Politics
Reconsidering the 13th Amendment
by C.A. Chandraprema
The government has made an official statement to the effect that it’s reconsidering the 19th Amendment but no such official statement has been made with regard to the 13th Amendment. However opposition politicians have expressed the view that the government is trying to use its two thirds majority to do away with the 13th Amendment as well.
The government does not have to take the trouble to do anything to get rid of the 13th Amendment. It has been tied up in knots by the yahapalana political parties including the Tamil National Alliance so effectively that all that the government has to do to get rid of it for good, is to do nothing. If the government is to restore the provincial councils system, they will need a two thirds majority to do away with its predecessor’s 2017 Act which sent the PC system into the limbo that it is in at present.
When the provincial councils system was functioning there was the oft heard complaint that it had not been made fully functional i.e. that the police and land powers of the provincial councils had not been implemented as originally intended. This has been a major bone of contention during the past three decades with the Tamil National Alliance calling for its full implementation and even demanding that the Sri Lankan government should go beyond the 13th Amendment in order to satisfy Tamil aspirations. One thing that we have to realize is that like so many other aspects of the 1978 Constitution, the 13th Amendment is a very badly drafted piece of legislation. When police and land powers were included in the 13th Amendment, they were copied wholesale from the Indian constitution with no consideration for its practicability in Sri Lanka.
Land powers
In India, what has been said in the text of the Constitution in relation to the powers over land of the center and the states has been defined and interpreted by the Supreme Court. In the landmark 1962 case, State Of West Bengal vs Union of India, a majority judgment concluded that the structure of the Indian Union is centralized, with the States occupying a secondary position. Hence the Center possessed the requisite powers to acquire properties belonging to States. The Indian SC observed in this case that even under Constitutions which are truly federal and full sovereignty of the States is recognized, the power to utilize property of the State for Union purposes is not denied. Therefore the power of the Union to legislate in respect of property situated in the States remains unrestricted. This judgment was delivered in 1962. The provincial councils system was introduced in Sri Lanka in 1987. If the text dealing with land powers in the 13th Amendment had been formulated on the lines laid down in State of West Bengal vs Union of India, the Northern Tamil political parties would have had more realistic expectations with regard to powers over land. Instead, the text of the 13th Amendment on land powers followed the text of the Indian Constitution thus making it necessary for Sri Lanka to reinvent the wheel as it were.
In 2013, Sri Lanka finally got its own version of State Of West Bengal vs Union of India which defined the extent of the land powers mentioned in the 13th Amendment. The 2013 case of Solaimuthu Rasu, vs The State Plantations Corporation was heard by a three member bench of the Supreme Court made up of Chief Justice Mohan Pieris, K.Sripavan, and Eva Wanasundera and each judge delivered separate judgments while coming to the same conclusion. Justice Sripavan observed in his judgment that ‘land’ is a Provincial Council subject only to the extent set out in Appendix II (of the 9th schedule of the Constitution). The Constitutional limitations imposed by the legislature shows that in the exercise of its legislative powers, no exclusive power is vested in the Provincial Councils with regard to the subject of ‘land’… a Provincial Council can utilize ‘State Land’ only upon it being made available to it by the Government. It therefore implies that a Provincial Council cannot appropriate to itself without the government making state land available to such Council. Such state land can be made available by the Government only in respect of a Provincial Council subject.
Justice Sripavan explained further that the only power cast upon the Provincial Council is to administer, control and utilize such state land in accordance with the laws passed by Parliament and the statutes made by the Provincial Council… Even after the establishment of Provincial Councils in 1987, state land continued to be vested in the Republic and disposition could be carried out only in accordance with Article 33(d) of the Constitution read with 1:3 of Appendix II to the Ninth Schedule to the Constitution. Despite such Supreme Court interpretations given in India and Sri Lanka, the Tamil lobby in Sri Lanka continues to demand exclusive land powers that even Tamil Nadu does not possess. They may point to the text of the 13th Amendment, but never to the interpretations given to that text in India or even in Sri Lanka. People pretend that they have neither seen nor heard of any interpretation given with regard to land powers and we keep going round and round in circles.
