A Pretender to the Throne – Is Impeachment the Immediate Answer
Posted on April 24th, 2015
By Sarojini Dutt
The Supreme Court of Sri Lanka, with Justice K Sripavan presiding, came down hard on the proposed 19th amendment to the Constitution of Sri Lanka – the version that was filed before them by the Government – when they unanimously ruled that the meat of the amendment was unconstitutional and could be done only by a referendum.
It was the collective wisdom of the learned judges that the proposed stratagem of attempting to transfer the power of the Executive President to the Prime Minister by a mere amendment to the Constitution would be unconstitutional.
In this instance the power transfer would have been to a leader – unpopular within his own party that is a minority in Parliament – not enjoying as the Constitution demands, the confidence of the majority of those in parliament and whose insatiable greed for power remains unfulfilled with numerous and fruitless attempts to capture the crown.
Commenting on this deceptive manoeuvre a leading Constitutional lawyer said, It does not require even a novice in Constitutional law to understand that this chicanery was a ruse to subvert the Constitution and muffle the voice of the people.” It was a move that would have rolled back history to blunt the blade of suffrage and snuff out the flame of democracy.
In the Presidential election of January 2015 Sirisena, as Bhadrakumar a respected Indian diplomat analysed, barely scraped a majority of the votes. Many of the 51.2% of those who voted for Sirisena did so, only because they believed he would abolish the Executive Presidency with a Constitutional amendment within the first one hundred days; Sirisena had solemnly sworn to do so in front of a sacred Buddha statue in Colombo.
In the aftermath of the Supreme Court ruling an irate Chief Incumbent of the Kotte Naga Vihara, Ven Maduluwawe Sobhitha Thera, warned Sirisena when he angrily thundered, People exercised their franchise to make Maithripala Sirisena the President of this country because he pledged he would start abolishing the Executive Powers.”
It was only on 19 Dec 14 that Sirisena a candidate for the 2015 Presidential election wooed the voters in his printed manifesto, Quote: It is the Parliament which has the powers to amend the Constitution. Yet the Parliament was unable to effect this change for the last twenty years. It is the President who is the leader of the main party that should provide the leadership to pass the Constitutional Amendment with a two – third majority. For that the President should take the initiative to reach an accord among the main political parties. It is to fulfill this task that I decided to come forward as the common candidate of all the people at this Presidential election” Unquote.
Continuing, Sirisena exhorts the people to vote for him. He goes on to say, Quote: I will pass this amendment without fail within hundred days” .Unquote.
It is abundantly clear from the interpretation of the Supreme Court determination of Amendment 19 that Sirisena has violated the Constitution, held an illegal promise to the people and misguided and misdirected the people of Sri Lanka to vote for him. There is no doubt about it that if not for this unconstitutional ‘promise’ Sirisena would not have won the Presidential election and he would not be the President of Sri Lanka today.
Not only, analysts say, did Sirisena deceive the voters of the country but his manifesto is stark testimony and evidence to a grave act of subversion, the subversion of the Constitution of Sri Lanka which reflects the will of the people.
When the Supreme Court of Sri Lanka unanimously determined against the essence of the 19th Amendment it was also a damning indictment on the Sirisena manifesto for the Presidential election.
If the basis of Sirisena’s threadbare victory at the Presidential election was dependent on an unconstitutional, false and illegal promise, the question arises, ‘Is Sirisena an illegitimate and Unconstitutional holder of the office of President of the country?
In a military coup d’état the Constitution of a country is subverted physically by force of arms. When the Constitution of a country is subverted by a manifesto on which perverted document the people exercise their franchise, it has the same deleterious effect as a military coup d’état; they both subvert democracy and violate the suffrage of the people. In political parlance this scenario would be described as a political coup which merits challenge at a political level and an investigation at a criminal level.
Sirisena was not alone in this political coup. The challengers and investigators can take courage by the ruling of the Supreme Court on Amendment 19.
On Sirisena ‘pretending’ the throne he began acting autocratically when he subverted the Constitution of the country further by appointing Wickramasinghe as the Prime Minister when that worthy does not enjoy the confidence of the House (Perhaps as insinuated in Sirisena’s much maligned manifesto it was to obtain the support of Wickramasinghe’s party which would then qualify Wickramasinghe to be subjected to the ‘Attanayake’ doctrine, receiving rewards for support); he again subverted the Constitution by usurping the powers of Parliament by reinstating a sacked Chief Justice and removing from office a ‘sitting’ Chief Justice.
The Sirisena administration is running into heavy weather by the day. The election was marred by many controversies not the least of which was what Indian diplomat Bhadrakumar described as the Anglo – American interference in ‘choreographing’ the Sri Lankan Presidential election and what Bhadrakumar did not speak of but pointedly alleged by Reuters that India was responsible for Sirisena’s victory.
