You are currently browsing the tag archive for the ‘Panchayat system’ tag.

Prince 3For good measure the provision about restricting the unlimited power of appointment by the President was repeated with regard to the Judiciary, with capitalization –

Appointments and Removals:

The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President SUBJECT TO APPROVAL BY THE SENATE

One of the most worrying incidents that took place during President Rajapaksa’s second Presidency had been the impeachment of the Chief Justice. She had not been the best choice for the position and the Opposition had raised questions about the appointment and her conduct, after the appointment was made. But the impeachment was badly handled, and in terms of bizarre provisions in the relevant instruments, the Constitution and the Standing Orders of Parliament. The former simply specified that impeachment should be by procedures laid down by Standing Orders, and the relevant Standing Orders had been hastily formulated when President Jayewardene wanted to put pressure on the Chief Justice he had appointed, one of his private lawyers, who had nevertheless begun to speak out against government excesses.

The leader of the Opposition was to grant that only half the required Standing Order had been set up, and since that had worked and the then Chief Justice had been subdued, the other half had been forgotten. So the provision remained that Parliament appointed a Select Committee to investigate, which involved it acting as both prosecution and judge. In the intervening thirty years it had often been pointed out that these provisions were unjust, and commitments had been made that they should be changed, but nothing had been done about this.

The Select Committee appointed by Parliament made matters worse by behaving in boorish fashion and giving the Chief Justice no time to formulate a defence. It also gave her no notice of witnesses it proposed to call, and summoned them after she had withdrawn, as had done also the opposition members of the Committee. Rulings by the Courts that the proceedings should be stayed were ignored, and the motion was duly carried, with only a very few members on the government side refusing to vote for the motion.

Though government also realized how unfair the system was, and some members pledged to change it, even while arguing that what had been done was perfectly constitutional and so could not have been avoided, all this was forgotten after the Chief Justice was removed, and Mohan Pieris installed in her place. The Speaker showed his contempt for, or perhaps just his ignorance of, Standing Orders in failing to put my proposals to amend them to Parliament. The Standing Orders themselves mandated that any such proposal to amend should be put to the House and, after being seconded, be referred to the Committee on Standing Orders, but instead the Speaker said he would refer them direct to the Committee. Since he had avoided making clear the mandate Parliament would have bestowed, he failed to summon the Committee, and got away with this for over a year. Before that, despite repeated requests, though sadly only from me, he had not summoned the Committee for three years.

I regret that I was the only Member of that Committee to make repeated requests that the Committee be reconvened. Unfortunately the Opposition Chief Whip who was on the Committee had no understanding of the importance of Standing Orders, while the TNA Representative, Mr Sumanthiran, who had worked assiduously with me to redraft about a quarter of the whole in the first three months of the new Parliament, kept quiet when meetings were suddenly stopped, perhaps because we had been too efficient. Obviously it made sense for the TNA not to bother too much to increase the effectiveness of Parliament, since that might have detracted from their main contention, that Parliament was incapable of serving the interests of the Tamil people. Read the rest of this entry »

Advertisements

I was quite flattered recently when I was told by a former public servant, for whom I had the greatest regard, that I was probably the first politician since S W R D Bandaranaike to be so interested in Local Government. I am not sure that this is quite correct, not only because I am not really a politician, but also because I think President Premadasa did a lot of work in this field. But nevertheless it set me thinking on why the subject has not had the attention it deserves.

This is sad because other countries have moved forward significantly in this sphere. Indeed some of the hot air now being blown about with regard to India and its role in our introduction of the 13th Amendment would I think be dissipated if we looked at what India has actually done, since that Amendment was introduced, to bring government closer to the people.

The 13th Amendment came about quite simply because centralized government had been too distant from the people. While this was obviously the case with regard to the needs of minority communities, which also suffered because of exclusivist language policies, we should also remember that rural majority communities also suffered because of a majoritarianism that did not take the concerns of the marginalized into account. Hence indeed the two Southern youth insurrections.

Read the rest of this entry »

The unity of this country will be immeasurably enhanced by giving the regions a greater say in decisions made at the Centre – for even the proponents of maximum devolution grant that certain decisions, in particular those relating to national security issues, must be made at the Centre. That is why the Liberal Party has long advocated a Second Chamber, and that doubtless is why the President made that a feature of his manifesto.

Unfortunately implementation of the President’s manifesto has been left to politicians who exercise power by virtue to the current Constitution. This perhaps is the reason they have not moved on the President’s more imaginative proposals. The position of the Executive Head of the country will not be affected by the reforms this country so urgently needs, but Parliamentarians might think a Second Chamber would take away from their authority – though in fact, as the assessment of the role of Parliamentarians by a former Secretary General makes clear, they have no authority at all any more as Parliamentarians.

Given this lack of a role as far as legislation is concerned, it is not surprising that they spend an excessive amount of time and energy on constituency issues. This is well and good, but unfortunately, unless the MP is sensitive, this can take away from the role of local government. That in turn may explain why there has been no attempt to move also on another idea the President has advanced, which is to revive local government, in particular through the idea of Gramya Raj, village empowerment.

Read the rest of this entry »

I am grateful for the request to write about India and the 13th Amendment because, while I have referred to the subject in different contexts, it would be useful to assess precisely what Indian priorities are, and how we should respond to these. In doing this, we should be clear about the principles involved –

  1. As Sri Lankans, our own national interest must come first. This includes both safeguarding the integrity and sovereignty of Sri Lanka and also ensuring that all our citizens can dwell contentedly in their country, with access to equal opportunities and full participation in politics and development.
  2. As South Asians we must also recognize the important role India plays in the region. This means that, without any violation of our own interests, we must ensure that India does not come under undue pressure from any quarter because of us.

It is clear that we got into a conflict situation with India because we violated the second principle. While India could have reacted less aggressively, I believe the Jayewardene government must be held responsible for allowing India to come under pressure from two quarters. The first was pressure from Tamilnadu, because of what was perceived as, not just discrimination, but also violence against and oppression of Tamils.

Jayewardene presents a baby elephant to American President Ronald Reagan and the American people, 1984

President Jayewardene presents a baby elephant to American President Ronald Reagan and the American people – 1984

The second set of pressures however was more worrying for India, as is clear from the provisions of the Indo-Lankan Accord. The Sri Lankan agreement then to ensure that foreign policy decisions took Indian interests into account (as spelled out with regard to Trincomalee and its oil tanks as well as broadcasting facilities to other nations) made it clear that Jayewardene’s flirtation with America in the Cold War context had worried India deeply.

We must remember that those were days in which America saw India as a hostile element, and had no scruples about engaging in activities calculated to destabilize the country. Salman Rushdie’s brilliant account of language riots in India in the fiftes, in which Tamilnadu hostility was the most aggressive, has a brilliant cameo in which he suggests the American contribution to street violence. And while obviously no direct causal connections can be diagnosed, there is no doubt that America would have been quite happy in those days for India to split up – and the obvious instrument of this would have been Tamil Nadu, with the longstanding American connection to the area, through missionaries in particular.

Read the rest of this entry »

Rajiva Wijesinha

August 2019
M T W T F S S
« Dec    
 1234
567891011
12131415161718
19202122232425
262728293031  
Advertisements
%d bloggers like this: