|
(Lanka-e-News-08.Nov.2013, 11.00PM) The Samagi Balavegaya ( United Force) had made all the preparations to stage the satygraha in front of the railway station this evening. The opposition , political parties and over 100 civil organizations represent the Samagi Bakavegaya. This will be the first protest demonstration to be staged by the UNP after the appointment of its leadership council.Herein is a photograph of a Sathyagraha. There has a handbill to be distributed by one of the civil Organizations. It relates a startling but true story : it says , without the 18th amendment being subject to a people’s referendum , it is null and void.
The content of this handbill displaying the latest view is as follows :
The fraudulent constitutional amendment that was introduced to extend the tenure of office of the President to a third term is void without a people’s referendum being held.
Since the 18th amendment is not valid in law , there is a constitutional issue in regard to the determination of the date of holding a Presidential election after the end of the second Presidential term , and in addition , the amendment to extend the President’s term in office any number of times is having no validity in law.
Under the constitution an immunity attaches to a President in office from legal action being filed against him for his actions and failures thereof officially or privately. By the same token , under the constitution 35 -3 , the people meaning ourselves who are sovereign can file action against the President for the injustices committed by him after the end of his second term. An illustration of this is the Waters edge case filed against ex President Chandrika .
But under the 18th amendment introduced to the constitution , such a case cannot be filed. After the maximum two year Presidential term covering 12 years , the immunity of the President from being legally tried continues to, 18, 24 , 30, 36 , 42 years. By this the right of an individual to file legal action for an injustice committed against him is being subjugated via the election process . This is an absolute violation of the fundamental rights under the constitution 83.
Surely votes cannot be cast in favor of violation of the fundamental rights . In such a situation , a referendum must necessarily be held. Without a referendum , under the constitution 83 , that does not become valid in law.
Under the constitution an individual who is transgressing the laws cannot be allowed to be in power forever. After the President’s 12 year maximum period , the position is he can be brought before the law. But , when the limitation on the number of terms of the President is withdrawn , it can install a President against whom legal action cannot be taken forever . This will be something without a parallel anywhere in this world and absolutely contradictory to the constitution.
The third term of a President mentioned in the constitution is not tenable in law until it is approved by a referendum. The number of terms of a President successively therefore is only two under the constitution.
Can the fundamental rights be subjugated by elections?
Sovereignty of the people shall be supreme.
History had proved that the most cherished aim and objective of a Dictator has been power perpetuation after coming to power overtly or covertly . No constitution of a democratic and civilized country is designed to permit this perpetuation or centralizing of powers in a single individual (MaRa) or a small group (MaRa and his JaRas ) which are the first and final steps towards the creation of despots and dictators. Sri Lanka being a democratic country, its constitution cannot be interpreted to benefit power crazy corrupt leaders .
Power corrupts , more power corrupts more .
In the case of Rajapakses their corruption has wrought disaster on the people much more than a volcanic eruption.
