Features
COLORADO SUPREME COURT DISQUALIFIES TRUMP ON 2024 STATE BALLOT
DOW JONES INDEX HITS ALL-TIME HIGH
by Vijaya Chandrasoma
In September, Colorado District Court Judge Sarah Wallace ruled that Donald Trump is qualified to contest the Colorado primary ballot in 2024. Her ruling hinged on a technical interpretation of the wording of Section 3 of the 14th Amendment, which states:
No person shall be a Senator or Representative in Congress, or elector of the President and Vice-President, or hold any office, civil or military, under the United States, or any other state, who previously having taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress, may by a vote of two-thirds each House, remove such disability.
The 14th Amendment was ratified after the Civil War in 1868, based on a statement made by President Abraham Lincoln, when he spoke to Congress in 1861:
“When ballots have been fairly, and constitutionally decided, there can be no successful appeal back to bullets”.
Lincoln’s grave has been spinning violently since 2020.
In her ruling, Judge Wallace acknowledged that Trump was guilty of inciting a violent insurrection to subvert the constitutional function of Congress, engaged in the certification of the election of President Biden.
However, on a strict but preposterous interpretation of the 14th Amendment, she deemed that a president of the United States is not an “officer of the United States”, because the 14th Amendment did not specifically contain the word “president”.
Preposterous, as the Amendment includes all those who have sworn allegiance to the Constitution, which is the first action of the new President when he formally assumes the presidency, as Trump did in January 2017.
When she submitted her ruling, Judge Wallace all but implored the Colorado Supreme Court to overrule her decision. Her prayers were answered last Tuesday.
Since her ruling in September, there has been increasing momentum among the legal community, ratifying the constitutional argument that, according to the 14th Amendment, Trump should be disbarred from contesting any federal position, including the presidency.
Lawrence Tribe, Professor Emeritus of Constitutional Law at Harvard University, Founder of the American Constitution Society and deemed one of the nation’s foremost authorities on Constitutional Law, stated, “The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be end of the nation, the end of democracy”.
Santa came early this year, when, on Tuesday, December 19, the Colorado Supreme Court reversed the lower court decision, and ruled that Trump be disqualified from being on the state’s 2024 presidential ballot. The ruling was based on Section 3 of the 14th Amendment, that Trump “engaged in an insurrection with his words and actions around the January 6 attack on the US Capitol” and therefore cannot hold the nation’s highest office again. The fact that the word “president” was missing in the Amendment was not relevant as the president was an officer of the state who had taken an oath to uphold the Constitution of the United States.
Section 3 of the 14th Amendment is a self-executing provision of the Constitution, a provision that can be enforced without the aid of a legislative enactment, like a conviction.
Republicans argue that the question of who should be on the presidential ballot is a matter for Congress, not a decision to be made by state courts.
The Colorado ruling will now be appealed before the Supreme Court of the United States.
The Supreme Court gives Trump a 6/3 advantage. A prejudiced highest court in a land where not only the judiciary, but the legislature and the executive functions are debased to levels that would be treated with contempt in the most corrupt Banana Republic.
A land where a criminal, convicted of fraud and sexual assault, arrested and on bail for 91 felonies, including espionage and attempting to incite an insurrection to overturn one of the fairest elections in the nation’s history, walks free. He also is the choice of the majority of the electorate to again preside over the country whose democracy he had incited his terrorist supporters to overthrow. And now threatens openly, in his campaign rallies, that, if he is re-elected to the presidency, he will terminate the Constitution revered throughout the world, prosecute his political opponents and marginalize a large swath of its minorities. He is on a path to succeed where Hitler failed.
The final ruling of the Supreme Court may not only affect the Colorado ballot, but also those of other states. All 50 states have mechanisms in place to disqualify candidates who do not meet basic presidential requirements, and many will likely use these mechanisms to disqualify Trump, depending on the final ruling of the Supreme Court.
