Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Sunday, August 17, 2014

SUNDAY, 17 AUGUST 2014
A massive rice mafia is active within the government says the President of All Ceylon Farmers Federation and Member of North-Western PC Namal Karunaratna. He made this observation in an interview with a weekend newspaper.
Speaking further Mr. Karunaratna says, “Today, traders have become owners of the rice mills of the government .These traders bought stocks of paddy and hoarded it. It is to create an artificial rice shortage and raise prices. The government neither confronts this situation nor does it have a programme to arrest such a situation. What the government states is that the prices of rice went up due to the drought.
We don’t accept it. The harvest for Yala season is gathered during this month. If so there is no way the drought could influence the harvest. It would have an effect in December – January period. The government comes out of such excuses to hide its impotency as it does not have a proper plan.
Sri Lanka needs 193000 metric tons of rice for consumption for a month. The need for a year is 2320000 metric tons. To get such a harvest 2 million acres of paddy land should be cultivated. What’s the programme the government has for this issue? The paddy that is bought for Rs.20 a kilo is turned into rice and sold for nearly Rs.100. The businessman gets 1:2 profit. The farmer is being exploited. The consumer too is exploited. A government should be able to mediate in such matters and to control the situation. Nothing of that sort happens now.”

914 and 2014:Uncomfortable parallels and continuing conflicts


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by Rajan Philips-August 16, 2014, 6:22 pm

The hundredth anniversary of the Great War (World War I) has spawned many speculative comparisons between 1914 and 2014. The Economist, as well as the New Statesman, saw "uncomfortable parallels", while eminent historians in the West have weighed in on either side of the debate as to whether the world’s financial crisis, ongoing conflicts in the Middle East and Ukraine, and big power tensions around the South China Sea are similar to the antecedents of World War 1 and can ignite a major conflagration this decade, if not this year.

Heaven’s scorching eye ignores prayers for rain

By Nadia Fazlulhaq-August 17, 2014

The Sundaytimes Sri Lanka
Thousands of villagers pray for rain as the ancient giant tanks and irrigation systems continue to dry up in 14 districts mostly in the North, East and North-Central provinces, with experts forecasting a continued need for trucked-in drinking water.
The famous 12th-century Parakrama Samudraya now has only one-fifteenth of the water it was built to hold.

A dried up tank in Yala
Although the Yala crop season has reached its end and the Maha season is to begin in October, water for domestic use as well as water for wildlife will be in short supply, with heavy rains not expected until late September.
Government Agents (District Secretaries) and irrigation and meteorological experts voiced the need for continued supplies of clean drinking water as well as for containers, barrels and tanks to hold water.

Namal Rajapaksha in Berea with Musaeus girls


namal-rawPresident's son, MP Namal Rajapaksa was recently seen in Berea Lake with a group of students of Musaeus College.
He was thus seen with several members of the school rowing crew.It is said that the students have taught MP Namal how to row.
However, Namal and singer Iraj Weeraratne recently faced a troublesome situation as they visited Sirimavo Bandaranaike 
Vidyalaya in Colombo for a rugby promotion and invited the students to dance.
Namal and Iraj were requested to leave the school under principal's intervention as the prefects and teachers of the school objected their actions.

VIDEO: Youth shot and killed in Ratmalana

VIDEO: Youth shot and killed in Ratmalana

logoAugust 17, 2014  
A 25-year-old youth was killed following a shooting carried out by two unknown gunmen on a motorcycle on Thelawala Road in Ratmalana today, police said. 

The shooting had taken place at around 1.15pm today while the gunmen had managed to flee the scene of the crime via motorcycle.

The victim has been identified as Yoman Yasantha, a resident of Ratmalana.

Police are investigating the murder. 

