20th Amendment is Like a String Bikini; What it Reveals is Interesting but What it Hides is Significant’
Posted on January 2nd, 2019
Geethanjana Kudaligamage
Our system is rigged beyond repair. It is a fact. When a system is rigged beyond recognition by a bunch of charlatans and robber barons, the last thing we need is to see rewriting our supreme document of the law of the land by them. Therefore, we shall keep the Executive presidency as much as they hate it and trash it. If we need to rewrite our constitution, of course we may need to do it eventually, let us wait until the right time and right people comes. Those who rigged the system have taken the task of rewriting and changing the laws into their hand right now so they can change it in their favor. So, we ask them, please hands off our constitution! We don’t trust you fellas!
Before Yahapalanaya began, I wasn’t quite contented to write anything about constitutional affairs. Because I thought I was an artist and wasn’t well versed about that area therefore shouldn’t touch such an extremely ‘obnoxious’ field usually kept exclusively for ‘Kalu coat Karayas. Then I was under the impression that one needs to have some background knowledge to touch our constitution.
However, things radically changed. After realizing that our politicians had handled our constitution, the likes of Sambandan and Anura Kumara who were holding high caliber positions in the parliament such as ‘Opposition Leader’ and the ‘Chief Opposition Whip’ respectively, without even knowing kindergarten mathematics, why shouldn’t I? I mean, they didn’t even know what was the greater number among 6,16 and 95, both of them thought 16 and 6 were greater than 95. Not only that, they handled our constitution with such an ease similar to that of an uneducated Nattamy who handled his ‘Race Kole’ (රේස් කොළේ) with incredible comfort. If that is the situation of the folks who are now messing with our constitution, and if that is such an easy thing like reading the ‘race kole’ (රේස් කොළේ) by ‘math-illiterate’ Anura and Sambandan, hell, why shouldn’t I also touch constitutional affairs I thought? Thanks to Anura and Sambandan, I know the secret of reading our constitution now; you must hold it like a race kole (රේස් කොළේ). It’s simple as such.
The twentieth amendment is already in the pipeline. Elderly politician Sambandan looks so excited to see mother Lanka being left defenseless. Anura Kumara acting as the facilitator for this heinous crime, appeared to be enjoying it. As he chuckles when he speaks about the constitution, people ponder if he is really having a mental disorder lately. The main objective of this legal circus is to change our political system entirely to accommodate the path for the division of the nation just to satisfy Sambandan, sumanthiran, Ranil Wickramasinghe, Anura Kumara, NGOs and the click.
However, they want to annul people’s sovereign rights without going for a referendum. Actually, they are trying to pickpocket the approval for the bill through the parliament, to steal something valuable for the people of Sri Lanka without asking for their consent.
According to 1978 constitution, people have entrusted their sovereign rights at Executive president, and if the nation needs to repeal it, then a referendum is required. However, they have brought 19th without going for a referendum creating a bad precedence for future changes, to do anything in future as well. So who are the victims here? The ordinary masses are the victims here. We are being trashed by all the politicians left and right.
We must identify all the charlatans in the parliament who will vote for this bill instead of asking the question whether or not this is unconstitutional to strip sovereign rights of people without asking their consensus for it. This is the biggest crime after the 13th amendment. But still they identify themselves as champions of democracy. Is this democratic for Ranil and Anura?
Following links will take you to the current constitution of Sri Lanka (as amended up to 15th May, 2015) and the next link to the bill of twentieth amendment. To understand the 20th bill, one has to compare the constitution because, I think by purpose, the 20th never provide an addendum explaining the changes.
