10 August, 2020

Blog

Why Didn’t They Read Article 170? 

By Nihal Jayawickrama

Dr. Nihal Jayawickrama

Background

On 2nd March 2020, the President, in the exercise of his powers under Article 70 of the Constitution, issued a Proclamation dissolving Parliament. He chose to do so six months before the term of Parliament was due to end, and four days after the World Health Organization had described the novel coronavirus as “a public health emergency of international concern”.

As required by Article 70(5) of the Constitution, the President in his Proclamation fixed 25th April 2020 as the date of the General Election and 14th May 2020 as the date of the first meeting of the new Parliament. That Article requires the President to summon the new Parliament to meet on a date not later than three months after the date of the Proclamation. Indeed, whether Parliament is dissolved on a date of the President’s choosing, or at any time at the request of two-third of the membership of Parliament, or whether Parliament is dissolved by operation of law at the end of its lawful term, the Constitution requires the new Parliament to meet within three months of the dissolution.

As required by the Parliamentary Elections Act, between 16th and 22nd March 2020, nomination papers were received by returning officers appointed by the Election Commission. Meanwhile, on 11th March 2020 the World Health Organization proclaimed Covid-19 as a “pandemic”, i.e. a global spread of a new disease. On 20th March 2020, a 24-hour island-wide curfew was imposed by the Government. At or about that time, obviously influenced by these events, the Election Commission was reported to have written to the President stating that it was unable to conduct the General Election on the date specified by the President in his Proclamation, and requesting the President to seek the advice of the Supreme Court on how to proceed in the matter. It has also been reported that the Secretary to the President replied that it was the responsibility of the Election Commission to fix a new date for the General Election and that, therefore, the question of a reference to the Supreme Court did not arise. It was subsequently announced that the Election Commission had re-fixed the General Election for 20th June 2020.

Serious issues of constitutional law

There are many issues of constitutional law of profound consequence that arise from the failure of the Election Commission to conduct the General Election on 25th April 2020, and from its intention to do so on 20th June 2020.

1 One is the period of validity of the Proclamation of 2nd March 2020 made by the President under Article 70(5). That Article requires the General Election to be held, and the new Parliament to meet “on a date not later than three months after the date of such Proclamation”. Since the General Election has not yet been conducted, it is impossible for the new Parliament to meet on 14th May 2020, or indeed on any date prior to 2nd June 2020. What is the status of a Proclamation that has not been implemented? Does it lapse or expire, thereby reviving the Parliament it sought to dissolve?

2 Another is the validity of the new date for the General Election fixed by the Election Commission. When the Constitution explicitly vests only in the President the power to fix a date for the General Election, and requires him to do so in the Proclamation dissolving Parliament, by what authority has the Election Commission purported to usurp, or arrogate to itself, that power? A letter from the Secretary to the President is hardly a substitute for the Constitution.

3 A third arises from the failure of the President to “amend, vary, rescind or revoke” the Proclamation issued by him on 2nd March 2020 by exercising the power granted to him by section 18 of the Interpretation Ordinance, when it became apparent that the General Election could not be held on 25th April 2020. It was his duty to fix another date for the General Election, having regard to the progress being made under his direction to contain the spread of Covid-19. If the procedures could not be completed within the three-month period stipulated in Article 70(5) of the Constitution, it was surely his duty to revoke the Proclamation and make a fresh Proclamation reflecting the realities of the current situation.

4 Yet another issue arises from the continued functioning of the Cabinet of Ministers. Under the Constitution, only Members of Parliament may be appointed to the Cabinet. Accordingly, provision has been made in the Constitution for Cabinet Ministers (but not non-Cabinet Ministers or Deputy Ministers) to continue in office for a limited period, notwithstanding that they are no longer Members of Parliament. Article 47 states that “The Cabinet of Ministers functioning immediately prior to the dissolution of Parliament shall, notwithstanding such dissolution, continue to function and shall cease to function upon the conclusion of the General Election”.

“Conclusion of the General Election”

When does the “conclusion of the General Election” occur? In the answer to that question lies the answer to all the issues raised above. It is only upon the “conclusion of the General Election” that a new government is formed, that a new Cabinet of Ministers appointed, and when a new Parliament can meet. All these steps are required to be completed, as stipulated in Article 70(5), “not later than three months after the date of such Proclamation”.