There is one important factor to be considered regarding the US Supreme Court, which could have some influence on the Colorado ruling to disbar Trump from contesting the presidency in 2024:
Conservative Justice Clarence Thomas has already recused himself from a case related to the January 6, 2021 insurrection at the US Capitol, an appeal brought by John Eastman, former Trump adviser, indicted on election fraud. No reason for Thomas’ recusal was given, though his corruption and his wife’s complicity in the January 6 insurrection are ongoing scandals.
Thomas’ recusal on the Eastman case may set a precedent for him to recuse himself on all future cases involving the insurrection. In that event, the Republican majority in the Supreme Court on the Colorado case will be reduced to 5/3, with a possibility of an even 4/4, with Chief Justice Roberts usually voting not on party lines but on conscience.
Also, Justice Kavanaugh, in previous writings, has approved the immunity of a sitting president of investigation into all crimes, but opined that immunity no longer exists after he leaves the office. Of course, he is not necessarily compelled to base his rulings on past writings.
Trump thrives on incriminating legal decisions, which he, like no politician in history, can turn to his advantage, even make tons of money from his criminal behavior. The more damning the legal accusations as to his criminality, even his treason, the higher his ratings rise, the more funds he raises from his devoted supporters. Trump may be a treacherous moron, but his God has compensated him with the gift of making money out of crime that transcends all his many evil character flaws.
Recently, Trump has juiced up his incredibly bigoted, cruel and noxious anti-immigrant and anti-Semitic rhetoric, getting more evil every passing day. Vile rhetoric, direct quotations from Hitler’s Mein Kampf – “vermin poisoning the blood of our people”, “mass deportation camps” – have been his regular oratorical fare at campaign rallies.
However, the virulent speeches made during the past week, which make Hitler’s rants sound like children’s bedtime stories, were no longer the impromptu drivel of a racist madman. They have been read from a teleprompter, indicating that they represent the official Republican Party line. Extreme authoritarian policies which will maintain the privileges of Christian white supremacists, and take America back to the good old days of segregation and Jim Crow.
This latest decision to openly toe the Nazi, white supremacist line was probably made by Trump and the billionaires and corporations who fund the Republican Party because it seems to be working. What is truly frightening is that these racist, fascist rants at campaign rallies are not only met with thunderous applause from Trump’s devoted supporters, but are now gaining the approval of an alarmingly large section of the American electorate. The reason Trump continues to spew such hatred may be because he feels that America is ready for a “temporary” dictator, ready to exterminate those vermin who poison the blood of white people. Sure worked for Hitler. Until the American cavalry came to the rescue in 1945.
If Trump is defeated in November, he will once again claim the election was rigged, refuse to concede defeat and incite a Civil War. Unfortunately, Americans cannot count on the cavalry to appear at the last moment to rescue them, because they themselves are the cavalry.
The more vitriolic Trump’s anti-immigrant and anti-Semitic rantings. the higher his poll numbers rise. The more Trump shouts about the Jews and brown-skinned immigrants not just from Latin America, but from Africa and Asia (Europeans are fine, Russians welcome) being the enemies of the people, the greater his popularity, not just from the cult, but also from moderate Republicans and Independents. The holocaust may be a nightmare of the past for the Germans, but it could well be a harbinger for the America of the future.
Trump even sings the praises of murderous dictators like Russia’s Putin and Hungary’s Orban, who graciously reciprocate the compliment. Orban said that Trump is the only hope for the salvation of the western world – which, in this context, means the salvation of white supremacy.
The re-election of a twice impeached, quadruple indicted former president is a terrifying prospect. He has now doubled down on his resolve to be a “dictator for a day” if re-elected. Only it won’t be for a day.
As Maya Angelou, renowned poet and political activist once said, “When people show you who they are, believe them the first time”.
The latest rumor is that a red binder containing top-secret files, a collection of intelligence on Russian collusion in the 2016 election shared with NATO, has gone missing since Trump left the White House. These files are said to be buried in first wife Ivana Trump’s coffin, behind the first tee at his golf course in Bedminster, New Jersey.
