Sri Lanka Falls to the Abyss of Despotic Dictatorship Thanks to Over Reliance on Article 122(1)

Day-Light Robbery By Ranil and Maithree

The manner in which the Chief Justice was removed resembles Pakistan under General Zia-Ul-Haq or Pervez Musharraf. Mohan Peiris was not removed from his post by legal means. The threats he faced while serving as the Chief Justice until his removal were not seen in this country’s history. The parliament was not consulted on his removal and the proper procedure was not followed. It was totally dictatorial for the president to remove the Chief Justice illegally, appoint the former Chief Justice Shirani Bandaranayaka, get her to resign and appoint another in her place. This is a despotic gimmick. Mahinda, although wrong in removing Shirani Bandaranayaka, followed the proper procedure and the parliament actioned it.

However, there is a more sinister plan behind the appointment of the new Chief Justice – Article 122(1) of the Constitution which essentially turns the nation into a dictatorship overnight by the collusion of th e President, the Cabinet and the Chief Justice (along with the Supreme Court), bypassing the people and the parliament.

Given the gimmick played to remove the Chief Justice, the other Supreme Court judges are fearful of similar action by the government. Under undue pressure, they cannot function independently which is what the dictatorial regime is hoping.

 Somoza of Sri Lanka

If Mahinda’s rule was dictatorial as the JVP claimed, Sri Lanka has fallen from one despotic and dictatorial regime to another; a worse one. President Sirisena who promised good governance has already shown he will go on record as the most despotic and dictatorial president ever. Strangely democracy champions of the West and their NGOs are silent on this slide to total dictatorship.

Nicaraguan dictator Anastasio Somoza Debayle committed horrendous crimes and was more than a tin pot dictator. His despotic regime shut democracy out at the doorstep of USA. But his action helped USA advance its geopolitical interests in a region set to stay neutral between the US and the EU. The US President at that time hailed dictator Somoza saying “he may be a bastard, but he’s our bastard!” USA has found another; this time in Sri Lanka, the epicentre of the new great game of the Indian Ocean.

 Article 122(1) of the Constitution

Sirisena’s government doesn’t have the required two thirds in parliament to make constitutional amendments and other laws inconsistent with the Constitution. Therefore, their 100-day-program ends up a sham. To overcome this, the regime has decided to rely on Article 122(1) of the Constitution.

In summary, Article 122(1) gives the President and his Cabinet of Ministers the power to enact laws bypassing the people and the parliament. Similar things happen in Burma and North Korea and what used to happen in Libya and other dictatorships. If the President, the Cabinet he appointed and the Chief Justice he appointed can make laws and change Constitutions, where is democracy?

Article 122(1) states, “In the case of a Bill which is, in the view of the Cabinet of Ministers, urgent in the national interest, and bears an endorsement to that effect under the hand of the Secretary to the Cabinet,

(a) the provisions of Article 78(1) and of Article 121, shall subject to the provisions of paragraph (2) of this Article, have no application;

(b) the President shall by a written reference addressed to the Chief Justice, require the special determination of the Supreme Court as to whether the Bill or any provision thereof is inconsistent with the Constitution. A copy of such reference shall at the same time be delivered to the Speaker;

(c) the Supreme Court shall make its determination within twenty-four hours (or such longer period not exceeding three days as the President may specify) of the assembling of the Court and shall communicate its determination only to the President and the Speaker.”

The UNP government headed by President Sirisena will rely on Article 122(1) to push their promised constitutional changes and more dangerously other laws as in their view they are “urgent in the national interest”. So the President will write to the Chief Justice (who was recently appoint by the President himself bypassing all procedures!) asking if the proposed laws are inconsistent with the constitution. The response which will reach only the President and the Speaker will be a “big yes” and as one would expect “would not require a referendum or two thirds of parliament”. And then the bill will be passed by the parliament with a simple majority. Key Opposition members are shut from exercising their right by the witch-hunt currently underway so they are not likely to oppose it. With that it will be easy to get a simple majority and pass the bill.

Any change to the Constitution will be done in this manner detrimental to the people and the nation by shutting out the parliament, the Constitutional guarantees against arbitrary amendments of the Constitution and democracy.

However, there is more. Article 122(1)(a) states the provisions of Article 78(1) does not apply in such a case. Article 78(1) requires that “every Bill shall be published in the Gazette at least seven days before it is placed on the Order Paper of Parliament.”  So by shutting out Article 78(1), people and civil organizations will not be able to know what is going on as publishing in the Gazette is the only official communication of government decisions to the public! The public may act on proposed bills if they harm them. By keeping them in the dark, the despotic regime can do whatever they please.

 Conclusion

People’s confidence in the President, the Cabinet, the Chief Justice and the law of the land has seriously dented after the checkers game played with three Chief Justices. It will further erode when they rely on Article 122 (1) to make laws and change the Constitution in a way detrimental to the people and the nation. Despite Article 3 declaring “In the Republic of Sri Lanka sovereignty is in the People and is inalienable”, it is being alienated to a handpicked few.

All these manoeuvres are to comply with the Singapore Principles of 2013 arrived at in Singapore by the participation of many powerful members of this government. They include removing the supreme place granted to Buddhism in fact but fooling the people with a sham phrase with no operability in a secular state (P10). State institutions will not employ as many Sinhalese and prefer Tamils and Muslims instead (P9). Sri Lanka will be turned into the Balkan of the east (P4 and P3). People must be vigilant and oppose these despotic moves by the Sirisena regime.

1445 Viewers