Article 170

Chapter XXII of the Constitution is titled “Interpretation”. It has only one Article: 170. In that Article 170, the phrase “conclusion of the General Election” is defined in the following terms: “In the Constitution, “conclusion of the General Election” means the time at which Members of Parliament for all the electoral districts in respect of which a poll has been taken on the date or dates specified in the Proclamation made under Article 70(5) have been declared elected by the respective returning officers, or when on the results declared more than half the total membership of Parliament consists of Members belonging to any recognized political party or independent group, whichever event occurs earlier”.

Therefore, it is only on the date fixed in the Proclamation made by the President under Article 70(5) for the election of Members of Parliament (or on an amended date fixed by the President), that the General Election can take place. No other authority, whether it be the Election Commission or any other body, has the authority to fix or alter such date. Under Article 170, the “conclusion of the General Election” occurs only when the results are announced following a poll that has “been taken on the date or dates specified in the Proclamation made by the President under Article 70(5).

The General Election that is proposed to be held on 20th June 2020, on the authority of an Order issued by the Election Commission, will not be a “poll taken on the date or dates specified in the Proclamation made under Article 70(5)” and will therefore not be a valid poll within the meaning of Article 170 of the Constitution.  

Why didn’t the Secretary to the President read Article 170 before writing to the Election Commission requesting that body to re-fix the date of the General Election? 

Why didn’t the Election Commission read Article 170 before purporting to change the date of the General Election to 20th June 2020? 

Why didn’t the President’s legal advisers read Article 170 before tendering their professional advice to the Head of State?

Print Friendly, PDF & Email

Latest comments

  • 65
    6

    Dr. Nihal Jayawickrama must by now know he is addressing the monkeys who see no evil, hear no evil, speak no evil. They are blind, deaf and dumb. He could hit them with a stonework Article 170 between the eyes and they will plod on, as though nothing has happened.

  • 58
    7

    Dear Prof. Jayawickrama@
    .
    Thank you so much for your article. You have been doing a great job. But the brother duo would respect the doctrine of necessity is questionable.

    The very same so called senior advisers did NOT respect constitutional paragraphs during that 52-day fake govt. In the end, SC ‘s decision tamed them, and shameless current PM made every effort to hide his tail behind his rear legs – I think if people are not reborn, they should not be forgotten
    :
    They simply dont care about the constitutional paragraphs but Rajapakshe-doctrine based on jungle law.
    .
    QUOTE:
    Why didn’t the Secretary to the President read Article 170 before writing to the Election Commission requesting that body to re-fix the date of the General Election?
    UNQUOTE

    Secretary to the president is an alleged high criminal whose former behaviours were investigated during the last few years – in a civilized country, the kind of candidates would be seen in a prison cell for all the frauds they have committed during their previous terms.
THe nature of this man is written in records if any analyst would want to study them.
My question is so called uncorrupted GOTLER to appoint PB as his secretary proved the world that GOTLER is no better to his brother – most abusive leader in SOUTH ASIA today – none other than Mahinda BP Rajapakshe.

    • 32
      6

      QUOTE:

      Why didn’t the Secretary to the President read Article 170 before writing to the Election Commission requesting that body to re-fix the date of the General Election?
      UNQUOTE

      Secretary to the president is an alleged high criminal whose former behaviours were investigated during the last few years – in a civilized country, the kind of candidates would be seen in a prison cell for all the frauds they have committed during their previous terms.
      THe nature of this man is written in records if any analyst would want to study them.
      My question is so called uncorrupted GOTLER to appoint PB as his secretary proved the world that GOTLER is no better to his brother – most abusive leader in SOUTH ASIA today – none other than Mahinda BP Rajapakshe.

      QUOTE
      Why didn’t the Election Commission read Article 170 before purporting to change the date of the General Election to 20th June 2020?
      We got to read how close MACO the president of EC to Rajapakshes – so the answer is public secret
      QUOTE
      Why didn’t the President’s legal advisers read Article 170 before tendering their professional advice to the Head of State?
      UNQUOTE

      Legal advisers such as Susil Prema Silva are well known to be highly corrupted though wearting lawyear titles – these monkeys would do anything pleasing their bosses, not thinking twice.

