Gajalakshmi Paramasivam

26 April 2021

 

 

CONSTITUTIONAL DEVOLUTION OF POWER – 

SRI LANKA

 

Article 3 of the Sri Lankan Constitution confirms People’s power  as follows

[In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.]

This then means that where a citizen has no administrative relationship with a member of the government, the citizen leads that member in governance. Its family parallel is that of an adult daughter or son leading a parent in later years. From then on, the power of the parent becomes invisible. Likewise, in the case of in the case of non-executive governors. In a mature democracy – the head of State would be such a governor. Where the Executive power of the head of State is greater than this governing power, it is an autocracy and not democracy.

The 1972 Constitution divided the Administration into two parts through Article 9. Vaddukoddai Resolution 1976 was a confirmation of democracy – as facilitated by Article 6 which become Article 9 in the 1978 constitution. It is an article that Constitutionally devolves power. But the different parties interpreted it differently as per their own truth. It is that interpretation that needs to change to suit the current generation.

When the Equal position of Tamils were confirmed in 1977 - through Equal Opposition position in National Parliament – the value of 1976 Vaddukoddai Resolution was confirmed by the People each group contributing through its own feeling of ownership. Today’s Eelanadu newspaper confirms this on behalf of Tamils,  on its page 2 through the writeup by the son of the Hon Appapillai Amirthalingam.

The 6^th Amendment to the Constitution happened after the July 1983 pogrom. It begins as follows:

[157A. (1) No person shall, directly or indirectly, in or Sri Lanka support, espouse, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.]

The terminology used was interpreted  by the LTTE as Separate country. Had the Equal status that happened in 1977 been accepted by the Government as the Community level parallel of a political party – the war would have been under the jurisdiction of Politicians and therefore would have not resulted in India’s intervention. This morning I wrote as follows:

[Today is Chithra Paruvamdedicated to mothers.  ….. a good mother automatically generates good children exponentially I knew it was dedicated to mothers but learnt about making kanji only when I resided at Thunaivi. The kanji they make is traditional and tastes heavenly. But the senior castes do not seem to practice it nor do they share in the kanji made by junior  caste folks. As per that video you directed me to – Madam Kalayarasi  Nadarasan states in that that a true Tamil recognizes NO caste discrimination]

If we did recognize caste diversity – it was our duty to facilitate completion of governance by that caste – without being  unlawful, and accept their leadership as foremost in their area. That would have sustained our Nationalism claim. Later LTTE was accepted due to its military power.

Article 157A would be read by the Common Sri Lankan as prohibiting separate state. This naturally applies to Colombo Port City being ruled by a diverse set of laws to the rest of the Nation. That is the way of karma.