the two bizarre constitutional questions!

8/10/2019 The Two Bizarre Constitutional Questions!

1/4

The Two Bizarre Constitutional Questions!

| by Laksiri Fernando( November 6 "#$ %ydney %ri Lanka &uardian' t may a))ear that *ahinda +er,y

-a.a)aksa has )reem)ted %arath Nanda %ilva/ But you never know/ The latter may

a))ear be0ore the %u)reme Court be0ore the verdi,t on the #"th/ 1n intri2uin2

,onstitutional situation has arisen in this serendi)ity (does it mean stran2e3' %ri Lanka

with two bizarre 4uestions bein2 re0erred to the %u)reme Court by the 0ormer in his

a))arent ,a)a,ity as the in,umbent +resident/ They were buddies 0ew moons a2o/

Two 4uestions are ordered al)habeti,ally (a' and (b'/ Lo2i,ally s)eakin2 (b' should

have ,ome 0irst whi,h 4uestions whether there is any 5im)ediment 0or him 7to beele,ted 0or a 0urther term o0 o00i,e/8 -ationality however does not a))ear to be o0 any

,on,ern 0or the e9istin2 re2ime/ Both 4uestions are bizarre but the 0irst more than the

se,ond/

:le,tion or *andate3

Look at the 0ollowin2 0ormulation in the 0irst/

to de,lare by +ro,lamation my intention o0 a))ealin2 to the +eo)le 0or a mandate to

hold o00i,e as +resident by ele,tion 0or a 0urther term;8 (*y em)hasis'/
http://www.srilankaguardian.org/2014/11/the-two-bizarre-constitutional-questions.htmlhttp://1.bp.blogspot.com/-9VIuxjEp9t0/UPvrtwBMzOI/AAAAAAAAOu0/xgZaRo4p9Os/s1600/logo-srilankaguardian-new.pnghttp://1.bp.blogspot.com/-ClZxPYaE3xs/VFvsEI32gZI/AAAAAAAAB0M/FR1nvUi7Hgk/s1600/z_P44-con1%2B(1).jpghttp://www.srilankaguardian.org/2014/11/the-two-bizarre-constitutional-questions.html


2/4

-

>ayewardene stealthily )assed in 1u2ust #?@/ But now with the #@th 1mendment

whi,h was e9,e)tion be0ore has be,ome the rule/

n,umbent )residents a0ter the 0irst ele,tions are not 2oin2 0or ,om)etitive ele,tionsbut to seek 7a mandate to hold o00i,e/8 This is no lon2er demo,rati,/ t was bizarre

be0ore/ But now it has be,ome a ,atastro)he 0or demo,ra,y/

This is somethin2 that all %u)reme Court >ud2es should take into a,,ount i0 they are

inde)endent in e9)ressin2 their o)inion on the 0irst 4uestion re0erred to them by the

+resident/ This 0ormulation itsel0 ,ontradi,ts the soverei2nty o0 the )eo)le and their

0ran,hise/

Bizarre and Bizarre

%ri Lanka is be,omin2 bizarre and bizarre under the -a.a)aksas/ Aave you tried to lo2

on to the o00i,ialwebsite0or the Constitution3

%till the #@th 1mendment is not in,or)orated/ ho ,ares 0or the Constitution one may

ask/ e0initely not the 2overnment or the o00i,ialdom/ 0 you 2o by that te9t +er,y

-a.a)aksa is de0initely out in two years time/ That should be the ,ase 0or any healthy
http://www.priu.gov.lk/Cons/1978Constitution/Chapter_07_Amd.htmlhttp://srilankaguardian.org/http://www.priu.gov.lk/Cons/1978Constitution/Chapter_07_Amd.html


3/4

demo,ra,y/

There is a 2larin2 ,ontradi,tion between the two 4uestions/ n the 4uestion (a' 5the

date o0 ,ommen,ement o0 the se,ond term o0 o00i,e is stated as 5#?th November "#"/8

That is not in,orre,t/ But the 0ollowin2 is what it says or asks in 4uestion (b'/

hether in terms o0 the )rovisions o0 the Constitution as amended by the #@th

1mendment as the in,umbent +resident servin2 my se,ond term o0 o00i,e as

+resident and as 0un,tionin2 as su,h on the date the #@th 1mendment was ena,ted

have any im)ediment to be ele,ted 0or a 0urther term o0 o00i,e/8

Aow ,ome that he was 5servin2 his se,ond term o0 o00i,e as the +resident 5on the date

the #@th 1mendment was ena,ted3 This is ,ontradi,ted by the statement in the 0irst

4uestion 4uoted be0ore whi,h is obviously the ,orre,t one/

Aow ,ome that the %u)reme Court ,ould 2ive an enli2htened o)inion or verdi,t on

,ontradi,tory assertions3 There is all reasons to dismiss the submission as bizarre and

not based on 0a,t or ,lear ,onstitutional )remises/

Tri,k Behind

1s the 1sian Auman -i2hts Commission (1-AC' has already statedthere is a )oliti,al

tri,k behind the 4uestionin2/ This 2oes beyond the intention o0 tri,kin2 %arath N/

%ilva/ This is obvious 0rom the order o0 the 4uestions and the ,on0usin2 statements and

resultin2 ,ontradi,tions between the two/ The reason is also obvious/

The disability )ertainin2 to +er,y -a.a)aksa derives 0rom 1rti,le =# (' o0 the

Constitution be0ore the #@th 1mendment whi,h re0ers to 5se,ond ele,tion and not the

5se,ond term whi,h is ,lear 0rom the 0ollowin2/

=# (' 7No )erson who has been twi,e ele,ted to the o00i,e o0 +resident by the +eo)le

shall be 4uali0ied therea0ter to be ele,ted to su,h o00i,e by the +eo)le/8 (*y em)hasis'/

anuary "#"/ For some reason this dis4uali0i,ation was not removed

by the #@th 1mendment/
http://www.srilankaguardian.org/2014/11/mr-asks-for-sc-opinion-political-trick.htmlhttp://www.srilankaguardian.org/2014/11/mr-asks-for-sc-opinion-political-trick.htmlhttp://www.srilankaguardian.org/2014/11/mr-asks-for-sc-opinion-political-trick.html


4/4

t is very ,lear that +residents 4uestion (b' has not re0erred to any 1rti,le or any

se,tion o0 1rti,le o0 the Constitution/ t re0ers to the 5)rovisions o0 the Constitution in

2eneral and the 5#@th 1mendment a2ain in 2eneral/ hy3 t is very ,lear that there is

no ,lear arti,le that the +residents ,laim ,an be .usti0ied/

Ender the above ,ir,umstan,es the de,ision o0 the %u)reme Court is most likely be

)oliti,al like in many instan,es in the )ast and not .udi,ial/ t would be 2ood 0or the0uture at least 0ew .ud2es a,t inde)endently and make it a divided de,ision/

+osted by Thavam
http://www.blogger.com/profile/01338571660162781025http://www.blogger.com/profile/01338571660162781025

the two bizarre constitutional questions!

Documents