Ukrainian fighter plane shot down by pro-Russia rebels

Foreign ministers of Russia, Ukraine, Germany and France due to meet in Berlin, and 10 civilians killed in shelling in Donetsk
Pro-Russia rebelsThe Guardian home
Agence France-Presse in Donetsk

 

Pro-Russia rebels in eastern Ukraine. Photograph: Sergei Grits/AP
Pro-Russia rebels shot down a Ukrainian fighter jet on Sunday, before Kiev and Moscow's top diplomats were due to hold urgent talks to defuse tensions over fighting in the east of the ex-Soviet nation.
Ukraine's military said its MiG-29 warplane had been shot down as it carried out "an assignment to eliminate a large group of terrorists" in the Luhansk region. The pilot managed to parachute to safety, it said.
Authorities in the main rebel city of Donetsk said shelling had killed 10 civilians in 24 hours as government forces pressed on with an offensive to oust separatists.
Russia's foreign minister, Sergei Lavrov, Ukraine's foreign minister, Pavlo Klimkin, and their French and German counterparts are due to meet in Berlin.
Klimkin tweeted: "Flying to Berlin. The talks will not be easy. It is important to stop the flow of weapons and mercenaries from Russia."
The French president, François Hollande, called for Ukraine to show "restraint and good judgment" in its military operations, after boasts by Kiev that it had destroyed part of a small military convoy from Russia. He suggested the talks could pave the way for a face-to-face encounter between the Russian and Ukrainian heads of state.
Russia had dismissed the incursion claims as "fantasies", but resisted the urge to strike back, as it again denied the persistent allegations from the west that it is arming the rebels.
The fate of a Russian aid convoy parked up near the border since Thursday remained uncertain despite both sides appearing to edge closer to a deal to let it into Ukraine.
The Red Cross said its officials had arrived at an area where 300 Russian trucks were waiting, but official inspections of the cargo were yet to begin. AFP journalists later saw a group of 16 trucks head in the direction of the crossing.
The west and Kiev fear that the convoy could be a Trojan horse to help the rebels in eastern Ukraine, or provide Moscow with an excuse to send in the 20,000 troops that Nato says it has massed on the border.
The International Committee of the Red Cross, which is overseeing the aid delivery, has said Russia and Ukraine have agreed on procedures to check the cargo, but "security guarantees" are still needed on how the vehicles can cross rebel-held territory.
Kiev recognised the "legality" of the humanitarian convoy in a statement published on the government website, moving closer to giving the green light for the trucks to enter its territory.
Ukraine's president, Petro Poroshenko, told the US vice-president, Joe Biden, on Saturday that the separatists had yet to grant safe passage for the aid.
Russia's foreign ministry has repeatedly demanded that Kiev cease fire in order for the aid to reach residents of blighted cities in eastern Ukraine who have been stuck for days without water or power.

Ukraine forces clash with rebels near Russian border

Skirmishes resume in Ukraine between government forces and pro-Russians as Moscow dismisses as "fantasy" the claims that part of one of its military convoys was destroyed.
News
SATURDAY 16 AUGUST 2014
Channel 4 NewsUkrainian forces and pro-Russian separatists have fought skirmishes near the Russian border after Moscow maintained denials that Kiev's forces had destroyed part of one of its military convoys.

Moscow said it was a "fantasy" that its armoured vehicles entered Ukraine, and the White House said it was not able to confirm that Russian vehicles had been attacked on Ukrainian trerritory.

The conflict in eastern Ukraine has returned to its familiar pattern of recent weeks as Kiev said military equipment was crossing the border from Russia, and pro-Russian rebels said they had attacked Ukrainian troops.

Reuters reported that the sound of explosions was audible in the city centre of Donetsk is eastern Ukraine.

The UN said this week that an estimated 2,086 people had died in the Ukraine conflict, with nearly 5,000 wounded.

A pro-Russian internet news service said on Saturday that separatist fighters had killed 30 members of a Ukrainian government battalion in fighting in Luhansk province, a rebel-held area of eastern Ukraine adjacent to the Russian border.
News
But a Ukrainian defence ministry spokesman denied the rebels' claims, saying three Ukrainian servicemen had been killed over the previous 24 hours, and denied Kiev's forces were firing artillery on Donetsk.

