Gajalakshmi Paramasivam

10 October  2020

 

 

Governance Power v Executive Power

The knowledge that my book Naan Australian is in the Sri Lanka National Library also, made me happy. To me – since it went there without my direct intervention, it confirmed Governing power – mine as well as the Library’s.

Governing powers help us bring about closures by ourselves – as individuals and/or as a group. As children – our parents are our governing powers. Then our gurus and seniors at the workplace. To many they are largely custodians of powers that would bring us benefits. To a few – they are governors. Hence god after guru. When we have a senior with whom we are honest – we naturally acquire share in their governance power. Hence ‘Confession’ in Christian religion. As per Wikipedia:

[Buddhism has been from its inception primarily a tradition of renunciation and monasticism. Within the monastic framework (called the Vinaya) of the sangha regular confession of wrongdoing to other monks is mandatory. In the suttas of the Pali Canon Bhikkhus sometimes even confessed their wrongdoing to the Buddha himself. That part of the Pali Canon called the Vinaya requires that monks confess their individual sins before the bi-weekly convening for the recitation of the Patimokkha.]

To my mind, confession leads us to live by our souls. To be of governance value – such confession needs to be to a senior or at least to an Equal whom we respect. In Sri Lankan Government – to which ‘Buddhism foremost’ applies, when a citizen confesses a breach to a senior – such citizen is ‘free’ of such guilt and becomes self-governing in that issue at that level. Hinduism nominates such governors at various stages as – Mother, Father, Guru & God. A Governor is the Ultimate Reality who shows us ourselves.

On 07 October, I wrote :

[As per my interpretation, the law that prevailed after the 19^th Amendment, facilitates suing the President where Chapter III provisions are breached. This includes bases of racial & religious discrimination. Given that the perpetrators as well as the victims are Muslims & Christians and given that President Sirisena declared from time to time his attachment to Theravada Buddhism there would be just grounds for members of the Muslim or Christian community to bring about Fundamental Rights case against President Sirisena. Likewise by Tamils against President Mahinda Rajapasa, unless they are ‘out of time’ as per the law. ]

Today, I learnt as follows through Daily Mirror article by FactCheck – headed - ‘Minister Peiris misrepresents effect of 19A on presidential immunity’:

[Minister Peiris further said that as long as the 19th Amendment remains, the President will have to report to courts and will not be able to efficiently serve the public, adding that special arrangements have been made by allocating considerable time for the President to address court related matters]

This article confirmed as follows my interpretation mentioned above:

[Post-19A, the exercise of any of the president’s official powers (with one exception) may be challenged by way of fundamental rights petitions]

To me that common interpretation is also confirmation of governance power.

As per the laws of Truth – a governor is immune from prosecution. Where a person has Executive powers – s/he cannot be a governor in that area. President Sirisena pardoned Shramantha Jayamaha who was in prison for murdering a 19 year old girl Swedish teenager. This naturally disqualified the position of President from holding Executive Powers in relation to Foreigners and therefore Foreign Affairs.

President Sirisena pardoned also Galagoda Aththe Gnanasara, head of  Bodu Bala Sena/ Buddhist Power Force who was sent to prison for contempt of court. This prevents the President from taking on powers of Justice Minister.

President Gotabaya Rajapaksa pardoned former Staff Sgt Sunil Ratnayake, who was sentenced in 2015 for ‘blindfolding eight civilians from the Tamil ethnic group, slitting their throats and dumping their bodies into a sewer in 2000’. This prohibits the President from taking on Executive Powers in relation to Defence or Ethnic Affairs.

It is the duty of those amending any law relating to Governance power and therefore Presidential Immunity to ensure the prevention of the President taking on Executive power in that discipline.

They say ‘To err is human; to forgive is divine’. One who forgives/pardons is taking the position of god. Such a person would not need Executive powers because s/he cures confidentially. If one takes on Executive powers – one automatically confirms s/he is not yet a governor. Given that President Gotabaya Rajapaksa already pardoned one who was found by the Judiciary to be guilty of war crimes, the laws relating to war crimes need to be downsized in order to prevent wastage of  the resources of the courts on such matters. In any case, the President is ineligible to hold executive powers in that portfolio, unless the law is changed to expressly make that an Executive portfolio and not a Governance portfolio and therefore the President could be sued.

The voter is empowered to share her/his governing power through the Universal Franchise. A Governing politician would take power naturally only to the extent of her/his belief in the voter. This happens most confidentially in the innermost chambers of the mind.  To the extent the President asked for two thirds majority – he  was asking for Executive  authority – as in the Christian saying ‘Ask and it shall be given to you’. A Governor knocks and the door to the Universal Powers open. An Executive has to seek and s/he will find. This President who asked is ineligible for Governing power. When he takes at that level – the laws above them become redundant.

The laws pertaining to Terrorism and War – have to be downsized to adjust to the reality demonstrated by the Presidential mind – according to which Sri Lanka has no jurisdiction to inquire into Terrorism by non-Buddhists nor war crimes as a result of actions against alleged Terrorism by non-Buddhists.

When that happens – we would naturally be self-governing at our real level. We would also be separated from those who do practice the higher laws.