{"id":54945,"date":"2016-05-24T23:27:27","date_gmt":"2016-05-25T05:27:27","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=54945"},"modified":"2016-05-24T07:06:54","modified_gmt":"2016-05-24T14:06:54","slug":"sri-lanka-already-has-a-federal-constitution-what-more-is-tna-demanding","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2016\/05\/24\/sri-lanka-already-has-a-federal-constitution-what-more-is-tna-demanding\/","title":{"rendered":"Sri Lanka already has a federal constitution \u2013 What more is TNA demanding?"},"content":{"rendered":"

\u00a0Shenali D Waduge<\/strong><\/em><\/span><\/h2>\n

Sri Lanka\u2019s constitution is not unitary or was not after the implementation of the 13th<\/sup> amendment wherein the constitution became a quasi-federal one on the same lines of India. Therefore, it is strange that the Tamil National Alliance continue to be demanding federalism when it already prevails unless of course their objective is something different. This is where we need to stay alert to the recent statements bringing out the word confederal option into the limelight. A confederal option is truly what the TNA is seeking highlighted in the manner that TNA\u2019s main constituent party ITAK changed its constitution in August 2008 and replaced a word with another (Shamasthi with Innaipatchchi). This name change holds the key to what ITAK deviously seeks through the new constitution and warrants people to be alert to these developments and ITAK must make public what these two words stand for.\u00a0 As for devolution – already 36 of the 37 subjects have been devolved to all the provinces excepting land and police powers.<\/p>\n

Allegation that ITAK constitution aims and objectives are confederal and not federal.<\/strong><\/p>\n

    \n
  • Illankai Tamil Arasu Katchchi was formed in December 1949 by S J V Chelvanayagam. The Tamil translation of the party name was separate Tamil State while the English name given was Federal Party.<\/li>\n
  • Why did the ITAK in August 2008 amend its constitution and replace \u2018Shamashthi\u2019 with \u2018Innaipatchchi\u2019 if their aims and objectives were originally federal? If Shamasthi originally meant \u2018federal\u2019 what does \u2018innaipatchchi\u2019 mean?<\/li>\n<\/ul>\n

    Features of a Unitary Form of Government<\/strong><\/p>\n

      \n
    • All powers centralized in Central Government.<\/li>\n
    • Local government system prevails where powers are delegated with strict central control\/supervision<\/li>\n
    • Unitary systems does not have list of distribution of powers in the constitution<\/li>\n
    • Unitary systems are more responsible than federations as Centre is the sole responsible entity for the entire nation<\/li>\n
    • France, Japan, China, Italy and Britain are unitary states.<\/li>\n<\/ul>\n

      Features of a Federal Form of Government<\/strong><\/p>\n

        \n
      • Dual system \u2013 Central Government at one level and State\/Province at another.<\/li>\n
      • Power is distributed between the centre & provinces except for subjects that have common interest which is in the charge of the central government (foreign affairs, defence, currency & coinage, etc)<\/li>\n
      • One constitution prevails for both Central and Provincial Governments<\/strong>. All laws created by the provinces are subordinate laws and valid within the authority conferred by the constitution. If they go beyond limits the centre can deem it a violation<\/li>\n
      • Central government can reach direct to the citizens in a State or Province<\/strong><\/li>\n
      • Central government has more authority than a confederal system<\/li>\n
      • Fundamental rights of the citizens of a country is granted by the Central Government not State governments.<\/strong><\/li>\n
      • Only the federal government can negotiate treaties with other countries. State & local authorities cannot<\/strong>.<\/li>\n
      • Under a federal set up unilateral secession is impossible while under confederalism unilateral secession is possible.<\/strong><\/li>\n<\/ul>\n

        Features of a Confederal form of Government<\/strong><\/p>\n

          \n
        • Union of independent and sovereign States<\/li>\n
        • formed with an intention to create independent and sovereign States<\/strong><\/li>\n
        • In a confederacy the Central Government can only reach upto the Governments of the confederation<\/strong>. The central government cannot directly reach the citizens. <\/strong><\/li>\n
        • The states of a confederation retain all the powers of an independent nation<\/strong> ex: right to maintain a military force, print money, and make treaties with other national powers.<\/li>\n
        • can have their own currency<\/strong><\/li>\n
        • can have own military<\/strong><\/li>\n
        • can enter trade agreements with external sources<\/strong><\/li>\n
        • government of a confederation can withdraw from the Union<\/strong><\/li>\n
        • US, Germany were confederal before they adopted federal systems<\/li>\n<\/ul>\n

