If PM Ranil Wickremasinghe pledged not to divide Sri Lanka so must all MPs including TNA
Posted on August 23rd, 2015
Shenali D Waduge
Immediately following taking oaths as Prime Minister, Mr. Ranil Wickremasinghe took a second oath reading out Article 157A, Seventh Schedule under the 6th amendment to the Sri Lankan Constitution in 1983. 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.” It was in 1983 that the TULF 18 MPs refused to read out these very lines and walked out of Parliament forfeiting their seats. It would be interesting to see what TNA 16 MPs decides to do.
What is contained in the 6th amendment/Article 157A Prohibition against violation of territorial integrity of Sri Lanka – http://www.priu.gov.lk/Cons/1978Constitution/Chapter_20_Amd.html
- No one can directly/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
- No political party or association/organization can have as its aims or objectives the establishment of a separate state within the territory of Sri Lanka
- Anyone who contravenes paragraph (1) if convicted by Court of Appeal will
- May lose civic rights for 7 years
- Lose movable and immovable property
- Not be entitled to civic rights for 7 years
- If a MP cease to be a Member. If a state officer lose that status
- A political party/association or organization if having as its aims and objectives the establishment of a separate State within the territory of Sri Lanka any person came appeal to the Supreme Court for a declaration that such political party/association is aiming to establish a separate state. The secretary of that party/association will be a respondent
- If Supreme Court makes a declaration under 4. in relation to a political party/association
- That party/association will be proscribed including its members. If a MP he will be made to vacate seat in Parliament
- All those holding office in these parties/association will be deemed guilty and upon conviction by Court of Appeal be
- Subject to civic disability for 7 years
- Forfeit movable/immovable property
- Not be entitled to civic rights for 7 years
- If an MP cease to be a Member and if officer cease to hold office
- Punishments imposed under (3) & (5b) shall not be stayed or suspended pending any appeal against such punishment
- Every officer (required by Articles 32, 53, 61, 107, 165, 169(12) to take and subscribe oath who serve in local authority, Development Council, Pradeshiya Mandalaya, Gramodaya Mandalaya or public corporation and every attorney at law shall
- Take oath as per seventh schedule
- Within one month of taking office
- a) Every MP shall not be entitled to sit and vote in Parliament unless he takes and subscribes to oath in seventh schedule
- b) Elected or nominated MPs shall not be entitled to sit and vote in Parliament unless he takes oath in seventh schedule.
- No person can take any other oath prior to taking oath of seventh schedule
- Parliament may pass resolution to determine categories of persons/officers in relation to paragraph (7)
- Jurisdiction of Court of Appeal shall apply to Article (5 iv)
- civic rights” is
- Right to obtain a passport
- Right to sit for any public examination
- Right to own any immovable property
- Right to engage in any trade/profession which requires a license, registration or other authorization by written law
The TULF headed by Amirthalingam walked out of Parliament refusing to take the oath. Why would they refuse to take an oath that commits them to not directly or indirectly promoting, financing, advocating the establishing of a separate state within the territory of Sri Lanka? Thankfully the words ‘within the territory of Sri Lanka’ nullifies the present promotion of the one nation two state concept for it would be a violation of the 6th amendment. Moreover, a case is pending questioning the aims and objectives of the ITAK constitution where the party is doing their best to wriggle out of confirming that its constitution is federal when it appears to be taking a confederal stand in its aims and objectives.
When the TULF walked out in 1983 forfeiting their 18 seats in Parliament refusing to take this oath pledging not to create separate state within the territory of Sri Lanka, it would be most interesting to see what the TNA with 16 MPs will do when Ranil Wickremasinghe asks all MPs to read out the same oath.
We would very much like to see a live telecast of the TNA MPs reading out the oath in the seventh schedule which Prime Minister Wickremasinghe read out.
Shenali D Waduge
- Ranil Wickremasinghe takes oaths 21 August 2015 https://www.youtube.com/watch?v=pV7zBkI9quU
Amend the 6th or find them guilty – http://www.dailynews.lk/?q=features/amend-sixth-or-find-them-guilty
August 23rd, 2015 at 2:41 am
If PM Ranil Wickremasinghe pledged not to divide Sri Lanka so must all MPs including TNA- agreed why not TNA not include in RW Comic National Govt , may be TNA ellected for different country ??
August 23rd, 2015 at 11:41 am
SHENALI !!! The last two lines are the most significant characteristic thoughts in the article. Let us wait and see whether it will happen. It is mandatory.
August 23rd, 2015 at 2:00 pm
No one had the backbone to implement this immediately after 2009.
Had it been done, we would be laughing now. Instead we made one of them the CHIEF MINISTER!! No UNITARY country has CHIEF MINISTERS.
August 23rd, 2015 at 3:37 pm
LORENZO !! LETS SCRAP THE TERM “”CHIEF MINISTER”” LET HIM BE KNOWN AS ….. VILLAGE HEADMAN.
August 23rd, 2015 at 3:46 pm
Thank you, Shenali.
You have stated how the Law SHOULD operate in Lanka re keeping Lanka Unitary.
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Lorenzo,
This Chief Minister stuff comes from India. India is not a unitary country ?
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Ranil as PM has pledged not to divide Sri Lanka. He has taken this Oath in front of a President who appears to have broken the Law of Land already in his haste to divide up the SLFP & the UPFA, looks like in order to give the winning edge to the UNP. Hmmmm ….. and tut, tut !
We note with regret that the 6-A was NEVER implemented.
On a more serious note, all school children, govt workers, private sector workers, the armed forces etc ought to take the Oath of Allegiance to a Unitary Lanka every day, as done in USA. This is essential to build up a sense of Security for all and for Trust building. At least one stanza of the National Anthem ought to be sung at all state occasions and school occasions too (govt and all other schools).