Police powers
When it comes to police powers however, what the 13th Amendment has is what India actually has in practice. The first item on the Provincial Council List of powers is Police and Public order. The extent of these powers are set out in an Appendix to the 13th Amendment according to which the Sri Lanka police force was to be divided into a National Division (including Special Units) and nine Provincial Divisions. The National division would have jurisdiction only over 11 specified areas such as offenses against the State, election offenses, offenses relating to currency, offenses committed against a public officer, a judicial officer, or a Member of Parliament, offenses relating to state property and international crimes etc. Other than such specified offenses, all other day to day police work such as crimes, traffic, drugs, fraud and maintenance of public order etc. were to be carried out by the provincial police forces.
Thus what we were to have under the 13th Amendment were in effect nine different police forces combined with a national police force all crammed into an area the size of one of India’s smaller states. A police system designed for a sub-continent is applied to a country only a little bigger than Himachal Pradesh. Furthermore the creation of separate police forces for each province would have given rise to a Tamil police force in the north, a Muslim and Tamil police force in the east and Sinhala police forces in the rest of the country – a sure recipe for disaster given Sri Lanka’s history of ethnic conflict. No leader in the past three decades since the 13th Amendment was passed has even considered implementing the police powers laid down in the 13th Amendment. Moreover, these police powers have been included in the 13th Amendment in a situation where some of the most important safeguards in the Indian Constitution against separatism have been left out.
The missing safeguards
The Indian President’s veto power over state legislation: Even though some Indian states are much bigger than most nation states in the world, the Indian President can veto any legislation that comes to him from the states. According to Articles 200 and 201 of the Indian Constitution, When a Bill has been passed by the Legislative Assembly of a State it has to be presented to the Governor for assent. The Governor can either give his assent or reserve it for the consideration of the President. The President can either assent to the Bill or withhold assent therefrom and he does not have to give any explanation as to why he withholds assent. He does not have to consult the Supreme Court or any other authority. This veto power is exercised entirely at the discretion of the Indian President.
In terms of Sri Lanka’s 13th Amendment however, every statute made by a Provincial Council has to be presented to the Governor for his assent, and the Governor may either assent to the statute or reserve it for reference by the President to the Supreme Court, for a determination on the constitutionality of the statute. If the Supreme Court determines that the statute is consistent with the provisions of the Constitution, the Governor is mandatorily required to assent to the statute. The Sri Lankan President is thus only a post box through whom the Governor sends the statute to the Supreme Court and receives its opinion! The Sri Lankan Executive President has no discretionary power over statutes passed by the provincial councils even though the supposedly ceremonial Indian President has such powers.
Taking over state legislative power in the national interest: According to Article 249 if the Indian Constitution, if the Council of States (the upper house of Indian parliament – the Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter while the resolution remains in force. Such A resolution shall remain in force for a period not exceeding one year, and so long as a resolution approving the continuance in force of such resolution is passed, it can continue in force for a further period of one year. This takeover of legislative power can continue indefinitely for as long as is required. (It’s important to note that it’s only the upper house of parliament that needs to vote on this matter and that too only with a two thirds majority of Members who may be present on that day, and not a two thirds majority of the whole number of Members of the Rajya Sabha.)
Take over of state legislative power when a state of emergency is in operation: According to Article 250 of the Indian Constitution, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. A law made by Parliament under this provision will lapse six months after the Proclamation of Emergency has ceased to operate.
We have to recognize that what has been dished out to us in the form of the 13th Amendment is something of a much lower order than that which exists in India. For example, under Article 353 of the Indian Constitution, when a Proclamation of Emergency is in operation, the executive power of the Union extends to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised and further, the power of Parliament to make laws includes the power to make laws with regard to matters that are not on the Union list (i.e. items on the State list). However according to Article 154J of the Sri Lankan Constitution introduced by the 13th Amendment which is the equivalent of Article 353 of the Indian Constitution, when a state of emergency is in operation, the President may give directions to any Governor as to the manner in which the executive power exercisable by the Governor is to be exercised; but Parliament will not have the power to legislate on matters coming under the provincial councils list!
