Gajalakshmi
Paramasivam
14
September 2019
Devolution
or Enforcement?
In a Court of Law – the two sides in the overall
structure are (1) the custodians of the power of the law and (2) the custodians
of the power of truth – manifested as ‘facts’. In Democracy the two sides are taken to be
Equal. When the investment in law is stronger than the investment in truth by
the customers of law – the law goes first. Where investment through
practice of truth is stronger than the law – the facts go first.
That basis needs to be the root of Devolution of power from the higher unit to
the lower unit. The Centre for Policy Alternatives has released a paper on ‘A new devolution settlement for Sri Lanka’
in which it states:
[The principle
of non-replication guarantees that, except in relation to those areas that
necessarily require the co-operation of the national and provincial levels of
government, functions and powers that are devolved to the Provinces are not
replicated by central institutions. Replication denudes provincial autonomy.]
A parent cannot devolve to a child – powers that the
parent does not have. Hence Hinduism foremost cannot be devolved by National Government.
To qualify as policy, a statement needs
to be clean of relativity.
The above is followed by:
[The principle
of subsidiarity ensures that political decisions are taken as closely as
possible to the citizen]
How does
science flow from the Scientists to the Citizens? Largely through
commodities used by the citizen. At the level of the scientists there is only
philosophy. At the level of consumer, one sees only the outcome and no
philosophy.
The question then arises as to whether a Buddhist
leader has the moral authority to devolve Buddha Sasana powers to non Buddhists
– say to Northern Province’s first Chief Minister – Mr C V Wigneswaran? Is the
mind-structure of the President based on Buddhist philosophy or is it based on philosophy of law
common to all Sri Lankans?
As per Hindu philosophy – there is god in all of us
as our soul. But we cannot say that there is Krishna in all of us. Once you
identify through the body – you lose the power to govern. In reverse – the true
governor has zero relativity.
It is therefore immoral to talk about devolution of
any powers to non-Buddhists of powers after article 9 of the Constitution.
Non Buddhists are free to act as per their
conscience so long as they are not in breach of articles 1 to 8 of the
Constitution. Once you identify with relativity – you lose the power to identify
with absolute power. Only absolute power can be devolved. When an outcome becomes the rule – it confirms enforcement.
No comments:
Post a Comment