file:///C:/Users/kudal/Desktop/constitution%20of%20Sri%20Lanka%20after%2019th.pdf
The 20th amendment is presented in such a manner, as I said, it doesn’t even provide an addendum explaining the reason why those amendment are needed for the country. For instance, it says…
29. Article 93 of the Constitution is hereby amended by the omission of the words of the President of the Republic and”. (No explanation, addendum or side notes)
30. Article 94 of the Constitution is hereby repealed.” (No explanation, addendum or side notes)
This way of presentation makes the ordinary person to compare 1978 constitution with 20th amendment. Then there is no addendum explaining why we need these constitutional changes. It is pretty clear this confusion is also the part of the design. The constitution is the supreme document of the law of the land, therefore it is more important for the ordinary people than the politicians or lawyers. It is therefore responsibility of the authorities to provide a comprehensive addendum. But they have avoided it. Why? Because all they want is to throw sand into public eyes. It is also doubtful if JVP membership or in that matter, even the leadership is well aware of the true weight of the 20th to the nation. The biggest deceitful thing is the new practice of secret vote in the chamber. What is the reason for people’s representatives need to vote secretly? What kind of democracy is that? To hide from whom? Don’t they know that people have the right to know what their representatives do in the parliament? Isn’t this entire circus is aimed to cheat the masses?
The reason why we have to write about 20th amendment and its related issues with EP is because legal experts do not care about it. And we have found that majority of lawyers in the parliament have violated the ethics of their profession. I haven’t seen any of these lawyers coming to Lipton circle to protest against 20th amendment or abrogation of presidency since they see through it and understand the disasters that is looming. The legal professionals know it better than the laymen who doesn’t know the impact of the constitutional law.
I haven’t seen constitutional lawyers debating each other in the media about abrogating EP or the dangers of 20th amendment, other than sporadically publishing one or two articles in the media. If they do, they can bring public awareness about the dangers that are pending in the pipeline. I haven’t seen our eminent legal professionals filing fundamental rights cases in the supreme courts against 20th amendment and about the consequences of abrogating EP while having 13th amendment and provincial councils functioning. Well, maybe they do not trust the legal system since they know about it better than us. Majority of lawyers in the parliament want to bring 20th amendment to destroy the country.
The most troublesome issue is that none of the advocates of the 20th amendment never have given any attention to the reason why Elamists also advocating the abrogation of executive presidency. Why they throw 330 million rupees or 2 million Dollars per vote in the parliament, to pay who is willing to vote for the bill. I won’t be surprised if a secret voting is conducted for this bill. Some of these lawyers maybe do not want to see through it perhaps because they are also part of the conspiracy. Or maybe money makes them mute. Otherwise their explanations would be balanced addressing all aspects of the problem including the dangers of eventual division of the nation.
Democracy would be good if our political culture is sacrosanct and pious; and our politicians are virtuous, honest and ethical. Democracy might be a disaster for a society full of corrupt charlatans, thieves and robber barons. The concept of democracy invented in Greece about 2500 years ago when people had never heard of corrupt form of predatory capitalism, and they had never seen Dollars falling from the sky, above all they had never heard of a fifth column working day and night to destroy a country. When the concept of democracy was invented in Greece, they had an economy based on barter system and there were no politicians capable of breaking central banks in politics. They never had heard of backdoor dealings, nor had they known about bribing representatives to switch sides. They never had offshore banking facilities to hide stolen wealth. When we have offshore banking, a system created by western powers to maintain this corrupt global political culture, that can function above the laws, and where democracy become a mockery. That is the reason why they recommend us to go back to Westminster system, because it serves them better and they can manipulate it far greater than EP system.
Westminster parliamentary system is a colonial recommendation for us to adapt as our political system of our government. Masters never recommend anything virtuously for the slaves to eventually become completely independent from the master’s yoke. That kind of Samaritan masters only found in fairy tales that Ranil Wickramasinghe might have heard in his bedtime stories. Definitely J.R. Jayawardene might have heard of that type of masters in his bedtime stories for sure, since his nanny was an English woman. The colonialists groomed this baby JRJ from the time he was in the womb to destroy his country later in 61 years. He met the expectations of his class obligations. Same goes with SWRD. Although S.W.R.D was also groomed in the same manner, but gone off track therefore they killed him.