          India\u2019s Constitution is Quasi-Federal (it has features of both unitary and federal form of government)<\/strong><\/p>\n

          Unitary Features in India\u2019s Constitution<\/strong><\/p>\n

            \n
          • Single citizenship<\/li>\n
          • Single judicial system. Highest court is the Supreme Court.<\/li>\n
          • Powers under Union Government<\/li>\n
          • Limitations on autonomy to State Governments<\/li>\n
          • The Union Parliament can reorganize States \/ alter boundaries by a simple majority vote even without consent of legislature of that state.<\/li>\n
          • During a national emergency, union government can take over decisions of subjects under state list and control them the state\u2019s executive powers)<\/li>\n
          • Union law will prevail over State law in any conflict.<\/li>\n
          • The President appoints state governors.<\/li>\n
          • State governments do not have separate constitutions of their own \u2013 their powers are derived from the Constitution of India.<\/li>\n
          • No state has independence source of income and are dependent on Centre for administration, finance and policy.<\/li>\n
          • Single administrative system \u2013 entire administrative system is one India police and administrative is controlled by the Centre.<\/li>\n
          • Single election commission for supervising and conducting general elections.<\/li>\n
          • Article 3 & 4 empowers the Union Government to form new states and alter boundaries and names of existing states.<\/li>\n<\/ul>\n

            India\u2019s Constitution is Quasi-Federal (it has features of both unitary and federal form of government)<\/strong><\/p>\n

            Federal Features in India\u2019s Constitution<\/strong><\/p>\n

              \n
            • Dual system of government<\/strong> with a union government (federal) and state governments. Distribution of powers.<\/li>\n
            • Constitution is Supreme<\/strong> \u2013 Central Government & State Governments derive powers from one constitution. There is one Supreme Court to interpret the Constitution. Supreme Court can decide where an act by the Central Government or State Governments violates the constitution or not and declare that act a violation.<\/li>\n<\/ul>\n

              All of the features in India\u2019s constitution is seen in Sri Lanka\u2019s present constitution following the 13th<\/sup> amendment passed after the signing of the Indo-Lanka Accord in 1987. In other words Sri Lanka\u2019s constitution is quasi-federal and not unitary.<\/p>\n

              Federal systems can\u2019t ask for referendums \u2013 Confederacies can<\/strong><\/p>\n

              However there are calls for referendums from TNA and Tamil Nadu politicians<\/p>\n

                \n
              • In 2014 State manifesto of Chief Minister of Tamil Nadu assured an \u2018Eelam Referendum\u2019 in Sri Lanka.<\/li>\n
              • In 2014 & 2014 DMK Leader Karunanidhi of Tamil Nadu called for a UN backed referendum for Tamils in Sri Lanka.<\/li>\n
              • In 2008 Sivajilingam (Prabakran\u2019s brother in law) sought a referendum to decide Tamil Eelam at a Pongu Thamizh event in Australia<\/li>\n
              • Numerous other Tamil politicians including the TNA leader have called for referendums.<\/li>\n<\/ul>\n

