirty years of conflict as a participant observer and analyst, is that there is a soft landing with a safety net. I hope the Supreme Court cuts the Gordian knot and ends this political intractability, liberating the citizenry as peaceful electors and collective sovereign; master, mistress and maker of its own democratic national destiny.   

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Latest comments

  • 17
    2

    Is this how you dispense your diplomatic assignment in Russia? It’s time to seek a writ of quo warranto ?

    • 8
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      He was appointed by Sirisena on the request of Mahinda to do broker deals to buy some MPs from the UNP, TNA and MC. During his period as a diplomate, he was a successful in getting deals Between Mahinda & western low level politicians & UN officials like Naseby, Scotish MP, & Nambiar for lieing in the UN (unfortunately he was not successful with the key diplomats). That is why he was taken out by Mahinda but still he is ready to wash the Mahinda plates.

    • 5
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      MAMS – This bogus dr, warmonger and public racist #1 is mostly seen in restricted areas of Moscow trying to satisfy his biological needs!

    • 7
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      The only thing that Dayan can do, and unfailingly does, is take a messy situation, and up grade it to a chaos, if not a calamity.
      .
      Remember the breast-beating after the 2010 UN presentation asserting “zero civilian casuaty?” Not nipped in the bud by conceding the truth, Dayan’s bold face lie has haunted the country ever since, progressively bloating up to become a neverending fiasco for Sri Lanka at all international events!
      .
      A political scientist – my foot!

  • 6
    0

    you know court system in SL. Maithri and Mahinda might have placed his men on court. They may have already bought them by bribes.. After, all this fess, billions are lost and yet, Maithri and Mahinda do not have any respect.

  • 14
    1

    Dayan,

    I’ve never come across a jinxed chap like you, buddy.

    Geneva, Paris, now Moscow ……… never a long stretch, eh?

    Better just stay at home and enjoy old age. Disappointments contained!

    • 4
      0

      nimal fernando

      Don’t forget, he was a fugitive, hammered by thugs at Kanatte, did clandestine work in India, worked along with EPRLF which wanted to eject Sri Lankan armed forces by force from their Eelam, served(?) in then defunct North East provincial council, unemployed for many years, became a public racist since Premadasa’s death, supported every undemocratic government since the early 1990’s an active self confessed warmonger, war crime denier, believes he single handedly saved Sri Lanka from IC’s prosecution, ………… as far as Mahinda is concerned he is dispensable like condom and worked for an INGO, ………….. takes more than 64 positions all at the same time, ………

      Did Sirisena send him to Siberia on punishment transfer, thinking Siberia is in Moscow?

  • 6
    0

    why dont you read grusha andrews article
    you might learn something from it unless of course you like sirisena are a mental case

  • 12
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    Dayan … … you self-appointed expert on political conflict … … you had better understand that the function of the judiciary is not making political decisions, but ensuring the rule of law and the constitution is upheld in all affairs and actions of the state. Nothing more, nothing less. Don’t mislead the world with your dilettantish political theories. Stick to your day job in the failed socialist desolation called Russia.

  • 5
    0

    Dayan,”Very little of it would have happened had a General Election been permitted in early 1983 instead of being blocked in December 1982. The Presidential election was no substitute.

    It had been held in October 1982 and won by the incumbent, but sub-national level grievances are ventilated in the arena of the parliamentary electoral process, which if blocked, leads to an explosion”
    Agreed!
    It was during 80’s.but still valid.
    A general Election is much more important. I reflects the diversity much more accurately unlike a Presidential Election where the winner collects all.It means the President should not unfairly disturb the results of a General Election arbitrarily is what our President had done now.
    The rational of 19th amendment is precisely to enhance the importance of General election and to prevent abuses by the President

    The President should not be allowed to play with the democratic rights of the people.

    What the President has done is morally and constitutionally wrong.

    Constitution is the supreme law and the Supreme Court is the sole authority to ensure the Constitution is properly interpreted and followed.