The Presidential election was marred by angry allegations of unprecedented election fraud in the East and the North of the country with people calling for a 100% audit of the votes cast; this audit has precedence in Afghanistan when the UN was compelled to carry out the audit after the Afghan election of September 2014. The question on the lips of many in Sri Lanka is ‘How did the voting numbers of 40% at 1500 hrs jump to a near 90% at closing time?’
The voting issue in the East and the North is compounded, when PAFFREL, a supposedly ‘independent’ organisation strayed out of its turf by making a statement supporting the controversial ‘Amendment 19’.
With Sirisena scraping through at an election on a deceptive promise that is illegal and a manifesto that subverts the Constitution – an argument that would be supported by the Supreme Court determination on ‘Amendment 19’ – with Sirisena’s subsequent conduct where he allegedly subverted the authority of Parliament, many of Sirisena’s antagonists are of the view that democracy demands that the Pretender to the throne be dethroned immediately by a motion of Impeachment in Parliament.
It is the view of some analysts that time is of the essence as Sirisena may attempt to dissolve Parliament immediately, making the Political coup of 08 Jan 15 a fait accompli; these same analysts say that passing Amendment 19 would be disastrous to the country. Many provisions of the Amendment coming up for voting are not in the gazette that was published, not debated in Parliament and smuggled secretly to the Supreme Court ‘by mistake’ according to a local Kautsky posing off as a ‘Constitutional expert’.
April 24th, 2015 at 3:50 pm
Cheap Justice is also a Tamil just like the CB governor. National interest? Which nation?
April 24th, 2015 at 5:46 pm
Namaste: Indians played the game the played in 1951 with SWRD, then with Mahinda in 2005 in which they made an error of judgment. In 2005 they got the prize they got in 1956. It is how Indians divide and rule something the British learned from Indians and made great use of it. It is something the Indian have practiced with their Caste Systems since the Indus Civilization. The Indians divided the Sinhala vote almost in half and the Indian block vote went to Sirisena. They did the same in 2005 by the Indian block vote abstaining from voting as instructed by the Empire the Indian interests. Jai Hind
April 24th, 2015 at 5:53 pm
answer —– Riots Riots freedom fights …… all over the country against these traitors wake up Sinhalese
April 24th, 2015 at 8:20 pm
Sinhalese wake up,wake up,Wake up for the sake of your beloved Motherland. Western Mafia and India were against MR and they want his scalp at any cost and our traitors are willing to give them anything just to be in power so this is the time to think and act.
Tamils are taking over our lands.Muslims are building houses in restricted areas and slowly and cunningly making their dreams come true due to this unlawfully elected Govt.
We have three most unpopular characters Ranil/CBK/MY3 running the Govt as per the wishes of the Indians and the western masters of theirs. They come in batches and giving orders to these puppets as if we are their slaves. Time has come to stand up against these cowards and traitors and say “NO” to them. Just hands off our country and mind your own business you western & Indian cowards. People in millions should rally round MR to free this country from all evil forces which were haunting again after the war.
April 24th, 2015 at 8:57 pm
Dear Lankaweb,
It is time to have some neutrality.
Your almost unbiased e-newspaper is used to vent anger by some of its contributors who are against the present government.
Are you a neutral paper or are you an extension of the gutter trash. Almost an opposite twin of the Tamilnet
JP – USA
April 24th, 2015 at 11:18 pm
Despite the Supreme Court Ruling regarding the necessity of Referenda from the people for certain important and relevant items of the 19th Amendment, the President/PM and their followers are attempting to sidetrack and pass the 1LFP9A. GL Pieris has insisted that the SLFP has its own proposals which will be set out at the debate and without agreement on these changes they would not vote to give the 2/3 majority needed for the Bill to move forward.
WHATEVER ASSURANCES ARE GIVEN SHOULD NOT BE RELIED UPON, AS THIS UNP GROUP IS OUT TO SUCCESSFULLY WREST POWER FOR THEMSELVES AT ANY COST AND IT IS TOO MUCH A PRICE FOR THE SLFP TO PAY.
If this goes through it WILL amount to COALITION GOVERNMENTS FOREVER AND EVER AND THERE WILL BE NO EXTRICATION FROM THAT STRANGLEHOLD.
RUSHING THROUGH SUCH IMPORTANT LEGISLATION WITHOUT THE PEOPLES’ CONSENT WILL LEAD THE COUNTRY INTO FASCISM FOR DECADES TO COME WITHOUT RECOURSE TO VEERING BACK.
NEW ELECTIONS SHOULD CALL FOR A CONSTITUTIONAL COUNCIL AND A PROPER WELL STUDIED CONSTITUTION WITHOUT CONTRADICTIONS AND CONSTRAINTS, AND PASSED AFTER DUE DILIGENCE ONLY.