Top-secret documents may well be on sale at the White House gift shop, if Trump wins a second term. Trump will personally declassify and sign them for an extra charge.
The obvious alternative to a Nazi dictatorship in 2024 would be incumbent President Biden or the presidential candidate of the Democratic Party, to ensure that the nation will continue with the progressive policies initiated during Biden’s first two years. Legislation already showing positive results in the form of an improving economy, low unemployment, inflation under control and rising wages. Last week, the Dow Jones Industrial Average, the most reliable gauge of the strength of an economy, reached an all-time high of 37,305 points.
Besides, I feel that regular Americans are getting sick of Trump’s whining that he has been the perpetual victim of a multitude of witch-hunts. Even during the four years when he held the most powerful position in the world, he failed to catch these hunters, who exist only in that deluded piece of crap that masquerades as a mind.
On that mildly indecent but hopeful note, I wish you all a Merry Christmas.
Features
Aligning graduate output with labour market needs:Why national policy intervention essential
The lack of a committed and competent workforce is no longer a routine managerial complaint in Sri Lanka; it has become a defining national problem. Recent widely reported malpractices, in leading public institutions, have exposed the depth of this challenge. From a macro-economic perspective, large and persistent gaps exist between the competencies required to perform jobs effectively and the competency profiles of the existing workforce. The consequences are visible across the economy; we witness the key economic drivers, such as agriculture, energy, tourism, finance, and education, continue to underperform. This chronic condition is not a result of insufficient and incapable human capital, but of its persistent misalignment and misutilisation.
Economic development in any country is ultimately driven by the quality and relevance of human capital deployed within its key industries. In Sri Lanka, however, the education sector, particularly higher education, has been repeatedly criticised for its limited role in producing graduates, aligned with economic needs. This misalignment is often justified by higher education institutions on the grounds that their role is not to train graduates for specific jobs, but to produce broadly capable individuals who can perform in any work context. This position appears defensible in principle. Nevertheless, it remains problematic in practice, when economic sectors continue to underperform, and graduates struggle to find productive and relevant employment.
We were surprised to see a large number of university graduates appear at a recruitment interview for post of office labourer. Their intention was to secure a public sector job as a career path, nothing else. Alas, in another job placement interview, to select office clerks, several candidates presented degree qualifications, in statistics, and degree programmes, like archeology and geography, although a degree was not an entry requirement. When questioned, the common response was the difficulty of finding jobs, relevant to their degrees. Does this mean university degrees are worthless? Certainly not, if strategically channelled into relevant economic drivers, they could have contribute meaningfully to national development. For instance, an archeology degrees can be directed to tourism, heritage management, city planning, or spatial development. The tragedy is neither the policymakers, nor the university authorities bother about the time and money spent on graduates, which go in vein in an inappropriate job. No one bothers to assess the value of having such graduates directly channelled to relevant economic sectors. The graduates also may not be bothered to question the value they dilute in generic jobs.
Periodically, state university graduates, particularly those qualified through external degree programmes, flock to the streets, demanding government employment. In response, successive governments absorbed large numbers of graduates as school teachers and development officers. Whether such recruitment exercises were grounded in a systematic analysis of labour market demand, and sector-specific competency requirements, is dubious. The persistent deterioration in productivity and service quality, across key economic sectors, therefore, raises a fundamental question: Does strategic alignment between graduate output and labour market demand exist?
Systemic Weaknesses across Economic Sectors
We see deep structural weaknesses in nearly all segments of the Sri Lankan economy. Persistent deficiencies in public sector management; outdated agriculture management systems, relying on raw exports, weak preservation and production practices; structurally underdeveloped, unattractive tourism sector slow to adopt modern global approaches; an education system, from early childhood to higher education, showing more decline than progress; and digitalisation and e-governance initiatives repeatedly undermined by implementation failures, are some lapses to mention here.