Shortchanged at every turn
It’s only with regard to the ‘President’s rule’ provisions that we appear to have got what the Indian Constitution has, but even that is merely an appearance and we have been shortchanged there was well. Article 356 of the Indian Constitution states that if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers exercisable by the Governor and (b) declare that the powers of the Legislature of the State shall be exercisable by the authority of Parliament;
The equivalent provision in the Sri Lankan Constitution which was introduced by the 13th Amendment – Article 154L – states that if the President, on receipt of a report from the Governor of the Province or otherwise, is satisfied that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation – (a) assume to himself all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor and (b) declare that the powers of the Provincial Council shall be exercisable by, or under the authority of Parliament. Thus we see that the President’s rule provisions in the Indian Constitution and Sri Lanka’s 13th Amendment are almost identical. The difference however is that in India, President’s rule can remain in force continuously for a maximum period of three years, but in Sri Lanka President’s rule can remain in force only for a maximum of one year.
What was stated above was just the most obvious instances where Sri Lanka has been shortchanged. Closer scrutiny of the Indian Constitution and the way it operates, will reveal many more instances. If the Sri Lankan President had veto power over all statutes passed by the provincial councils, if the declaration of an emergency automatically gave the Sri Lanka Parliament the power to legislate on any matter coming under the provincial councils list, and if there was a system whereby Parliament could take over the legislative power of any province in the event of perceived danger as stipulated in Article 250 of the Indian Constitution, the entire attitude towards the devolution of power in this country would have been very different. As of now, people in Sri Lanka see devolution as a kind of creeping separatism, and they are right because the demands that we hear most often are for powers that even the Indian states do not possess.
The 13th Amendment was drafted before India got into a confrontation with the LTTE and before Rajiv Gandhi was assassinated. That was a time when some officers of the Indian army even thought that the LTTE would not turn on them because the latter had been trained and given refuge in India. Furthermore, because Sri Lanka was a small country, some would have thought that fewer safeguards would be required here. The Sri Lankan side may have thought that because India was guaranteeing the implementation of the peace accord, nothing can go wrong and they may have thought that a downsized version of India’s President’s rule provisions was all that was needed in terms of constitutional safeguards against separatism.
Both India and Sri Lanka have learnt many new things since then. Even though the provincial councils system is supposed to be based on the Indian system, we don’t have any of the safeguards that India has. To expect police powers to be implemented in such circumstances is unrealistic. In the opinion of this writer, if legislation is to be passed with a two thirds majority in Parliament to revive the provincial councils system, the same legislation should be used to remove all references to police powers from the provincial councils list in the Ninth Schedule of the Constitution for the reasons given above.
Features
The Government’s Term Tests & Results: The Good, the Bad and the Ugly
by Rajan Philips
A newspaper editorial suggested that the NPP government is facing its December term test and that its weaknesses are showing. In fact, there have been quite a few term tests set up by different pundit examiners and they are producing a mixed bag of results. Overall and objectively, if I may say so, the government has done a reasonably good job for the most part; with a few bads, mainly gaffes, including a Prime Ministerial gaffe involving the two ‘Chinas’; and one standout ugly – the pathetic “PhD in Biochemistry and BSc in Chemical Engineering” lies of Asoka Ranwala MP, and his deservedly quick fall from Speakership grace. The focus has been mostly on his PhD boast, but his claim to a degree in Chemical Engineering is itself an instant hoax. And the leap from Chemical Engineering in Moratuwa to Biochemistry in Japan is manifestly ignorant and creatively stupid.
The real tests have been on the government’s many critics including almost all media outlets – all of them outside parliament as there is no worthwhile opposition within parliament, and all of them wanting to rip a feather off the fledgling AKD presidency and NPP government. The Speaker fiasco has been the critics’ biggest reward so far but even they know that Mr. Ranwala’s stupid twin boasts are a damning indictment of the man’s character but not a fatal flaw of the government. There is no excuse for what this quack of an MP did but there is a limit to which the government can take the blame for it.
