Supremacy Of The Privileged Or Supremacy Of The People? 

By Shyamon Jayasinghe –DECEMBER 2, 2018

Shyamon Jayasinghe

“He appointed a fake cabinet and fake cabinet meetings are being held taking fake decisions that had the everpresent danger of being challenged by a citizen.”

Sri Lanka’s Long Tradition of Democracy

The supremacy of the people stands as the corner stone of any democracy. The idea behind democracy as a concept in governance is that people ultimately decide the way they are governed. Democracy is a clear repudiation of the opposite concept where one man or a close elite of privileged persons take the decisions. True, a democracy can deteriorate into some sort of elite control after elections and this is not uncommon. On the other hand, the system allows for the people who, by revolt or otherwise, can bring such dysfunction under control. Bad governments are unseated at election time and the Opposition and media have the freedom to expose all erratic and corrupt rulers. Speaking in basic terms, Sri Lanka has enjoyed these freedoms for over 80 years since the Donoughmore constitution was introduced to the then island colony. Alas! on that dreadful Friday of the 26th October this great tradition (longest for any Asian country) was delivered a blow of huge proportion.

The challenge to peoples’ supremacy came from none other than the highest in the land. None other than President Gamaralalage Maithripala Sirisena who, as common candidate of democratic forces, ushered in an era of promise that the rule of law and law and order will replace a lawless President and government. The promise of yahapalanaya was a just social order derived from law and order and accountability to the people.

On that tragic day, President Sirisena, abrogated the constitution and began acting like a dictator. It was obvious he knew he was violating the constitution; he had the facility under secion 129 to consult the Supreme court if the action he was contemplating was acceptable in terms of the constitution. He did have recourse to that  on a previous occasion when he wanted to be clear if he could have his term extended. This time, the President deliberately avoided that clarification because he had something sinister planned. He sacked the Prime Minister, Ranil Wickremesinghe, which he had no authority to do. He appointed his former rival, Mahinda Rajapakse who the people had rebuffed in 2015. That was bad in law, again, and it also carried the evident risk of him being publicly shamed. Here was a total reversal of the mandate given by the people in 2015.From then on, the President went on a a serial breach of the constitution-one by one- thus leaving us all puzzled as to the end of this  algorithm. He suspended the constitution. He dissolved Parliament. These acts were illegal. He appointed a fake cabinet and fake cabinet meetings were held  presided by Sirisena, taking fake decisions that has the everpresent danger of being challenged by a citizen. For instance, the tax reductions and the agreement with China can be challenged. For six times  in a row Parliament made it abundantly clear that the fake government does not command any any parliamentary support. The speaker announced that  he cannot recognize as legal the new PM or his cabinet. Yet, it was not the President who listened. 

Mahinda is Equally Guilty

It is clear that President Sirisena cannot do all this alone by himself. He acts in conjunction and support from former President, Mahinda Rajapakse. Mahinda and his crooked men are equally accused of crime against the constitution. Not a single so-called Minister can be absolved from this responsibility. They are all guilty of a dastardly illegal and indecent act against the people. If Sri Lanka survives this crisis, retribution will come their way.

Mahinda  Rajapakse did have quite an electorally-wide attraction. This acquired -charisma was a result of the common perception that he had real character, which he employed to drown the LTTE in Nandikadal. That social capital he has destroyed by now. He who wore the face of a courageous lion is now looking rodent-given to winning by cheating.

Read More