Friday 15 July 2022


15 July 2022

Gajalakshmi Paramasivam



Article 38 (2)(a) of the Sri Lankan Constitution provides as follows:

[(2) (a) Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of –

(i) intentional violation of the Constitution,

(ii) treason,

(iii) bribery,

(iv) misconduct or corruption involving the abuse of the powers of his office or

(v) any offence under any law, involving moral turpitude and setting out full particulars of the allegation or allegations made and seeking an inquiry and report thereon by the Supreme Court.]


If indeed any member of the opposition had believed that President Gotabaya Rajapksa was so corrupt that he had to go, they had the duty to bring action as per article 38 (2)(a). Why did they not do so? Did they not believe in the constitution, but rather desired quick outcomes to impress voters when the voters were not able to think straight due to economic hardship?

When we believe, we connect to soul-power, be it that of a person or a group. A parliament without belief in the constitution, is incapable of making laws. President Rajapaksa may have been the main reason for the economic collapse. If so action ought to have been initiated through the provisions in the constitution. That is the primary duty of the opposition. The failure to do so, confirms that they did not believe that he was guilty of any of the stated wrongs.

Now that Mr Ranil Wickremesinghe is in that position, if no member of Parliament brings action against him through the above provision, he is exonerated by the parliament, of any financial misconduct – including the Central Bank Bond disaster. Where the Parliament failed, the court of Natural Justice has delivered its verdict.

At the level of the People, without knowledge of the law, their own belief would be the basis on which Natural Justice will deliver. Given that most do not have knowledge of the constitution, they are not likely to regulate themselves through the constitution. Practice of the provisions in the constitution, becomes a pathway to develop cultural habit, through which belief is developed. This is the duty of all members of Parliament.

In the case of majority religious group, this belief in Buddhism has been facilitated by the Constitution. Yet the citizens lacked the forbearance to accept economic hardship in a country dependent on foreign handouts – especially to finance the ethnic war. That ethnic conflict  would have remained a political opposition force, if it had been addressed at the Parliamentary level. Then the borrowings would have been manageable. Debt becomes a sin when it is abandoned. Sin is a Sovereign power and spreads itself exponentially.

If the Rajapaksas did not silence the armed war by the LTTE, to whom all politicians were their enemies, the war would have continued. Then, North & East would have continued to experience economic hardship. Civilians owe the government soldiers who fought against the LTTE or JVP, who had their own laws. To the extent that debt was not settled by civilians, it has become a sin – as confirmed by the looting.

It is the duty of every citizen who has the protection of law, to follow the law they know – even if it is a religious one. Where no law is known, belief becomes the guiding law. Belief never fails.

When we lack belief and act as per pleasures and pains, our actions become our lawlessness. That is how the position of President has been seriously damaged by lay persons without belief in the parliamentary system. They continue to be actively promoted by the Opposition in Parliament, which also pays lip-service to the Constitution. If they had believed, they would have sought. And Christians like Mr Sumanthiran ought to know that Seekers shall find – as per the word of the Lord.

 As I was about to post this  article, I received the following from a Buddhist:

[I notice that a lot of people are angry with your views 

I may not agree – but I  believe you have a right to your view and that I respect]

My response was:

[Thank you. A lot of people do not believe and hence their anger would harm their own mind. That is the way of Truth. I think Buddha said – it returns to sender.]


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