There is no question that the NPP government is being asked by numerous critics to show either results or its abilities to produce them almost instantly. Quite a rigorous treatment for a new government and so early in its term. A few of the critics have still not been able to come to terms with the reality that Sri Lanka now has a new JVP (NPP) government. Others are in it for the ride, and also because many of them do not have the same cordial access to the inner circles of the present government as they would have had to its (Ranil-Rajapaksa) predecessors.
All that said, the government with so many new MPs and Ministers is still on a long learning curve, and there are miles to go before it has its real ‘term test’ – the next general election, which one would hope will only be a parliamentary election without another presidential election. And miles to go in many directions involving different ministries and new initiatives.
This Sunday, it will be 90 days since the presidential election and 37 days after the parliamentary election. At the year end, President Dissanayake will be completing his first one hundred days in office, while his full government would have been in office for 47 days. So far, it is the President who has been the centre of all actions and attention. If the government is serious about transitioning to a parliamentary democracy, other cabinet ministers must and must be encouraged to step up and take responsibility for their portfolios in a very public manner as it used to be before 1977 and even until 1994.
People’s Pre-occupations
While President AKD’s first hundred days may not have been spectacular, they have been solid. He could be proud of his tone setting inaugural speech to parliament, his leadership in providing continuity on economic matters, the setting up of a compact cabinet, and the deft handling of his first official visit to India, the island’s preponderant neighbour. While these are commendable accomplishments, the people’s preoccupations are about the availability of essential goods and the affordability of their prices. The government has not found its stride on either front.
Rice and coconuts, among other essentials, have become thorny issues both in terms of rising prices and growing shortages. Fuel and electricity costs are added concerns, though there have been reductions in fuel prices. People and even critics are willing to give the new government some slack, but because so much was promised by the NPP during the election campaigns that order and fairness will be restored in the supply and sale of essential goods and services, the general public and critics have been expecting to see at least different approaches to these problems by the new government even if there are no immediate results arising from them.
Rice, Sri Lanka’s perennial political problem, is now the NPP government’s primary problem. There are both shortages and the uncertainty of prices, which will have to be addressed promptly to avoid facing the fury of the people. The usual quick fixes like price control and supplementary imports are creating more confusion than resolution. The paradox of high levels of rice consumption and the relative poverty of the farmers who produce rice is a longstanding structural problem. But if NPP were to be worth its salt it needs to get cracking on some of these structural problems.
The most notorious of them and where immediate action is needed is the stranglehold that of about six large rice millers have on the rice market. They virtually control the upstream purchase of paddy in large quantities, provide for intermediate processing and storage in massive capacities, and similarly control the downstream sale of rice to wholesalers and retailers in the distribution market. In addition, the rice millers who have benefited hugely from bank credit facilities to build up their milling industry have now become the primary lenders for the poor farmers and producers of paddy. They have taken advantage of the lack of regulatory oversight under successive governments and now become out of control monsters.
In their 2022 research paper on Rice Milling Economics and Market Power, WAN Wijesooriya and IV Kuruppu, two Agrarian Researchers, recommend government initiatives for establishing a comprehensive database covering the rice milling industry in the country, and for encouraging the growth of medium scale millers to break the stranglehold of the largest rice mill holdings. If the NPP government wants to succeed where previous governments have not only failed but did not even try, it must make use of the agrarian expertise available in the country and spearhead a systematic approach to break the stranglehold of the large rice millers. Anything less will be fruitless tinkering with a longstanding problem. The government must also encourage its subject Ministers to take the lead on these matters rather than channelling any and all files all the way to the President’s desk.
