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.