Gajalakshmi Paramasivam
10
November 2020
Separatism Laws
What happens or what
ought to happen is measured differently by different persons. To the extent we
use our truth to measure, we would merge at the destination. Given that most of
us are not driven by truth, our ancestors have discovered that when we use the
common pathway, we may oppose but not become each other’s enemy.
There is often
criticism of politicians in power becoming autocratic. Is it possible that this
is caused by individual’s selfish interpretations of common law. This morning I
wrote as follows in this regard:
[Those who contribute to
the Commonness of a community have earned the right to be respected above those
who act selfishly. Nilantha has written ‘I'm sure a lot
among here who are trying to offer something meaningful for the common course
before the end of their journey’.
I believe I am one of
the above and as per Nilantha’s reception of my work I conclude he refers to me
also as a contributor to the common course.
But you on the other
hand have asked Nilantha to write to you direct:
[Nilantha Hi! You have got it wrong. This small group of Tamils is
not the problem in
Sri Lanka. This accumulation of email addresses is just one mad
woman's work, should
not reflect upon the Tamil diaspora. You can send me an email
direct, and I will be happy to
update you with the current situation in Colombo, Jaffna,
Washinton and Los Angeles.]
Your suggestion to be
private is like the disintegration that I was talking about in my last article
‘Power of Invisible Vote’
As is my
way, I used my ‘experience’ of the American structure through the 2020
elections, to highlight the weakness in the Sri Lankan system. It may or may
not be heard by policy makers but it certainly enhances my power of natural
ownership in Sri Lanka as a whole. I doubt that you have the intellectual
structure to appreciate that policy level contribution. But others do and they
will integrate privately or publicly.]
The
above person wrote also:
[It is exciting times
with a Tamil VP in the US with 3 Tamil Americans getting senior
positions in the
staff of the VP. You guys know only one. VP will be neutral with SL,
despite the fears in
Colombo, because she has seen the documents of the War Criminals
when she was
California's AG, and Senator. ]
If indeed this guy is the mouthpiece of the American Vice President
elect then the lady’s standards cannot be that high. One who has the common experience, has the
natural authority to speak for the other and / or the whole. In this instance
the common experience needed is with the Sri Lankan government , the LTTE and
the Civilian Sri Lankan community.
We often hear criticism of the
autocratic ways of the current Lankan government. Article 96(4) of the Sri
Lankan Constitution provides for District based integration of votes:
[96(4)
The electoral districts of each Province
shall together be entitled to return four members, (independently of the number
of members which they are entitled to return by reference to the number of
electors whose names appear in the registers of electors of such electoral districts)
and the Delimitation Commission shall apportion such entitlement equitably
among such electoral districts.]
Integration is pathway to commonness. As per
the above, the individual voter has been integrated into one common body
recognized as ‘district’. This common entitlement is then shared proportionally
by political groups which are themselves integrated through their common faith
and their own laws.
This would
help them merge towards commonness at the higher level.
But the
problem arises when a voter who is not a party to the above commonness at party
level is empowered to vote at the disintegrated / differentiated level of
candidates. This is facilitated by Article 99 (2) of the
Constitution states as follows:
[(2) Every elector at an election of Members of Parliament shall, in
addition to his vote, be entitled to indicate his preferences for not more than
three candidates nominated by the same recognized political party or
independent group.]
As per my understanding, differentiation reduces the
plenary powers of the body and takes it towards relativity. This is confirmed
as follows:
[In contrast to the
powers of the Commonwealth, the powers of the States are not enumerated in the
text of the Constitution. Instead, the States retain what is known as plenary power, meaning that they can
legislate with respect to any matter other than those matters over which the
Commonwealth has exclusive power.] UNSW Social Justice Intern, Emily
Collett through The Gilbert
+ Tobin Centre of Public Law
As per the basic principles of law –
the cause must equal the effect. At both ends the visible and the known are included in any reliable written
law. In Natural Justice the third dimension – the invisible Energy known as
karma adds itself. This is included in some human law systems as discretionary
powers which need to be strictly limited to the belief of the user in the
common.
By effect, Article 99(2) when
applied to Sri Lankan government would
mean that the National government would be driven by the popular vote of the individual,
differentiated voter – including her/his karmic forces into the sovereign body
of a party. In contrast, the American system continues to integrate through
state laws also in terms of Electoral College votes.
These Lankan amendments were made through the 14th Amendment
in 1988 – about 6 months after the 13th Amendment which recognized Tamil also
as an official language and English as a link Language, and required the establishment of Provincial Councils. As
per my reading, President J. R. Jayewardene, negated the effect of the 13th
Amendment through this differentiation process.
The Karmic force of differentiation which prevented President
J. R. Jayewardene from exercising his Executive powers to protect Tamils in
Sinhalese majority areas during the 1983 pogrom transmuted itself into revenge
when the 13th Amendment was more or less forced on him. One way of
getting even was through the 14th Amendment which empowers the
individual voters to interfere within a Party.
A party is taken as a sovereign body bound by common
belief of its members. When a non-party voter is empowered to allocate ranking
within that party it is like India interfering with the internal affairs of Sri
Lanka. A thoughtless reaction would lead to changes that would amount to
revenge.
When we ask for a boon largely to ‘show’ we often
fail to recognize the self-manifesting karmic forces. The self-awarded boon was
the 14th Amendment through which both major Sinhala parties
separated themselves internally. Today the UNP has no elected seat in
Parliament and SLFP won only 1 seat and that was in Jaffna.
In turn, within the Tamil community LTTE leader
promoted himself as King of Tamils. If that is true – then Tamils are not a
democratic community. By opposing him outside the law, the Rajapaksas also
became infected by the effects of 14th Amendment and the powers they
took-over from the LTTE are autocratic powers. Those who voted form them got
the autocratic government they voted for.
One who has the Experience is empowered at root
level by the root itself.
As Mr Wigneswaran would know through his own
experience ‘One who makes laws using separatism powers gets separated from the common.’
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