Indian Visit
I am not sure whether Sri Lanka’s current rice crisis came up for discussion during the President’s otherwise successful official visit to India. I do not recall if the word rice being in any of the reports or statements on the visit. Rice may not be the only missing word. There have been no references to 13A, or its plus or minus. For the first time, according to one wordy observer, the word ‘Tamil’ has been missing in all the public pronouncements of the visit. During his first meeting with a Sri Lankan President (Mahinda Rajapaksa) in 2014, Prime Minister Narendra Modi famously reset the bilateral clock to 13A. Perhaps 13A was a bone of contention when the Rajapaksas were at the helm.
Not anymore, it would seem, with a different President, a new government, its tone and messaging, and most of all the topsy turvy election results in the North and East of Sri Lanka. The NPP government could not have hoped for a better start with India on, for want of a less offensive word to some ears, the ‘Tamil’ file; but it has quite a bit of homework to keep it going the way it has started. The objective should be not to ‘disappear Tamil’ as a bilateral subject, but to accommodate Sri Lanka’s Tamils, Muslims and the Tamils of recent Indian origin as equal citizens in law and fact, in a not too distant post-racial Sri Lanka.
For all the historical ties and the geographical proximity between India and Sri Lanka, the relationship between the two countries in the twenty first century is both seen in and defined by the backdrop of China. President AKD’s visit was seen both as a test and as a signal as to which way he might be leaning considering the fact that his two predecessors have been wildly inclined to one side or the other.
Ranil Wickremesinghe, as former president, has been egging President AKD to go all in with India and follow the vision statement he co-announced with Modi in India without any reference to anyone back home. On the other hand, Mahinda Rajapaksa since becoming President in 2005 tilted Sri Lanka significantly towards China without unduly disturbing India. Which way will the wind be blowing with President AKD, has been the question on the minds of all observers of the little Indian Ocean drama involving Sri Lanka.
To his credit, President AKD flew straight and was sincere and honest in his interactions in New Delhi, and he could be expected to be similarly straight, sincere and honest when he goes to Beijing. Enough has been said about the range of topics for co-operation between India and Sri Lanka that was covered by the two leaders and articulated in their joint statement. The areas of co-operation between Sri Lanka and China may not be so extensive on paper but have been quite substantial on the ground.
The challenge to the NPP government, in my view, would be to take a comprehensive review of the plethora of projects in Sri Lanka that have been and are slated to be undertaken by the two Asian giants, make an assessment of their costs and benefits, and to have an integrated internal plan to ensure that the country would maximize the benefits of these projects, while minimizing environmental impacts and avoiding waste and duplication of resources.
Features
The burden of expectations
By Uditha Devapriya
Compared to the excesses of the yahapalana or good governance regime, and the Gotabaya Rajapaksa raj that followed it, the omissions of this government seem trivial and innocent. The NPP is now two months in office, and whether we like it or not, the excitement of those early days is fading away. One can almost see the end of the honeymoon around the corner. The cynics are, of course, growing louder. They are all speaking with one voice – and in one tongue – and they are all saying that the government is doing precious little.
The Speaker of the Parliament must be beyond reproach. He must be like Caesar’s wife, and above suspicion. It does not do for someone constitutionally bound to integrity to lie about his credentials, as his critics allege him, and the government of which he is a part, as having done. Moreover, to me, the doctorate scandal highlights a bigger issue: the obsession that many Sri Lankans, in the public or private sector, have with their qualifications, and the mad rush among many of us to award ourselves honours we either do not have or do not deserve. In this, for better or worse, the Speaker is only too representative of many of his colleagues in parliament, and many of the people he is representing.
Yet once we account for the fact that the NPP/JVP has never been in power before – unless you count the parivasi (probationary) coalition of 2004 – once we acknowledge that the parliament is seeing a plurality of new faces for the first time since 1994, that the old faces have been wiped off from the face of the legislature and a new generation is in charge – once we get around adjusting ourselves to these realities, then we must realise that this too is an elected government, which, like its predecessors, needs to be kept in check.