      SRILANKA under BROTHER DUO will fall from frying pan to the fire.

      • 41
        2

        Legal advisors like Manohara De Silva PC are Petty Counsels.
        I listened to him in one of.OPA session and he lied saying that Judges are selected by Constitutional Council.
        He was challenged by a gentleman saying the PC.is misrepresenting, he should have said.lying,that President nominates and Council only accepts, rejects or chooses among the list..
        He the PC accepted that it was a misrepresentation. Such are these PC Presidential Advisors.
        Dr Jayawickrema I wish you were in active politics. I still admire.the effort you made, there were some drawbacks, in the Judicial reforms you made in 70s, that would taken clients out of the class of PCs.and the rest.
        Salute your clear thoughts on the current political situation, where war criminals are ruining the country politically.and economically during this Corona crisis

  • 7
    4

    He with his Slaves purposely confuses everything

    • 14
      1

      A President not knowing to ask the right questions!

  • 37
    41

    For heaven’s sake!
    /
    Can’t believe that supposed legal luminaries are splitting hairs about a no-issue such as the current election situation.
    /
    Mr Jayawickrama,
    The ‘many issues’ of constitutional law you have raise have no ‘profound consequences’ BECAUSE the failure of the Election Commission to conduct the General Election on 25th April 2020, and from its intention to do so on 20th June 2020 was caused by UNFORESEEN/UNFORSEEABLE circumstances relating to the pandemic..
    /
    The period of validity of (three months) of the Proclamation under Article 70(5). and for the deadline for Parliament to meet (14th May 2020) apply under NORMAL circumstances. The status of a Proclamation that has not been implemented means NOTHING due to the extraordinary circumstances that have caused it.
    /
    Your assertion that only the President the power to fix a date for the General Election, again is valid under normal circumstances. But if the original date is not practicable due to circumstances (as the whole world knows it!), from then on, it is a management issue for the EC.The ‘failure’ of the President to “amend, vary, rescind or revoke” the Proclamation using section 18 of the Interpretation Ordinance, shows you are clutching at straws.
    /
    So none of the issues you have raised really matter.

    • 11
      4

      ” it is a management issue for the EC “ You have very lightly decided what is a management issue for EC and what is an Executive function on the parliament reconvening. Natural disaster- emergency has been foreseen in the constitution and a remedy has been recommended. So if carnivorous is one of them, president must just follow the constitution, i.e. reconvene the parliament. Election commission has no authority under its management function to take over the parliament’s function from parliament and give it to Executive. The way Manohara interpreting the constitution, there is no time limit for EC to delay the election and keep out the parliament until the president’s terms expire, for the cozy of President. Constitution clearly says President should get out of managing the parliament’s limited functions within three months. A full functional parliament should replace the handicapped, president’s parliamentary functions. A parliament is different from the parliamentary functions a president can do. That is why constitution is recommending recalling the parliament in emergency circumstances. President’s secretary has no authority to order to do the EC which the President himself couldn’t or didn’t want to do himself. Election cannot be delayed more than three months, whether president dissolved or parliament went organically dissolved at the term limit.

      • 0
        0

        Malliuran,
        Your condition is not uncommon among Sri Lankans. I have a suggestion. Try the following treatment.
        \
        Go to Kataragama or any Hindu temple where they burn charcoal for sacred fire purposes. Heat an iron rod of about 3 foot long, preferably with a pinty end. Heat it to red hot, lower your pants and sit on it until the heat is felt near your throat.
        \
        This might remedy the situation.
        All the best.

