20 May, 2022

Blog

Unattainable Demands Or System Change?

By Nihal Jayawickrama

Dr. Nihal Jayawickrama

At a massive public rally on Tuesday, the Leader of the Opposition is reported to have “challenged President Gotabaya Rajapaksa to call a snap presidential election”. If the SLPP was not prepared to do so, the Leader of the Opposition was reported to have demanded that “it should hand over the government to the SJB”. It is unfortunate that a politician at the helm of a major political party should have made such unattainable demands.

Replacing the President

Under our Constitution, the President has no power to call a “snap presidential election”.

Under Article 31, the President may “at any time after the expiration of four years from the commencement of his first term of office” declare his intention of appealing to the People for a mandate to hold office by election for a second term. The current President’s first term commenced in November 2019, and therefore he cannot invoke this Article until November 2023. Moreover, he may invoke it only if he himself is seeking a second term.

Under Article 38(1) of the Constitution, the President may resign his office at any time. If he does so, Parliament is required, within one month, by secret ballot and by an absolute majority, to elect one of its members to serve as President for the unexpired period of his term of office. Until Parliament does so, the Prime Minister will act in the office of President.

A third method of removing the President is set out in Article 38(2) of the Constitution. If two-thirds of all the Members of Parliament submit a resolution to the Speaker alleging that the President “is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity”, or that the President has been guilty of (i) intentional violation of the Constitution; (ii) treason; (iii) bribery; (iv) misconduct or corruption involving the abuse of the powers of his office; or (v) any offence involving moral turpitude, and if that resolution is passed by two-thirds of all the members, the Speaker is required to refer it to the Supreme Court for inquiry and report. If, after a trial at which the President is entitled to defend himself, the Supreme Court determines that the allegations have been proved, Parliament may, by a two-thirds majority, remove the President from office.

Therefore, it is a futile demand to make in the presence of thousands of unsuspecting voters, that the President should call a “snap presidential election”.

Hand over the Government

The Opposition Leader’s other demand that the SLPP should “hand over the Government” to the SJB is also unattainable. If what he is demanding is that he, as the leader of the SJB, should be appointed Prime Minister, that too is unattainable. Article 43 requires the President to appoint as Prime Minister the Member of Parliament who, in his opinion, is most likely to command the confidence of Parliament. To command the confidence of Parliament a member must be assured of the support of at least 113 of its members. Does the SJB leader satisfy that requirement? Apparently not. In any event, the Head of the Government is the President. For as long as the Constitution provides for a President with full executive powers, it is the President who forms the Government, and there is no way in which the SLPP can “hand over the Government” to anyone.

The only way in which the SJB can be in a government is by securing a majority of seats at a general election. The present Parliament was elected in 2020 for a five-year term. Therefore, a general election can be held before September 2025 only if Parliament is dissolved before that date. The President has the power to do so but, under Article 70, only after March 2023. Parliament may, of course, request a dissolution at any time, but that would require a resolution passed by a majority vote in Parliament. How, then, does the Leader of the Opposition expect the Government to be “handed over” to him now, and by whom?

Conclusion

Under the 1946 and 1972 Constitutions, the Governor-General/President was a constitutional Head of State. Under both those Constitutions, it would have been possible for strong public opinion, as demonstrated at the SJB-organized gathering this week, and manifested daily throughout the country by thousands suffering due to the lack of essential foodstuffs, fuel, gas, milk powder, medicines, etc., and further compounded by corruption of an unprecedented level, to have compelled a Prime Minister to tender the resignation of his/her government and enable another political party leader to form a government, or to advice the dissolution of Parliament to enable a general election to be held.

However, following the 20th Amendment, where all executive power is vested in a single individual (an autocratic, outdated system of government which the leader of the SJB apparently wishes to perpetuate, as evidenced by the promises he made when he sought election to that office, and as repeatedly affirmed by his international affairs adviser), it is impossible to force a “snap general election” or for one political party to “hand over the government” to another.

Should a responsible political leader mislead the average voter by making such unattainable demands? Instead, should he not mobilize public support to replace the autocratic system of government under which this country has almost reached its lowest depths, with a vibrant democratic structure in which political power is directly exercised by the peoples’ democratically elected representatives?

The solution lies, not in replacing one authoritarian President who is possessed of absolute power with another, but in restoring the parliamentary executive system of government, based primarily on single-member constituencies, and led by a Prime Minister responsible to the elected legislature, and therefore responsive to the economic and social needs of all the citizens of this multi-ethnic, multi-religious and multi-linguistic country.

The restoration of that system is surely the most urgent remedy; not the substitution of one group of politicians for another, operating within the same rigid and authoritarian framework created 45 years ago for the singular purpose of securing the political objectives of the late J.R. Jayewardene. Few today, like me, will recall the halcyon days of life under the 1946 Constitution which, for 25 years provided this country with democratic governance, justice under the law, and a strong sense of personal security.

Print Friendly, PDF & Email

Latest comments

  • 27
    3

    NJ, under Article 38(2) of our constipation, Sir should be suspended. But, when 2/3 of our parliamentarians have either intentionally violated or received bribes or involved in corruption/ misconduct or abused power or immoral, then who do we expect to vote out the mentally infirm President who is incapable of discharging the functions of his office ?? 6.9 million retards ??? Now you know the reason why I call it our constipation and not constitution. Silly Lankans are stuck in their own sh**.

    • 3
      24

      Chiv,
      “Silly Lankans are stuck in their own sh**.”

      Because of accommodating ‘Para’ (foreign) people who turned against those who accommodated them.

      • 18
        2

        EE bp,
        .
        Para should be common to us SINHALAYA too… because DNA research have made it clear we are all coming from north and east part of india.
        :
        This being the reality, but you the kind of ill fated buggers to repeat that we the sinahalyas are different to our fellow minorities – should be connected with your pathological reasons.
        :
        Please contact your psychologist/neurologist- your problem is becoming worse.
        .
        May all visible and invisible forces be powerful enough to open your eyes.