Shifting momentum

Ukrainian security forces said they had spotted Russian drones and a helicopter crossing illegally into Ukraine's airspace, Lysenko told reporters.

He gave no further details on the incident on Friday in which Kiev said it attacked armoured vehicles that arrived from Russia, and Ukraine has not made clear if the vehicles were manned by Russian soldiers or separatist irregulars.

Ukrainian forces appear to have the momentum in the ground conflict, having pushed the separatists out of large swathes territory and almost encircling them in Donetsk and Luhansk. Kiev says it now controls the road linking the two cities.

Russia says the Ukrainian offensive is causing a humanitarian catastrophe for the civilian population in the two cities, and accuses Kiev's forces of indiscriminately using heavy weapons in residential areas, an allegation Ukraine denies.

In the past seven days, three of the most senior rebel leaders have been removed from their posts, indicating mounting disagreement over how to turn the tide of the fighting back in their favour.

Gaza town Beit Hanoun sweeps rubble, tries to return to daily life

Palestinians look out the window of their damaged house during a 72-hour truce in Beit Hanoun town in the northern Gaza Strip August 12, 2014. REUTERS/Suhaib SalemPalestinians look out the window of their damaged house during a 72-hour truce in Beit Hanoun town in the northern Gaza Strip August 12, 2014.
BY SYLVIA WESTALL-GAZA Sun Aug 17, 2014
Reuters(Reuters) - It was not the wedding party venue Riyad Fayad had planned for his daughter Heba, but with his Gaza home damaged and neighbourhood in rubble, a shelter seemed like the only option.
The United Nations refugee centre in a Gaza City school has become a temporary home for thousands of Palestinians displaced by the month-long war with Israel, many of them from Fayad's town of Beit Hanoun in the north.
They sleep on mattresses on classroom floors in the large school house, where lines of washing hang from the windows. Those without a room have made shelters in the playground from wooden desks and blankets.
The 47-year-old father of the bride said he wanted to give his community something to celebrate and picked the school as the venue for Heba's henna party, a pre-wedding ritual in which female guests decorate their hands with the temporary dye.
"Despite the bombing of our houses and the destruction, we are looking forward, to life," Riyad said in the playground while waiting for his daughter to arrive.
Minutes later, children from the camp whooped and sprinted to the school gates. Heba, enveloped in a long black abaya robe and full face veil, arrived for her party in a U.N. car, greeted by the crowd like a movie star.
People from the family's hometown of Beit Hanoun, on the border with Israel, are trying to put their lives back together after a war which has killed nearly 2,000 across the Gaza Strip.
Those who can return to neighbourhoods with patchy electricity, sweeping aside the rubble. Others like the Fayads are trying to make refugee centres a home from home, sleeping there and travelling back and forth to the town for belongings.
According to the United Nations, at least 425,000 displaced people in the Gaza Strip are in emergency shelters or staying with host families. Nearly 12,000 homes have been destroyed or severely damaged by Israeli attacks.
In Beit Hanoun, where 91 people were killed during the conflict, around 70 percent of homes are uninhabitable, the head of the town's municipal council Mohammad Nazeq al-Kafarna said.
The town was the site of "moderate resistance", he said, "but the Israeli reaction was out of proportion." The council estimates the damage to municipal buildings alone at $500,000.
Israel says militants used Beit Hanoun, a town with population of 30,000, and other residential areas in the Gaza Strip as launching sites for cross-border rocket attacks.
Israel says 64 of its soldiers and three civilians were killed in the war which erupted on July 8 after a surge in rockets fired towards its cities from Gaza.
A new, five-day ceasefire is due to expire late on Monday, with talks in Cairo on ending the war still inconclusive.
BREAD AND WATER
Severed electricity cables lie in Beit Hanoun's main streets. Every other building has parts blown off or is pock-marked with bullet holes, while in the most damaged areas, whole rows of buildings have been deleted from the skyline.
All of the town's seven wells were damaged during the fighting. Four are now working again and are being supplemented with water tanks supplied by aid groups.
The municipal council now wants to survey the damage and finish clearing the streets from rubble so that there is access to all parts of town. In the last conflict in 2012, only around 150 homes were destroyed on the town's outskirts.
Some traders are slowly returning to Beit Hanoun, where around three-quarters of people are labourers or craftsmen.
Baker Jihad al-Za'aneen has been back at work at Beit Hanoun's only bakery for one day. He is running at half production because fuelling the newly-repaired generator for a full day is too expensive. In any case, his sales are not currently covering his costs.
"Before now there were no ingredients and now my production is negative," he said.
Across the road, Khalil al-Zaini, a 25-year-old unemployed graduate, has spent his first night back home, sleeping on the ground floor of his extended family's four-storey house.
Part of the building has been destroyed and they have no electricity, running water or roof, but the family wanted to come home.
"We are peaceful people, we don't work with the resistance," Zaini said
Most of his family of 16 has returned and spent the night on thin mattresses on the ground floor, avoiding the upper levels which are covered in concrete rubble and twisted metal.
Zaini says he is not sure how he will be able to reconstruct his apartment, which he originally paid for after the family sold some of his wife's gold. They have no savings left. "If I get compensation, maybe, but without it, it is not possible."
(Editing by Jeffrey Heller and Raissa Kasolowsky)

