Features

Is the Opposition unaware of Article 42?

Published

4 years ago

2022/04/17

Sahan Weerasooriya

REMOVING THE PRESIDENT

Dr Nihal Jayawickrama

With every passing day, the demand for the resignation of the President is gathering momentum, becoming more strident, and more widespread, and echoing even beyond the borders of this country. The President’s response has been to secure the resignation of his Cabinet of Ministers while retaining his brother as Prime Minister, and then filling three key portfolios and, bizarrely, one of dubious value. He has chosen to retain for himself the others, including the currently critical functions relating to health, power and energy. The Opposition has responded by collecting signatures for two parliamentary motions. One seeks to express its lack of confidence in the Government, while the other seeks to impeach the President. Both these are clearly misconceived.

Motion of No-Confidence in the Government

Article 43 of the Constitution states that the Cabinet of Ministers is collectively responsible and answerable to Parliament. Therefore, a motion of no-confidence in the Government, if passed by a simple majority, will result in the dissolution of the Cabinet of Ministers. Thereupon, Article 49(2) requires the President to appoint a new Prime Minister who commands the confidence of Parliament and new Cabinet Ministers. It does not secure the resignation of the President. It does not, therefore, respond to the demands of millions who are demonstrating on the streets of this country.

Resolution for the Impeachment of the President

Under Article 38, a resolution may be presented to the Speaker alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity; or that the President has been guilty of: (a) Intentional violation of the Constitution; (b) Treason; (c) Bribery; (d) Misconduct or corruption involving the abuse of the powers of his office, or (e) Any offence involving moral turpitude.

The resolution is required to be signed by two-thirds of the total number of Members or, if the Speaker is satisfied that the allegations merit inquiry by the Supreme Court, by half the total number of Members. Thereafter, the resolution is referred to the Supreme Court for inquiry and report, with the President having the right to appear and to be heard. If the Supreme Court reports that it has found the President guilty of the charges, Parliament may remove the President from office by passing a resolution to that effect with two-thirds voting in favour. President J.R.Jayewardene famously remarked that in drafting Article 38 he had ensured that it would be virtually impossible for Parliament to remove a President from his office. To attempt to invoke it today, as the Opposition is reported to be doing, is an utterly futile exercise.

Motion of No-Confidence in the President

Article 42 of the Constitution states that the President “is responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law including the law for the time being relating to public security”. This means that Parliament is entitled, indeed required, to hold the President accountable for the due performance of his powers, duties and functions.

Immediately upon his assumption of office President Gotabhaya Rajapakse granted massive tax cuts, thereby causing a severe reduction of state revenue. He then appointed a political acolyte to the strictly non-political office of Governor of the Central Bank who proceeded to print money with gay abandon. When inflation reached astronomic heights and the value of our currency reached the lowest depths, the President remained mute. His maniacal decision to impose an immediate ban on the use of chemical fertilizer destroyed our agriculture sector and our tea industry. His inability to ensure a regular supply of gas, diesel, petrol, milk powder, and other essential food and domestic items has resulted in causing misery and reduced our people to a state of abject poverty.

Faced with a record such as this, Parliament is surely entitled to hold the President accountable for his demonstrable inability to perform the powers, duties and functions of his office. Is the Opposition unaware of Article 42 of the Constitution? If, upon the passage of a motion of no-confidence in the President, the President resigns, as he should, Article 40 requires Parliament to elect, by secret ballot, one of its Members to hold office for the unexpired period of the term of office of the President vacating office. That election is required to be held as soon as possible, within 30 days of the vacancy occurring. In the interim period, the Prime Minister or, in his absence, the Speaker will act in the office of President.

Restoration of the parliamentary executive

Whether or not Parliament succeeds in securing the resignation of the President, it is now clearly evident that neither a retired middle-level soldier nor a professional politician can carry the full and complete burden of governing this country on his or her shoulder as required by the ill-advised 20th Amendment to the Constitution. It is time to restore parliamentary government which existed in this country for thirty years, from 1947 to 1977, and which was then restored, with unnecessary restrictions, from 2015 to 2020. During that earlier period, a Prime Minister and a Cabinet of Ministers, chosen from, and responsible to, a Parliament consisting of members elected from single or multi-member constituencies, provided stability and security to this country, notwithstanding an attempted military coup d’etat in 1962 and a youth insurgency in 1971. It is time to move the 21st Amendment to the Constitution.