Much of the criticism of the NPP’s actions, and inactions, come from those who have sinned for far too long to have any semblance of credibility. These are the Ranilists, the Rajapaksists, those who are glad the NPP is in power because that gives them the perfect opportunity to exact revenge on their rivals. The NPP, we must remember, has been in opposition for too long. They have, at every step of the way, pointed out the errors of those in government and the Opposition. When Harsha de Silva questioned the NPP’s ability to lead, Anura Kumara Dissanayake’s response was to band him and Ranil Wickremesinghe together, to liken them to birds of the same feather. Today, however, Dissanayake is President.
If the rise of the populist left hasn’t (yet) united the right, it appears to be doing so. True, the SJB and UNP – or the New Democratic Front (NDF) – don’t seem to be getting together. But some MPs, including certain bigwigs from the SJB, have hinted that they would be open to Ranil Wickremesinghe joining the SJB. These are, to be sure, minority voices. But they can well grow louder if the NPP fails. And the way things stand, the NPP can fail in two ways: it neglects its radical mandate and caves to the right, or it commits the same errors it accused other parties, both in government and Opposition, of doing.
On both counts, the NPP is playing with fire. It has opened itself to misinterpretation and critique, from both the left and right. A good example, perhaps the best one, is the IMF agreement. Now, it is not true that the NPP said at the outset, before it assumed power, that it would exit the IMF. That was never its promise, and to pretend otherwise would be disingenuous. Yet the NPP did give rise to expectations that it would at least talk to the IMF on a possible renegotiation of the terms.
President Dissanayake, to be sure, did stress on the importance of social protection during a meeting with the IMF delegation. Yet the situation has become so complicated that both Sajith Premadasa, the leader of the centre-right Opposition, and Ravi Karunanayake, the former Finance Minister who was at the heart of a financial scandal a decade ago, have questioned the NPP for continuing the reforms of the previous administration. “Don’t signal to the left, and then turn right,” Karunanayake recently advised the NPP.
In this, officials of the Wickremesinghe government have had it both ways – praising the NPP for continuing their reforms, while eviscerating them for their hypocrisy. The People’s Struggle Alliance (PSA) has emerged as the NPP’s critic on the Left, and it too has been vocal in its denunciations. Perhaps the biggest takeaway from all this is that no party can escape the allure of parliamentarianism. As a friend of mine put it, in Sri Lanka it is impossible to do politics without accounting for the vote. And as far as the NPP is concerned, even if they have not entered coalitions with other parties, they have come to power on the strength of the broadest electoral alliance in Sri Lanka’s post-independence history: an eclectic mixture of different, often divergent, class interests.
It is, of course, ironic for a party that called both the UNP and SLFP bourgeois formations in the 1970s – without appreciating the fundamental differences between the two – to cave into the same bourgeois democratic structures it sought to transcend. But this would be a gross misinterpretation of the NPP’s or rather JVP’s history. The JVP did make attempts to re-enter the democratic mainstream – prominently in 1982. But, for close to a decade in the 1980s and early 1990s, it toyed with the idea of going beyond that framework, provoked by the most right-wing authoritarian government Sri Lanka ever elected. Since 1994, it has been trying to course-correct and have it both ways – regain credibility among the masses without going down the route of coalitions and alliances with other formations.
None of this absolves the NPP. It is difficult to defend a government when it falls headlong into one scandal after another. The NPP’s leading faces have all grown silent. Perhaps they have no other choice – they have come to power on the most radical political agenda Sri Lanka has seen since 1970. Does that justify its recent failures, prominently the issue of the Speaker of Parliament? Probably not. As its critics and rivals get together to trip it at every corner, the NPP must realise that it cannot shield itself from censure for long. It must either respond to criticism – as it did, even if half-heartedly, with its statement on the PTA – or it must take decisive action – as it has so far failed to, with the Speaker. The NPP must realise it is no longer in Opposition. It must stop pretending that it is.
Uditha Devapriya is a regular commentator on history, art and culture, politics, and foreign policy who can be reached at udakdev1@gmail.com.
