Conceivable Flaws & Drawbacks in
The Interim Report of the Steering Committee
Kanthar Balanathan, Australia
While being silent on the interim report of the steering committee, as a mark of respect the author gives to the members of the committee, it is a time dilated event, and request people of SL come forward to make comments, so that repeated slipups and bungles does not happen in the life of the republic called, SriLanka.
First of all, in the 40s, the UNP was formed. Ie United National Party. එක්සත් ජාතික පක්ෂය. The meaning of race is ජාතියයි. Nation is ජාතිය. National is ජාතික. Nation is built into the words. So, who is uniting with who? Does the party reflect that there are many nations united? Possible fundamental flaw in naming the party. While SWRDB named his party as SLFP. SriLanka Freedom Party. The concept of one nation, one country, is built into the party’s name, SLFP.
SL’s constitution is like cheap third world edition, repeatedly drafted, amended many times. What is the possible cause?
SL is driven now to draft another constitution. Is the interim report drafted by ROBOTS, who are being programmed by some superpower? Are these members patriots of the “one nation”, SriLankan Nationals?
It is driving readers to presume that the report is drafted in a frenzy to satisfy some power. With due respect to the committee members and readers, some questions the author wants to raise.
[Quotation from the interim report:
The President whilst speaking on the Resolution to set up the Constitutional Assembly stated that whilst people in the south were fearful of the word “federal”, people in the north were fearful of the word “unitary.” A constitution is not a document that people should fear.
The classical definition of the English term “unitary state” has undergone change. In the United Kingdom, it is now possible to Northern Ireland and Scotland to move away from the union. Therefore, the English term “Unitary State” will not be appropriate for Sri Lanka.
The Sinhala term “aekiya raajyaya” best describes an undivided and indivisible country. The Tamil language equivalent of this is “orumiththa Nadu”.
In these circumstances, the following formulation may be considered:
Sri Lanka (Ceylon) is a free, sovereign and independent Republic which is an aekiya rajyaya / orumiththa Nadu, consisting of the institutions of the Centre and of the Provinces which shall exercise power as laid down in the Constitution.
In this Article aekiya rajyaya / orumiththa Nadu means a State which is undivided and indivisible, and in which the power to amend the Constitution, or to repeal and replace the Constitution, shall remain with the Parliament and the People of Sri Lanka as provided in this Constitution]
If we observe, in one place, aekiya raajyaya, is placed in the report, and below, aekiya rajyaya is placed, which is misspelled. Hope in an international court of law this is adequate to be thrown out.
The word Orumiththa Nadu is not the Tamil equivalent of aekiya rajyaya. It could be construed as එක්සත් රටක්, which is “United Country” and NOT “Unitary State”. The question is, which country is uniting with which another country? Does this direct to Tamil politician’s Two Nation theory. The Sinhale politicians are giving the Two Nation theory accepted in a golden tray.
Even the Unitary State is not acceptable as the United Kingdom was a United State consisting of Scotland, Ireland, England, and Wales. Scotland went for a referendum and was defeated. What is the guarantee that the North and East will not go for an irresistible, inevitable referendum? Therefore, the definitions should be redefined and come up with the correct words.
[Article.154A (3)] should be readdressed.
The existing provisions of the Constitution [Article.154A (3)] relating to the possibility of two or more Provinces forming a single unit, should be retained, with the additional requirement that a referendum of the people of each of the Provinces concerned should also be required.
The Constitution should not provide for the merger.
The Constitution recognized the Northern and Eastern Provinces as a single Province.
The above are contradicting.
“No Provincial Council or other authority may declare any part of the territory of Sri Lanka to be a separate State or advocate or take steps towards the secession of any Province or part thereof, from Sri Lanka.”
The report does not suggest that any Province shall not make any effort to go for a referendum for secession like Catalonia.
The report does not state or identify that the Provincial Councils are not a government, but has been created to perform administrative function. The Chief Minister is not the Chief Executive of the Province.
The words and meaning as follows:
unitary government ஒற்றை அரசாங்கம்
unitary state ஒற்றுமை நிலை/நாடு
One nation ஒரு நாடு
Single government ஒற்றை அரசாங்கம்
One country ஒரு நாடு
Well, the interim report clearly indicates that the job has been done under direction and not by patriots. It is good not to act like robots when it comes to patriotism and National minded living. The Tamil Diaspora should not have any inputs to this report, as this is purely a patriotic effort to maintain the sovereignty and democracy through a sound constitution.
It will be appropriate if all have some input to this report, that is comments.