It is unconstitutional for politicos not to pay taxes

by J. B. Talwatte, Kandy

(September 07, Kandy, Sri Lanka Guardian) The government is cash-strapped because politicos and public servants are frittering away public funds.Gone are the days of politicians of the ilk of D. S. Senanayake, Sir John Kotelawela, Dudley Senanayake, C. W. W. Kannangara, M. D. Banda, S. W. R. D. Bandaranaike, Mrs. Sirimavo Bandaranaike, M. D. H. Jayawardena, Gamini Jayasuriya and D. A. Rajapaksa. They became poorer and poorer, the longer they stayed in politics.

Recent politicians have given themselves immunity from paying income tax. Of Sri Lanka’s 20 million people, 200,000 have to pay taxes to maintain politicians and public servants in luxury. No one has so far challenged this in court.

This is the point at which corruption commences. Corruption is not confined to taking bribes. If a set of persons confer upon themselves privileges that others do not enjoy, that too is corruption, though clothed in legality.

Evasion of income tax is not immoral, only illegal. Politicians pass unfair laws that exempt them and public servants from paying income tax, thus conferring huge benefits upon themselves, which more than 19 million people in this country do not enjoy.Though legal, this is a gross violation of Article 12(1) of our Constitution, which says that everyone should be treated equally, and that privileges enjoyed by politicians and public servants should be enjoyed by all the people in this country. If one section is exempted from income tax, then all others should be exempted from income tax.

This is unambiguously stated in our Constitution. Though the Constitution is the Supreme Law, politicians, in gross violation of Article 12 (1), have enacted laws that confer unreasonable benefits upon themselves. This is ultra vires the Constitution, and has no effect in law. Any law passed in violation of the Constitution can be declared illegal; and monies so far enjoyed should be made recoverable.

The Inland Revenue Department and the Ministry of Finance are finding ways and means to harass tax payers. The Inland Revenue Department took Rs. 387,000 million of public funds in the VAT scam. Are we so dense as to conclude that only the handful of those who were remanded were responsible?

Without harassing the tax payer, the Commissioner General should recover this Rs. 387,000 million in public funds robbed by the Income Tax Department and the Ministry of Finance. This sum alone would be enough to cover this year's budget.

Politicians do not have to fill tax returns on their salaries. The huge allowances, perks and unnecessary trips abroad are paid for with public funds.

In any democracy in the world, everyone pays income tax, but not in Sri Lanka. The Queen of England now pays taxes voluntarily. So does the President of America. He pays a tax not only on his salary but also on his perks. Sri Lanka is the only country where politicians and public servants have exempted themselves from income tax. These are the people who bleed the country dry. They pay no taxes on their salaries and perks, and they pay no taxes on their ill-gotten monies.

The time is right for the people to rise against this type of tyrannical highway robbery of public funds by politicians and public servants.

In addition to the use of free state cars, free petrol, free chauffeurs, free electricity and free telephones, they have also awarded themselves duty-free car permits without paying a cent in customs duty.

A Benz costs them less that 50 per cent of what it would cost any other citizen. This too is a blatant violation of Article 12(1) of the Constitution. In other words, these two categories of persons think that Sri Lanka’s finances are their private property, to do with as they like.

What contribution in rupees and cents are our politicians and public servants giving our country? The answer: NIL. Even their so-called acts of charity are done with public funds. Their motto seems to be: “Take everything from the country, give nothing back, and make the people pay to keep them in clover.”

SOLUTION: If they have any love for our country, and if they are true patriots, all politicians and public servants whose income is above the tax threshold must voluntarily ask for tax returns and pay taxes, if they are half as honourable as they claim to be. They should clamour for a repeal of this immunity, just as they clamour for higher salaries.
- Sri Lanka Guardian