    They do not have any other mandate.

    The constitution is looked at fully including all subsequent amendments.

  • 9
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    “I am no a lawyer..”
    You are not a political scientist either. You are a man with corrupt ideas.
    http://www.tgte-icc.org/Sri_Lanka’s_Killing_Fields_by_Channel_4.html

  • 6
    0

    The Supreme Court does not have the Responsibility to Decide(R 2 D), but the Responsibility to Protect (R 2 P)the constitution and sovereignty of the people.

    If the President is so concerned Why did he appoint Mahinda Rajapakse as the Prime Minister after sacking Ranil and prorogued parliament for a longer period precisely for horse trading rather than immediately going for a General Election with Ranil as care taker Prime Minister.

    It is not only a series of violation of the constitution but with corrupt intentions

  • 7
    0

    “I hope the Supreme Court cuts the Gordian knot and ends this political intractability, liberating the citizenry as peaceful electors and collective sovereign; master, mistress and maker of its own democratic national destiny.”
    I wonder if DJ has also instructed the SC how to cut the Gordian knot.
    If the SC fails to please him, we will have yet another fairy tale.

  • 6
    0

    Dayan,
    There is no serious political crisis in the country to get your input into the decision making. But now it is a crisis that was created by the cowardish, backboneless Srisena & murderer. dictator Mahinda wanted to come to power by force ignoring all the democratic and judicial path. The people know well who have the guts to murder Sirisena or any other politician or journalist or human rights activists in this island. No one other than Mahinda & his Family. Judiciary was manipulated only by Mahinda & Co. This is the crisis, the country need to solve. I know very well Mahinda & Co would have tried lots of deals to buy our judiciary. This is a test for judiciary to prove that they will not be bought by any Criminals like Sirisena & Mahinda. They will try to use threat as well. The country needs your honest contributuion and I hope you will stand to your conscience and truth.

    • 0
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      “The people know very well who have the guts to murder Srisena or any other politician or ……..in this island.”
      That could even include a judge or even judges to prevent the cutting of the Gordian knot.

  • 2
    1

    Sometimes Dr. DJ I wonder within My3’s second Gundu is a buried third Gundu, is he creating instability so that 6months down the road economy would hit an all-time low and MR and company get the blame?

  • 7
    2

    Another despicable man with a despicable plan.

  • 9
    1

    Again, this shameless, despicable, lunatic started his ranting about his masters, he would even lick their anus for the falling crumbs. Man, Chandrika’s time, the constitution let her do it, and she didn’t violate anything and it was legal. Now after 19th amendment your boss’s both hands are tied until four and half years. This is confirmed by MR and GL, the video of it is available with me, and all over the cyberspace. What kind of human being are you to turn, twist and lie about this. Your parents must be crying for bring up a son like you. You not served the humanity, and by your actions, you becane a lowly creature. The whole country and the world are saying your boss done something illegal, undermocratic and unconstitutional whereas you, no two cents worth guy, say otherwise, it all because you are singing for your supper but that too has a limit, and not this cheap. Man, see the logic, your boss says Ranil and UNP are corrupt but now MR and goons are supper clean for him. Guess, he got a special washing machine from the next world to wash them clean Lilly white. The biggest mistake with all of you is, you think all of you are super smart and the rest are dumb fools but the real thing is it’s other way about. Man, you are now a public servant, and not supposed to take sides, and stay that way else you would end up in huge trouble.

    • 3
      1

      Nimal – “Again, this shameless, despicable, lunatic started his ranting about his masters, he would lick their anus for the falling crumbs.”
      Dayan admits that anus licking tastes awful, just like Buckley’s cough syrup, but it works. See, pea-brain Sillysena, with the concurrence of Rajafucksha, appointed him Ambassador!

