Wednesday 31 October 2018

Gajalakshmi Paramasivam

31 October 2018



After being appalled by the way Dr Laksiri Fernando – who as per my understanding is by law Australian – interpreted the ‘legality’ of the decision by Mr Sirisena who holds the position of president of Sri Lanka, I felt hope in my heart – reading Mr Jayakody’s work in this issue. I was able to identify with Mr Jayakody’s interpretations as if they were mine. The name indicates that  Mr Jayakody is of Sinhala origin, but the mind is certified by me as being global.  To my mind,  Dr Fernando on the other hand has demonstrated withdrawal into ‘Sinhala Nationalism’ and has demonstrated strong subjectivity and hence identifies blindly with the thinking of Mr Sirisena.
Knowing the way such minds work is important to Tamils, Muslims and Burghers to preserve their Diversity in this highly subjective environment – especially if Mr Rajapaksa is accepted as the Executive leader.

Dr Fernando states in terms of the application of Article 47(2):
[19th Amendment 
There is no question that many of the powers of the President are reduced under the 19th Amendment. However, nowhere it says he cannot remove the PM. There are two Articles where removal is mentioned directly and indirectly. 
First is Article 47 (2) which says “Notwithstanding the death, removal from office or resignation of the Prime Minister, during the period intervening between the dissolution of Parliament and the conclusion of the General Election, the Cabinet of Ministers shall continue to function with the other Ministers of the Cabinet of Ministers as its members…” 
This is of course during the intervening period, as it is clear from above. However, this is a proof that the possibility of removal is still there even after the 19th Amendment. There is no hard and fast rule on this matter. ]

Article 47 is about ‘the period intervening between the dissolution of Parliament and the conclusion of the General Election

To my mind the above comes from a mind  that places benefits (including imaginary benefits) before rights. Each one of us earns ‘rights’ as per our true respect for Common structures and values. As I recently said in the case of a stepchild – that child has accumulated natural rights by respecting the position of the stepparent and the stepparent’s system.  The Constitution is to be interpreted on the basis of our belief that we are Sri Lankans. Every such interpretation is valuable and would naturally merge with other genuine interpretations – at Energy level.

This Article 47 (2) confirms that the existing Ministers SHALL continue. – ‘ the Cabinet of Ministers shall continue to function with the other Ministers of the Cabinet of Ministers as its members

But Mr Sirisena has  appointed new ministers while the existing ministers are still in their positions and Parliament has NOT been dissolved. This confirms serious disrespect for the Constitution which every Sri Lankan has the right to interpret as per their Belief. True Belief will merge naturally. Between Dr Fernando and I only one of us has the right to claim to be Sri Lankan. If that is Dr Fernando due to his position and majority power – then Separation has already happened – with my part of that land being called Eelam. This could very well be in the middle of Colombo.   

Young  Mr Jayakody shows another interpretaion through the following interpretation of the law which comes from a global mind:
[However, Article 42(4) refers to the president’s power to appoint as prime minister, a member of parliament who in his opinion can command the confidence of the house. There are no provisions in the constitution concerning the removal of a prime minister by the president.  A prime minister can only cease to hold office through one of the stipulated means in Articles 46(2) and 48]
I therefore conclude that whilst Tamils who are genuinely committed to integration – are overridden by the likes of Dr Fernando whose interpretation is contradictory to that of  the mind practicing global principles of Equal Opportunity and Diversity – there can be no ethnic reconciliation, leave alone solution whilst such minds ‘possess’  power – by majority and/or merely by status – especially status that has gone past its validity date.

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