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 13^th 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 13^th Amendment was more or less forced on him. One way of getting even was through the 14^th 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 14^th 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 14^th 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.’