We Don’t Know In This Drama Who Judas Is Behind The Chief Justice
Wijedasa Rajapakshe PC - President BASL
Mr. Speaker,
This is for the first time in our parliamentary history, that we are debating an impeachment against a Judge of the superior court namely the Chief Justiceof the Republic. Whether it will be left as a grey patch or as a purple patch in our parliamentary history, I leave it to the posterity to decide.
Article 03 of our Constitution precisely and categorically states that in the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes powers of government, fundamental rights and the franchise. These have become a much-debated topic since the impeachment against the chief Justice is moved in the Parliament.
While the incumbent coalition government is vociferous in taking up the position that the legislature is supreme to the judiciary those who are learned in political science and fair minded people strongly demonstrate that the 3 pillars on which the temple of justice rests are equal within their scope and power. In the absence of evenness of the three pillars, namely the legislature, the executive and the judiciary, the golden shrine that rests upon them would collapse. The Golden Shrine denotes democracy.
There is no debate that people while exercising their franchise, repose their sovereignty in the hands of representatives in the Parliament on a contract basis for a limited period. Therefore Members of Parliament are only the custodians of the people and they are obliged to exercise legislative powers within the parameters of the Constitution. In the absence of checks and balances, objectives of democracy would be rendered nugatory and absurd.
That is the reason why in the 18th century, French political philosopher Charles- Baron de Montesquieuintroduced the concept of separation of powers based specially on the system of Westminster Parliamentary democracy in the United Kingdom. During the period of British Colonial domination in this country, they had introduced a system based upon that concept, and it is well enshrined in the Soulbury Constitution as well. Even at present, Article 4 of our Constitution has given due recognition to the concept of separation of powers without any ambiguity, which is regarded as a rule by all jurists all over the world. Concentration of powers in one or in a few, always tempts to dismantle democratic structure and take a lead role towards a dictatorship. That is the reason why Lord Acton said, that;
“Power tends to corrupt and absolute power corrupts absolutely”. Read More
Whatever impression the government would like to give, fiasco upon fiasco is mounting. if we go from the most recent – the illegal impeachment of the CJ, to the totally botched up case of Rizana Nafeek, the mess in the Judiciary before the CJ’s unfortunate fate, to the Z score, to the messed up education system at all levels, to the almost non existent implementation of an LLRC Action Plan, to all types of religious fundamentalism rearing its ugly head, to the increasing violence, the increasing cost of living, to the failed administrative system, to the over employment of graduates and resultant burden on the economy and the final nail in the coffin – the economic down turn.
The UNP Should Be Factored Out Of The Governance Struggle In Sri Lanka
We cannot deny that Sri Lanka is in a crisis at the moment. Even if the country does not meet the indicators of a failed state, it is as good as one.
Whatever impression the government would like to give, fiasco upon fiasco is mounting. if we go from the most recent – the illegal impeachment of the CJ, to the totally botched up case of Rizana Nafeek, the mess in the Judiciary before the CJ’s unfortunate fate, to the Z score, to the messed up education system at all levels, to the almost non existent implementation of an LLRC Action Plan, to all types of religious fundamentalism rearing its ugly head, to the increasing violence, the increasing cost of living, to the failed administrative system, to the over employment of graduates and resultant burden on the economy and the final nail in the coffin – the economic down turn.
The economic failures are most serious from the time of the removal of the GSP+ concessions.The country is on a steady economic decline, whatever the Central Bank would like to say. The real growth rate can only be estimated at best as an inflated one is given in the Central Bank Report. Foreign Direct Investment for real growth in enterprise does not seem to be there as most of the money received is invested in infrastructure. In fact the government is investing in infrastructure and external investment is limited to Chinese assistance for infrastructure yet again and a few others lenders.The economy is also affected by the many strikes and bad fiscal management as evidenced by unhealthy investments and playing around with people’s savings such as EPF.
Let us say for the time being that citizens dream that the government should correct itself eean at this stage and move on. May not happen, but it is one of the few possible roads ahead.
What is the UNP doing while the country is burning?
President Rajapaksa very successfully defends the impeachment process and the fact that the CJ has to go out. Citizens are made to believe that the Divineguma is the best thing that happened since sliced bread. In fact as found out in the process of a discussion with Heads of Civil Society Organizations today, many of them were unaware that the passing of the Divineguma Bill was not a cake walk for the government. That many amendments had to be made and a few clauses dropped
There has not been a single concentrated communication campaign on the part of the UNP to tell the public what is happening in reality. Citizens need information to make decisions. Citizens need to be made aware of the tremendous power that goes with their sovereignty.
Even during a talk show the UNP makes a very poor argument except for Harsha de Silva, Kabir Hashim,Rosy Senanayake, Ravi karunanayake, Sajith Premadasa and Eran Wickramaratne. But such events are islolated and not strategic campaigns that run with a theme and muti faceted communication tools and events to change the mindset of the polity.
So many demonstrations and marches were held both by the Government, Lawyers’ bodies, civil Society Organizations and Trade Unions mainly of the left. However, the UNP could not even mobilise people onto the streets once, for the past 3 months, while all this was happening.
So in the struggle ahead it might be more prudent for citizens to factor the UNP out and for professionals and other Civi Society Groups to take the lead. However bad governance is, still the government is effective though diabolical. The leadership of the UNP has become so ineffective that it is pulling back its own members from doing something progressive.
Many people’s struggles have been successful without an opposition, so let us think about a Civil Society led struggle in the months and years ahead.