  • 0
    0

    “to require the surgical intervention of a snap election, should be in his hands and no other
    Thero is trying to show as something happing in Lankawe that never happened in the world –It is going to Court against the country’s leader.
    We don’t have to get into that argument in the current circumstances. In case if that argument is good-unfortunately it is not- it is only matter for a constitutional amendment. Cuban Communist cannot recommend to New King to become another Castro and take not existing authority in his hand and break the law.
    Doing the right things and running government is ruling party’s responsibility. If they are not doing the right thing then checking that on behalf of the people is Court’s sovereignty. Thero foolishly attempt to make that the court is running the government. Court is not telling the EP take a decision to dissolve the parliament-that is the part running the government. That decision was made by EP. But Court is about to tell if that is with in his right or not. The Court has no responsibility to consult Sumanadasa Abeygunawardena about elections, results and people’s uprising.

    “President Kumaratunga dismissed the same Prime Minister, dissolved Parliament and went for elections. “ People thought it was wrong & that is why they gave the mandate for New King to introduce the 19A. In fact his mandate was to remove EP from the constitution. New King should have done that with in the first three months. Considering the EP was elected by people to abolish EP, then where does an EP get the people approval to dissolve a parliament? If New King had abolished the EP then he was directly elected president, if had cheated on that mandate he is not an elected president, in the popular sense. What kind of Cuban Communism is Thero preaching us?

  • 1
    0

    “As a direct result of the blocking of the holding of Parliamentary elections scheduled for 1983,
    That is why the 19A is saying that the parliament and the EP have to vacate with five years. Who is trying to violate the 5 years term? Is that EP or Parliament? Why didn’t Thero preach this Cuban communism to New King when he was trying to extend his tem to 6 years, breaking 19A? It is always welcomed first brining an election for EP; then Parliament too. A worst idiot would only compare a 12 years of extended parliament with a parliament that has just completed its third year. What a gimmick? After all LG election was just a 6 months ago.
    That’s how long it took to exit the horror caused by the shutting down of the System’s electoral safety valves. 10 years of shutting down the thirst for justice system had caused Old King his job two years earlier than he was supposed to leave the EP seat. His firing of CJ Shiranee did not end with his job loss, but it flew even out of the island and hangs a knife in Geneva over his head. Whom Thero is fooling this his preaching?
    “The referendum was not the cause of the violence, though the violence came mere months after it, in July 1983. “ So which election caused 1915, 1956, 1958, 1961, 1977, and 1973? Why do you hide your blood seeking culture under an election?

  • 1
    0

    “The Presidential election was no substitute. It had been held in October 1982 and won by the incumbent, but sub-national level grievances are ventilated in the arena of the parliamentary electoral process, which if blocked, leads to an explosion. EP election and Parliament election should come together, no substitution.
    Pls tell your man to resign first. People have been voting to abolish EP for the past 20 years. They will vote again to do the same. People hate more of EP’s actions than the parliament’s actions. Don’t think people were dead in JR and Old King’s time. People know in those times the parliaments were not even the puppet to the dictators, but just the toilet cleaners of the Temple Tree House. Do you have amnesia to recall what was said by Prime Minster Richard. P? Prime Minister Job was not even equivalent to a peon job under JR. If you have any doubt, ask D.M. Jayaratne that why he signed the customs documents?
    “The profile of the UNP in the 1950s led firstly to the Hartal of August 1953 “
    Come on Come on Come on.. Thero. Hartal was organized by – LSSP & CP- the Trotskyist of that time; not by Pancha Maha Palavegaya, the racist party. Don’t connect this and that. Don Steepen removed the citizenship of workers against the protest of LSSP and CP. Organizaers thought DS won’t give in easily to parliamentary agitations. They went on hartal. But, later, they changed to be Sirimavo’s pet dogs. So it was only Tamils had genuine democratic labor union activism. Comrade Balathamppu’s death was the last of it. We saw Sinhala Buddhist Labor union action last month in Petroleum Corporation and Rupavahini Station. You people, the Sinhala Buddhist, wherever you go, become only blood seeking vampires.