April 24th, 2015 at 11:22 pm
CORRECTION ON LINE 2.
Despite the Supreme Court Ruling regarding the necessity of Referenda from the people for certain important and relevant items of the 19th Amendment, the President/PM and their followers are attempting to sidetrack and pass the 19A.
PLEASE SEE REST OF COMMENT IN PREVIOUS POST ABOVE
April 25th, 2015 at 2:39 am
I agree with ranjit’s call for Sinhalese to wake up and Nilwala.s comments. We have a long history and some rulers made progress, whilst others sold the country. We cannot say we have achieved a lot. What we can say is we have lost most of the coast line and large chunks of the country. We have to analyse the reason for this decline and get to the root cause. The my3 govt. has reversed the security situation and sold, probably even given free, our national anthem to Tamil Nagu, promoting disintegration of the country. There is no such thing as a free lunch and ‘no pain no gain’. Development projects that would have long term implications and benefit to the country was initiated by the MR govt. present rulers are destroying Lanka and the Sinhalese like a pack of rabid dogs on steroids.
April 25th, 2015 at 2:47 am
Yahapalana 100 days are completed doing nothing but robbing the treasury, progress of the country come to stand still, on top of all according to Supreme Court determination of Amendment 19 incorrect and SLPF & UNP both are divided.
In short politically S/L is in utter mess.
Remember after 2nd word MacArthur USA Army commander administrator of surrendered Japan appointed a committee to draft a New Constitution for Japan. This committee mainly American Army personal consist with one 26 years old officer given 7 days to complete the draft. Constitution was passed in a hurry and up to date Japan is “suffering” which cannot be amended without 2/3 majority to suite present day requirements.
Its now proved by the Supreme Court determination of Amendment 19 that M3 had violated the Constitution, held an illegal promise to the people and misguided and misdirected the people of Sri Lanka to vote for Sirisena.
If MR won on 8th January with his gang of thugs like Mervin, Sajith etc, rest of the Commission hunters will continue make more money thinking “no end to their activities” as no challenger. Therefore now its time for MR to realized his mistakes to get rig of his “bad boys” and come forward. Hope it will happen soon otherwise S/L will be in utter confusion for a longer time for which MR also responsible for not taking proper action to punish culprits when he was in power.
April 25th, 2015 at 4:08 am
Correction: In 2015 they got the prize they got in 1956
April 25th, 2015 at 5:31 am
If Riots happen, then there will be arson, killing & looting, just like in 1983 > Tamil Diaspora who are mainly causing the troubles. Eelam on platter will be the result. NO ! Uniting at Parliament level is the answer together with all Patriotic Forces in Lanka to remove/alter the 19-A to suit the country and the People.
There is a lot of baggage from the past that has to be corrected, phase by phase. People Rule has to come in, not Failed Trio rule.
April 25th, 2015 at 7:08 am
NAMASTE: 1983 was a well planned episode by Indian Imperialists. They burnt their own shops. Jai Hind
April 25th, 2015 at 3:11 pm
Christie,
Yes, 1983 was a well planned episode. I agree.
—-
The 13-A was imposed under DURESS on the JRJ govt (which was so pro-West). At present, in ADDITION to the 13-A, the 19-A which as Nilwala points out, is a lead to Fascism, may be FORCED on the People by the new illegal govt under Sirisena !
Both 13-A & 19-A are similar pieces, diminishing Democracy in Sri Lanka. Sri Lanka is NOT a true Democracy at all. Shame !
It is not too late to bring in a Bill of Rights for all Lankans. This type of Bill will enable Parliament to remove the 13-A and remove the 19-A as both will be redundant. However, in return for the Bill of Rights, Tamil & Muslim leaders must
– Revoke the Vaddukoddai Resolution
– Revoke all calls to Separatism/Federalism
– Phase out and remove the Tamil Language as a National/Official language
– Phase out and deport all illegal migrants
– Remove Thesawalami Law
– Remove Shari law from Lanka.
April 25th, 2015 at 4:21 pm
Fran,
Revoking, removing, etc. as you say will result in another riot!!
It is inevitable. Tamils live in the hope that these EVILS things you mentioned will one day bring TAMIL ELAM. If those EVILS are removed, Tamils have NO HOPE of Tamil Elam. Then they will do another 1983 riot and get out of the country.
The important thing is DO THE RIGHT THINK NO MATTER WHAT COMES.
April 25th, 2015 at 4:50 pm
Lorenzo,
Revoke and Remove we must for the good of All in Lanka.
