Gajalakshmi Paramasivam

06 August 2018

TNA’s Responsibility to make Sri Lanka a Constitutional Democracy

Article 157A of the Sri Lankan Constitution states as follows:

(1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.

(2) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.

We need to ask the question as to whether forming a de facto opposition confirms the formation of a separate state. There are reports that ‘UPFA has handed over a letter to the Speaker on their decision regarding the change in the post of Opposition Leader, stated Minister Mahinda Amaraweera…….. MPs of the Joint Opposition had proposed the Speaker to name MP Dinesh Gunewardane as the Opposition Leader.’

Does the above not amount to formation of Separate state within Sri Lanka?

As per the fundamentals of Democracy, the opposition has to be formed by a party that is not part of the Government.

It could be a Representative Democracy merely by numbers or be a Constitutional and Representative Democracy. Article 157 A confirms that Sri Lanka by law is a Constitutional Democracy.

Article 12 protects the Right to Equality of the citizen as follows:

12. (1) All persons are equal before the law and are entitled to the equal protection of the law

This confirms the Sovereignty of the Individual. Article 157A upholds and confirms that Sovereignty of Sri Lankans.

As per the science of Democracy – one cannot bat as well as bowl at the same time. Hence, so long as UPFA members are within Government their Political alliance is disqualified from forming Opposition Leadership.

Mr Jehan Perera of the National Peace Council states in his article ‘CATERING TO THE DEMAND FOR A STRONG LEADER’ :

[…On the other hand, the government’s true strength, and which is in the national interest, is that the two party alliance of UNP and SLFP, and the further engagement with the ethnic minority parties, is essential if there is to be a political solution to the ethnic conflict which is the country’s long unresolved problem.  Until this is solved, Sri Lanka will remain a divided polity, although united in territory by the strength of its military.  The ground reality today is that the SLFP is only a shadow of its former self with the bulk of its active members now with the SLPP which is led by the former president.  But it still can muster the support of a significant enough number of voters, which added to the UNP votes will give the two parties a strength that neither party can muster separately. .]

SLPP was not a legal entity at the time of 2015 Parliamentary Elections. Hence as per the science of democracy SLPP had no visible existence at the time of elections and therefore does not have the essential criterion to become Opposition Leadership. As Jehan has stated – Sri Lanka will remain a divided polity due to the failure of politicians to learn lessons from their own experiences.

If indeed SLPP comes to power – it would carry with it the Separatist karma which started with claims of victory over Sri Lankans. LTTE were open about their mandate – that they sought Separation. One who disciplines – would not claim victory. By claiming victory – that regime confirmed separation. This translated as the Joint Opposition despite the principles of Democratic Parliament stating otherwise. It’s the brain that discriminates on the basis of principles. Those who are habitually driven by numbers are driven by emotions.

Minister Mano Ganesan for his part is reported to have stated ‘ R Sampanthan must continue to hold the post of Opposition Leader until the completion of the process to formulate a new Constitution.’

That is the position that Truth has allocated to Tamils who did not seek Separate State. It was Truth that demoted those who failed to participate in the pain of such Tamils.  When we accept discipline by our elders with whom the buck stops, our emotions are raised to intellectual level. When intellectual structures are used in making decisions -  there is order in thought and harmony in the outcomes. The Constitution is such an intellectual instrument and when our  desires and fears are passed through Constitution from two opposing sides, we function as a Constitutional Democracy. This would help us lead other countries in preventing such wars.  Where one is denied one’s earned position through such Common Constitution, yet one continues to consider oneself part of the whole – Dharma prevails. That was how TNA became the messenger of Truth in 2015. It happened due also to those Tamils who did not have a voice against ruthless armed rebels who killed Tamil politicians who disagreed with them. Tamils may not maintain this position during the next Parliamentary elections. But unless we function as a  Constitutional Democracy and measure through the provisions of the Constitution – we would go through the same cycle of majority rule becoming autocratic rule when the majority gap is wide and then the resulting rebellion and war by those who seek to preserve their Constitutional right to be treated Equally until proven otherwise by law.

God / Truth / True mind has the authority to dispose of man’s proposals. Where man seeks to dispose of God’s proposals he curses himself.