  • 1
    0

    “Violent rebellion erupted in 1971 but it was quelled so swiftly “ With the Tamil polices and Indian army. Without the Tamils it has been always difficult to do that job for Rapist Army. While LTTE was fighting to get out IPKF, Rapist Army did best was sleeping in Barracks. Further it was an armed struggle and any freshly elected government is weak against military struggles. There were lot of Tamil polices that time. ASP Shanmugam protected Sirimavo until Indian army showed up. This gave the idea for the Indian army to drop Parippu in 1987. JVP was formed before 1965. JVP, unlike LTTE which had the full back of Tamils, has nothing to do with the Sinhala people upraising. JVP was trained Lumumba; Funded by North Korea. Organized and made ready to wipe out expected Dudley’s government in 1970. But it was Sirimavo came to power. So Sirimavo trained youths lost enthusiasm against Sirimavo.
    “Today we are at the same crossroads “ That is correct, but it is from 1948. From 1948 or even from 1915 we never crossed the cross road and struggle of communal hates and pogroms are all the way trough. We don’t need Thero’s explanation to understand that. Until Hanuman come back & set the fire, Lankaweyans have to keep oiling the fields with out stopping.

    “Far too much steam has built up in the system. “ The too much steam build up in 1983 brought in Indian Army in 1987. This kept things cool until 2009. If it is building up too much again, this time UN Peace keepers has to come in and separate the Tamil from this never ending madness.

  • 6
    0

    A fundamental criteria for any scientist is to remain objective, even against one’s personally held biases.

    If you can look at yourself in the mirror and say that you are objective in connection with anything related to the Rajapakses, you seriously belong in a mental institution!

    • 3
      1

      Hello Huuu, you can do a simple x/y plot and test the hypothesis whether Rajapaksha is better for the country or not. Just plot the year to year GDP vs different Presidents and you will see the answer. You can also take the stability of the state as Y. Just remember that you always prove or disprove the null hypothesis.

      • 1
        0

        Are you telling us to use the Cabal numbers from the CB? Cook up your Numbers and read it yourself. It doesn’t cross the shore.
        Moody’s never rates you are stable, always negative. (Right after war 2010 & 2011 are because you lied to world that when LTTE is defeated you will show magic. But in 2013 & 2014 world had seen your mirage and your numbers are noting working out.

        If you guys have been doing well why the Singapore GDP/head $60,000 and yours only $4,000?

      • 1
        0

        wannihami

        Will you deduct all expenses related to war from your war economy between 2005 and 2015?
        In year 2005 GDP grew at 6.242%, in 2009 it was 3.539% in 2013 it was 3.396%

        Draw a line of best fit or using Least Square Method and find the average growth rate after deducting defense spending and commissions.

  • 5
    0

    DJ

    Once again you entertain us with your own twist on historical events. Of course in a free world, we must allow you to. Do you really think that you were the only witness in town? Naturally your take will invariably lead to your Lord and Master – the one whose patronage you crave for your well being. We must search elsewhere for impartial commentary.

    Wrap up well. They tell me it’s going to get colder in the Moskva.

  • 1
    0

    Dayan, to say that 83 riots were an outcome of not holding the elections and the open economy, shows that you have gone mad! We are not embicile -you bum sucking hypocrite!

    JRJ

    • 1
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      JrJ

      Has he gone mad or born mad?

  • 2
    0

    Comment Part I
    In the second para Dayan Jayatilleka during the Premadasa Presidency, ~ “I was appointed by him as the Director Conflict Studies at the Institute of Policy Studies, though I was only in my early thirties”.
    Dayan knows that we know that he knows that it was a reward for leaving the Tamil liberation EPRLF. We now know why Dayan joined EPRLF in the first place.
    .
    Dayan goes on to say the former President CBK dismissed RW and the present President MS also sacked RW. This justifies the present sack! The circumstances and atmosphere are different.
    Only Dayan can be this illogical.
    .
    The man goes on ~ “This present political crisis……has been building for three years and manifested itself earlier in the results of the Feb 2018 local government election”.
    The ‘crisis’ has been building for seventy years. In the 2015 Presidential AND Parliamentary elections, the language/religion was not raised by both sides. In the 2018 LC elections, SLPP brought this up.
    Will the ‘divide’ issue deliver? Dayan laments “At least just one more time”
    .
    Might have reached 300 word limit. Will continue in Part II