  • 34
    3

    Dr Nihal Jayawickrema being a long-standing loyal member of the SLFP a cabinet member in the few times that the said party was in power is one of the most decent honest gentleman politician ever produced by the most of the racist socialist party which promised to bring rice from the moon to feed the starving masses who had to eat manioc on most days of the week.
    He never compromised on his integrity and to this day is an astute constitutional affairs lawyer who knows his side of the law.
    As one with yonks of experience what he states can be taken as a
    correct solid point of law.
    =ow the current bull in a China shop totally dependent on his military mates even to go to the toilet to answer a call of nature is now on a high degree of inspiration sweat { dadiya }
    Now that the cases have to be heard on an express basis, even if there are biased, not honest corrupt to the core judges hearing them a favourable hora verdict being given in favour of the power greedy rajapuka gang should be appealed against.?
    Hopefully,, honest impartial judges will be given the opportunity to hear these applications and the much-awaited sought after verdicts is a worthwhile wait.?
    The kallathoni arrest evading coward baiya gulls of a war criminal so-called president along with his all sorts of corrupt allies have to be taught the lesson of their hora boru lives and make them disappear into oblivion and never to be seen again.
    A wishful cheer. R. J.

    • 7
      8

      This comment was removed by a moderator because it didn’t abide by our Comment policy.

      For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

    • 8
      0

      rj1952
      “…the most of the racist socialist party which promised to bring rice from the moon to feed the starving masses who had to eat manioc on most days of the week.”
      I guess you mean the ‘most racist socialist party’.
      The SLFP was not a socialist party. It had socialist allies and a handful with socialist leanings. It was, however, anti-imperialist and acted to free the country of foreign military presence and break the imperialist economic grip in important ways (like nationalizing oil companies in 1961, for which the response was an attempted coup in 1962).
      It was the JVP with socialist pretenses that was a racialist party.
      *
      As for history, the declaration “bring rice from the moon” in 1970 during the elections was idiomatic usage meaning “by any means”. Not even the daftest voter believed that there was rice stored in the moon. But the opponents of the UF took advantage of it to ridicule the UF. Some still harp on it, even after the UNP lost interest ages ago.
      The eating manioc part came later during the drought leading to shortage of rice.
      Long bread queues in Colombo followed in the next year owing to economic issues, especially the increase in oil prices.
      Then in 1977 JRJ pledged 8 kg of grain for each person (far more credible than rice from the moon, and therefore naively believed) and those who believed were in for a rude shock, as JRJ had carefully avoided saying that the grain would be sold at market prices.
      There is much to criticize about successive SLFP regimes up to 1977. But the SLFP did nothing like what the UNP led by JRJ did to the country in 1978.

      • 0
        1

        ” As for history, the declaration “bring rice from the moon” in 1970 during the elections was idiomatic usage meaning “by any means”. Not even the daftest voter believed that there was rice stored in the moon. ” Probably other you thinking not even rj1952 is thinking that Sinhala Modayas absolutely believed that rice was going to come from Moon. Other than you all educated people expect when a party promise something in an election, that it had calculated the relevant revenue and expenses for that project. They must have costed the project, unlike the Hangbangtota Harbor. “By any means” was accepted by Modayas as possible promise but those who have sense of economics take it as a fraudulent promise to cheat Modayas. That is what rj1952 is saying. JR too fooled people, but those who know economics cannot compliant, because it was a viable promise. It was the opposition party (SLFP) fault, who failed to explain in the election that people are not getting any free ration under JR’s promise. But that time condition was, Modayas don’t want to hear anything from SLFP and brought UNP with 4/5.

        • 0
          1

          *******
          How is the medication?

          • 0
            0

            ” How is the medication? What?……………… Didn’t get it, yet. When did the consignment departed? Fax me the clearance docs. Do a better job; boss can consider additional bonus too. Watch out Rapist Navy in the deep sea on the international orders.

            • 0
              0

              *******
              So you have not got the prescription and are getting things on the sly, and are now even more confused.
              I am not your supplier of any drug, medicinal or otherwise.
              When did you last see your p*****a****t? Time you did.
              Do not say that I did not warn you.