If the proponents of 20th amendment have sanctimonious objectives, why do they want to avoid referendum? Why is this fear and horror about people? Is that the democracy that has been perpetuated for Sri Lanka? Isn’t it an unalienable right of the people to decide what is right for them? If they are the angels or the guardians of Democracy, then why are they so frightened of people’s verdict? For me, it is a valid question to ask. But it doesn’t seem to be so valid for Ranil and Anura Kumara and some other folks. May be the kind of democracy they know is much advance than what we know about.
Please watch this video.
https://www.youtube.com/watch?v=nebAwGOYAXA&app=desktop
Please see following videos as well.
Pivithuru Hela Urumaya statement
What other politicians have to say about 20th
Former president J. R. Jayawardene has left huge scars in the psych of the nation so it is easy for anyone to anthropomorphize/personify Executive presidency with JRJ. For that reason, the promoters of abrogating EP talk a lot about JRJ’s wrong doings to win the hearts of people to hide the real agenda behind the entire project. What all the front runners who are promoting the abrogation of the Executive Presidency and the rosy things they are telling us about 20th amendment is pretty interesting. Of course, they are! It reminded me Arthur Koestler’s famous saying about statistics.” Statistics (20th amendment) is like a string bikini; what it reveals is interesting but what it hides is significant’ actually, what these people are hiding from us is so significant, and of greater value for us.
Be cautious mother Lanka. Raise your voice and tell them your verdict loud and clear. The last thing we need is to see these charlatans rewriting our supreme document of the law of the land. Hands off our constitution” Period!
January 2nd, 2019 at 1:47 pm
My view is 20th amendment ( whatever it is, if there are significant changes) is unnecessary IF THERE IS DEPENDENT JUDICIARY AND THE CURRENT CONSTITUTION IS FOLLOWED BY ALL, as long as 13th amendment is there.
It is more important to remove 13th amendment ( Palaath Sabha). I don’t agree it is difficult to do.
However, “future” 20th amendment has not been published yet.
My question to Geeth is,
Do you support EP is there is 90% chance of Ranil getting next EP position ?
January 2nd, 2019 at 4:25 pm
20A is not only about abolishing EP.
EP must be abolished. No two words about it. In 1994 Chandrika, in 2005 Mahinda and in 2015 Sirisena became president promising to abolish EP. It must be done.
If 20A focuses solely on abolishing EP, I support it as most voters have repeatedly supported it.
People’s sovereignty in executive powers will not be lost with the abolition of EP. It will go back to the Cabinet as it was from 1947 to 1977.
A referendum to abolish EP is great. It must be held. Get ready to blame the voters.
January 2nd, 2019 at 4:27 pm
Not only these selfish politicians, Mother Lanka can not trust her sons in the Supreme Court. They have all been bought by the enemies of the land. They are all pathetic looters.
Only Nature can punish them for the big KARMA they are contributing to by dividing and creating eternal problems to this Island Nation.
January 2nd, 2019 at 4:29 pm
However, if the JVP fails to abolish EP, it must contest the next presidential election. Otherwise crooks will once again hijack the slogan of abolishing EP to win votes. They must be denied this vote block at any cost.
January 3rd, 2019 at 5:53 am
So Dilrook is afterall JVP proposing that JVP should contest the Presidential elections to keep away others……..
January 3rd, 2019 at 7:10 am
NEVER EVER TRUST JVP, TNA, UNP to save the country… They are bunch of self-centered politicians with hidden agendas.
Sinhalese are the biggest idiots in the world if they think Ranil W, Anura Kumara, Karumaya (Speaker), and LTTE-Proxy TNA Sambanthan can be trusted to do the right thing for the country.
These parasites are only after one thing – that is to serve themselves. They will NEVER protect the country.
Wake up Sinhalese..! You are been taken for a ride by these crafty, and cunning blood-suckers.
January 3rd, 2019 at 1:47 pm
Dilrook says “A referendum to abolish EP is great. It must be held. Get ready to blame the voters.”.
Why not replace “abolish EP” with “abolish 13A and EP” ? That will challenge the Tamils and all Parliamentary Democratic Thieves. Surely people will endorse it with at least 70% majority if MR supports it. Svaes so much money and time for the country.
