JO SHOULD CHALLENGE 19A-NEW ERA AFTER 4 APRIL 2018???
Posted on April 3rd, 2018
By M D P DISSANAYAKE
Within the ambit of the 1978 Constitution of Sri Lanka, the entire thrust of the change over from previous Constitution was the centre piece of Executive Prime Minister vis-a-vis Executive President.
PUBLIC MANDATE:
Just prior to 1978 elections, the UNP sought mandate from the People for the transfer of power from the Prime Minister to the Executive President. The Preamble to the Constitution explicitly legitimise the criteria, and Quote:
” The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and granted on the Sixth day of the waxing moon in the month of Adhi Nikini in the year Two Thousand Five Hundred and Twenty one of the Buddhist Era (being Thursday the Twenty first day of the month of July in the year One Thousand Nine Hundred and Seventy seven), entrusted to and empowered their Representatives elected on that day to draft, adopt and operate a new Republican Constitution in order to achieve the goals of a DEMOCRATIC SOCIALIST REPUBLIC, and having solemnly resolved by the grant of such Mandate and the confidence reposed in their said Representatives who were elected by an overwhelming majority, to constitute SRI LANKA into a DEMOCRATIC SOCIALIST REPUBLIC whilst ratifying the immutable republican principles of REPRESENTATIVE DEMOCRACY and assuring to all peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS and the INDEPENDENCE OF THE JUDICIARY as the intangible heritage that guarantees the dignity and well-being of succeeding generations of the People of SRI LANKA and of all the people of the World, who come to share with those generations the effort of working for the creation and preservation of a JUST AND FREE SOCIETY: WE, THE FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OF SRI LANKA, in pursuance of such Mandate,humbly acknowledging our obligations to our People and gratefully remembering their heroic and unremitting struggle to regain and preserve their rights and privileges so that the Dignity and Freedom of the Individual may be assured, Just, Social, Economic and Cultural Order attained, the Unity of the Country restored, and Concord established with other Nations, do hereby adopt and enact this CONSTITUTION as the SUPREME LAW of the DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.”
However, partial transfer of power from the Executive President to the Executive Prime Minister was carried under 19A, WITHOUT A MANDATE. There is a school of thought that the provisions of 19A could be construted as inconsistent with the Constitution, if challenged.
” While presenting his submissions, the Attorney General told the court that the 19th Amendment could be passed with a two-thirds majority in Parliament without calling for a referendum.[24] At that point, the Chief Justice pointed out that in the 19th Amendment the President is depicted as the symbol of national unity. Therefore, the Chief Justice stressed as the national flag is currently depicted as the symbol of national unity, replacing such a position with the President is disputable. The Chief Justice further questioned whether it curtailed the power of the President after the Prime Minister was named as the head of the Cabinet.”
Hopefully, after 4 April 2018, a new chapter in Sri Lankan politics will emerge. The legal luminaries will be working hard to initiate the challenge, thus President Mahinda Rajapakse will emerge as the Executive President of Sri Lanka unhindered.
April 3rd, 2018 at 5:00 pm
MDPD,
JO should vote for the NCM today. NO excuse for absentiesm, no show or not voting for it.
IF RUN-NIL is kept another DAY he will do IIREVERSIBLE DAMAGE to SL. No way!
No playing politics with a national problem. Country before party. Country before clan.
My3’s team has met GR in China last Sunday. GR fully supports My3’s plan to RID RUN-NIL. The question is will MR come onboard. IF MR fails to support it, GR will join My3.
April 3rd, 2018 at 5:17 pm
Lorenzo you cannot dupe us any more. You are man serving Sirisena and Ranil. Be honest stop being a hypocrite.
Charles
April 3rd, 2018 at 7:05 pm
Lorenzo the backstabbing undercover EELAMIST !Yo!
You said “JO should vote for the NCM today”!
WHO the hell do you think SUBMITTED the No Confidence Motion? Your MASTERS in the TNA?
MORE LIES, MORE MISREPRESENTATION, MORE MISDIRECTION!
OUTRIGHT LIES like the FAKE Lambhorgini and Golden Statue PROPAGANDA you SPEWED OUT leading to the Jan 8, 2009 PRESIDENTIAL election, and SUBTLE MISDIRECTIONS to cast doubt where NONE EXISTS, WONT WORK ANY MORE! The words of an ESTABLISHED BACKSTABBING EELAMIST UNDERCOVER AGENT carries NO WEIGHT!
As Charles wrote above “Lorenzo, you cannot dupe us anymore!”
PSST! Lorenzo, are you FRANTIC & DESPERATE, now that your BEST LAID PLOTS to UNDERMINE Sri Lanka are unravelling?? ENJOY the AGONY!
April 3rd, 2018 at 7:11 pm
Yo! Lorenzo the undercover EELAMIST agent!
HOW MUCH of the Bond Scam LOOT are YOU getting to support Ranil and the UNP now to ENSURE that the NCM FAILS??
ENOUGH to fund the completion of your PhD in KOVIL MANAGEMENT perhaps?? Should be that AT LEAST! Don’t be shy, old chap; DRIVE a HARD BARGAIN, will ya!
April 3rd, 2018 at 7:39 pm
BREAKING NEWS:
Rauf Hakeem announced that the SLMC Exec Committee has decided to VOTE AGAINST the NCM tomorrow!
This is ENTIRELY AS EXPECTED. I wonder what CONCESSIONS they EXTRACTED from the PAL-HORA PARA-GATHI AGA-MATHI and the UNPatritic party for this support!
PATRIOTS! Remember TOMORROW WHO STOOD for Sri Lanka TODAY, and WHO STOOD AGAINST!
April 3rd, 2018 at 7:42 pm
Charles,
I NEVER supported RUN-NIL. I supported My3. Now I have my DISAGREEMENTS with him BUT he is here to STAY until 2020. So we have to work WITH him.
The REAL question is support the NCM to chase away RUN-NIL or not.
NO distractions.
April 3rd, 2018 at 7:43 pm
So MR’s JUSTICE MINISTER is going to vote AGAINST the NCM! NO surprise.
April 4th, 2018 at 3:53 am
https://timesofindia.indiatimes.com/city/chennai/time-to-drop-sethu-samudram-idea-and-rebuild-ram-sethu/articleshow/63602480.cms
India wants to keep Ranil and Sirisena, I am sure.