        • 3
          14

          Leelagemalli,
          “Para should be common to us SINHALAYA too…”
          —-
          I feel sorry for your lack of knowledge about your own race. Eminent Sinhala archeologists have proved with scientific evidences that Sinhalayo and Vedda Eththo evolved in this island from Homo sapiens who lived in southern part of the country about 125,000 years ago. DNA results show that Sinhalayo got mixed with other races because as a trade hub in the Indian ocean, many foreigners visited Sinhale. Those who do not have any archeological or historical evidences to prove that they are indigenous people in Sinhale are hanging on to DNA.
          Sinhalayo have discarded Vijaya story because according to history of Bengal, Vijoy Singh landed in an island called ‘Seehol Deep’. That proves Sinhalayo lived in this island at the time Vijaya arrived.

          Learn you own history before using the keyboard!

          • 8
            1

            Eagle Thaatha. Sewhol Deep! Sinhale! from where are all these coined up words now being Chingkalla Buddhist Fascists coming up from. Seehol sounds like rhymes with some other rude word starting in A in English. Maybe you are obsessed with that word and coined Seehol. It was only around 7AD the word Sinhala and Sinhalese people were coined to describe all the people on the island who converted to Buddhism. They were a mixture of Veddah, native Dravidian semi Thamizh Eu speaking Naga and Yakka, and the descendants of Indian immigrants from the mainland. Some were from the northeast of India but most were from the ancient Thamizh country in South India. modern-day Thamizh Nadu, Kerala southern Andhra, and Karnataka. The half lion half human Prince Vijaya myth was concocted to explain the word Sinhala ( Lion people) in Sanskrit/Prakrit. Deep is Sanskrit/Prakrit for Island derived from Thamizh Theevu as Aryans from landlocked Central Asia would not have seen the sea until they arrived into the Indian mainland, where the Dravidians were existing. Therefore how can that word be indigenous?

            • 7
              1

              One of the ancient Thamizh names for the island was Chingkallam ( meaning the red/copper coloured land ) and the native semi Thamizh Dravidian population was called Chingkallavar or Eezhavar. 99% probability that this ancient Thamizh name Chingkallam only got Prakritized to Sinhala. The Chingkalla language is a mixture of native Thamizh/Elu, Sanskrit, and Pali. All Indian languages. Out of these three Thamizh/Elu belongs to the region, the other two to the plains of North India or in the cast of Sanskrit to the Central Asian steppes. Therefore how can this be truly indigenous? It did evolve on the island, just like English evolved from Germanic Anglo( Angles ) and Saxon but to call it truly indigenous and the much older Thamizh or its local variant Elu as not is a joke. Like some Englishmen stating English truly indigenous but not the older Celtic languages like Welsh, Cornish or Gaelic.

              • 6
                1

                Chingkallam meaning land of red of copper coloured land in Thamizh is derived from Chem/Chikapu ( red) or Chepu( copper) + Alam ( land or sliver of land or land adjoining the sea) = Chingkallam. The native Dravidian population from Chingkallam who spoke either proper Thamizh( elite largely naga) or the local Thamizh dialect( Elu) the peasants and rural folk( Largely Yakko. This is why even now in Chingkallam are village or boorish person is called Yakko) were collectively called Chingkallavar. Chingkallavan for a male ( from old Thamizh Aalavan) or Chingkallathi for a female ( again from Aalathi for a female). These ancient terms are still used by Eezham Thamizh to describe Sinhalese males and females. Other similar name derivations are Cheralam/Keralam. Puttalam. Puthumattalam. The list goes on.

            • 1
              5

              Pandi Kutti,
              “It was only around 7AD the word Sinhala and Sinhalese people were coined to describe all the people on the island who converted to Buddhism.”

              Cut the crap!
              You still believe the manufactured history of Sinhale presented in Vaddukkodai Resolution to justify the bogus claim of Tamil ‘Traditional Homeland’ to demand a separate State grabbing Sinhala land in NE for Tamils in Yapanaya.
              Some Tamils are still stuck in Vaddukkodai Resolution mud-hole.

          • 10
            2

            Eagle Eye

            Before you feel sorry for others about their lack of knowledge, look at your own pathetic self. Maybe you suck up to the Rajapakses in some misguided way as eternal gratitude for saving the country from Tamil terrorists or for personal gain but to mix up historical facts, substantiated or not, & myths as an excuse for your obvious racism is abundantly clear.
            It is my understanding that you are domiciled in a non Buddhist country, so, why does a patriot like you, passionate about your race, live in a foreign country?

            • 0
              4

              Raj-UK,
              “why does a patriot like you, passionate about your race, live in a foreign country?”

              Where I live is none of your business.

              • 1
                0

                “…..Where I live is none of your business….”

                It is EE!! BECAUSE:
                You should suffer the pain and agony of poor Sri Lankans suffer EVERY MINUTE now. You should be standing in kerosene, petrol, gas, milk powder, and queues of umpteenth number of other essential items needed for anybody’s daily life. You must live with no power and light for 7/8 hours a day. You must be seeing your children not getting the education they deserve and even deprived of their term tests because there is no money to pay for question papers and answer scripts!!!
                BECAUSE:
                1. It is people like you who supported and still support these world class pirates to grab power and rob national wealth to the last cent left
                2. It is your kind of racism that has dragged this island in to the hellish mess it is today by feeding people with poisonous racist junk

                And you should not be enjoying a glass of wine and a puff of a cigar slanted peacefully (and prosperously) on an armchair in that western democracy that you don’t deserve to be in!!

                • 0
                  0

                  Jit,
                  There are many armchair patriots who conveniently live in the West, but expect us here to follow their bigoted advice.
                  But their offspring don’t follow the same path, because their minds are cleansed of feudal bigotry by the education system. You won’t see them worshipping ignorant clergy like their parents.

            • 4
              0

              Dear Raj-UK,
              .
              What would we do once we found a reptile in our backyards ? Immediately, either the reptile would be subjected to killing or taken away – likewise, EE or the like men and women should be removed from human association, then only we could start working on ” sustainable solutions for the long standing ethnic issues”. I have no idea where this ULTRA racist is living, no doubt, if the authorities would be aware, the levels of his hatreds to Minotiries, no doubt, they would keep him in a cage to the very same manner they put the protagonist of the SILENT LAMB film. These men are good example us to see, how poisonous some of our senior sinhalayas are. No doubt, there should be the kind in tamil community. Sure much less of them are among muslim and burgher community. If the latter had them, easter sunday style disasters should have happened long before. In ITALY and several other countries europe, would not tolerate if anyone would attack the minorities in publicly,… to the levels, law and order should be improved in our motherland – though it will remain to be a dream to my understanding.

