A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
(Full Story)
Search This Blog
Back to 500BC.
==========================
Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Sunday, October 22, 2017
Can Sri Lanka be Great again?
The most powerful main feathers of the Sri Lankan federal constitution are the police and land powers vested under the 13th amendment which has not been implemented by successive Presidents (including CBK) after JRJ knowing the drastic/disastrous consequences leading to separation.
Fall of “Sinhala Rule” and the Consequences
( October 22, 2017, Colombo, Sri Lanka Guardian) 2358
years of the Sri Lankan Kings rule fell on 2nd March 1815 due to the
coup of the Chief tens headed by “Ehalapola “who signed the disputed
historic and decisive Convention to hand over the country and powers of
governance away to the colonial power despite the silent protest of the
common man. Robert “Brownrig” and” Ehalapola” were the first signatures
of the agreement/convention in which the main clause amongst others was
to give foremost position to Buddhism and to protect “Sasana” Buddha,
Dhamma, and Sanga. Before the ink got dried of the agreement, British
violated the Convention by letting down the chief tens who expected to
be rulers, and contravention of the contents of the agreement which is
still in force under international law akin to Indo Sri Lanka Accord of
1987!. Sri Lanka became a British Colony until independence was gained
on 4th February 1948 with the destruction of the culture, imbalance of
the economy and agriculture the colonial power overrun us due to naval
power and power of the gun then. Nothing more could have been expected
from “sea pyrites” looking for wealth from the colonies for the King and
the British Empire with intention and agenda to propagate the
Christianity in which King is bound to protect and foster. Disunity of
the King Chief tens and “Sanga” caused the disaster that could have
averted by unity toughed by “Lichcihevi” way of practice in Buddhism
they practiced. Jaffna came under the Sinhala King. Had we survived like
Thailand we world have been a unique /great Nation.
“Sri Lanka was transformed to a Federal State by Indo Sri Lanka Accord giving power to the periphery”
It is our duty by the nation not to hide the truth and not to be shy to
speak the truth for the future generation. 13th Amendment of the
constitution certified on 14th November 1987 was promulgated in
pursuance to the Indo Sri Lanka Accord passed by the Parliament while
the country was in flames and the Members of Parliament whose undated
letters of resignation was in possession of JRJ brought to the
Parliament to vote with armed protections from the hotel they were
imprisoned. Legally there should have been a referendum on 13th
amendment as it amounted to be a change of the “basic structure” of
Unitary to Federal. Changing basic structure is prohibited according to
the Indian full bench judgement of “Kesawananda Barati Vs State of
Kerala” In a full Bench decision it was decided that even with 100%
agreed decision, the basic features embodied in the Indian constitution
cannot be changed which are entrenched which as a principle applied to
Sri Lanka. In India while there are five entrenched feathers, in Sri
Lanka the foremost position to Buddhism and the Unitary Nature in Sri
Lanka cannot be changed even with a referendum as this principle is
entrenched. Indian constitution is mainly a federal constitution with
distribution of powers among coordinated bodies, unlike in a Unitary
State where “one single unit exist with all powers top bottom”. Indian
system was imported to Sri Lanka forcibly as the 13th amendment under
“duress” thereby Sri Lanka was transformed to be a “Federal State” with
units of devolution fortunately tied together in a string/thread of
powerful presidential powers.
The most powerful main feathers of the Sri Lankan federal constitution
are the police and land powers vested under the 13th amendment which has
not been implemented by successive Presidents (including CBK) after JRJ
knowing the drastic/disastrous consequences leading to separation. Most
important are the lists reserved for the central government, Provincial
Government and concurrent lists which leads to complications such as
sharing of water, Education, Archaeology, law and order leads to
complications controversies and blood sheds again which has to be
avoided. India has 19 states and a Union City Delhi with full population
of 1.32 billion with 199 million in Uttar Pradesh alone where a federal
system is a necessity due to enormity of size and other logistic
complications, unlike the Sri Lankan situation where the population is
only 21.2 million which is easy to control and manage with a “Mega
Computer” (like NHS System in UK a Unitary State erroneously stated as
Federal in IRSC)) with access to one corner to other physically in few
hours. India is massive and it needs a federal structure such as USA
Canada and largely populated massive countries where plans and
helicopters are used for transport. Future amendments to the
constitution is an impossibility, as it requires 2/3 majority of both
houses and the approval of the powerful provincials in which the
Governor is appointed by the Chief Minister. Second Chamber consists of
majority Provincial council members who are as corrupt and dirty as the
main legislators mad over luxury vehicles perks and bribe. If the IRCS
is implemented complete separation is imminent and definite in no time.
Architects of Indian and USA Constitutions and applicability
The architect of the Indian Constitution in “Dr Ambedkar” who pioneered
the process which is still in power with only 101 amendments when George
Washington and Benjamin Franklin too forward the p2reparation of the
constitution by “James Medsion” the chief architect who pioneered for
the people which is in force with only 33 amendments. They took great
pain in the drafting of the great living documents amended from time to
time according the needs of the day but never wanted to explore new
constitutions which are complicated and leads to unnecessary divisions
and blood shed they have averted permanently with a static and stable
constitution mechanism. Change of constitutions are seldom takes place
in the world unless newly born states mainly due avoid unnecessary
complications and divisions. Both great nations changed and adopted
themselves with new challenges with amendments which are most practical
and sensible. Then what/why is our mighty hurry to change the
constitution to commit suicide? Is it Geneva, NGOs Regime Change forces
diaspora or any other evil anti Sri Lankan forces? Therefore we do not
want to get into further tragedies and let us live with the known devil!