  • 0
    3

    DJ writes so well with valid analysis and fascinating descriptive phrases. The ensuing comments are unbelievable! The truth stares at us right in the face, but rude selfishness and crass disrespect for the common man emerges yet again from the ego-centric. We beg of you to stop! Just stop and think on things for a while. Please understand the truth of the many lives in Sri Lanka who have been struggling on a day-to-day basis for so long a time.

  • 0
    1

    Dear Dr. Jayatilleka
    Notwithstanding the fact that you and the Pohottuwa would lose any election held here in the province of Colombo Telegraph I think your Party has much popularity outside these walls.
    I am not a lawyer either, nor a political scientist, but a intellictual (sic). So let’s discuss this as intellictuals.
    My reading of the Constitution has led me to believe that the President has the power to prorogue parliament, I would have this view even if Ranil was President and had prorogued parliament under this constitution and 19th amendment, in circumstances that were favorable to the UNP (this stretches the imagination, I know) . If the 19th and the rest of the constitution are at odds with each other, I would think that the broad powers given to the President would take precedence, so to speak. But I say this objectively, the same way I had to accept other things, I would have to accept the decision of the SC as a citizen.
    To put it simply, iadmit) notwithstanding the 19thmy opinion would not have changed, regardless of the outcome, my reading of the constitution would have been the same.
    It is easy for us, we just have to wait for the SC decision and also see if the explanation they give satisfies. There is a chance it may not. The matter is completely out of our hands now, and I cannot second guess the SC.
    Unlike you, I have no place for hopes or prayers. I take it the Supreme Court will not be swayed by hopes and prayers or breaking of coconuts. So I disagree with you by not having hopes either way – the machine is moving and its output is inevitable.
    I somewhat agree with your point about elections, that they provide an alternative to violent rebellion of sorts, but I believe it goes deeper than this.

    • 0
      3

      VI.
      Nonsense. The currant judiciary was chosen by Ranil, like most of the parliamentary composition. They should have been chosen by the President, but the PM assumed executive powers.

      Regular president should have 75:25 powers with pm, and executive president should have 95- 100% powers on whole. But this time, Ranil took over 100%. Since this is a travesty of justice, people should now decide everything in a general election.

  • 0
    0

    “Given that he is directly elected by a majority of the people regarded as a whole, i.e. the country taken as a totality, it seems eminently rational to me that the responsibility to decide whether a national political situation is so intractable as to require the surgical intervention of a snap election, should be in his hands and no other.”
    The president only turned a normal situation into an intractable one in the first place, possibly to justify the holding of parliamentary elections prematurely to suit his agenda. Next, are we to disregard the constitution? And what if the president’s sanity is called into question? Must we allow a lunatic to have his way? Are the citizens expected to humour his whims at great expense to the country?

  • 2
    0

    Comment Part II
    Dayan says ~ “One must never forget the blood-soaked 1980s”.
    He has an explanation for the July 1983 carnage but ignores the pogroms of the fifties, sixties and seventies.
    Dayan’s explanation of the July 1983 pogrom is unbelievably grotesque. He suggest that it was the result of not holding an election in December 1982 and violence was just a let-off of pent-up anger!
    Dayan adds “Two decades later, MR cleaned up the mess”.
    .
    The rest is just the Dayan argy-bargy-jumbo-mumbo. There is one we must note ~ “…..could result in majoritarian alienation and outrage taking violent forms of expression.
    Dayan relishes violence. Does he not?
    .
    Dayan Jayatilleka was an enigma. He may have reasons to dislike RW. Why does he simply adore the MR-family?
    Dayan is a follower. Quite satisfied with the scraps thrown by his alpha-figures.