  • 27
    3

    Now, it is reported that AG has refused to appear for the Election Commission in the cases filed against fixing the election. It could be because he is also cited as a “Respondent” and that is because he is to be “Named” in place of the President in terms of “Amendment 19”. I also remember, the reply AG sent to EC, when his opinion was sought as regards holding the elections. He in clear terms said: “now that you have fixed the date 20 June, hold elections as per the law”. Please note those words “now that you have fixed the date”. There is another “Vizard” (OSTHAR) in advising the President and the Government on any legal matter, and he is none other than “Dr. Wijedasa Rajapakse”. Remember, he was also behind the curtain on advising the then President MY3, to “appoint MR” as the PM in October 2018 and dissolve the Parliament. I also remember, recently he referring to this “Interpretation” clause to express his “Advice”. He justified the action taken by the Government in terms of this “Interpretation” clause at a TV discussion. The “Threesome” advisors, viz. Ali Sabri, Manohar de Silva and Wijedasa Rajapakse, would once again put the President and the Government against the wall.

  • 24
    2

    Dr. Nihal Jeyawikrama,
    It is true that your explanation about constitutional regarding the presidential powers and Election Commission Chairman Mahinda Deshapriya are different. But who is able to resolve this matter? Definitely Supreme Court should come forward to resolve this matter because Srilanka is still a democratic nation. Whether they will come out with the right decision or not we have to go with that. Regarding your questions, I am sure they all would have read the constitutional matters, but they have to make their decision based on their circumstances, situations and their future survival. I can remember after the end of the war, three doctors who served in the war zone were brought to tell the truth about what happened in the war zone. They were telling us through media that they were forced to tell the lie by LTTE. In fact, when the doctors went away from Srilanka, they told the world that that they were threatened to lie in the media. So, truth will only come when there is a freedom only.

  • 20
    3

    What is stated in the constituion need not be adhered to by the president who knows how to manipulate things A typical; an example is his giving up of US citizenship to contest Presidential election The second thing is to get out of Sri Lanka when his beloved brother lost the election. Third thing is to use the formula Singha Buddgsi to win the elections

  • 8
    2

    Administrative Panel Decision, are there to to correct the negligent failure to conduct prior to furnishing overseen statments, is this not for the benficent

  • 14
    1

    Dr. Nihal.J. no doubt knows his Constitutional Law backwards and forwards.

    Parliament was dissolved on 02nd March 2020; True before the Corona Virus; In that sense it was UNFORESEEN/ UNFORESEEABLE as per the comment of Helios above.

    Parliament was dissolved 06 months BEFORE its term was due to end.
    Just 04 days into the dissolution, the WHO had described the novel Corona Virus as a Public Health Emergency of International concern.
    In view of this unexpected turn of events what should have been the logical course of action the President should have taken instead of asking the EC TO FIX DATES for the Poll, which in any event is not their concern.
    The concern of the EC is simply to conduct a free and fair poll!

    Anyway, the Supreme Court has decided to support on 18th May the FR petitions challenging the date for the General Elections.
    The AG has informed the SC that he is not in a position to appear for the Election Commission!

    Vary the dissolution and summon Parliament to meet head-on the Corona Virus Pandemic.
    OMG EVEN IF the virus is of no concern to the Rajapakse cabal what would constitute their concern?

  • 19
    0

    Simple answer to the question raised by the Author:

    Its the power greediness and the need to get the Rajapakse family necks out of the courts. PBJ is only a puppet, he is obliged to do what ever is ordered by Mahinda as he was pardoned by Mahinda. Just because PBJ was pardoned on a particular date he is and will always be a convicted criminal. Unfortunately we have a bunch of educated “Puss Pundits” in this country who think they can yell their way or throw “miris kudu” to get their way for the “santhosams” they get from the Rajapakses. This group includes monkey type of politicians who jump from party to party, religious leaders, racists and some educated fools like GLP, Professors and Community Leaders.

  • 12
    2

    Dr Jayawickrama asks:
    **Why didn’t the Secretary to the President read Article 170 before writing to the Election Commission requesting that body to re-fix the date of the General Election?**
    Answer: ***Because he is all-knowing, all-powerful, is tainted and a shameless ‘yes’ man, in the permanent thrall of his master***

    **Why didn’t the Election Commission read Article 170 before purporting to change the date of the General Election to 20th June 2020? **
    Answer: ***Because the Chairman operates the EC as a one-man show, claims to be acting as an independent commission, and most importantly, he and the President have a special relationship***

    **Why didn’t the President’s legal advisers read Article 170 before tendering their professional advice to the Head of State?**
    Answer: ***Because they are a bunch of intellectually dishonest shills who have mastered the art of deceitful practice of the law, and who have cosy-ied up to their master, in return for the privilege of feasting on some fine black pork curry that comes all the way from Madamulana***

  • 16
    1

    The answer to all three questions raised is a simple one, none of them possess the required the basic threshold of competency for the positions they hold.