                Examples of TNA making confederal demands<\/strong><\/p>\n

                  \n
                • TNA\/ITAK use \u2018co-existence\u2019 \u2018collaboration\u2019 were the same words used when US experimented with confederacy. The moment states don\u2019t get along with each other the next option is to separate (withdraw from the union) \u2013 the route ITAK wants to take but does not say so openly as it would be a violation of the 6th<\/sup> amendment and ITAK would be subject to legal action.<\/li>\n
                • Constant reference to \u2018United Sri Lanka\u2019 is in line with ITAK\u2019s confederacy objective where confederate states are joined only by a common united \u2018collaboration\u2019 agreement. When agreement fails separation follows which is the hidden intent of ITAK.<\/li>\n
                • Notice those who are peddling the confederacy option for the new constitution are always referring to \u2018United Sri Lanka\u2019 \u2018Co-existing\u2019 \u2018Collaboration\u2019. These are the people to watch for their aim is not federal but confederal.<\/li>\n
                • ITAK demand for regional states\/union of independent and sovereign states are with hidden intention of creating an independent sovereign state<\/li>\n
                • Northern Provincial Council demand for direct foreign aid and demand for direct diplomatic relations is aligned with confederal system<\/li>\n
                • ITAK\u2019s constant reference to Tamil province & Sinhala province when no such provinces exist is aligned to that confederal secession objective.<\/li>\n
                • ITAK\u2019s guarantee of language and religious rights is also confederal for in a federal government the Central Government is responsible for all fundamental rights.<\/li>\n
                • ITAK\u2019s amended Constitution of 2008 says that once it has created a \u2018homeland for Tamils\u2019 would co-exist and collaborate with the Sinhala provinces (there are no Sinhala, Tamil or Muslim provinces in Sri Lanka) If Sinhalese are not living in the North it is because LTTE chased them out of the North.<\/li>\n
                • ITAK is well aware that a federal system has all the provision to annul a province that attempts to declare unilateral declaration of independence. In 1990 Indian stooge Varatharaja Perumal Chief Minister of merged N-E provincial council declared UDI and the Premadasa government immediately dissolved the council.<\/li>\n<\/ul>\n

                  ITAK must legally establish that its aims and objectives is federal and not confederal as per its amended 2008 constitution.<\/p>\n

                  Before ITAK can talk about any homelands it must prove that a separate independent Tamil Homeland existed and explain that if such a homeland existed why only Sinhalese archaeological and historical sites remain while ancient writings also speak of Sinhalese living in the North. Invariable ITAK and TNA must also answer and give reasons for the ethnic cleansing of Sinhalese & Muslims from the North in a calculated effort to give credibility to the bogus argument of a \u2018Tamil homeland\u2019. All of the Sinhala & Muslim people who were chased out of the North have every right to return and international bodies tasked to help resettle people to their original habitats must take up this task without bias and prejudice.<\/p>\n

                  Sri Lanka is an island nation. Every citizen has a right to live, purchase land and carry out business anywhere in that island nation and no political party can deny this right. A government does not colonize its own territory. \u2018Colonization\u2019 accusations by the ITAK\/TNA are uncalled for and have no legal basis.<\/p>\n

                  With the trilingual policy of the GOSL it is the right of the Public to demand that ITAK\u2019s constitution be made available in all 3 languages so that we can clearly establish whether ITAK\u2019s amended 2008 constitution is federal or confederal. By establishing this the quests for referendums, direct foreign aid, direct diplomatic ties, granting citizens religious and language rights, \u2018collaboration\u2019 with Sinhala and Muslim provinces, UNITED SRI LANKA rhetoric will die a natural death. All these features are found in confederal set ups and not federal set ups.<\/p>\n

                  Sri Lanka by virtue of the 13th<\/sup> amendment is currently following a federal form of government.<\/p>\n

                  So the question is \u2013 if Sri Lanka, is already following a federal form of system why is the TNA\/ITAK going on and on about wanting a federal solution in the new constitution?<\/p>\n

                  If the public were to first establish ITAK\u2019s aims and objectives as per their party constitution and establish what the meaning of Shamasthi and Innaipatchchi are and match them with the demands they are making publicly and through their paid agents in both the political, academic and NGO\/INGO and international circuits the quest for confederacy as being the main aim would be clearly established.<\/p>\n

                  Is the Sri Lankan Government aware of this? Are the policy makers aware of these? Have they even thought about the ITAK constitution\u2019s aims and objectives as per 2008 amendment? If not they better start relooking at these angles before they go and making a major faux pas in handing to those who have been peddling confederacy on behalf of the ITAK\/TNA to draft the new constitution.<\/p>\n

                  Shenali D Waduge<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

                  \u00a0Shenali D Waduge Sri Lanka\u2019s constitution is not unitary or was not after the implementation of the 13th amendment wherein the constitution became a quasi-federal one on the same lines of India. Therefore, it is strange that the Tamil National Alliance continue to be demanding federalism when it already prevails unless of course their objective […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-54945","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/54945","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=54945"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/54945\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=54945"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=54945"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=54945"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}