Features
The Silence of the Speaker and other matters
By Anura Gunasekera
It is more than two weeks since the matter of the Speaker, Asoka Ranwala’s doctorate, or lack of it, was raised in public. If he does have one, it is sufficient time for him to have produced the necessary evidence and laid to rest the ongoing speculation. When my daughter acquired a doctorate from a university in England, she was ceremoniously presented with an ornately inscribed scroll, on thick, parchment paper , along with a foolish hat.
To me, a non-academic, it seemed a paltry outcome for the several years of intense study which preceded the award but that, apparently, is how these systems work. Perhaps Waseda University of Japan, the institution alleged to have conferred the doctoral degree on Ranwala, does not emulate old-fashioned British institutions, but there still needs to be tangible, physical evidence of such an award, with which Ranwala came away from that institution.
Ignore the flippancy of the above paragraphs. The issue of the Speaker’s doctorate is a very serious matter. I understand that Ranwala has been using the prefix, “Dr”, for many years before his investiture as the Speaker of the 10th parliament of Sri Lanka. During the run-up to the recent presidential election, he has been introduced on stage as “Dr Ranwala”. Therefore, he deliberately made the world believe that he was a, “Dr.”
Recently there was some talk of Ranwala’s daughter offering an explanation but that is a ridiculous, unacceptable response. An explanation must come from Ranwala, personally, and not from a member of his family. It is a very simple matter, actually; either he has a doctorate or he has been deceiving the world for many years. In the case of the former he needs to furnish immediate proof to the public and if the latter is the reality, he must apologize for having been a public fraud and withdraw from governance.
To be the Speaker of the Parliament of Sri Lanka, a person must be compliant with the conditions of Articles 89 and 91, of the Constitution of the Republic of Sri Lanka. Neither of those articles specify that the Speaker should be literate, or that he should even be able to read, write and speak, in any known language. In fact, there are simply no minimum educational qualifications for those aspiring to represent the people of Sri Lanka in parliament, although there are clearly specified minimum educational qualifications for any person who applies for employment within the Parliament premises, even if it be the position of security guard, premises cleaner, or a minor employee, respectfully distributing glasses of water and cups of tea, to thirsty legislators within the chamber of representatives.
Then why is the issue of the Speaker’s qualifications of such importance?
When public figures, especially those occupying vital positions such as the Speaker of the Parliament, make a false claim about their educational qualifications, it undermines public trust in the political system. The NPP-JVP machine captured power in the last general election, largely on the promise of restoring principled governance to a corrupt country. I voted for candidate AKD at the presidential election in the fervent expectation of transparent governance. Thus, every elector who contributed to elevating the NPP to power, has the right to know whether Ranwala actually possesses the educational qualifications he claims, although those have no relevance to his current position in Parliament, or to the effective delivery of his responsibilities.
This matter is important because it highlights broader issues of accountability and transparency within governance. When public officials are permitted to misrepresent themselves, it points to a lack of scrutiny in the vetting of candidates for positions of power and influence. The fact that such claims go unchecked, also calls in to question the mechanism the party has in place, for ensuring ethical standards and honesty among its members.
Therefore, the quick and equitable resolution of this issue is crucial and central to entire ethos of the NPP regime, as the expectations of honourable conduct it has inspired within the public, is greater by an order of magnitude than that which was expected of any previous regime. It is also an issue which has been seized gleefully by an enfeebled Opposition, to discredit the government, and to move public focus away from the investigations into issues of corruption within earlier regimes, represented by many members now in the Opposition. The Ranwala affair is the first litmus test, of the present regime’s publicly declared ethos of doing only what is right. It needs to prove to the expectant polity that it means business, on every front.
Speaking of the Opposition, the ridiculous, just concluded (or is it?) charade regarding the appointment of individuals to the respective national lists of the Samagi Jana Balawegaya (SJB) and the New Democratic Front ( NDF), illustrates the incompetence, the indecisiveness and the lack of leadership ability of the two party chiefs concerned. It is relevant to remind the reader that these two, Ranil Wickremesinghe (RW) and Sajith Premadasa (SP), were highly vocal in the run-up to both the presidential and the general election, about the lack of governance experience within the NPP. It immediately begs the question, if one does not have the necessary control and influence within the party, to decide on a simple but important internal party issue like a nomination, how can one aspire to govern the country? In reality it is not just an internal party issue but one that concerns the entire national polity, as it is entitled, as of civic right, to see that all 225 seats in the legislature are filled.