          • 11
            2

            Eagle,
            “Eminent Sinhala archaeologists……..scientific evidences that Sinhalayo and Vedda Eththo evolved in this island from Homo sapiens who lived in southern part of the country about 125,000 years ago.”
            How dumb are these “scientists ” If they don’t know that Sri Lanka was part of the Indian landmass, not an island?
            Surely they must be Sinhala Buddhist scientists like Channa Jayasumana?

      • 1
        2

        Where did you originate from? Not foreign, you just grew out of the earth in Lanka like any other tree??

    • 9
      2

      “…..Silly Lankans are stuck in their own sh**….”

      Chiv, you are spot on!!

      They dug their own graveyard when voted en masse for the most incapable President of the world GR!

      But who cares!! A snake out from the Kelani river or Gnanakka is more powerful than Economics or good governance.

      So enjoy the desert!!

  • 14
    3

    I am not at all fond of PPP but the alternative before the voter is worse than the decease itself. Those who are crying out loud are a bunch of amateurs who cannot tell left from right or visa versa.

  • 12
    1

    The autocratic government needs to be first overturned by Patriots, before democratic system is restored.

    • 9
      2

      International bodies should intervene in order to drive away Rajapakshes and put them in in jails for ecer/ their wealth amounting over 18 billions in US DOLLARS should be confiscated/ that belongs to the people/ 🤔🤔🤔🤔🤔😎😎😎🤥🤥

  • 8
    1

    Revolution! 💥⚡🌟🍞💪🙏

    • 1
      10

      Thunder and lightening, and we should see stars!
      Why only one?

  • 15
    3

    Sajith Hemadasa knows only to feed or play to the gallery.He is not fit to lead a country which is facing a real hard time economically with his half baked knowledge.in time to come he will face a big fight from PATALI CHAMPIKA RANAWAKE who knows well what he is talking.on the other hand SARATH FONSEKA Will not last long with SJB.(sajith jungle blauwekaya).FONSEKA WILL END UP WITH JVP.

  • 15
    4

    Sajit is a bit of an amateur at public speaking. It was clear from the close-up shots that he was looking down at a laptop every few sentences. A national leader should be capable of delivering effective speeches without such aids. His father could go on for hours with no script.

    • 10
      1

      OC
      You are being hard on the poor lad.
      We are living in an era in which singers scroll mobile phone screens while on stage.
      Almost nobody multiplies 3 by 6 without a calculator (now built into the phone).
      *
      Then, even a mediocre Karnatic vocalist would better hid dad with hours long concerts.
      Hindustani concerts go on for longer, but far less text to remember.

    • 4
      7

      He speaks excellent Sinhalese, English, and he will never say “Kaka’s”.

    • 7
      4

      Oc/
      .
      U criticise his speeches but what do u make of the sppeeches of pulligona/ Mandasena?.
      And nation s buffaloe/Mahinda? His prevarications misled everyone. Mahinda has never focused on the facts. Nor would journalists cross question him.

      • 9
        0

        LM, you are right on GR or MR. But the main issue of SJ, being the leader of the opposition is he has not brought himself up to the level of the quality that SL needs to beat the R regime right at the moment. He has to be more fiery and tenacious at this hour. He only shows that he has just awaken from his sleep!! Just study how ferociously JRJ did it in 1975 – 1977 period, although I do not agree with what he did with this bloody Executive Presidency!!

        • 4
          0

          JIT,
          Time has come to lock up Rajapkashes in order to comfort the nation. Am I the only person to feel like that ? Even y day, Mahinda the most abusive man, who to have turned this country to a debt trap is still busy with his so called buddhistic rituals, while people die on ques not being able to collect some kerosine oil to light their houses. What a mess sons of bitchs have made today. I have no doubt, ……. karmic retribution would speed up the process next dday…… if we would be able to see them be punished with the speed of ” domino effect”…. then it can change the psychology of the the gawky people. Whoever would become the leaders next, it will be harder to face the life. for every one,.. as is the case in Greece and Lebanon.
          :
          Colomobo affluent ( not even 3% of sl population) should think either to join NAMAL BABY s sea surfing activities or the forces that finally catch these men and put them in jails forever.

          • 5
            0

            LM, the main problem in SL as we have discussed many times is the blind Sinhala Buddhist rituals and their beliefs. Our stupid people will put that as #1 before any other issue such as budget deficit or current account deficit or GSP plus issue or inward remittance issues…etc., which are more important for the loaf of bread than worshiping a kaputu bo tree!! As long as the voters are emotional, irrational, uneducated, stupid and be ignorant worshipers of kaputu bo tree Buddhism, Rajapaksha gang will keep thriving in this land!

            • 1
              0

              Jit and all other sensitive souls of this platform@
              .
              I happened to watch the following video from ARUNA last evening … and also studied closely the comments being added to it… there I thought, srilankens of that nature should be eating ” THANAKOLA” as their main food.

              https://www.youtube.com/watch?v=TbJDfO_oqlA
              :
              Good and educated Rev. Thero makes it clear that ATHGOWWA/Kalu aiyaa/Kalu uncle (that man that takes care of the Elephant should be asked to wear decent – that should be clear to everyone – which I think is very important to display more respect as is the case in Buma and Thailand. Unfortunately, those kind of controll men in SL and India dont even care of their cloths, for some reasons).
              Commenters to video question, if that is the buddhism ? Then the question arises, do buddhistic teachings ever recommend to hurt elephants the way ATHGOWWAS are used to ? ).

              These men fabricate ” fairy tales ” about the NADUNGAMUWE hathiya…… srilanken low level journalists are champions to spread such fictions based on their anecdotal information.