January 3rd, 2019 at 4:33 pm
A presidential election must be declared within the next 10 months. But the parliament continues until February 2020.
So there are 3 separate opportunities to get the EP abolished. Time until the declaration of the presidential election, presidential election campaigning time and the time after the presidential election until the parliament is dissolved. If Sirisena feels he cannot win the next presidential election he will be forced to go for a referendum on EP. If he or his nominee is likely to win it, UNP, JVP, TNA, etc. can pass a resolution in parliament to abolish EP and initiate the process.
January 6th, 2019 at 11:23 pm
@ Randeniyage,
You have said…
My question to Geeth is,
Do you support EP is there is 90% chance of Ranil getting next EP position?
Dear Randeniyage, can you clarify this question please?
January 7th, 2019 at 8:13 am
@ Randeniyage,
I’ll answer your question assuming that you asked…
Do you support EP if there is 90% chance of Ranil getting next EP position?
This is completely an irrelevant question. Even Ranil wouldn’t believe that Ranil can get next EP position facing the electorate. Ranil can be EP if the EP is elected through the parliament not by the people. That is the exact reason why all the UNPers trying to avoid people from selecting the leadership of our country. 20th amendment is all about that.
If I answer your question disregarding above said reality, then dear Randeniyage, you know my answer. No, I won’t. I do not want to see a corrupt leader serving external powers in the helm of power in Sri Lanka. If you need a visual for the word ‘corruption,’ then look at Ranil, he is that visual.
I think you may have missed a lot of my writing that explains why I really hate EP position. But I support it now for few reasons. Firstly, our parliament is corrupt. Our parliamentary system has been rigged beyond our imagination. Members of parliament and their voting today has been controlled by money power. Everything coming out of parliament is not serving people of Sri Lanka today but the sources who bribe them.
Secondly, external meddling into our political system is beyond our control. The SL peoples’ participation in our internal politics in Sri Lanka has been removed and voided by intrusion of external forces into our polity. Now people have no power to decide what is good for us anymore, externally funded NGOs will tell us what is good and bad for us.
Thirdly above said two reasons serves Ranil very well. He knows parliamentary corruption is his making and it works very well for him, and money power is also working on behalf of him. He knows all these external powers need him.
Under this situation, only option to keep people’s right to exercise their sovereignty is preserving the Executive Presidency. By that way they can select someone who can counter balance the corrupt parliament and minimize the damage they can bring until we find a permanent solution.
January 7th, 2019 at 12:22 pm
The EP has appointed a Muslim as Governor in EPC and a Tamil in NPC. Their CMs are also Muslim and Tamil. Now this trend will continue.
Separatism and EP go together.
Anyway we never had federal (devolution) before EP. It was introduced by the first EP and all others follow it. No such nonsense when parliament was supreme.
January 7th, 2019 at 5:24 pm
I am sorry Geeth.
I answered you again proving you are wrong at this instant but it was deleted by moderator.
Point I am making may be politically too sensitive and I accept that.
January 7th, 2019 at 8:39 pm
Add to that, the EP has now appointed a Tamil as Governor of NPC. Already the NPC CM is a Tamil.
This follows 19A which added a new responsibility to the president which is reconciliation.
January 9th, 2019 at 1:23 am
Dilrook,
What do you think about the video that explains about the new constitution. I would like to see your opinion.
January 9th, 2019 at 1:07 pm
Wigneswaran approves new Northern Governor
January 9, 2019 04:07 pm
By Charunya Rajakaruna
Former Northern Province Chief Minister C. V. Wigneswaran says that he is pleased with the appointment of Suren Ragawan as the new Governor of the Northern Province.
Wigneswaran said that he is glad that as this the first time the Northern Province has received a Tamil person as the Governor.
A Tamil person has an understanding of the issues of the Tamil community and it is important to think as a Tamil when working with Tamil people’s issues, he pointed out.
He also thanked the President for appointing a Tamil person to the post of Governor of Northern Province for the first time.