The 21st Amendment

The following should be accepted as a few of the essential features of the 21st Amendment to the Constitution:

(a) It should provide for the election by Parliament (or by an appropriately constituted electoral body) of a President who shall be Head of State, Head of the Executive and Commander-in-Chief of the Armed Forces. He/She should be a person who had not been engaged in active politics during at least the preceding five years. With few exceptions, he/she should act on the advice of the Prime Minister or, in specified matters, the relevant Minister.

(b) In compliance with the two fundamental principles of international law: non-discrimination and self-determination, the requirement of power sharing at the centre should be incorporated. Whichever political party forms the government, it should be mandatory for the different ethnic groups to be represented in the Cabinet, at least in proportion to the number of such members elected to Parliament. Thereby, the minority communities will be constitutionally guaranteed not of token (as, for example, C.Kumarasuriar and Lakshman Kadirgamar) but of genuine representation, both in the legislature and in the government. Policy formation will thereafter be by consensus of the different ethnic groups, which is how it should be in a multi-ethnic, multi-religious and multi-linguistic country that Sri Lanka is.

(d) It should provide for election to Parliament from single-member or multi-member (where appropriate) constituencies.

(e) In keeping with contemporary international developments, it should secure the independence of the judiciary and of the public service by the establishment of a Judicial Council and a Public Service Commission responsible for the appointment, transfer and disciplinary control of Judges and Public Officers (of all levels), with the appointments at the highest levels being made by the President on the advice of these bodies.

(f) Members of the clergy of all religions should be disqualified from seeking election to Parliament.

(g) Judges, whether of original or appellate courts, should be disqualified from being appointed by the government to serve on commissions of inquiry while in service or during a period of five years following retirement.

Recovery of stolen assets

It is not surprising that the continuing demands of protesters on the streets that the stolen assets of the country be recovered is being ignored by the Government. The Stolen Assets Recovery (STAR) Initiative is a partnership between the World Bank and the United Nations Office on Drugs and Crime (UNODC). It was established precisely for the purpose of assisting governments in the recovery of assets stolen by political leaders. Its achievements are spectacular. I worked with a STAR team in Egypt following the massive demonstrations in Tahrir Square during the “Arab Spring”. However, it responds only when invited by a government. The present Government is not likely to do so. Neither did the previous “Yahapalana” Government show any inclination in that direction. Are political leaders, whatever their persuasion, protective of each other?

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Features

New US sanctions on ICC, a fillip to worldwide political repression

Published

7 hours ago

2026/10/15

Thilina Walpola

The International Criminal Court in session. UN Photo/Eskinder Debebe

US Secretary of State Marco Rubio’s warning to the International Criminal Court (ICC) was stark: ‘Either the ICC will end its threats, or we will end the ICC.’ It followed US central administration accusations that the court was unfairly targeting Americans on the basis of trumped-up war crimes charges.

However, a new plethora of sanctions has been clamped on the ICC by the US, which in turn has spurred accusations by sections of the world that the latter has unleashed an ‘assault’ on the international legal order.

What some of the sanctions would mean for the ICC was outlined by Rubio: ‘We will ban transactions with this rogue court, cutting off their resources and crippling their ability to operate against us.’

The ICC has shown consistency of purpose over the years. Despite some operational constraints it has indicted a large number of political strongmen from around the world, accused of war crimes and other governance excesses that come under its purview. Two such recent figures are: Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.

Rather than enjoy a mere nominal presence in the world community, the ICC has proved its effectiveness by detaining and bringing to justice scores of VIP politicians and others of their ilk who have been found guilty of human rights abuses and kindred excesses that come within the terms of reference of the ICC.

Accordingly, the international justice system would be stymied considerably as a result of the ICC being dis-empowered, particularly financially. Needless to say, potential and real perpetrators of the species of crime coming under the jurisdiction of the ICC would stand to gain most from such anarchic tendencies. That is, political repression globally would be enabled to enjoy a new lease of life.