Australia: Anti-war activists raid Israeli drone factory

By  Aug 15, 2014
Asian CorrespondentAnti-war activists stormed a factory in Port Melbourne this morning  to protest against the Australian government’s support for Israeli’s war in Gaza. They raided the manufacturing compound which, they said, supplies arms and drones for Israel.
Named the Melbourne Palestine Action Coalition (MPAC), it consists of activists from Whistleblowers Australian Citizens Alliance (WACA)  and renegade activists. The protesters occupied the roof of Elbit Systems and blockaded the front gate.
WAKA’s Spokesperson Sam Castro said, “We are here today to call on the Australian Government to end military trade deals with Israel and cancel all domestic contracts with Elbit Systems.”
Anti-war activists occupy the rooftop of Elbit Systems (Photo: WACA)
The activists blasted Elbit Systems as one of the world’s leading manufacturers of unmanned aerial drones used by the Israel Defense Forces (IDF) in their ongoing offensive in Gaza.  It accused the company to have “profited over the month-long attack with their share prices rising by 6.1% in July.”
Elbit is  Israel’s largest military company which sells its drones around the world as ‘field tested’.  According to the group, they have been tested on the Palestinian population under Israel’s illegal military occupation. Elbit provides services and technology to the Israeli army including surveillance equipment and drones.
There is evidence documented by various human rights groups, that drones are used to kill innocent civilians in Gaza. Al Mezan Centre, a Palestinian human rights organization, attributes the killing of more than 1,000 Palestinian in Gaza between 2000-2010 by drones, the group claims.
MPAC also accused the Australian Federal Police of spending $145 million for a computer policing system supplied by Elbit Australia after being tried and tested in the Palestinian Occupied Territories in 2010.
With front gate locked up, the activists scaled the wall of the company, then dropped a nine meter banner, reading ‘Elbit Drones Kill Kids In Gaza #BDS’ – a replication of the Israeli Government’s apartheid wall.
They said Israel’s ability to launch devastating attacks with impunity largely stems from the vast international military cooperation and trade that it maintains with complicit governments across the world.
The group said it is shocking to know the fact that Melbourne is one of the most livable cities in the world, yet there is a company making drones near the city. Drones that kill women and children are manufactured in the leafy suburb of Port Melbourne, they said.
 By importing and exporting arms to Israel and facilitating the development of Israeli military technology, governments are effectively sending a clear message of approval for Israel’s military aggression, including its war crimes and possible crimes against humanity.
The WAKA Spokesperson Sam Castro further said, “This is just the beginning of a global campaign to stop the war profiteering of private corporations off the people of Palestine and others around the world.”