August 23rd, 2015 at 4:28 pm
Fran,
“This Chief Minister stuff comes from India. India is not a unitary country ?”
Endia is a FEDERAL country. So is SL in reality as long as 13 amendment stays. NO UNITARY COUNTRY HAS CHIEF MINISTERS!
August 24th, 2015 at 4:55 am
Susantha Wijesinghe
LET HIM BE KNOWN AS ….. VILLAGE HEADMAN.- Why not ? as long as We-Tamil have both ( NPC & EPC) Eelams We are happy!!!
August 24th, 2015 at 6:04 am
Lorenzo,
It is the 13-A that allows Chief Ministers. The 13-A was a hurriedly got together piece of dumb legislation got together by Indian lawmakers to suit the Cold War needs, and it was a copy of the Indian legislative system, a sort of mini-Indian govt system imposed on Lanka by force.
The 13-A must be removed as it was imposed on Lanka under DURESS and therefore NULL & VOID under any legal system in the world.
If forced to keep the 13-A further, Lanka must CHANGE the terminology used and call the (so called) Chief Ministers by some other name e.g. Provincial Leader (Pradeshiya Nayaka).
Now that the Cold War is finished, and also China is the acceptable Economic Partner, there is no need for foreign interests to badger Lanka into Eelam formation.
August 24th, 2015 at 7:56 am
Provincial Leader (Pradeshiya Nayaka)- what about first minister ?
Who care whether Ramar rule or Ravana rule or Monkey who come with Ramar rule Sinha Lanka as long We-Tamil have both Eelam than We are happy !!!
Naalai pirakkum TE (TE will born tomorrow (not today)- repeat again tomorrow ) !!!
August 24th, 2015 at 3:13 pm
SA K !!! FIRST MINISTER ??? THEN WHERE ARE THE OTHER MINSTERS ??? STERCUS TAURI.
DONT TRY TO KILL ANOTHER GENERATION OF TAMIL YOUTH, WITH YOUR PEELAAM DREAM. Grrrrrr
August 24th, 2015 at 4:14 pm
Fran,
ABSOLUTELY!
But NO MP in parliament has the BACKBONE to do it. MR had more than 2/3 but failed to do it and paid the price.
We have to think outside this parliament to SCRAP 13 amendment. Otherwise NO CHANCE.
August 24th, 2015 at 4:19 pm
Now it has gone beyond 13-A. Most corrupt, criminal institutions are councils. Grassroots have come under criminal control. These have to be cleaned before attacking Pallath Sabhaa.
August 24th, 2015 at 10:53 pm
DONT TRY TO KILL ANOTHER GENERATION OF TAMIL YOUTH, WITH YOUR PEELAAM DREAM. Grrrrrr- Since Elara ( Eela Raja/ Ellalan) We-Tamil have TE dream .
Udal Mannukku , Uyir Tamilukku ( Body for Land , Soul for Tamil) !!!
Susantha Wijesinghe
Whether We like or not Mother Lanka is United for ever (13 A untouchable -Indian baby legaly adopted).
You Sinhalese can call them 3 Provincials ( NPC. EPC & other 7PC), We-Tamil/Muslim can call them Saiva TE, Muslim TE & Bhuddist Sinhala Lanka for our own satisfaction.
also We can call our own head of Provincial council head Chief Ministers or FIRST MINISTER or VILLAGE HEADMAN or any other name end of the day We Mother Lankan are United for ever .
Let’s bring Maha vali/ Kalu Kangai river to Iranamadu Kulam , We-Tamil send you all our healthy protect by Yal Davi(Goods Train)
Machang Live & let’s live until Eelam war V !!!
August 24th, 2015 at 11:05 pm
We have to think outside this parliament to SCRAP 13 amendment. Otherwise NO CHANCE.- one day will happen that day our King Elara dream come to true !!!
August 25th, 2015 at 2:45 am
“Substance is what we have to look at. Actually even today, the devolved powers in Sri Lanka are sometimes more than the powers given in federal Constitutions. So let us look at how we could work this whole system out and go ahead. The formula which was accepted by India also, let’s see how we work it out within the 13th Amendment, maximize it. Let’s build on this,” Wickremasinghe said
All my Chinkala Sakotharam ( Sinhala Sakodaraya ) No more Kolaveri ….. Shanthy , om Shanthy !!!
August 25th, 2015 at 5:32 am
Kumar,
Kepp the size of Lanka in perspective ! Small Lanka in size should also have designation of officers in keeping to that size.
You-Tamils need Tamil Nadu for Eelam. Size is just perfect. Just re-name the place Tamil Eelam – that is a ready made Eelam there.
August 25th, 2015 at 5:37 am
Lorenzo,
Why not ask the all powerful Yahap govt to remove 13-A ? They now have the power to BREAK THE LAW and get away with it !!
August 25th, 2015 at 5:50 am
You-Tamils need Tamil Nadu for Eelam- We Mother Lankan not Indian .
Singapore is much much smaller than Mother Lanka.
Eelam translated from Sinhala language is Hela . ( Eg: King Elra in Thamil King Ellalan).
Anpudan …
Hela Demil (Elath Thamilan)
August 25th, 2015 at 5:53 am
Why not ask the all powerful Yahap govt to remove 13-A ? excellent question let’s see what our USA-Ananda yaluva’s answer .
August 25th, 2015 at 5:56 am
Before you talk about removal of 13A, rouge elements in the system form Pradeshiya Sabha to government department to Judiciary will have to be cleaned to establish law and order. Currently killing a man when you feel like is the norm of the Dhamma spread by enemies of Buddhism who say they are protecting it.