In my view, Tamil Eelam is a lost cause because as soon as Eelam is realised, it will be an appendage of Tamil Nadu with its Caste Structure etc. The very thing Tamils ran away from and came to Lanka will be re-iimposed on them again ! It is a lost cause to create Eelam.
We have to find bloodless ways to solve problems. That is the best thing to do by all. Look at THE BILL OF RIGHTS – it’s a great piece of work in S. Africa. The experts in this type of Law making have to step in, make out the case, and save the country composing a Bill of Rights that suits Lanka.
The Bill of Rights idea is not an original of mine – some have written to the L’web about it before, and Mr A’sangaree brought it up again recently.
April 25th, 2015 at 5:08 pm
Fran,
“Revoke and Remove we must for the good of All in Lanka.”
Fully agree. And that is the problem for Tamils!! Good for SL is bad for Tamil Elam!!
In the view of Tamils, Tamil Elam is VERY MUCH ALIVE today! If you look at the Maru Sira govt. you can see why.
“We have to find bloodless ways to solve problems.”
Sure. But not everyone thinks this way. By causing the riot in 1983 Tamils flew to greener pastures in millions (according to you). From the Tamil point of view, it was a SMALL price to pay for a MASSIVE benefit. Violence and blood paid off handsomely for MOST SL Tamils.
I met an old Tamil man in Canada who used to go to EVERY SINGLE Amirthalingam rally in 1977 to put blood on him. He would cut his finger tips, take blood and put on Appah’s forehead.
April 25th, 2015 at 5:17 pm
LTTE is waiting for riots. They created 1983 riots and some,right here,predicting it happily.
FOOL, Sinhalese are not your race and creed. There will not be ANY riots. Don,t be too happy.
April 25th, 2015 at 7:04 pm
Jayantha says, You disgraceful punk JP-USA, you work at the Ranil office in Los Angeles USA and has direct access to LA Times editors. Ranil is Mentally retarded and has dementia. He will be dead soon. YOU CALL THIS A Government? YOU DUMB CLOWN FIND YOUR OWN NEWS WEB SITE. Lanka web editor is unbiased and he is rock solid.
April 25th, 2015 at 8:48 pm
Lankaputhra,
You just proved my point.
“Gutter Trash” is too good a term.
Shame on your pseudonym.
Or is it the way of the “New Lanka Puthras”
JP / USA
NB: To be frank I do not know nor neither do I care about Ranil Wickramasinghe, Mahinda Rajapaksa, Chandrika Kumaranatunga or any of these well known Thieves who are hell bent on “ripping off” Sri Lanka. Coming from humble beginnings I cry for the hard working Sri Lankans who are trapped in the boiling cauldron of “Gutter Politics” and “Mafia Style Leaderships”.
April 25th, 2015 at 9:29 pm
Yes, Sinhalese must wake up and show the three traitors that Sri Lanka is our land and we are ready to defend it at any cost. The Tamils have safe heavens all over the world. But where can we go if we loose our mother land? THE Yanks, the Brits and politicians of some countries who depend on Tamil votes and LTTE money are determined to destroy the Sinhalese through their proxies MY3, Ranil and our Modi Chandrika. SLFP was always a Sinhala Buddhist party and the MP’s have a duty to kick this government out. Impeachment of the president and no confidence motion against this illegal PM is the way to go.
April 26th, 2015 at 12:49 am
Thank you Ben Silva for commenting without attacking Nirvana. Keep it up. DON’T FORGET TO TAKE YOUR MEDICINE.
April 26th, 2015 at 1:03 am
Senevirat,
What a shellfish man are you ? Your colours are visible now.
You sit there near a computer in Australia and want to create riots in Sir Lanka to kill Sinhala Buddhist people. Haven’t we shed enough blood of our sons and daughters to fight LTTE.
Now you prefer to fall into the category of LTTE who ask for riots. Riots will benefit LTTE.
Why do people need riots. No. They are free to do peaceful demonstrations. It your God can bring 100,000 peaceful Sinhala Buddhist people to streets without thugs it will show the strength. 1000,000 for 10 days and ask Sirisena to step down like in Egypt will do.
April 26th, 2015 at 3:38 am
Namaste: Indian Imperialists had two objectives with its terrorists arm. One to get hold of Trincomalee and the other to send as many Indians as to the West. You have to understand Tamils are Indians. This is the first time in the world terrorists managed to exploit international Human Rights Laws to settle in the West. To this end Indian Imperialists were all necessary things. There were Indians who were settled in Canada from Tanzania and other African countries who were acting for Indian Empire. Jai Hind.
April 26th, 2015 at 10:09 am
Lorenzo,
Whatever a FEW Dalit Tamils do like animal sacrifices and putting blood on foreheads, we the majority do not condone that sort of thing.
We must find a bloodless way out of the mess. Over 99% of Lanka will agree with that ….