He further said that he believes Ragawan will work with an understanding of the issues of the Tamil community.
January 9th, 2019 at 5:03 pm
@Geeth
I oppose the new constitution. Just abolish EP and 13A.
But you fail to see the big picture. Do you think the new constitution matter goes ahead without EP Sirisena’s approval? It happens with the full approval of the EP although he may not agree to some. This is not the fault of Sirisena. It is the fault of EP. Let me give you a list of federal and federal plus attempts by each EP. Take it or leave it. Fact remains all EPs supported and will support further and further federal.
JR
1981 District Council attempt
1985 Thimpu understanding for federal
1987 federalization of the nation via 13A
RP & DBW
Continuation with 13A federal structure
CBK
Continuation with 13A federal structure
1995 Regional Councils Attempt (federal plus)
1998 Regional Units attempt (federal plus)
2000 Package (federal plus)
PTOMS (federal plus LTTE)
MR
Continuation with 13A federal structure
2006 All Party Representative Committee (APRC) (federal plus)
2007 Majority-Minority report (federal plus)
2010 13 plus attempt (federal plus)
2011 LLRC report that calls for more devolution (federal plus)
2013 Wijerama Resolution of 13 plus attempt (federal plus)
Vigneswaran’s oath taking with the President (not the Governor) – an extreme federal feature when the CM refuses to recognize the Govenor and the EP accepts it.
MS
Continuation with 13A federal structure
2016 attempt to introduce a new constitution (federal plus)
2019 attempt to introduce a new constitution (federal plus)
All EPs must be federalists as per the voting numbers and commitments EPs have given to India, the UN and the UNHRC in 1987 and 2009.
January 10th, 2019 at 12:33 am
You’ve said…”I oppose the new constitution. Just abolish EP and 13A.” It is good to know that you oppose the new constitution.
You also have said…”I oppose the new constitution. Just abolish EP and 13A.” and then you have given a list of reasons. I agree with you for many things in the list. However, Dilrook, good politics means not only believing right things, but doing right things at the right time is also part of politics.
Dilrook, at this moment of crisis, we haven’t been able to find honest leaders. (The only leader we have now at this moment is Rajapaksha. I know you wouldn’t agree with me about it.) So you and me and many in the country have been left without options. At this very optionless moment, you are suggesting to remove the evil that can counter balance a greater evil, the parliament. That is the reason why I am saying that the demand for abolition of EP at this moment is serving the enemy of the nation. However as you have mentioned, abolition of EP must be coupled with 13th. If 13th is going to remain, then the EP must remain as well and must be given more powers. Furthermore, the 19th must be trashed ASAP.
January 10th, 2019 at 1:30 pm
Let me explain in another way.
Single person should not have the ability to sign ant INTERNATIONAL AGREEMENT.
Main problem with EP = Both the Person and heads of other countries assume EP as a king.
Unless the Person is a fully enlightened Arahant, king can be manipulated by external forces or himself.
Geeth,
Can you explain why can’t 13A be repealed ?
Why are you not fighting for it ?
As Dilrook says, it is only necessary to manipulate A SINGLE PERSON ( currently Sirisena), who in turn will use his powers to buy over more people and pass any new constitution going beyond the current federal system. What is required is MONEY only. That can be obtained using Central Bank.
January 10th, 2019 at 2:00 pm
your argument to say that Single person should not have the ability to sign ant INTERNATIONAL AGREEMENT, has no value at all. EP has not involved in signing INTERNATIONAL AGREEMENTs recently, but Minister Kiriell has signed an international agreement even without approval of any others in the government.
By removing EP you will not solve that problem.
13A has already been considered as the basis of future devolution. It is an impossible task now to get 2/3 majority in the parliament to repeal it. Even in the SLPP you might not find more than 20 MPs to support it. You are just wasting your time if you and your handful of Sri Lankans abroad trying to persuade any party to come and support you. JVP, UNP, All minority parties and majority of SLFP will be deadly against it, because in the grass-root level, the political hierarchy is already established on structure of regional councils,city councils, town councils and provincial councils.
