By Dr.Levins T.C.Rajaratnam

Civil allegiance is the duty of loyalty and obedience which a person owes to the State of which he is a citizen. Every citizen owes the duty of loyalty to the state where he is a Citizen.

The term allegiance is often used by English legal commentators in a broader sense, divided them into natural and local, the latter applying to the deference which even a foreigner must pay to the institutions of the country in which he lives.

The English doctrine which was once adopted in the United States, asserted that allegiance was indelible: “Nemo potest exuere patriam”. Accordingly, as the law stood before 1870, every person who by birth or naturalization satisfied the conditions set forth, though he should be removed in infancy to another country where his family resided, owed an allegiance to the British Crown which he could never resign or lose except by Act of Parliament or by the recognition of the independence or the cession of the portion of British territory in which he resided.

Allegiance is the tie which binds the subject to the Sovereign in return for that protection which the Sovereign affords the subject. It was the mutual bond and obligation between the King or Queen and his or her subjects, whereby subjects are called his liege subjects, because they are bound to obey and serve him..

At Common Law, allegiance is a true and faithful obedience of the subject due to his Sovereign. As the subject owes to his King his true and faithful allegiance and obedience, so the Sovereign is to govern and protect his subjects, regere et protegere subdititos suos, so as between the Sovereign and subject there is : duplex et reciprocum ligamen; quia sicut subditus regi tenetur ad obedientiam, ita rex subdito tenetur ad protectionem:merito igitur ligeantia dicitur a ligando, quia continent in se duplex ligament.

Allegiance is owed both to the Sovereign as a natural person and to the Sovereign in his or her political capacity. Loyalty requires affection also to the office of the Sovereign, attachment to royalty, attachment to the law and to the Constitution of the realm and he who would by force or fraud endeavour to prostrate that law and Constitution, though he may retain his affection for its head, can boast but an imperfect and spurious species of loyalty.

There were four kind of allegiance:

(a) Ligeantia naturalis, absoluta, pura et indefinite and this is originally due by nature and birthright and is called alta ligeantia and those that owe this are called subditus natus

(b) Ligeantia acquisita, not by nature but by acquisition or denization, being called a denizen or rather denizon, because he or she is subditus datus;

(c) Ligentia localis, by operation of law, when a friendly alien enters the country, because so long as he or she is in the country they are within the Sovereign’s protection, therefore they owe the Sovereign a local obedience or allegiance.

(d) A legal obedience, where a particular law requires the taking of an oath of allegiance by subject or alien alike.

As nature and religion teach moral obligations and prescribe to children dutiful conduct towards the parents, so nature and religion imposes on citizens certain obligations towards their country and its rulers. These obligations may be interpreted as patriotism and obedience. Patriotism requires that the citizen would have a reasonable esteem and love for his country. He should have a reasonable esteem and love for his country.

Legal Allegiance is due when a person takes an oath of allegiance required for a particular office in the State.

Terrorism is more commonly understood as an act which is intended to create fear (terror), is perpetrated for an ideological goal and deliberately targets (or disregards the safety of) non-combatants. Terrorists try to maximize the severity and length of the psychological impact.

Article 2 of the Constitution of the Democratic Socialist Republic of Sri Lanka states “The Republic of Sri Lanka is a Unitary State.”

Article 63 of the Constitution of the Democratic Socialist Republic of Sri Lanka states: “Except for the purpose of electing the Speaker, no Member shall sit or vote in Parliament un and subscribed the following oath or made and subscribed the following affirmation , before Parliament:- ‘I ………………………………. do solemnly declare and affirm/ swear that I will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka”’.

Article 81 illustrates in regard to the expulsion of Members and imposition of civic disability.

The Sixth amendment to the Constitution (certified on August 8, 1983) the preamble states “Whereas Sri Lanka is a Free, Sovereign , Independent and Unitary State and it is the duty of the State to safeguard the independence, sovereignty, unity and the territorial integrity of Sri Lanka

 “AND WHEREAS it has become necessary to prohibit such activities and to provide punishments therefore:…”

By virtue of the Sixth amendment to the Constitution Article, 157A was added after Article 157 for ‘Prohibition against violation of territorial integrity of Sri Lanka’, Article 11 was amended as well. The Seventh Schedule by virtue of the Sixth amendment to the Constitution is “ I………………………………..do solemnly declare and affirm / swear that I will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka and that I will not, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka”.

The Nation has to be saved from Tamil Terrorists and those that represent them. We have been paying lip service to Peace, whilst the Tamil Political parties have been making fun of the country, its nation and successive Governments. We have to protect our nation. We need our armed forces to be vigilant and eradicate the pillars of Terrorism and the very foundation which supports them.

The governing idea of modern social democracy is community founded on the principles of social justice. That people should rise according to merit not birth; that the test of any decent society is not the contentment of the wealthy and strong, but the commitment to the poor and weak.

But values aren’t enough. The mantle of leadership comes at a price; the courage to learn and change; to show how values that stand for all ages can be applied in a way relevant to each age.

We are not alone in this. All round the world governments are struggling with the same problems. The program of reform is huge. We must have co-operation, determination and consensus.

By the strength of our common endeavour we achieve more together than we can alone. We must reach beyond our fears and our divisions to a new time of great and common purpose. Let us trace the roots of affirmative action. Let us determine what it is and what it isn’t. Let us see where it has worked and where it hasn’t and ask ourselves what we need to do now.

Private media freedom is running amok. The news that millions of people in this country including foreign correspondents who convey news overseas receive each night is determined by a handful of men responsible only their corporate employers. The State should have control not to permit abuse of the freedom of the Press. We are one Nation. We owe allegiance to the President and the Constitution  of the Democratic Socialist Republic of Sri Lanka.

* Dr. Levins T.C.Rajaratnam LL.B(SL).,LL.M(Lond).,Ph.D(Lond)., has practiced in London as a Solicitor of England & Wales, in Australia as Barrister and Solicitor, in US and Sri Lanka as Attorney at Law; Author of “Selected Essays on President Mahinda Rajapakse”(Sarvodaya Viswa Lekha Publication May 2009). Member of the World Lawyers & Poets Society, USA; Chief Editor of Sri Lanka Patriot –newsline(www.srilankapatriot.org)

tcrajaratnam@gmail.com