A detailing of the types of crime coming under the purview of the ICC provides an idea of what it would cost the international community if the ICC’s operations are gravely hampered. They are mainly: genocide, war crimes, crimes against humanity and the crime of aggression.

That is, the part of the world to be worst affected would be the global South, since the latter is awash with the mentioned crimes. Needless to say, a chronically-disaffected South will sooner rather than later undermine the well being of the world dangerously. The world is already being put through these paces.

At the time of writing, ‘illegal migrants’ from the South, for example, are aggravating many a Western economy’s woes, besides creating for them acute law and order issues. The fact that these migrants’ presence goes on to become a virtual test of the migrant receiving states’ ability to forge domestic social inclusion in the face of jingoistic protests by mainly white supremacist groups is evidence of the latter. As is known, the US, to take just one example, has been up against this crisis for quite a while.

Accordingly, it will be in the best interests of the West if ‘illegal’ migrant arrivals on their shores are stemmed. If the socio-political and economic problems assailing the South are effectively managed through North-South collaborative, ‘trouble-shooting’ efforts the causes leading to ‘illegal’ migration and connected issues could be resolved at source as it were. For, it is the aggravation of the South’s material questions that lays the basis for the emergence of repressive and anti-democratic regimes in the hemisphere.

Until such time that the aforementioned issues in North-South relations are visited afresh and addressed urgently, a vibrantly functioning ICC would be needed. For, the latter would prove a deterrent to Southern political and military strongmen, highly prone to power abuse and like excesses, from coming into being in the wake of the South’s chronic material woes and the wars and conflicts that result from them.

It stands to reason then that the US would be acting in its own interests by enabling the ICC to perpetuate its mandate without hindrance. For a crop of issues that impinges negatively on internal law and order would be defused.

Meanwhile, there needs to be a meeting of minds among the rest of the West to put back in place a North-South dialogue process aimed at reducing some of the economic pressures that are weighing on the South.

Since economics usually drives politics it will be in the interests of the world community to scrutinizingly re-visit North-South issues of the past and put in place economic relief packages for Southern publics that would enable them to tide over their material hardships rather than permit the latter to aggravate into social disaffection and eventually armed militancy. It is the latter juncture that paves the way for the emergence of authoritarian rulers in the South who then go on to be a blight on their publics.

Accordingly, the Southern-based global development thinking of the past that envisaged a more equitable world economic order needs to be seen as an urgent need. That is, NAM’s international development paradigms need to be resuscitated to the extent possible.

It is unlikely that rightist governments of the West, such as the current Republican administration in the US, would find these projects feasible, but democratic states of Europe, led by perhaps the UK, are likely to think otherwise. For it would not be beneficial for the democratic world to be having on their hands repressive governments in the South who would be gravitating towards the major military and economic actors of the South, such as Iran and North Korea, who tend to be in constant power struggles with the West.

However, until such time that the mentioned, pro-people initiatives are given serious thought the ICC would need to be enabled by the international community to be in place comfortably and carry on with its mandate of bringing repressive rulers to book. Besides the ICC should pave the way for the peoples of the developing world to enjoy some substantial respite from the political repression and even terror which tend to be their lot.

Meanwhile, the wars of West Asia are relentlessly aggravating the economic hardships of people everywhere, driving the point home to enlightened sections that there is no alternative to peacemaking. A challenge is to convert the US under President Trump to this line of thinking.

Features

Clear, soft and shine-free skin

Published

8 hours ago

2026/10/15

Thilina Walpola

This week, I give you five simple, time-tested homemade remedies that help reduce the appearance of blemishes, control excess shine and leave your skin feeling softer and smoother.

The Honey and Lemon Brightening Dab:

For stubborn blemish marks, this is a classic. Mix one teaspoon of pure bee honey with three to four drops of fresh lemon juice. Apply gently, only on the affected spots, and leave for 10 minutes before rinsing with lukewarm water. While honey soothes and softens, lemon helps to brighten naturally. Use twice a week in the evening.

Besan and Rose Water Oil-Control Pack:

An ideal remedy to combat shine, especially on the T-zone. Take two teaspoons of besan (gram flour) and mix with sufficient rose water to form a smooth paste. Add a pinch of turmeric for its antiseptic goodness. Apply evenly, keep for 15 minutes and wash off. It absorbs excess oil without over-drying, leaving a beautiful matte finish.