  • 5
    0

    Dayan:

    You along with many others have been rooting for the THUG MR to come back and save the Nation which is on its final dying days. Thanks to the CROOK MS it has become a reality. But even you an ardent admirer of the THUG will admit that the Country faces immortal danger under MR.
    Look ar the evidence
    What does the flipside reveal?

    That the Sri Lankan Rupee has plunged even further to stand at Rs 180 against the dollar.
    That the IMF loan worth US$ 250 million has been put on hold.
    That the US$ 480 million grant for transport sector development has been suspended by Millennium Challenge Cooperation.
    That the US$ 1.7 billion loan granted at a mere 0.1% interest by Japan for the light rail project has also been put on hold.
    That the EU nations are considering the removal of the GSP Plus which if done will once more imperil the garment industry already struggling to make ends meet in the face of stiff competition.
    That the United States and other Western nations are contemplating the imposition of sanctions.
    That the UNCHR probe into alleged war crimes committed during the last years of the Eelam War which during these last three years plodded on maybe revived on a more aggressive basis and may invite even more sanctions if not attended to.
    That foreign aid presently flowing maybe stopped with immediate effect since no foreign government will be willing to extend its largesse to a regime proved in parliament not to possess the required majority and thus the legal or moral right to govern and to receive and be the legal custodian of aid.
    That Moody’s has downgraded Lanka from B1 status to B2 and posted negative credit outlook.
    That hotel booking cancellations by tourists have been taking place following travel advisories, warning those travelling to Sri Lanka.

    As German Ambassador Jörn Rohde put it in a nutshell this week: “I had a phone conference with a German bank. They wanted to come here. I asked them to postpone their visit due to current uncertainty. I had talks with German investors. Because of the present political circumstances, there is a complete paralysis of all the Ministries. German Development law was given to the Health Ministry. That is to build a maternity hospital in Galle. Loan disbursement is delayed. We are also financing a vocational training centre in the south. Everything is put on hold. In Matara, it is about 11 million Euros. For the development of the hospital, it is 42 million Euros. This is a loan. The delay costs the Sri Lankan tax payers.

    This is just the tip of the iceberg that the Lankan ship of state will soon hit one dark night in the near future whilst the UPFA orchestra continues playing the Rajapaksa symphony.

    Well if that is the bleak prospect that looms on the international front, what’s the bad news on the domestic turf.

    *** Frankly MAHEM

    It took 8 long years to take Slobadan Milosevic to the Hauge . We have got another two years to take the THUG.
    You the Pankawala , Laksri the Pretender Sarath De Alwis ( the admirer of the War HERO) and many other prominent writers can either wave GOODBYE to a Head of State MR or Ordinary MR befre he is whisked away .

    RISE UP Lankans ( or Should I say Sinkalams ) to wave GOODBYE.
    NANTHIKADAL has finally come to haunt you. May God show mercy on you

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    You state, referring to the President, that, “Given that he is directly elected by a majority of the people regarded as a whole, i.e. the country taken as a totality, it seems eminently rational to me that the responsibility to decide whether a national political situation is so intractable as to require the surgical intervention of a snap election, should be in his hands and no other.” You are overlooking some important things here. Firstly, this intractable political situation as you call it is the DIRECT RESULT of the unconstitutional and reckless action of the President. Secondly, is it fair or just that the man who caused all the trouble should also be given an unfettered right to decide on a way to get out of the hole he dug for himself? Thirdly, and importantly, you cannot say the responsibility to decide about a snap election is entirely in his hands –he has still to act ACCORDING to the Constitution – something the man has demonstrated he is incapable or unwilling to do.

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    Well Dayan you never speak on what you have learned! You have always tried your best to twist what you have learned, and what you have been thought, to suit the needs of your political masters!

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