      • 8
        0

        LM,
        I am only commenting on Sajit’s rather boring presentation. If I were to rank Sajit, Mahinda, Ranil, and Nandasena in speech-making, it would come out like this:
        1. (by a wide margin) Mahinda.
        2. Sajit
        3. Ranil
        4. Nandasena
        Mahinda can keep peoples attention. He makes jokes which go viral (Dan sapada?)
        Ranil can talk without a script about many things, but nobody understands him. Nandasena uses a script which even he doesn’t understand.

        • 2
          0

          OC,

          You may be right, … where punnakku eaters dominated srilanka should be addressed using their vernacular langauge….. Kunuharupa culture was introduced to srilanka by Rajapakshes and Wimal buruwanse….. people are addicted to kunukarawala….. than any healthy fishes.
          .
          But to me, Ranil’s speeches contain the facts based information. It is no right to compare a man who talks to the gallery (MAHINDA) with an internationally recognized leader.
          :
          May be you are right, srilanken average would not care much about facts and figures but mediocre rhetorics. This reminded me, how once ” BP Mahinda ” loudly added in a public meeting that he has proved that he can – but pointing out to his 3 bastards sons… that then became people s perception – to call Ranil and Sajth as ” Ponnyas in their words”:
          .

          • 1
            0

            Pointing his finger at his own bastard sons/
            That went then viral/ not even a man from a lowest layer of the society would trust to make such statements on a public stage but Medamulanism allowed his cesspit 😎😎😎😎😎😎😎

          • 3
            0

            No, LM, I think that oc’s categorisation is more or less correct.
            .
            He’s NOT commending Mahinda Rajapaksa to us. He’s warning us that the fellow is a dangerously effective racist crook who knows how to get his message across.
            .
            As usual you’ve over-estimated Ranil Wickremasinghe, who should have retired ages ago. Can you tell me on what basis you say he’s “internationally recognised”? What do the words in parenthesis really mean?
            .
            I can’t now be finding out what the population of the World is; isn’t it something like 6 billion? It is NOT necessary that half of them know who this unprincipled survivor in Lankan politics is. I admit that if about a quarter of the intelligentsia of the world who can point to Lanka on a map of the world, (that would probably cut down the required number to a few hundred thousand), were to assent to your statement, you’d be justified to make this assertion.
            .
            What is his standing within Lanka? Look at the results of the August Fifth, 2020 General Election results. There you have the answer.
            .
            My personal respect for you remains, but you are given to making loose statements!
            .
            Panini Edirisinhe

            • 1
              0

              SM,
              “What is his standing within Lanka? Look at the results of the August Fifth, 2020 General Election results. There you have the answer.”
              Not really. That was his standing in 2020, after relentless vilification and undermining by MS and the Pohottuwa crowd. Consider the alternative “popular ” leaders. The Rajapaksas? Weerawansa and the 11 “parties”? Another dose of Maithripala? Champika Ranawaka? All Sinhala Buddhist bigots to a man.
              Sajit? He is remarkably pedestrian trying to be only slightly less Sinhala
              Buddhist than the regime. He has some good team members, but so far no new ideas.
              RW is incomprehensible to most voters, his jokes are non-existent, but he knows the constitution and many other things by heart. He isn’t popular because he doesn’t make populist promises, a big disadvantage in a nation of gullibles. Even his good decisions, like the fuel price formula, and tax policies were used against him.

              • 2
                0

                SM,
                Here is a guy who is a serious alternative. He is smart, multilingual, makes excellent speeches, young………
                But do you think he has a chance in this bigoted country? That’s our real tragedy.
                https://fb.watch/bUYmqydZ9d/

                • 4
                  0

                  Dear oc,
                  .
                  I was about to just say that here is a talent indeed. However, Shanakiyan Rasamanickam strikes me as being more than just a man who is enviably fluent in the three languages that are used in this country.
                  .
                  I haven’t made a detailed study of him, perhaps for the reason that you adduce yourself: there’s no way that he’s going to receive votes from Sinhalayo who follow their version of Gauthama’s Dharma.
                  .
                  However, whenever I hear Shanakiyan speak, what strikes me most is his sincerity, and his knowledge of conditions in Lanka. In a meritocracy this should come out clearly.
                  .
                  To put it all in my perspective, I would vote for him. I wish I could say something more interesting, but I’m sleepy.

                • 0
                  0

                  OC, brilliant guy! In my dream world, this man will be the President of my native country. But unfortunately it is a bigoted tiny land where people are sleep walkers hypnotized with so much of Ravana dreams!

            • 2
              0

              Mr SM,
              .
              thank you for your comment. I am afraid, I dont think we have the answer there. Please check it again.

              If you would please compare the 2019/2020 election results, there even whole lot of srilanken graduates voted for GR/MR. By the time, they did so, what went through their little heads is beyond my comprehension because anyone with some sanity was very clear, Rajapkshes are the record breakers in high crimes.

              Reminding you again, Incl. Dr Kumar David, I hoped that JVPrs would win over 10 or more seats in the parliament.

              Unfornuately, not just UNPrs but also JVPrs were marginalized by the very people. So, we should put the blame not just on POLITICIANs, but also on the people and not forgetting the huge influence made by main stream media (TV channels, printed media).

              Any civilized country would have kept JVPrs above going by the manner they did everything getting RAJAPAKSHE-CRIMEs investigated. There, without being biased to any party politics, we should promote them… but people did otherway around why ?
              -‘
              Clearing your doubts further, I dont support SRILANKEN politics, but I just add my thoughts being against to RAJAPAKSHE and their crimes from the day one ( for a period of 20 years now).

  • 5
    1

    Unfortunately our constitution is too rigid. A fixed term is not necessary for a Presidential term or for Parliament for a country like Sri Lanka.
    You could fix a maximum.
    A fixed term could be acceptable and prudent in a mature democracy, but it is a retrograde step in a country like Sri Lanka. Just to copy USA or UK is amateurish.
    When a critical situation develops, the best way to resolve is to call for elections and make a fresh start.