Aloe Vera and Cucumber Ice Soother:

Blend fresh aloe vera gel with the juice of a grated cucumber and freeze the mixture in an ice tray. Each morning, wrap one cube in a soft muslin cloth and gently rub over a cleansed face for 30 seconds. It calms, tightens pores and imparts a baby-soft smoothness.

Oatmeal and Curd Gentle Polish:

Roughness and old blemish marks need gentle exfoliation. Combine one tablespoon of finely powdered oatmeal with one tablespoon of fresh curd (yoghurt). Massage very gently, in circular motions, for one minute, leave for five minutes and rinse. It removes dead cells and unveils softer, clearer skin.

Multani Mitti and Green Tea Magic Mask:

Brew some green tea and allow it to cool completely. Mix one and a half teaspoons of Multani Mitti (Fuller’s Earth) with the tea water to make a fine paste. Apply for 10 to 12 minutes – do not let it dry and crack completely – and wash off. It draws out impurities, fades blemishes and bestows a fresh, shine-free glow.

A Gentle Reminder:

As with any natural remedy, always do a patch test on your inner arm first. For those with oily or combination skin, avoid heavy coconut oil application and harsh scrubbing, as they tend to aggravate shine and blemishes.

Features

Compete, shine and be discovered at WCOPA 2027

Published

8 hours ago

2026/10/15

Thilina Walpola

Dream of performing on a world stage? Well, here is your unique, golden opportunity!

The World Championships of Performing Arts (WCOPA) — the one and only official “Talent Olympics” — is the world’s premier global platform for aspiring singers, dancers, actors, models, instrumentalists, etc., to compete, shine and be discovered!

And, yes, this world stage is open to YOU, Sri Lankans living in Sri Lanka and overseas!

Held annually in glittering Las Vegas, WCOPA brings together over 70 countries, all competing for Gold, Silver and Bronze Medals, just like the traditional Olympics.

Lakisha Bernard: Will represent Team Sri Lanka at WCOPA 2027

Outstanding performers vie for the coveted titles of Junior and Senior Grand Champion Performer of the World, with winners and standout participants awarded over $500,000 in scholarships, cash awards and prizes to catapult their education and careers!

Sri Lanka is already making waves! At WCOPA 2026, Natharie Wickramasinghe, representing Team Sri Lanka, made the nation proud by winning a Bronze Medal in the Ethnic/Folklore Dance category!

Lakisha: Accomplished freelance Model and Fashion Design graduate

Recruitment for this prestigious competition is handled through a system of scouts and licensed National Directors — and this is where our very own Chris Rajendra, now based in Las Vegas, and National Director for Team Sri Lanka, comes into the scene.

If you are a singer, dancer, actor, model, instrumentalist — if you have talent burning inside you — contact Chris Rajendra today for registration and, who knows, you may find yourself in Las Vegas, and proudly draped in the Sri Lankan flag, at WCOPA 2027!

The contact address is: Chris Rajendra, wcopa.nationaldirector.sl@gmail.com

or chris.rajendra@gmail.com

Meanwhile, a star is born for 2027, in the form of Lakisha Bernard who is all set to represent Team Sri Lanka at WCOPA 2027.

Originally hailing from the sun-drenched coastal city of Colombo and now carving out her creative career in Canada, 22-year-old Lakisha is stepping into the international spotlight.

This accomplished freelance Model and Fashion Design graduate has officially been appointed as the Team Sri Lanka Promoter for Canada as she prepares to represent Team Sri Lanka at WCOPA in Las Vegas.

Lakisha brings a unique blend of high-fashion sensibility, captivating camera presence and expert garment design to the Team.

Having built her career, from local college shoots to high-glamour concepts, Lakisha’s inspiring journey embodies the true spirit of cultural bridge-building and creative resilience, bringing immense pride and recognition to Sri Lanka on the global stage.

WCOPA 2027 will be held at the legendary Westgate Hotel & Casino, Las Vegas, from 12th to 20th July – the very same iconic arena where the late, great Elvis Presley himself performed!

Your moment is now. Your stage is Las Vegas, so hurry and contact Chris Rajendra.