  • 12
    1

    Dr NJ has made the relevant arguments, and we owe him our thanks.
    Where do we go from there?
    What will the opposition parties do?
    Going to the Supreme Court is an option but nothing is assured.
    Mobilizing public opinion is a more important option for which they are unprepared.

  • 0
    0

    Some readers sound like Dr. NJ used the S 170 and took a white cat out of his black hat. Their thinking is this is not something a legal point but only a blackart. Some others feeling he threaded a thick twine through the narrow needle hole, not that much realistic. This disappointment feeling mainly due to when there are debates going in CT many tend to be colloquial rather than legal or even logical in their points. So they feel the S 170 is redundant here or excessive for to establish EC’s authority. Those readers should make them sure that at this time the most legally or constitutionally important argument going on in the country is about EC messing up the June 2nd date, and it deserves get cited all possible stones tuned for legal points. The parliament reconvening date needs two clearances, 1). President sets the dates and 2) Election Commission has the election conducted accordingly. EC can delay election for some electorates, but cannot that many that will impair the 50% majority a party getting on the day. This will make election not complete and the parliament cannot convene. This part from S 170 is very important to understand how much authority EC has to delay the election in electorates.

  • 3
    2

    Dr Nihal J is an eminent jurist and knows how to interpret the law. However my simple question is what is the purpose of splitting hairs over legal issues over a poorly drafted constitutional amendment? If the Supreme Court declares the election proclamation invalid and the old parliament has to be recalled, all that the President has to do is to dissolve it once more (perhaps before their first sitting) and call for a new election -maybe on June 20th itself! So why go through all this fuss? What purpose does it serve?

  • 1
    0

    Like the famous Sinhala saying goes: when one desires to eat it the monitor lizard morphed itself to an iguana. That seem to be the way the Sinhala minds are polarized.

  • 2
    5

    Is this about Lankan constitution ???? or constipation ?????

  • 3
    0

    Dr.Wickrama

    *** Gotha is a man with Mission to get his brother elected to have total control but has no Vision. Since disssolving parliament he has set out to conquer with arbitary arrests. From what I have read another one bites the dust.

  • 5
    1

    Dr. Jayawickrama

    Why Didn’t They Read Article 170?

    On 2nd March 2020, the President in the exercise of his powers under Article 70 of the Constitution, issued a Proclamation dissolving Parliament. He chose to do so six months before the term of Parliament was due to end, and four days after the World Health Organization had described the novel coronavirus as “a public health emergency of international concern”

    *** It looks like you all the Intelectuals are bored so need somenthing to write and discuss. Frankly Sri Lanka is a Lawless Country ruled by a Dictator. There is no RULE OF LAW, DUE PROCESS and any one who speaks against him are all dealt with severely. Supreme Court is humiliated and I dont know why all these Civil Group and MPs are going to Supreme Court as with Curfew in Force Gotha can do what he wants and will do what he wants. World is watching and Sri Lanak under Gotha is paying a heavy price but the majority who voted for him dont care.

    • 1
      3

      K
      I wonder if you comment here out of sheer boredom, that is if you are an intellectual.

      • 1
        0

        Under the new order, donkeys recused themselves. But monkeying around could not be eradicated. Anything is Chinese ping pong for them. If you throw a hat they do it back; if you throw a cloth, they don’t, they are naked.

        • 0
          0

          *******
          Translation please.
          Thanks

          • 0
            0

            ?????????

            The Language you speak is under lock and key in the store room of your boss. Get him to delivered some of those translators to you. Meaning you seek will be an instant bliss.