Smart Tactical Advanced Racket is one of the featured products of Elbit Systems
Israel’s military technology is marketed as “field-tested” and exported across the world. Military trade and joint military-related research relations with Israel embolden Israeli impunity in committing grave violations of international law and facilitate the entrenchment of Israel’s system of occupation, colonization and systematic denial of Palestinian rights.
Ms Castro concluded, “We, like many other groups around the world, call on the UN and all governments to take immediate steps to implement a comprehensive and legally binding military embargo on Israel, similar to that imposed on South Africa during apartheid.”

Kurdish forces take parts of Mosul dam from Isis fighters

General reports success and ongoing fighting in offensive launched after US air strikes near critical Iraqi dam
Iraqi Kurdish peshmerga fighter monitors area near Mosul dam as US warplanes launch a bid to recapture Iraq's largest dam from Islamic State jihadists. Photograph: Ahmad Al-Rubaye/AFP/Getty Images
Iraqi Kurdish peshmerga fighter monitors area near Mosul dam
The Guardian homeAgencies in Dohuk and Baghdad
Sunday 17 August 2014
An Iraqi security official said on Sunday Kurdish forces have taken over parts of the country's largest dam, which was captured by the Islamic State (Isis) extremist group earlier this month.
General Tawfik Desty told the Associated Press that peshmerga forcesbacked by Iraqi and US warplanes started the operation to retake Mosul Dam early on Sunday.
Desty, a commander with the Kurdish forces at the dam, which was seized on 7 August, said they now control the eastern part of the dam and that fighting is still underway.
The US launched airstrikes against Isis fighters more than a week ago, in a bid to halt its advance across the north. The extremists control vast swaths of Iraq and neighboring Syria.
Kurdish forces supported by American warplanes have mounted an offensive to retake Iraq's largest dam, a formidable hydroelectric complex critical to both power supplies and irrigation in the region, from jihadi fighters, as reports emerged of another grisly episode of mass slaughter perpetrated by the extremists in a village in northern Iraq.
US central command said on Saturday that fighter jets and drones had destroyed or damaged four armoured personnel carriers, seven armed vehicles, two Humvees and an armoured vehicle.
The US engagement is aimed at helping the Kurds turn the tide against the Isis extremists who have swarmed through parts of northern Iraq from bases in Syria, seizing towns and cities and slaughtering opponents indiscriminately.
Villagers said Isis militants drove into a settlement on Friday, rounded up men and teenage boys, lined them up and shot them. The reports came from several men who survived the massacre in Kocho. Senior Kurdish official Hoshyar Zebari said that jihadists "took their revenge on its inhabitants, who happened to be mostly Yazidis who did not flee their homes".
Fear of an impending genocide against members of Iraq's Yazidi minority, whose faith is anathema to the Sunni Muslim extremists, was one reason Washington cited for air strikes it began on 8 August.
Human rights groups and residents say Isis fighters have demanded that members of religious minorities in Iraq's Nineveh province, where Kocho is located, either convert or leave, unleashing violent reprisals on any who refused.
Mohsen Tawwal, a Yazidi fighter, said he saw a large number of bodies in Kocho on Friday.
"We made it into a part of Kocho village, where residents were under siege, but we were too late," he told Agence France-Presse by telephone. "There were corpses everywhere. We only managed to get two people out alive. The rest had all been killed."
The German foreign minister, Frank-Walter Steinmeier, arrived in Iraq on Saturday to meet officials and assess what help is needed.

A Medicare scam that just kept rolling

PhotoThe government has paid billions to buy power wheelchairs. It has no idea how many of the claims are bogus.