  • 17
    2

    How can an incapable, incompetent, and ignorant man like Sajith Premadasa lead a political party that claims to govern the country that has been brought its lowest economic, political and social in history since Independence? Unfortunately, there are a number of competent and capable politicians in his party (SJB) who cannot even correct this man Sajith. The main “Objective” of Sajith is nothing but to by hook or crook become the President and fulfill his family’s desires. That “Desire” is well pictured in his “Stupid” arguments of asking the incumbent President to “Hand Over” the Government to him. As explained in this article, he even doesn’t know the Constitutional provisions but has the nerve to address the audience gathered at the Presidential Secretariat. Sajith is another “Crook” who needs to get into power because he is well aware of what happens if a “Peoples Power” gets the reins of governing the country.

    What a “CURSE” that has fallen on SJB?

    • 5
      0

      “……..How can an incapable, incompetent, and ignorant man like Sajith Premadasa lead a political party that claims to govern the country that has been brought its lowest economic, political and social in history since Independence? ….”

      Absolutely agree Simon!
      SJ has no bloody backbone, fire, vision or tenacity to lead SL from these world class pirates.
      Most probably he has already signed an undisclosed pact with Rajapaksha gang to absolve them with any corruption, just like his old boss bloody RW.
      Despicable!!

    • 2
      1

      Dear Simon,
      Please add your thoughts on the points made by our ultral sinhala racist – BP EE below.
      .
      https://www.colombotelegraph.com/index.php/unattainable-demands-or-system-change/comment-page-1/#comment-2426290

    • 3
      0

      My dear Simon mahathmaya @May I ask u who can be named as capable in today s context? .
      Though LKantha seems to be doing well.
      .
      And public speeches of AKD are yet comprehesible to the educated people only. Statistics would nt be their cup of tea.
      The educated are not even 25% in the country. Even if they are local graduates/ most of them behave yet today similar to the ones joined to Dhammika paniya ques/ or Nagaya-Carried fake relics to Kelaniya temple.
      .
      Dr Harini Wijesooriya s is polarising. But who else would be among the leaders in that NPP if many from other parties would nt join THEM ? 😎😎😎😎😎😎

      • 4
        0

        Dear LM: Please note AKD is only a “Spokesman” who can as you said address the educated people. I am aware there are growing, yet “Unheard” voices that are working in a very meaningful way to look at the present situation differently and pragmatically to do the “CHANGE”. I give you a “Clue”:- Recently young, well educated and the well-employed group got together to “Design” a slogan taking into consideration to address the much talked of “Exodus” of linning” to “FLY” abroad. One bright guy came up with a great idea and coined the slogan: ” NO FLIGHT BUT FIGHT”. I saw this printed on the “T’Shirts” worn by the young crowd marching in Colombo. I have spoken to very many of these “Groups” and they are ready for a “CHANGE” may not be or even outside the “Archiac” way of “AKD GROUP”, yet, within NPP and efinitely not with any other political out fits. Keep in touch.

        • 2
          0

          Simon, mobilizing the locals and creating a momentum to go against these world class rogues would not be a big issue for NPP inside Sri Lanka. However, my main question is, how can they deal with the international issues such as dealing with India, USA and China which you cannot ignore when considering our damn weak financial situation and their demand on our Geo-political stance?? Eg. the political allegiance expected by China, India and USA are completely 3 different scenarios! Does NPP or JVP have fathomed the gravity of it yet and have any substantiated policy to deal with them all in a harmonic way??

          • 3
            0

            Jit: Thanks. Your question is very crucial and needs to be first “Resolved” and “Answered”. I still haven’t been able to find an answer.

    • 5
      0

      Dear simon and Jit,
      .
      Thanks for your consistency.
      .
      LM: Your heart remains one wrought of gold, but I think that you should exchange it for one which is of greater mundane use. Make fewer comments, but make them more carefully! I see, below, that you have renamed Dr Harini Amarasuriya as Wijessuriya.
      .
      You regularly castigate the “Rajapakshes” – thanks. But please get the spelling right. You’re not some foreigner with no knowledge of Sinhalese society. The spelling that you use is that which Dr Wijedasa Rajapakshe uses. We don’t usually talk about caste, but that difference in spelling mirrors a difference in the castes they CLAIM to belong to.
      .
      The fact that we assert that the concept of caste is flawed is immaterial to the point I’m making. We assert that all humans are of equal value – and we have the right to slaughter and eat whatever animals we fancy. That’s a bit arbitrary!
      .
      I’m NOT going to eat up Gota or Putin; but if they are fed to sharks, I’d be happy!

  • 13
    3

    We have to think carefully! If Gota resigns, although Mahinda cannot be the President immediately due to the number of times he has been the President, he is not going to give it up easily. He will have two options.

    Speaker will be appointed the President and with the support Mahinda has in the Parliament today, the slaves would amend the constitution again taking away the limitation on past Presidents. Once this is done, Speaker will resign and the Parliament would vote Mahinda as the President.

    The other thing that can happen is, as per the constitution a person who has been a President cannot contest twice. But in this scenario he is not contesting, so Mahinda will go to the Supreme Court asking for an interpretation of this clause in the constitution. As we all know the justice system, Attorney Generals’ recent actions, and even Supreme Courts’ recent decisions have gone to dogs. SC will give a decision in favor of Mahinda and Mahinda will become the President again.

    Do we need this? If any of these two happens Mahinda will pave way for Namal Baby, the mola motta modaya to become the next President. I won’t be surprised even if the Pohottuwa crooks vote for Namal as the President if a vote is called in the Parliament.

    • 8
      0

      B1/
      .
      People s hatreds grow up drastically against any Rajapakshes/ many among us would nt disagree if Mahinda the fake man in slanken history of politics would shed his last breath in a cell. He deserves well it than any Guantanamo high criminal s because this man s hypocrite agendas and power greedy politics turned srilanka number one debt trap to china.
      .
      Experts make it very clear rampant corruption architect is no body else Mahinda and his so called development projects of which no nothing brought back to the country but made them and their henchmen richer leaving the destitute aside/ yet today bugger et al behave as pietless would behave in funeral houses. 🐃🐕🤥😎😡😶🐃🐕🤥😎

  • 12
    7

    Oh don’t be silly Nihal.
    The remarks and the challenge were all rhetorical.
    Inadmissible in Court of course!

