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If PM Ranil Wickremasinghe pledged not to divide Sri Lanka so must all MPs including TNA

Posted by On August 23, 2015 0 Comment

Immediately following taking oaths as Prime Minister, Mr. Ranil Wickremasinghe took a second oath reading out Article 157A, Seventh Schedule under the 6th amendment to the Sri Lankan Constitution in 1983. “I, …………………………….. do solemnly declare and affirm swear that I will uphold and defend ‘the Constitution of the Democratic Socialist Republic of Sri Lanka and that I will not, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.” It was in 1983 that the TULF 18 MPs refused to read out these very lines and walked out of Parliament forfeiting their seats. It would be interesting to see what TNA 16 MPs decides to do.

What is contained in the 6th amendment/Article 157A Prohibition against violation of territorial integrity of Sri Lanka – www.priu.gov.lk

  1. No one can directly/indirectly in or outside Sri Lanka support, espouse, promote, finance, encourage or advocate the establishment of a separate state within the territory of Sri Lanka
  2. No political party or association/organization can have as its aims or objectives the establishment of a separate state within the territory of Sri Lanka
  3. Anyone who contravenes paragraph (1) if convicted by Court of Appeal will
    1. May lose civic rights for 7 years
    2. Lose movable and immovable property
    3. Not be entitled to civic rights for 7 years
    4. If a MP cease to be a Member. If a state officer lose that status
  4. A political party/association or organization if having as its aims and objectives the establishment of a separate State within the territory of Sri Lanka any person came appeal to the Supreme Court for a declaration that such political party/association is aiming to establish a separate state. The secretary of that party/association will be a respondent
  5. If Supreme Court makes a declaration under 4. in relation to a political party/association
    1. That party/association will be proscribed including its members. If a MP he will be made to vacate seat in Parliament
    2. All those holding office in these parties/association will be deemed guilty and upon conviction by Court of Appeal be
      1. Subject to civic disability for 7 years
      2. Forfeit movable/immovable property
      3. Not be entitled to civic rights for 7 years
      4. If an MP cease to be a Member and if officer cease to hold office
  6. Punishments imposed under (3) & (5b) shall not be stayed or suspended pending any appeal against such punishment
  7. Every officer (required by Articles 32, 53, 61, 107, 165, 169(12) to take and subscribe oath who serve in local authority, Development Council, Pradeshiya Mandalaya, Gramodaya Mandalaya or public corporation and every attorney at law shall
    1. Take oath as per seventh schedule
    2. Within one month of taking office
  8. a) Every MP shall not be entitled to sit and vote in Parliament unless he takes and subscribes to oath in seventh schedule

    b) Elected or nominated MPs shall not be entitled to sit and vote in Parliament unless he takes oath in seventh schedule.

  9. No person can take any other oath prior to taking oath of seventh schedule
  10. Parliament may pass resolution to determine categories of persons/officers in relation to paragraph (7)
  11. Jurisdiction of Court of Appeal shall apply to Article (5 iv)
  12. “civic rights” is
    1. Right to obtain a passport
    2. Right to sit for any public examination
    3. Right to own any immovable property
  13. Right to engage in any trade/profession which requires a license, registration or other authorization by written law
The TULF headed by Amirthalingam walked out of Parliament refusing to take the oath. Why would they refuse to take an oath that commits them to not directly or indirectly promoting, financing, advocating the establishing of a separate state within the territory of Sri Lanka? Thankfully the words ‘within the territory of Sri Lanka’ nullifies the present promotion of the one nation two state concept for it would be a violation of the 6thamendment. Moreover, a case is pending questioning the aims and objectives of the ITAK constitution where the party is doing their best to wriggle out of confirming that its constitution is federal when it appears to be taking a confederal stand in its aims and objectives.

When the TULF walked out in 1983 forfeiting their 18 seats in Parliament refusing to take this oath pledging not to create separate state within the territory of Sri Lanka, it would be most interesting to see what the TNA with 16 MPs will do when Ranil Wickremasinghe asks all MPs to read out the same oath.

We would very much like to see a live telecast of the TNA MPs reading out the oath in the seventh schedule which Prime Minister Wickremasinghe read out.

Shenali D Waduge



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