Constitution Making
Constitution is a set of fundamental principles constituting the supreme
law of a state from which all other laws derive. India has the longest
constitution with 444 articles and 118 amendments whereas Monaco has the
shortest with 77 articles. Sri Lankan Constitution of 1978 consist of
179 Articles and nineteen amendments with the Article one (1) declaring
that it is a free sovereign independent democratic republic of Sri Lanka
which is declared as a Unitary state (art2) transformed to be a federal
state by the 13th amendment by changing the “basic structure” and
outlook of the constitution without constitutional due process. The
Unicameral “Saulbury” Constriction came to force on 4th February 1948
was abolished and the new Republican Constitution was introduced in 1972
with a peaceful constitutional revolution and a constitutional Assembly
which was replaced by the current 1978 “JRJ constitution” which is a
mixture of Executive Presidency and Parliamentary model running smoothly
with some concerns on the Executive presidency and centralized powers
now in a compromised situation out of necessity to keep the provinces
together tied in a strong string” without separating from the Central
Government with the power of Presidential powers.
Armed struggles of disappointed youth as a result of denial of franchise
Fourth Amendment of 1982 extended the life of the Parliament until 4th
August 1989 subject to a referendum brought disastrous effects which led
to two JVP Insurrections and emergence of LTTE due to denial of
democratic institutions and periodic elections the citizens were used
to. Two (bloody) JVP instructions cost the nation lives of over 60,000
youth and destruction of property and retardation of the economic growth
by decades. LTTE struggle continued for thirty years with deaths from
the forces and those took to arms until “MR” was able to win the
unwinnable war against the most ruthless terror organizations in the
world. It is a sorry state that we have not learnt from the history and
mistakes made by blocking the democratic process (by JRJ) of exercising
franchise periodically. Hurriedly passed Ad Hoc 19th amendment blocks
elections for 4 and half years and the postponement of elections
continually nearly three years takes country towards a volcano in
brewing under with no signs of any elections until the end of the period
of the governance. In the IRSC fatal mistakes are made without learning
from previous mistakes by forcing the Government in power for 4 ½ years
( S11) and PM and Government not to be removed for 2 ½ years (S12 are
repeating the same fatal mistakes undermining the power of franchise and
ability to change governance. To the credit of MR he continuous
elections 29 successive occasions with victory though lost at
Presidential on a suicidal tour of politics. Like the loss of Winston
Churchill after winning the world war “MR” lost the Presidential
election to his former Health Minister MS who suddenly crossed over to
“SWAN” led by controversial “Shalill”, was backed be India, West, local
and international NGOs, and the Tamil diaspora with the majority of
minority votes in the north and west. MR’s cronies, relations, wrong
advisers contributed to his down fall.
Who wants the new constitution in the making?
Country is not in a good shape and in financial and political crisis
admitted by all blamed the previous regime the SLFP and JO are parties
to. There are open and close differences and infighting in the unholy
union of SLFP and UNP ( leads to dictatorial one party system against
democracy with weak and racist opposition confined to N/E) traditional
enemies for decades joined together for perks,( ex 3.1 billion for
vehicles alone to all ) privileges, facilities, power and fear of being
run over by charismatic MR who is still popular but continuously
attacked by the enemies who ousted him from power and blocked to contest
by 19th amendment especially enacted aiming at him and block him and
the family clan claiming to block further family rule. Joint Geneva
resolution is a sell-out of the nation promising a new constitution and
giving away the forces responsible for freeing the nation from terror
engulfed for thirty years mainly beneficial to the citizens of North and
East lived in fear terror groups. Opposition leader is the leader of
TNA demanding a de facto federal state supported by JVP (one time
nationalistic party opposed vigorously to Indo Sri Lanka Accord of 1987)
some minority parties NGO’s/INGO’s, and brainwashed part of
international community backed by the diaspora still active on
internal/international issues. Common man is sandwiched with many issues
including cost of living, un/under employment and various threats and
constitution is least important to them.
Way forward
It is time for the Nation to be united today by shedding all differences
as Sri Lankans for a better day for the future generation. The “Dead
Silence” of the Professionals (including OPA and BASL), other sectors
are sad, alarming, and worrying when the unpatriotic and undemocratic
foolish politicians take unilateral decisions against all norms of good
governance rule of law and democratic norms and practices. The
statements by clergy, intellectuals, writers, artists, and working
class, against the proposed “IRSC” are very encouraging (despite the
press conferences of INGO’s and NGO’s depending on dollars) and in the
right direction. Time has come to the professional’s educated young and
the citizens to take over reigns of the governance and oppose proposed
draconian and dangerous constitutional changes which will lead to blood
shed again proposed by dirty politicians miserably failed and destroyed
our loving and beautiful Granary of the East to be great again.
(The
author is a Solicitor, Attorney-at-law and former Sri Lankan Ambassador
to UAE and Israel The author takes responsibility to the contents and
could be contacted on sarath7@hotmail.co.uk)