However, during the colonial period, Sri Lanka was a prosperous country in terms of agro-economy and infrastructure development. During this period, conscious alignment between education and economic priorities was clearly visible. Schools taught subjects relevant to employment and livelihood opportunities, within the prevailing economic structure. Universities were primarily producing personnel to meet the clerical needs of the administration. University enrolment remained limited and targeted, ensuring graduate output remained broadly commensurate with labour market demand. The clarity of policies and orderly execution resulted in comparatively high employee–job fit, highly competent workforce, and better service and minimal graduate unemployment. Nevertheless, during the 76 years of post-independence, Sri Lanka has fallen from its economic stability and administrative orderliness, with rising problems in every sphere of economic, cultural, social, political and environmental segments.
Decoupling of Higher Education and Economic Needs
As we see with the expansion of higher education, graduate–job fit has gradually weakened. Both public and private higher education providers continue to offer academic programmes that are decoupled from economic development priorities. If I may bring an example, one of the most critical constraints to development in Sri Lanka is the persistent absence of timely and accurate data. Decisions, policies, and reforms frequently encounter implementation difficulties due to judgments based on outdated or inaccurate data. Organisations continue to operate in the absence of reliable information systems, admitting failures and presenting excuses. Notwithstanding the need, limited attention has been given to producing competent graduates, specialised in statistics, data analytics, and information management. National-level interventions to address this gap remain minimal, despite the urgent need for such expertise, within key government institutions, and the overall industry. A large number of agriculture degree holders pass out every year from state universities, but insufficient progress has been made in modernising agricultural products and value chains, although the agricultural sector is a key economic driver in the country. We often meet agricultural graduates holding general administrative positions, which are supposed to be handled by the management graduates. Agricultural specialised knowledge is underutilised, despite the potential to deploy this expertise in promoting agricultural development. It is noteworthy to consider that when graduates, trained in specific disciplines, enter irrelevant job markets, their competencies gradually erode, organisational performance declines, and additional costs are imposed on both organisations and the wider economy.
Misalignment of human capital constitutes a significant negative externality to national development. The government invests substantial public funds, generated through taxation, to provide free education with the expectation that graduates will contribute meaningfully to economic and social development. When graduates are misaligned in the job market, the resulting costs are borne by the economy and society at large. Consequently, the economy suffers from an absence of appropriate competencies, skills, and work attitudes. Poor judgments arising from capacity deficiencies, performance inefficiencies, and a lack of specialised human capital, generate externalities.
Why Strategic Alignment Matters
A clear and coherent national human capital development policy is required, to ensure strategic alignment with national economic drivers. Such a policy should be formulated by the government, through structured consultation with government institutions, public and private higher education providers, industry representatives across key economic sectors, as well as stakeholders from social groups, and environmental authorities. Universities should ensure that degree programmes are explicitly linked to sector-specific labour market demand, based on objective and systematic analysis rather than ad hoc decision-making. National competency frameworks, for major job categories, should be developed to guide curriculum design and enrolment planning. Of course, there are competency frameworks developed as initiatives of the governments time to time, but the issue is although policies were made, they were displaced, and still to search for.
Countries that have achieved rapid economic development consistently demonstrate strong strategic alignment between human capital development and policy initiatives, underscoring the importance of coordinated planning between education systems and national economic objectives. Singapore, for example, closely aligns higher education planning with labour market demand through initiatives, such as graduate employment surveys and industry-focused programmes. Universities, like the National University of Singapore and Nanyang Technological University, play a vital role in such initiatives.
It is important for us to explore the strategies of the other countries and benchmark best practices, adopting to the local context. If we, at least, take this need seriously, and plan, in the long term, strategic alignment between graduate output and labour market demand could fundamentally change Sri Lanka’s development outcomes. Where alignment exists, productivity improves, service delivery strengthens, and institutional accountability becomes unavoidable. Effective utilisation of discipline-specific graduates would curb skill erosion and reduce the recurring fiscal cost of graduate underemployment, misallocation and ad hoc public sector recruitment.