Moving on to two equally pressing issues, the high price of coconuts and the non-availability of popular varieties of rice, both are embedded in histories which long precede the installation of the present government.
Coconuts have become progressively more expensive because of increasing consumption and declining production. According to the Sri Lanka Export Development Board (EDB), the annual production ranges from 2,800 mn nuts to 3,000 mn, whilst the combined domestic and export processing demand is around 4,000 mn nuts, annually.
The year-to-year variability of production is linked to climate variations, further compounded by a steady increase in coconut based products since 2012 (EDB). Coconut trees have an economically productive life-span and need to be replaced periodically. However, new planting has also declined drastically, with 2.28 million seedlings being issued in 2021, as against 9.73 million in 2012 and 6.81 million in 2013 (EDB). The 2021 crop had been very high (CRI) but the embargo on inorganic fertilizer imposed around that time by President Gotabaya Rajapaksa, has resulted in declining yields thereafter.
Wild animal depredation also has had a significant impact, suppressing yields and discouraging new planting, resulting in possible decline of production for the future as well. The industry assessment is that the 2024 production will reflect a 40% decline on the 2023 output. Around 33% of the total production is assigned for value added export products with the balance going in to domestic consumption. Thus, with the off-take by industries remaining constant, the volume available to the domestic sector has declined drastically. The grim reality is that unless the national industry is realigned, with viable, sustainable solutions for current problems, coconut prices will continue to rise periodically, well in to the foreseeable future. Solutions should also be able to strike a sensible balance between animal rights and farmer requirements. Animal rights activism, which takes place largely in affluent zones of residential Colombo- acted out by well-to-do urbanites of the city who have never had to defend a paddy harvest from a hungry elephant- has no relevance to the desperate realities of destroyed crops in Dehiattakandiya, Girandurukotte and Ethiliwewa.
The rice shortage, notwithstanding the obvious causes which have been ignored by successive governments in thrall to wealthy rice millers – again not attributable to the present regime – needs both a short-term and a long-term solution. Importing rice from India, as a knee-jerk response to the hunger of an angry nation, is not a sustainable solution but a one-time fix. It cannot happen again as the same scenario is played out the next year as well. The unalterable reality is that we are a rice eating nation and irrespective of the obstacles, that need must be appeased. “Let them eat cake”, whether Marie Antoinette said it or not, is not acceptable.
This regime has a two-thirds majority in Parliament and is headed by a president with supreme power. Should he, as an immediate solution, decide to take the most drastic steps in order to break the rice-millers’ stranglehold on rice stocks, a famished nation will applaud and the Opposition, if they understand what is good for them politically, will not dare raise a whisper in protest.
There are also the many questions which are being asked, regarding the status of pending investigations related to past corruption in high places. The difficulties in resurrecting dormant criminal investigations are understood; files are mislaid, papers vanish, evidence is lost, witnesses die, disappear or are terrorized in to silence, impartial investigators are neutralized and replaced with compliant stooges, cases by the dozen, against the high and mighty, are dismissed whilst authority is subverted. Previous regimes, especially those with the members of the Mahinda Rajapaksa “famiglia” in the right places, reduced these tactics to an exact science.
President AKD himself, in his speech at the recent Anti-Corruption Day, with brutal clarity, exposed the issues involved with reference to actual cases. In the audience were officials who, during previous regimes, may have been complicit in the very acts described in the previous paragraph. This nation, which catapulted the NPP-JVP to power as a last resort, will appreciate a commentary from the president himself, on all of the above issues. From time to time it needs to be assured that the regime is moving in the right direction, and the best person to put its collective mind at rest is the president himself.
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