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.
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