(
October 7, 2012, Colombo, Sri Lanka Guardian) Throughout the
last week, the government has been successfully navigating a judicial challenge
issued vis-à-vis the Divineguma Bill. The government machinery had been working
overtime to pass the disputed bill in provincial councils as per the Supreme Court
ruling. By the end of the week, the bill has been passed by eight out of nine
provincial councils. At the Cabinet meeting, the president also turned down a
proposition made by Minister S.B. Dissanayake that the Bill be presented in
Parliament as an urgent bill, thereby circumventing the time and space granted
for the standard judicial review process.
On
Tuesday, the Eastern Provincial Council passed the bill with a majority of six
votes. It was initially thought that the passage of the bill in the EPC was to
be a contentious affair, which could gauge the ruling UPFA’s grip in the
provincial council. Sources within the
Sri Lanka Muslim Congress, the ruling UPFA’s partner in the EPC, confided that
the SLMC provincial councillors had been instructed not to support the Bill
until the green light was received from the SLMC’s top echelons. However,
councillors reneged, highlighting a brewing internal strife within the SLMC.
Twenty one members from UPFA, SLMC and Wimal Weerawansa’s JNP voted for the
Bill while 15 members - from the UNP and the TNA opposed it.
On
Tuesday, the bill was also passed in the Central Provincial Council by a
majority of 19 votes.
However,
there had been a hiccup in the Southern Provincial Council, which concluded its
sessions, last month. The Southern Provincial Council was scheduled to be
reconvened on October 9. However, the
government appeared to be in a rush. Southern Province Chief Minister Shan
Wijayalal de Silva later met the Governor Kumari Balasuriya to request that she
summons a special session.
Later,
the Bill was also passed in the Southern Provincial Council by a majority of 21
votes at a special session held on October 2.
The Bill was also passed at the Sabaragamuwa Provincial Council by a
majority of 15 votes. Twenty seven voted for the Bill, while 12 councillors
opposed it.
Internal
rivalry
In
the North Central Provincial Council, which has been beset by an internal
rivalry between the former chief
minister Berty Premalal Dissanayake and the incumbent S.M. Ranjith, the Bill
was presented to the council in the absence of Berty Premalal Dissanayake, who
has sent to the Council his leave application, ostensibly, as a display of his
bitterness. Earlier, he openly vowed not to cooperate with his successor. He
seems to have really meant what he said. Early last week, he sprung a surprise
(though, he denied his involvement in defeating the ruling party’s nominee for
the chairmanship).
Early
last week, the ruling party in the NCP was taken by surprise when the party’s
nominee for the chairmanship of the council lost to another UPFA member
nominated by the opposition, highlighting the simmering internal rivalry. During the secret vote, T.M.R. Siripala,
nominated by the opposition UNP obtained 21 votes against 10 votes obtained by
Amarakeerthi Athukorala nominated by the UPFA. The vote was viewed as a show of
force by belligerent Berty Premalal Dissanayake who sat in the council as a
backbencher when the council met for its inaugural session.
However,
Berty Premalal, a feudal lord from rural Anuradhapura is unlikely to challenge
the status quo in Colombo. The government, mindful of Berty’s limitations, is
hardly bothered by his act of defiance.
Separation
of power
However,
a hangover from the humiliation suffered by the statement issued by the
Judiciary Service Commission remains with the government. The president who
attended a district development committee meeting in Ratnapura on Friday took a
swipe at the Judiciary. “The Executive, the Legislature and the Judiciary are
not to undermine each other. They should work in unison to strengthen the
supremacy of the people,” the president said.
That
is exactly the very notion of separation of
power principle. Unfortunately, the 18th Amendment has distorted that
status quo, surrendering the supremacy of the people to the whims and fancies
of the Executive. – Lakbima News
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