    Kumar David

    • 3
      3

      Professor Kumar,

      Dr. Nihal’s object was putting together an argument to request Valaththodam to organize people to change the JR’s constitution. He has done that eloquently. But Valaiththodam’s whole intention is becoming the next EP. Dr. Nihal accepting that too. In that condition Dr. Nihal’ wish is unattainable so he need to call for a french revolution to annihilate the UNP-SLFP royals and save the Langkang.

  • 7
    2

    Dr.Nihal.J. has however not spelt out the steps involved in restoring the Parliamentary Executive System led by a Prime Minister on an urgent basis. Until AFTER March 2023 there is no way for a General Election and that too only IF the President condescends to dissolve Parliament. ONE FULL YEAR TO GO.
    So, what is meant by URGENT to throw out this rotten system of Executive Presidency.?

    • 1
      1

      Sit tight, cross your fingers, twiddle your thumbs and suffer the plight everybody brought upon themselves, one and all!!

      • 2
        0

        This was not overlooked prior to elections in 2019. People die today on ques/ but Medamulanism doest seem to focus on the the essentials. Elephant is In the room but people stay blind and deaf. .

        As i warned u many actions then the mlechcha men would allow a huge blood shed sooner than later.🐕🐃🐕🐃🐕🐃🐕🐃😡

        • 0
          0

          Juliampitiya amaraya would have done the job better for sure.😡🐃🐕😎🤥🤔😶

  • 8
    1

    I am not qualified to question a stand taken by respectable Dr. Nihal Jayawickrama.
    However, his poser, ‘Should a responsible political leader mislead the average voter by making such unattainable demands’, makes me do it.
    How does Nihal Jayawickrama see a responsible political leader in Sajith Premadasa?
    That he is the leader of a political party, does not make him a responsible one.

    • 5
      0

      “That he is the leader of a political party, does not make him a responsible one.”
      Make a list of political leaders and draw your own conclusions.

  • 7
    0

    Brilliant exposure of the ignorance of our British educated Leader of the Opposition who is masquerading as the President in waiting. NJ.

  • 3
    0

    Under our Constitution, the President has no power to call a “snap presidential election”.
    When a house on fire you call for fire brigade.

    If the country is in bad shame what is the use of sticking to constitution.

    Committing future generations to provisions which no longer serve the greater good or function as they should. Therefore, constitutions should be capable of being changed, but not too easily

  • 9
    1

    Dr NJ has jumped on something Sajith Premadasa said in a rhetorical way to show his erudition. NJ reproduces sections of our constitution which should be obvious to anyone.

    Dr NJ recalls the halcyon days ( for the children of well to do for sure , living off the little fat of this poor country ) between 1948-1972 when we began the journey of our disastrous republican constitutions .

    We also recall the very active role played by now sober NJ to usher in a ‘peoples” era , including sitting uninvited in the inner tables of the supreme court ! NJ was very active in bringing the 1973 constitution including lectures and newspaper articles supporting the dastardly constitution.

    Hypocrisy seems particularly strong here.

  • 11
    0

    As was pointed out earlier, the fiery rhetoric coming from Sajith to rouse the people gathered, is by no means constitutionally applicable. However, one needs to ask if the constitution has been followed to the letter, or at all, in that island Paradise formerly called the Pearl of the Indian Ocean, in the halcyon era that he nostalgically recalls. The constitution has been used as a tool to wield power as required by the parasites who have ruled the country for decades on end and has probably never been implemented in govt offices, police stations, courts, or any other institution where it should have. Otherwise how is it possible for people to drive along public highways in full daylight with no number plates in long convoys when there is a dire shortage of petroleum? Why didn’t the police book them? Not only that, the bikes in that convoy were perhaps double the maximum engine capacity allowed by the law. And no one is charged according to the law provided for, in the constitution. So too, when ministers invade prisons and ravage the inmates at gunpoint, the criminality is never exposed or charges brought, but other ministerial portfolios given in due course. The constitution cannot be relied on, to protect or serve the people.

    • 2
      0

      The author has taken this Sajith boy unduly serious.

      Soma

      • 4
        0

        soman

        “The author has taken this Sajith boy unduly serious.”

        When you lot take Wimal, Udaya, Dinesh, Vasu, Shavendra, Kamala, ….. Asgiria, Malvattu, ….. Namal, Basil, Gota, Mahinda, …… Cabraal, …. Gnana, ….. seriously, why not mummy’s boy Sajith?

        By the way like Navin Nayake Sajith can speak English.

    • 4
      0

      Lasantha, as usual, your comments are well written. The problem with Nihal J’s position is that he is still thinking within the box. The ruling mafia family has taken control of parliament, the judiciary, the police and the armed forces. They don’t give a hoot to the constitution. Only a violent overthrow, followed by banishment to Uganda, where most of their loot has been invested, will work. The family, and all all their hangars on, should be banished or worse.

  • 8
    3

    Eagle Fk HLD, You bugger will never learn. Para dhemalu or para sinhala? Who is vijaya? Who is Buddha? Who is Mahintha? Who is Blinds original parents, with brown eyes and whhite skin? Who is Bali? Real fool. You worship para dhemalu and see how this paraya country will start prospering. Para dhemalu even ready to buy.

    • 0
      1

      Black Lankan,
      “Who is vijaya? Who is Buddha? Who is Mahintha?”

      They are not ‘Demala’!

      • 1
        0

        However, as per your bible Mahavamsam, he fled from Vanga Nadu, landed on the island, seduced Dravidian Thamizh Yakka Kuveni to get the kingdom abandoned her and his two children with her aferwards and to become fully accepted and royal married a Pandian Thamizh princess and got his 500 so-called high born rowdies, who were also banished and were forced to accompany him to also marry 500 Pandian rowdy babies. So all have lots of Demala connections. Proving as per the Mahavamsam from the very inception the Chingkallams descended from Rowdy Vijaya and his 500 thugs were half Thamizh. They only made up a small proportion of the original Chingkallams, what about the indigenous Naga, Yakka, and all later immigrants largely from the then Thamizh country in South India, who all converted to Buddhism and also became Chingkallams. Lots of Demala connections. In Chingkallams whether you like it or not. Their DNA also proves this. Huge contribution from the Thamizh in the Chingkalla genetic makeup and little contribution from other parts of India.

