“The political parties in Parliament must realise how the President is trying to unlawfully exercise the power he does not have to make key appointments under the constitution when this has to be done by the Constitutional Council which can now be appointed. One sees clearly how the President is trying to take the law into his own hands and make appointments of his favourites to key positions when he has no right to do so.”++++++++++++++++++++++++++++
by Maurice Lord
(March 28, Colombo, Sri Lanka Guardian) Now that President Rajapaksa has very clearly indicated that he will not proceed with the appointment of the Constitutional Council, thus depriving the people of their right for this Council, and which is a violation of the Sri Lankan constitution, which the President faithfully promised to uphold, what are the options now open to the people to see that they are not denied their basic rights under the constitution?
One is to have recourse to the law, - It is already being said that it is the Speaker who should nominate the Council, and that he should now be pressurised to do his duty. The Speaker seems to be a little uneasy about the situation, and is perhaps trying to avoid getting involved, preferring perhaps to play safe. If it is clearly laid down that the Speaker has now to appoint the Council, he must be prevailed upon to act quickly. If this is clear cut, then the people, or even the political parties should appeal to the Supreme Court to force the Speaker to appoint the Constitutional Council. If on the other hand it is felt that the President should appoint the Constitutional Council, then he himself should be taken to the Supreme Court seeking the intervention of the Court to see that the Council is appointed without delay. The political parties in parliament should now take it upon themselves of ensuring that the Council is appointed. They must get together irrespective of any differences to defend the rights of the people and ensure that the President is not allowed -to openly violate the constitution.
The political parties in Parliament must realise how the President is trying to unlawfully exercise the power he does not have to make key appointments under the constitution when this has to be done by the Constitutional Council which can now be appointed. One sees clearly how the President is trying to take the law into his own hands and make appointments of his favourites to key positions when he has no right to do so. Even the Appeal Court judges recently had to draw the attention of the President to his reported attempt to bring an outsider as chairman of the Court of Appeal through a new appointment he was seeking to make. More vital appointments are now due to be made to important posts by the President trying to appoint his men in preference to the selection from a wider range of more suitable men to such posts by a Constitutional Council, so that these appointees can carry out the political wishes of the President while denying the people their rights.
The country seems to be facing the havoc created by the President in making unworthy and illegal appointments to vital posts to the stipulated commissions, and the people will no doubt suffer from the President’s favourite men getting appointments to suit his political purposes, against worthier and more suitable people being appointed by the Constitutional Council, which will guarantee the rights of the people. This type of thing would only bring in a very undesirable President’s Rule, in the country, which must be avoided at all costs.
With therefore virtual positive signs emerging that the President is now seeking to impose a kind of President’s Rule in the country it is time, first, for the political parties to rise from their slumber and relentlessly pursue the course or courses available to resist the President in what, he is now trying to impose on the country. The Opposition must today realise that there is an immediate danger to the people of this country in that they are today being threatened with the deprivation of their democratic rights, by the kind of dictatorship which seems to be fast emerging with no political resistance whatsoever. They must build up the required resistance to it before it is too late.
Political parties should also encourage the people to protest at the attempts now being resorted to by the President to deprive them of their basic rights, and even bring about a people's protest at a mass rally in Colombo against the President and his government and force them to abandon their attempt to impose a dictatorship in the country.
This is the time for all to rally together and build up a strong resistance to what the President is now doing and to make him realise that the people of this country will certainly not permit him to act in total violation of the constitution and deprive the people of their basic rights. It is time to build up a greater defence of the rights of our people and our country and to preserve democracy in Sri Lanka.
- Sri Lanka Guardian
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