The Role of the Government and Policymakers
Policymakers must treat human capital development as a strategic mechanism, maintaining explicit alignment between higher education planning, economic development priorities, and labour market absorption capacity. Fragmented policy stewardship across ministries and agencies should be reduced through coordinated human capital governance mechanisms. Public administration, including sector-level managers, must actively articulate medium and long-term competency requirements of key economic drivers, and feed these requirements into higher education policy processes. Governments should shift from ad hoc graduate absorption practices towards planned workforce deployment strategies, ensuring that graduate output is absorbed into sectors where national productivity, innovation, and service delivery gains are most needed. In this effort, continuous policy dialogue, between education authorities, economic planners, and industry stakeholders, is essential to prevent symbolic alignment of graduate outputs while functional mismatches persist, if we aim for a prosperous nation.
Dr. Chani Imbulgoda (PhD) is a Senior Education Administrator, author, researcher, and lecturer with extensive experience in higher education governance and quality
assurance. She can be reached at cv5imbulgoda@gmail.com.
By Dr. Chani Imbulgoda
Features
The hidden world of wild elephants
… Young photographer captures rare moments of love, survival and intelligence in Udawalawe National Park’s Wilderness
In the silent heart of the Udawalawe National Park’s wilderness, where dust rises gently beneath giant footsteps, and the afternoon sun burns across dry landscapes, young wildlife photographer Hashan Navodya waits patiently behind his camera lens.
For the 25-year-old final-year undergraduate student at the University of Jaffna, wildlife photography is not merely a hobby. It is a lifelong passion, a spiritual connection with nature, and a journey into the hidden emotional world of wild animals — especially elephants.
Originally from Gampaha District, Hashan’s fascination with wildlife began during childhood. While many children admired animals from afar, he spent countless hours observing them closely, studying their movements, behaviour and relationships.
“From a young age, I loved watching animals and understanding how they behave,” Hashan said. “At first, I visited zoos because that was the only way I could see wildlife. But later I realised that animals are most beautiful when they are free in their natural habitats.”
That realisation transformed his life.
- A joyful young elephant bathing beside its family in the muddy waters of the wild
- A playful young elephant resting in the cool water on a hot afternoon
His photography journey officially began in 2019, while studying at Bandaranayake College Gampaha, where he served as a photographer for the school media unit. Initially, he covered school functions and events before gradually moving into engagement shoots and event photography to improve his technical skills and earn money.
“Wildlife photography equipment is extremely expensive,” he explained. “I worked hard to save money for camera bodies and lenses because I knew this was what I truly wanted to do.”
Armed with determination and patience, Hashan eventually turned fully toward wildlife and nature photography.
His journey has since taken him deep into some of Sri Lanka’s most celebrated natural sanctuaries, including Yala National Park, Wilpattu National Park, Bundala National Park, Udawalawe National Park and Horton Plains National Park.
Among the countless wildlife encounters he has documented, elephants remain closest to his heart.
One of the most remarkable moments he captured unfolded during a harsh dry spell inside the wilderness.
A mother elephant, sensing water hidden beneath the cracked earth, carefully dug into the ground using her powerful trunk. Slowly, fresh underground water, rich in minerals and nutrients, emerged from beneath the dry soil.
Nearby stood her calf, patiently waiting.
“As the water appeared, the baby elephant quietly moved closer and drank beside its mother,” Hashan recalled.
“It was such a powerful moment. It showed survival, intelligence, trust and the deep bond between them.”
The scene revealed more than instinct. It reflected generations of inherited knowledge passed from mother to calf — wisdom essential for survival in difficult conditions.
“These mineral-rich water sources are very important for young elephants, especially during dry periods,” he said. “Watching the mother carefully search and dig for water showed how intelligent elephants truly are.”
Another unforgettable moment, captured through his lens, revealed the softer, deeply emotional side of elephant life.
In a quiet corner of the forest, a baby elephant stood beneath its mother, gently drinking milk, while remaining sheltered under her protective body. The tenderness of the scene reflected unconditional care and the inseparable bond between mother and child.
“You can truly feel the love and protection in moments like that,” Hashan said. “In the wild, survival depends on the herd and, especially, on the mother’s care.”
