Sunday Times (Sri Lanka)

Far beyond the law

-

Me Lords,

We do not usually write, but we thought we must because everyone is petitionin­g about this Amendment that Gota maama has proposed to the Constituti­on. The last time we wrote was some two years ago, when Cheerio Sirisena tried to stage that ill-conceived constituti­onal coup of his.

At that time, he was rapped on the knuckles, ruling that what he was doing was wrong and unconstitu­tional. Then, he had to abandon his plans of installing Mahinda maama as PM. Now, Mahinda maama is back as PM but it is cheerio for Sirisena, left without even a Cabinet portfolio.

What has been brought before you is nothing like the crisis two years ago, but, it has similar far reaching consequenc­es. It seems as if, 42 years after JR enacted his Constituti­on and most of those who followed him promised to scrap his office, GR is trying to become JR.

It is true that those who promised to abolish this all-powerful office five years ago made an absolute mess of it - and in the process messed up the country too. However, they did bring the 19th Amendment which prevented an individual running a ‘ one man show’, though Sirisena tried to do so.

Some aspects of the 19th Amendment were brought not with the best of intentions, but targeting certain individual­s, to prevent them running for office. That is why, Gota maama and his followers say, it should be replaced by the 20th Amendment - and Gota maama is an honourable man.

I do agree that these aspects of the 19th Amendment were brought not with the best of intentions but isn’t that what we are doing all over again? Aren’t we introducin­g changes just so that it will benefit the same individual­s who were barred because of the 19th Amendment? Do two wrongs make a right?

There are some reasons which simply don’t add up in this 20th Amendment. Gota maama tells us that he wants to introduce a brand new Constituti­on. He has already appointed a committee for that, so we have no reason to doubt him because Gota maama is an honourable man.

If that new Constituti­on is already in the making, why is there such an indecent hur ry to rush through these changes? These changes can be debated, discussed and incorporat­ed in to the new Constituti­on, can they not? Surely, we don’t want the new Constituti­on too to be amended every fortnight?

Then, Gota maama tells us that he wants this Amendment introduced because there shouldn’t be two leaders, the President and the PM, pulling in two different directions as happened with the Green Man and Sirisena. Now, we have no reason to doubt him, because Gota maama is an h o n o u r abl e man.

The PM now is Mahinda maama. There is always Chamal maama and even Namal baby to turn to in an emergency. Surely Gota maama is not suggesting that they will be pulling in a different direction because whatever their difference­s, the ‘ R’ family, unlike the ‘B’ family, has always been united.

What is also concerning is that the 20th Amendment concentrat­es the power of appointing every Tom, Dick and Harry holding even a remotely important position in the government in one individual. That individual happens to be Gota maama at present - and we know that he is an honourable man.

All those independen­t commission­s will be a thing of the past. We witnessed what happened, Her Ladyship, when she gave a judgment that wasn’t to someone’s liking. Do we really want to return to that era?

Please don’t misunderst­and me. We are fully aware that Gota maama has, in fact, got more than the mandate he asked for to make some changes. Just the other day, he said it loud and clear: his orders are to be treated as a ‘circular’. So, his word is the law - and he is an honourable man.

When Sirisena attempted his constituti­onal coup, he was challenged in court because the Constituti­on allowed it then. With the 20th Amendment, that right is taken away. So, are we to assume then that whatever Gota maama does, he should not be challenged because he is an honourable man?

Just as much as the future of democracy in Paradise was hanging by a thread during Sirisena’s attempted coup two years ago, it is again hanging by an even finer thread now.

It was unanimousl­y decided that the ‘ coup’ was wrong. That does give us hope that justice will prevail. Yours truly,

Punchi Putha

PS: I am no expert about the issues being argued, but I do have one question: If one invests one individual with all the powers of the 20th Amendment what will happen if, leaving Gota maama aside, Sirisena or even someone like him, God forbid, gets the job? I rest my case.

Newspapers in English

Newspapers from Sri Lanka