      • 1
        1

        SJ

        Since you are upset .let me tell you with all nonesty. I dont comment out of sheer boredom but out of Concern and utter DISGUST and I will tell you why. Although I live overseas I breath Tamil Eelam is in my Heart and Mind. Sri Lanka claims to be a land of Intellectuals and Civilised . None of this is true as actions speak louder than words. Sadly Sri Lanka is ruled by bunch of CRIMINALS ( GOTHA, SHAVENDRA ) THUGS ( MR) THIEVES ( BASIL WEERATUNGA) and so on a fact recognised by the Civilised World butdenied by on; the Majority Racists African behave better than you.

        • 1
          0

          I am now inclined to believe that it is boredom.
          You have to try very much harder to upset me. But you amuse me effortlessly.
          *
          You said: “the Majority Racists African behave better than you.”
          What does this mean? Are you saying that Africans are Majority Racists, or are using African as a derogatory adjective?
          The latter is consistent with the racism of the caste-ridden Tamil conservative mind.

  • 6
    0

    There is no argument regarding the substance of the article, well analysed and written with much experience I am sure. However, what drives Sri Lankan society now is not the legality of acts or orders, nor constitutionality. Instead, they are blind loyalty to political heroes, extreme and unethical bias towards people who grant the people favours, raw force and a contempt for the law or notions of justice. Therefore, these articles in the public domain are next to useless, as they do not in any way contribute to the choices of the buffaloes when they keep electing parasites to rule them.

  • 1
    0

    Kali, I agree with you. It is not out of boredom I too called constitution as constipation. Lankans seems to love existing in ever lasting denial, and when some one points out they become either angry, offended, or go into further denial.(very common in medical world what is known as “alcoholic thinking”). Lankan constitution is not worth the paper it is printed on. That is a fact. But our ego dosent allow to accept that fact. This is not the only thing Lankans deny, pretty much every thing we discuss today has been either denied onetime or still being denied. Let it be race, religion, history, discrimination, racial suppression, other causative factors, economy, morality, Loo and Odor, zero casualty,Dr. Shaffi,Easter, dysfunctionality, SHAM elections and worthlessness of our CONSTITUTION (that is why I call it constipation for elderly it is a long lasting chronic problem).Otherwise how on earth can a country face such unanswered questions for years.Only stupid and in denial can find a way to be where we are after 30 years of war, two insurgencies, Tsunami, Easter and now pandemic. Only when people are in denial where 20 million people can come up with family dynasties since independence Senanayakas, Bandas,(whole family) Rajapaksas,(unlimited)JR/RW(only two but appears like twenty of them ) and Premadasas.

  • 1
    0

    For people who think we Lankans do have a CONSTITUTION worth discussing here , I say Rajapaksas will conduct elections and get elected with or without it. That is the worth of our constitution. Once that happen then the constitution is good enough for constipation and nothing else. In medical world we come across hundreds of alcoholics, many of whom in denial until their last breath. And believe it or not, many of those patients family members too are some times in denial (total or partial). I hear family members telling “yes he drinks a lot but it is not really a problem”????. (problem for whom ???? patient or for family members ) . End result is most if not all, die because of alcohol related complications. Even after death the family keeps repeating so and so died of this or that complication, without realizing its alcohol related. There has been murders, political killings in past many years, which are yet answered and some of them were executed using constitutional loop holes and people are busy discussing, what is on paper than what is truly implemented. When considering abuse and exploitation, looks like there is no difference between religion and Lankan constitution. There may be a constitution in Lanka but what has been implemented is not worth a discussion.

  • 1
    0

    Lasantha, I am sorry I missed your comment. You said it all. Our people are getting some consolation by discussing finer details of our constitution, believing they have one (may be on paper but never a reality) So called alcoholic thinking ??? My answer to that is, we have had “Loo and Odor” instead of Law and Order, for years. Why waste time discussing finer points of constitution ????

  • 0
    0

    A statement given by children in confidence in the judge,s chamber is made into a public record within 24 hours. . Is this included in that fine constitution you guys are discussing about. The author ,s bread and butter is the constitution and he is entitled to do so. Just because of it, people thinking we have one worthy enough to discuss here , then you are wasting your time. First get your “Loo and Odor” repaired before discussing bigger things.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.