August 16, 2014
LOS ANGELES — In the little office where they ran the scam, a cellphone would ring on Sonia Bonilla’s desk. That was the sound of good news: Somebody had found them a patient.
When Bonilla answered the phone, one of the scam’s professional “patient recruiters” would read off the personal data of a senior citizen. Name. DOB. Medicare ID number. Bonilla would hang up and call Medicare, the enormous federal health-insurance program for those over 65.
She asked a single question: Had the government ever bought this patient a power wheelchair?
No? Then the scam was off and running.
“If they did not have one, they would be taken to the doctor, so the doctor could prescribe a chair for them,” Bonilla recalled. On a log sheet, Bonilla would make a note that the recruiter was owed an $800 finder’s fee. “They were paid for each chair.”
This summer, in a Los Angeles courtroom, Bonilla described the workings of a peculiar fraud scheme that — starting in the mid-1990s — became one of the great success stories in American crime.
The sucker in this scheme was the U.S. government. That wasn’t the peculiar part.

Full Story>>>>

Saturday, August 16, 2014

Details of land grabbing by Military in Mullaitivu

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Sri Lanka Brief15/08/2014 
Northern Provincial Council member Ravikaran said Tamils in Mullaitivu have lost their livelihoods without access to their land, which remains under Sri Lankan military control.
Uthayan reports that Ravikaran stated the people of Mullaitivu have faced continuous difficulties in temporary settlements, despite Sri Lankan government claims that they were resettled 4 years ago. Without the release of their land for farming and plantations, the locals have lost their livelihood he added.
Speaking at a regional coordination meeting at the Karaithuraipatru regional secretariat office last month, Ravikaran went on to say that over 1000 acres of land had been seized by the military.
See the list of Sri Lankan military land grabs that Ravikaran detailed in the meeting below.
- 94 acres of land belonging 39 families in Aandaankulam.
- 26 acres of land belonging to 4 families in Thirukonampatti
- 5 acres of land belonging to 1 family in Vannisiyaar
- 18 acres of land belonging to 3 families in Vinnankam field.
- 124 acres of land belonging to 17 families in Aththangadavai
- 48 acres of land belonging to 9 families in Maruthadikulam field.
- 74 acres of land belonging to 14 families in Aalakulam.
- 143 acres of land belonging to 26 families in Saamipilakkandal
- 71 acres of land belonging to 8 families in Eerakkolunthan
- 48 acres of land belonging to 7 families in Padalaikallu village.
- 48 acres of land belonging to 24 families in Niththakai kulam
- 276 acres of land belonging to 125 families in Puliyamunai
- 163 acres of land belonging to 36 families in Neeravi
- 15 acres of land in Ulaaththuveli
- 20 acres of land in Neeravi field
- 10 acres of land in Vadduvan.
[Original caption: Livelihoods lost while military has land says NPC member]

Neutralizing The Conflict Between The Buddhist Extremists And Muslims


Colombo Telegraph
By Ayathuray Rajasingam -August 16, 2014 |
Ayathuray Rajasingam
Ayathuray Rajasingam
The conflict with the Muslims throughout Western democratic countries including some Asian countries has taken a new dimension due to the impact of Wahabbism with the creation of ‘no-go zones’. While the short-sighted policies of the Sri Lankan politicians laid the foundation for Sri Lanka to march towards a religious-centred State, the rise of Muslim fundamentalism made it a complex issue after experiencing the intolerance of Tamil militants. Meanwhile India which was aware of the new developments of the Muslim fundamentalism eventually stepped into Sri Lanka with the signing of the Indo-Sri Lanka Peace Accord. The consequences of razing Kathankudy by the IPKF saw the rise of Muslim fundamentalism with the formation of the Sri Lanka Muslim Congress.  
BBS MuslimConflicts have arisen between faiths in countries practising pluralism and Religious-centred countries after the 2nd World War. In religious-centred countries, the rights of the minority religious community will be a questionable issue. However the recent establishment of the so-called ‘no-go zone’ carried out by a specific religious group have become a challenge to democracy in countries where pluralism is practised. Conflict do arise when a specific religious organization is criticized and amounts to hate propaganda. But there is justification when allegations are found to be true and made in good faith in the best interests of avoiding the threat that are likely to cause damage to the sovereignty of a country.
While the UN ensured the rights of the minorities, Europe also saw the formation of a European Union by which democracy was strengthened with the enshrinement of Human Rights. However, Asia confronted the problems of the emergence of Islamic political movements in the Middle-East countries, Pakistan and Bangladesh, the impact of which had affected the democratic countries in Asia, Europe and America. Such Islamic political movements gave birth to the Religious-centred State like in Iran and eventually culminated as Theocracy against Democracy.                       Read More

