Sri Lanka: Constitution is Not Divine Word

 A constitution is not divine word. They are written by people, changed by people and can be burnt by people.
 

by Helasingha Bandara

“I came to protect the constitution”- Ranil Wickramasinghe.

Ranil’s claim makes no sense from any angle. Did he become the Prime Minister constitutionally? A man whose party did not win a single seat in the parliament and who entered the parliament by fraudulent means, suddenly lands the PM’s post. How constitutional is that? There may be some provision in the severely abused constitution of Sri Lanka to validate his appointment. Such a provision, if there is any, itself is enough reason to consider this constitution is archaic and fickle. It must be symbolically burnt and should be replaced soon with a new constitution that can align with people’s political desires and that can prevent it from being abused by power hungry and ignorant politicians who bear no good intentions for the people or the country. 

Q: “When does the PM resigns”? -media person

A: “There is no provision in the constitution for him to resign” -Vajira Abewardena

I beg all watch this interview for a scrutiny to find any sign of sincerity on his fat face. His answers were typical and traditional political garbage with which they still believe, people can be deceived. Inside those fat heads, there must be nothing other than clay, if they still haven’t understood that the era of deceptive political games is over and done with.

All types of companies have a governing document called the constitution. In certain situations, a constitution contains two parts: memorandum of association and the articles of association. Together, those documents have all kinds of governing activities of the company. Invariably a constitution of a company includes a performance appraisal system of its employees including the chief executive. Companies take various actions to rectify a failed performer. If all the efforts in the process of correcting this particular employee fail, the eventual action is dismissal. Any constitution without a performance appraisal system in it is inefficient. This theory is applicable to any country too. Repeated failures of a politician to perform and how intensely such failures affect the country and its people cannot be taken into account under this ineffective constitution of Sri Lanka. There is no provision in the country’s constitution to act against such leaders. The implication is that SL constitution is totally inefficient to ensure the progress of the country.

Most importantly, if there is no provision to withdraw a mandate of the people given to a politician, during the period for which the politician is elected, this spells disaster for a country. If people elect a leader under an illusion, they should be able to change the decision once they realise that they have followed an illusion. Those short comings and the numerous amendments that had been made to the constitution on personal gains of powerful individuals, have taken the gloss away from the original constitution that the British handed in. 

“This revolution happened without following any constitution”-Sarath Fonseka

The implication is that the old constitution has no legitimacy to continue under a people’s government. It has no place or power in the new system of governance, and it should not be followed hereafter as it is null and void now. The new governance should be entirely new, and it needs a new governing document. Under successful revolutions people did not pay any respect for the old systems that made them agitate. The chasing away of a president, a prime minister, a finance minister, and forcing numerous cabinet reshuffles mean that the old system has conceded defeat. In a victorious new system, members of the old parliament under the old constitution should cease to exist.

A constitution is not divine word. They are written by people, changed by people and can be burnt by people. Ours is a piece of paper on which clause upon clause is written with borrowed clauses, phrases, and words that were constantly changed without knowledge or purpose every single time somebody came to power with a group of spineless cronies who could raise their hands in favour of such changes. There is no other constitution in the world, at least in the developed world, that has been shamelessly abused like ours, particularly by the Rajapakshas and the Jayawardene clan to which Ranil belongs.

Constitution is a contemptuous term in Sri Lanka and people have lost faith on it. The old constitution can be called a rag which has gathered so much dust and dirt that it is unlikely that it would even burn easily. The Sinhalese say when they see someone wearing a very dirty sarong, that sarong cannot catch fire even if it is thrown into fire (lipata demmata pichenne ne).We need a brand-new constitution which can deter anyone from  falling into old ways.

“Our leader Sajith has the constitutional right to be the president”- Nalin Bandara

People fought at the cost of their lives. The victory was hard earned. The vultures are now planning to own the kill. Shame on you!

In a comparison between Sajith and Anura, a SJB politician from Polonnaruwa suggested that Anura is not recognised by any world leader where as Sajith has met many. This comment is not worth analysing but should be highlighted to understand ignorance and stupidity of the people whom the country has sent to the parliament.

Among all the names Sajith and Dalas (Is he an American?, The name sounds American) are the worst. Dalas being an integral part of a government that failed and destroyed the country. He has not stood against any misdeeds of his bosses for the fear of losing position and power. Sajith being the deputy leader of the UNP that ruled the country during the previous five years and failed. He did not talk against his leader or resigned, for the same fear. In addition, he has grown up within the luxuries that are now exposed to public view, during his father’s tenure as the prime minister and the president. Such a person cannot be believed to give up all such luxuries and come down to earth to work with the ordinary people.

I suggest that Sri Lanka should abolish Independence Day celebrated on 4th of February and replace it with 9th of July. A few days later, let’s say 13th of July we should introduce as the burning of the constitution night or fireworks night similar to Guy Fawkes night in the United Kingdom.

On the 13th we should symbolically burn the old constitution. Everyone should carry a small paper as a token of the old constitution and at a selected time, the whole country should symbolically burn this piece of paper to signify the burning of the old constitution. That would put an end to all the squabbles around the old constitution and we can establish a new independence day followed by a fireworks night similar to Guy Fawkes night.

Wikipedia

“Guy Fawkes Night, also known as Guy Fawkes Day, Bonfire Night and Fireworks Night, is an annual commemoration observed on 5 November, primarily in Great Britain, involving bonfires and fireworks displays. Its history begins with the events of 5 November 1605 O.S., when Guy Fawkes, a member of the Gunpowder Plot, was arrested while guarding explosives the plotters had placed beneath the House of Lords. The Catholic plotters had intended to assassinate Protestant king James I and his parliament. Celebrating that the king had survived, people lit bonfires around London; and months later, the Observance of 5th November Act enforced an annual public day of thanksgiving for the plot's failure.

by the 20th century Guy Fawkes Day had become an enjoyable social commemoration, although lacking much of its original focus. The present-day Guy Fawkes Night is usually celebrated at large organised events.”

After centuries Guy Fawkes has become a hero who tried to blow up the parliament and its members and the night is celebrated with a happy mood all over Britain.

Time has come for us to burn the old constitution behind which the corrupt politicians try to hide and achieve their traditional and person-centred goals. It is time to start with a constitution of the people who won the non-violent revolution. They might get some advice form Nagananda and the law society but certainly not from Wijedasa or Sabri.

People could not be intimidated by physical violence, discouraged by imposed obstacles and stopped by the existing laws.  Therefore, they should not abide by a worthless constitution. A good constitution must constitute the will of the people. The will of the people at the moment is to disregard the old constitution to allow them to form a new government that suits to needs of the country and its people. There is no obstacle to go ahead and do that.

Long live the struggle!