January 10th, 2019 at 3:27 pm
NMY,
I think you are wrong on repeal of 13A. ( Correct me please, if I am wrong – I am ready to learn).
As per articles 85-87 of the constitution, without the legislature getting involved at all, a bill can be made to take effect by a referendum.
Please don’t delete this statement, if it is wrong, say why , if you know why.
January 10th, 2019 at 3:28 pm
Sorry, what I mean by “bill” above is a bill repealing 13A.
January 10th, 2019 at 4:31 pm
Thank you.
January 10th, 2019 at 5:11 pm
Kiriella signed the agreement as a member of the Cabinet appointed by Sirisena and headed by Sirisena the executive president! The EP has made international commitments, signed international agreements and supported EP’s Cabinet members and ministry secretaries to do so. This is a wrong practice.
If not for EP, the entire Cabinet has to deliberate and approve each agreement. Someone will sign in representing all of them. With the EP, all this transparency disappeared. Anyone can use the delegated authority of the EP and sign any agreement. Even a ministry secretary and even a foreign citizen. This is a very dangerous loophole.
Allow me to bring to the attention a defence agreement singed in 2007 with USA. Robert Blake signed on behalf of USA but on behalf of Sri Lanka only a ministry secretary signed! How can a ministry secretary bind the nation on such an important matter? To make matters worse, the ministry secretary who signed it binding Sri Lanka was also a US citizen. So essentially a defence agreement was signed binding Sri Lanka by two US citizens! China and Russia certainly take note of this. Insane to think we can fool Russia and China. All Russian and Chinese ministries and agencies on defence and international affairs have a copy of the signed agreement. Mark my word, they will not take this lightly.
January 10th, 2019 at 7:21 pm
@Dilrook
That agreement you talk about was discussed in the parliament two days ago. JVP man raised it and Vasudeva replied on behalf of then EP. Vasudeve said ” he did speak to EP about it but the EP said it is not valid because EP did not sign that agreement. It means anyone can sign any agreement with Donald Trump or Putin or anyone but it is not valid as long as EP did not sign. Robert Blake is a bloody fool , he did not know it is not valid ?
https://www.youtube.com/watch?v=xDba2cfD7jQ
January 11th, 2019 at 2:12 pm
Why is EP blocking information ? Protecting Ranil ?
President’s Office Seeks to Block Access to PM’s Asset Declaration
(Lanka e News – 07.Jan.2019, 11.00PM)) Transparency International Sri Lanka (TISL) is disappointed to learn of the decision made by the Presidential Secretariat to appeal against the order issued by the Right to Information Commission (RTIC), directing the disclosure of Prime Minister Ranil Wickremesinghe’s assets and liabilities declaration for 2015/2016.
TISL’s Executive Director Asoka Obeyesekere said, “Given the President’s New Year pledge to fight corruption in 2019 and given the allegations cast against the Prime Minister in late 2018, we are surprised that the President’s Office has sought to block access to the Prime Minister’s Asset Declaration. Having credible self-declared information in the hands of the public is an essential ingredient presently missing in the fight against corruption”.
The initial applications for the asset declarations of the President and Prime Minister were filed in February 2017. The President’s Office had refused to disclose the information requested, prompting TISL to appeal to the RTIC. In its historic ruling the RTIC underscored that “the RTI Act enables a powerful check to be exercised on even potential corruption, as this would deter those otherwise enticed to amass public wealth for themselves”.
In our statement following the Commission’s ruling, TISL recognized the right of the Presidential Secretariat to appeal the RTIC’s order. TISL also highlighted the fact that such a challenge would undermine the President’s stated commitment to transparency and accountability, and the government’s commitment to ensure the public’s right to access asset declarations.
Obeyesekere added, “as many members of parliament have repeatedly expressed a willingness to unilaterally publish their asset declarations, TISL calls on all elected representatives to proactively disclose their asset declarations to foster a culture of accountability and open government”.