        • 2
          0

          Lord Buddha and Vijaya may not be Demala but you and most Chingkallams definitely are Demala. Mahindra is not Demala, he is Malaccan Christian. Just look at the face, also the face of the war criminal, racist Chingkalla Buddhist fascist President. A map of East Asia. Even you married a Damali and thanks to relatives now have fled to Melbourne Australia for the good life and just like the so-called mythical Vijaya backstabbing and posting anti-Thamizh racism. He did that to his tribal Dravidian Thamizh Yakka Kuveni and steal the kingdom and you most probably for the good life in Australia.

      • 2
        0

        All this hatred for the Demala, especially when you have a Demala wife. If not for the Demala there will be no Sinhala or Sinhalese. Your so-called Prince Vijaya took a Demala wife from the Pandian country to be his queen and all later kings on the island married Pandian Demala princess or were Pandian Demala themselves and after that Naicker Demala. The vast majority of the present-day Sinhalese are descended from Demala. Indigenous Naga and Yakka and from Demala Indian immigrants and invaders from South India. Go and read the history and origin of the Sinhalese Karawa, Salagama, Durawa, Berewa, as well as the origin of many of the so-called Sinhalese Govigamma and Radala families, both low country and Kandyan. The Bandaranaickes, the Jayawardene’s, the Ratwattes, the Wickremesinghe’s as well as many other Sinhalese leaders are all of recent South Indian Demala immigrant origin. Despite the deliberate Sanskritization of modern Sinhalese, its vocabulary is still 35-40% of Demala origin. The Sinhalese grammar, alphabet, lexicon, and syntax is 100% Demala.. The Sinhalese culture, dress forms, festivals are all from the Demala, even the Hindu gods they worship are all Demala Hindu gods and nothing from North India, despite claiming North Indian origin. Even you will not be in Australia without your Demala wife and her relatives. Yet all this hatred for the Demala, run them down and want them destroyed.

        • 2
          0

          This is the story of most Sinhalese. Immense hatred for the Tamils, despite being almost Tamils themselves and the immense contribution the Tamil language, people, and culture made to the Sinhalese language, people, and culture. By trying to destroy the Tamils, they have now destroyed themselves and the country. Yet they do not get it. They want help from India, to restore the country but still want to destroy Tamils and Hinduism. Even all their political parties are all the same and have the same mindset. With this mindset and attitude, the country will never improve.

  • 6
    0

    Yes, Premadasa Senior could go on for ever without a script but after a few minutes it was a meaningless ramble.

    • 4
      0

      Fred

      “Yes, Premadasa Senior could go on for ever without a script but after a few minutes it was a meaningless ramble.”

      Do you think he would have beaten Communist Comrade Fidel Castro’s record, United Nations — 4 hours and 29 minutes in 1960, and 7 hours and 10 minutes he spoke at the Communist Party Congress in Havana in 1986?

    • 1
      0

      Premadasa Senior and Mahinda have much in common. Mahinda is but worst. Yet today, people in this country, dont seem to know the real face of Mahinda. For sure, his wife – the gold biscuit queen does not either. What a cunning man…. he does not care about the real grivances of the destitue in this country…. just keep on enjoying on the cost of them. … heartless buggers will end up being sent to the ultra hells soon.

  • 3
    1

    What a timely contribution from Dr NJ. I have been wondering, amidst the protests and demands for the President to quit, about the constitutional position, and thank Dr NJ for explaining it with characteristic lucidity. ‘Should a responsible political leader mislead the average voter by making such unattainable demands?’, Dr NJ has asked. Of course, not but Sajith Premadasa is doing what most of our leaders have always done. SP leads the major Opposition party but what credible, coherent and meaningful policy does he present? His major claim to fame is being his father’s son – in other words, the advantage of birth, the very thing his father had to battle so hard. SP seems to lack the maturity, depth of understanding and good sense that a good leader must command. The Premadasa name alone is not going to get him there. The electorate is more educated and sophisticated than that to fall for the ‘magic’ of a famous name. Protests and demonstration are legitimate tools to employ but for heaven’s sake, firstly be clear in your own mind how you can properly effect a change, and don’t mislead the electorate with visions of an unattainable goal.

  • 2
    0

    The govnt should change it would be better put the cart on Lohan Ratwatte and Duminda Silva got the quality of current trend.

  • 4
    1

    Nihal Jayawickrema’s is taking a dull pedantic, technical and narrowly legalistic perspective. It concentrates on the letter of the constitution ignoring its spirit which is enshrined in Chapter 1.3 according to which ” In the Republic of Sri Lanka sovereignity is in the people and is inalienable”. The rest of the constitution ( including the 20th amendment), by giving virtually absolute power to the president and his slavish minions in parliament, is a contradiction of this article and effectively withdraws the sovereignity guaranteed in the preceeding clause. That is the fatal paradox. Where tyranny is enshrined by constitution it ceases to uphold the sovereignity of the people and becomes their enemy. Where evil rulers have become universally hated by the people it is irrelevant to identify clauses which they can use to cling to power in a constitution which itself has become hostile to the people’s sovereignity. The Constitution is made for man , not man for the Constitution. The infamous “Enabling Act” that was passed by a 2/3 majority On 23rd March 1933 was to become the cornerstone of Hitler’s dictatorship. Did that mean that constitutional enactments being sacrosanct come what may ( as Jayawickrema would have us believe) millions of Jews should have entered the gas chambers in the comforting realisation that at least what was happening to them was in conformity with the constitution ?

  • 4
    0

    Obviously, Premadasa jnr. was playing to the gallery, just like his old man.

    If SP;s strategy was to force the President to resign under A38 (1), would MR, who has already served his 2 terms, eligible for another period, even as caretaker? A38(2) would be the better option but getting a corrupt parliament to tow the line would be mission impossible. I would expect SP, as an internationally, graduate from the prestigious LSE, to be aware of the legal small print & come up with a better strategy than ranting in public meetings. This confirms SP as just another self serving politician, not the sincere, wise leader needed right now.