A Tale Of Two Terms


| by Maduranga Rathnayake
(August 16, 2014, Melbourne, Sri Lanka Guardian ) Can the present President of Sri Lanka be elected for a third term? The pre-18th Amendment (to the Constitution) position was that “No person who has been twice elected to the office of President by the People shall be qualified thereafter to be elected to such office by the People” (Article 31(2)). The 18th Amendment repealed that Article.
The general rule is that unless it is expressly stated to be of retrospective effect legislation takes effect from the date of enactment (or any future appointed date). Therefore, the repeal of the said Article came into effect from the date of enactment of the 18th Amendment. What would be the present President’s legal status if he wished to contest the next presidential election? Some have argued due to a confusion of several important dates that as the present President was sworn in the office President for a second term before the 18th Amendment was enacted (which is a factually wrong assumption) the bar in Article 31(2) before its repeal applied to him, thus disqualifying him from being a presidential candidate for a third term. Let us suppose for a moment that in fact the present President took his oath for his second term prior to the said Article was repealed; then it would be an interesting issue to examine, also whether a former president who had been elected twice to the office could contest at the next presidential election.
The wording of former Article 31(2) [the Article] has no reference to a person taking of the oath or assumption of or having functioned in the office of President; it refers only to election in that to a “…person who has been twice elected to the office of President…”

What is the significance of the oath? A candidate once declared (by the election commissioner) as the person elected, if the Article is read plainly, then that person stands elected to the office of President for the purpose of the Article. Thereafter, “the person elected or succeeding to the office of President shall assume office upon taking… the oath…” (Article 32(1)). It appears that it is a pre-condition for the person so elected to take the oath in order to assume the office of President. What if the person elected fails (for some reason or another) to take the oath? Then he could not have assumed the office of President (which will warrant a fresh election though), but he certainly would be a person who was elected to the office. If the said hypothesis was extended to a candidate who was already sitting as President, then for the purpose of the Article he would be a “person who has been twice elected” irrespective of whether he took the oath and assumed the office for a second term or not, and under the Article he would be disqualified to be elected to the office of President for a third term at a later time. In other words a sitting President being elected yet not taking the oath and consequently not assuming office for a second term does not make any difference in so far as his disqualification to be elected for a third term by virtue of the Article.

What would then be the legal consequence if the Article was repealed before or after the present President was elected for a second term or took the oath and assumed office for a second term? What parliament has done in the 18th Amendment (by repealing the Article), like in any of its enactments, was to declare the legal status of, inter alia, a President’s (including an incumbent President) eligibility to be elected to the office of President for any number of terms if he so wishes. When the Article was repealed it forthwith (irrespective of at what point of time of the present President’s term of office it was repealed) placed the present President within the ambit of the new legal position. It is because of a very important principle, that is, the franchise. The right to contest at an election is part of the franchise which under the Constitution is part of sovereignty of the people and for that very reason the present President could not have been eternally bound by the pre-18th Amendment legal position. Let us by way of an illustration suppose a law mandated a punishment of 2 years for an offence and subsequently by an amendment to the law the punishment was changed to 4 years. What if the law was so changed while a person charged of committing the offence had his trial pending? He should continue to be tried under the old law. By contrast, the changes to a law directly impacting on the franchise should be recognised as an exception to the above illustration. The franchise as much as it is inalienable it has no real past or future, it exists in the present.

When at the point of time the present President ends his second term the Constitution contains no provision that prevents him from seeking to be elected for a third term, and similarly a former President should have no legal impediment to be contesting at the next presidential election either (However, it must be observed that the removal of the two-term ceiling on a President’s term of office is a constitutional disaster).