  • 9
    0

    I think the time has come to shed the slave downtrodden mentality and deal with the situation in Sri Lanka head-on.
    First and foremost we should realize that we are a democratic country. This means that the citizens call the shots and the majority carries the day.
    It is logical that, if the majority of the citizens feel the government they voted for is not performing to their expectations, then constitution or otherwise, the citizens can ask for the dismissal of the government.
    We have the right to demand good governance, after all, it is from taxpayers’ money that the appointed leaders are paid.
    We cannot be made to follow a stupid constitution that was not written with our involvement. It is time to exercise our rights as citizens of a democratic country, as simple as that.
    The next issue should be to set aside party politics, set aside religious, ethnic and any other divisive politics and decide as a group of civilised human beings what is good for all of us as citizens. Everyone know what is good for him, it is not rocket understanding this fundamental principle when we come together to demand our rights.
    We have suffered so long because we have been stupid and blindly divided and manipulated by so called politicians with devious plans of self-development whilst leaving the working class ordinary citizen to suffer and carry the workload.

  • 4
    1

    Fred

    “Yes, Premadasa Senior could go on for ever without a script but after a few minutes it was a meaningless ramble.”

    Do you think he would have beaten Communist Comrade Fidel Castro’s record, United Nations — 4 hours and 29 minutes in 1960, and 7 hours and 10 minutes he spoke at the Communist Party Congress in Havana in 1986?

  • 2
    0

    The solution lies, not in replacing one authoritarian President who is possessed of absolute power with another, but in restoring the parliamentary executive system of government, based primarily on single-member constituencies, and led by a Prime Minister responsible to the elected legislature, and therefore responsive to the economic and social needs of all the citizens of this multi-ethnic, multi-religious and multi-linguistic country.

    The restoration of that system is surely the most urgent remedy; not the substitution of one group of politicians for another, ….
    Sorry I could not agree with Dr. NJ.

  • 1
    0

    This is nothing better than grinding the same batter again and again for 75 years. Just one example, what happened Sri Lankan Airlines when Peter Hall forced to resign. My opinion is people are more important than the system. In Tamil they say, “it is the rookie dancer blame the stage”. Recently Sampanthar Aiyya said to the British Ambassador. “You gave us a constitution that was similar to yours, but now where is your democracy stands and where we are!” Anything we have now evolved to this is from British constitution. If Valaiththodam is going to create a new constitution, it is guaranteed to be even worse than JR’s ones or 20A. Which of the party’s government implemented the 13A to resolve the National question of Tamils? Can somebody tell me where, Mr. Clean, Ranil took Yahapalanaya? Urgent need for Langkang is a French Revolution and sent all UNP-SLFP royalties to Siberia. Then any dumb constitution written by any Moran will do for the country.

  • 7
    0

    Should Sri Lanka continue on this present trajectory, we cannot predict to what depth we will sink.
    All sri Lankans need to come together and work in unison to salvage the situation.
    For starters, the present government, its henchmen, the entire Rajapaksa family should be apprehended, prosecuted and punished to the full extent of the law, their assets and stolen wealth should be returned to the national coffers.
    What the course of action should be after this? Do we continue to use our ears and our emotions to continue with the prevailing trend of selecting our next set of leaders based on their bogus stories or do we make a serious change in the way we think?
    We have no option at this time to accommodate yet another set of self-serving big talkers and hope that they will deliver. We have seen this many times in the past and it has not worked out this far. This has been our problem all along.
    The buck should stop here, I say it’s time we start thinking, for a change, let us objectively look into the actions of the big talkers and dissect their words, let us cross-reference the words with their past actions and decide for ourselves the actual substance in these actors.
    There may be those who don’t come out to campaign, that doesn’t matter, if the citizens find them worthy we have to call them out to serve the country at least for a short while, till we can fix the problem.
    Let us make a list of genuinely good, professional and experienced people who can lead us out of this mess.
    Let us not get misled by emotion again. Let’s take the “bull by the horns”
    this time and save our land and our people. Let us do the right thing starting now.

    • 5
      0

      Dear HT,
      .
      Things have got so bad here that the Rajapaksas will not be able to hold out much longer. You are helping to rally the forces against them. Many thanks.
      .
      You are a good guy, comfortably ensconced abroad. You have a chef; do you have a butler, too? Please pity us poor fellows!
      .
      Instead you continue to impose impossible conditions on the opposition. Not all the members of a particular group may be perfect, or even acceptable. If they are crooks (one is never sure where scum like Weerawansa, and Dayasiri Jayasekera belong. It’s been like that for decades!), have nothing to do with them.
      .
      We have to strongly support a grouping that has a realistic chance of having a decisive say in how we move forward from here. Shanikayan and Imtiaz Bakeer Marker are fine, but in this racist society will they stand any chance of emerging as the dominant force? However, they could command sufficient seats in Parliament for their support to be crucial after a possible election, much to the horror of the “Sinhalayo”! I wouldn’t expect either of them to make unprincipled “horse-deals”.

    • 4
      0

      When you are next in Lanka, please make a trip up to Bandarawela for long enough to get lessons in Logic from me.
      .
      I was fairly good at it in days of yore!
      .
      You could stay with me, but as my daughter told you, your delicate and refined wife may not find my place tolerable!
      .
      Regards,
      .
      Panini

  • 4
    0

    Dear Dr Nihal Jayawickrema,
    .
    I read your article a few days ago, but could not add my two cents worth.
    .
    It is sound as far as it goes; legalistic, with dollops of common sense regarding the “balance of forces” within the government, which has nothing to do with legalities.
    .
    When things get as bad as they have, if the “people” are sufficiently adroit in the way they pressurise the 225 in Parliament, we may get result that you have rejected based on your intelligent assessment. Some of the SLPP fellows may realise that “the Royal Family” has taken them for suckers. Corrupt as they possibly are, not all of them can “Learjet” out of the country that has been plundered.
    .
    Why does G.L. Peiris continue to serve these crooks? I assume that you are on personally cordial terms with him? You are married to two sisters, aren’t you?
    .
    There’s so much that retired village Schoolmasters like me don’t know. But it’s a small world; GL will identify me, and my sister (who sadly holds quite different views), without difficulty.
    .
    Panini Edirisinhe of Bandarawela (NIC 483111444V)

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.