His photographs also highlight the playful and emotional behaviour of elephants, particularly around water.
Inside the cooling waters of the Udawalawe National Park, Hashan observed a herd gathering together beneath the tropical heat. Young elephants splashed water joyfully over their bodies, using their trunks, while others sprayed water behind their ears to cool themselves.
“One young elephant was playing happily in the water while another carefully sprayed water around its ears as if enjoying a relaxing bath,” he said with a smile. “You can clearly see that elephants experience joy, comfort and emotion.”
The scenes reflected the social nature of elephants and their strong family bonds. Water is not simply essential for survival; it also becomes a place for interaction, play, relaxation and emotional connection within the herd.
- A baby elephant feeds safely beside its mother
- A playful elephant splashing water and enjoying a peaceful bath with its family
For Hashan, wildlife photography offers far more than beautiful images.
“Wildlife gives me peace and happiness,” he said. “It reminds me that humans are also part of nature. Animals deserve freedom, respect and protection.”
His love for animals has even shaped his lifestyle choices.
“Because of my respect for wildlife, I avoid eating meat and fish,” he explained. “I want to live in a way that causes less harm to animals.”
Through every photograph, Hashan hopes to inspire others to appreciate Sri Lanka’s rich biodiversity and understand the importance of conservation.
“Wildlife is one of nature’s greatest treasures,” he said.
“Every animal plays an important role in maintaining the balance of nature. We must protect them and their habitats for future generations.”
His words carry the quiet conviction of someone who has spent long hours observing the rhythms of the wild — moments of struggle, affection, intelligence and harmony often unseen by the outside world.
As the golden light fades across Sri Lanka’s forests and grasslands, Hashan continues his search for nature’s untold stories, waiting patiently for another fleeting moment that reveals the extraordinary lives hidden within the wild.
“Nature still holds many beautiful stories waiting to be discovered,” he reflected. “Stories of survival, love, strength and harmony. Through my photographs, I hope people will understand why wildlife conservation matters so much.”
By Ifham Nizam
Features
Citizenship, Devolution, Land and Language: The Vicarious Legacies of SJV Chelvanayakam
SJV Chelvanayakam, the founder leader of the Ilankai Thamil Arasu Kadchi, aka Ceylon Tamil Federal Party, passed away 49 years ago on 26 April 1977. There were events in Sri Lanka and other parts of the world where Tamils live, to commemorate his memory and his contributions to Tamil society and politics. His legacy is most remembered for his espousal of the cause of federalism and his commitment to pursuing it solely through non-violent politics. Chelvanayakam’s political life spanned a full 30 years from his first election as MP for Kankesanthurai in 1947 until his death in 1977.
Under the rubric of federalism, Chelvanayakam formulated what he called the four basic demands of the Tamil speaking people, a political appellation he coined to encompass – the Sri Lankan Tamils, Sri Lankan Muslims and the hill country Tamils (Malaiyaka Tamils). The four demands included the restoration of the citizenship rights of the hill country Tamils; cessation of state sponsored land colonisation in the North and East; parity of status for the Sinhala and Tamil languages; and a system of regional autonomy to devolve power to the northern and eastern provinces.
High-minded Politics
Although the four basic demands that Chelvanayakam articulated were not directly delivered upon during his lifetime, they became part of the country’s political discourse and dynamic to such an extent that they had to be dealt with, one way or another, even after his death. So, we can call these posthumous developments as Chelvanayakam’s vicarious legacies. There is more to his legacy. He belonged to a category of Sri Lankans, Sinhalese, Tamils and Muslims, who took to politics, public life, public service, and even private business with a measure of high-mindedness that was almost temperamental and not at all contrived. Chelvanayakam personified high-minded politics. But he was not the only one. There were quite a few others in the 20th century. There have not been many since.
Born on 31 March 1898, Chelvanayakam was 49 years old when he entered parliament. He was not an upstart school dropout dashing into politics or coming straight out of the university, or even a hereditary claimant, but a self-made man, an accomplished lawyer, a King’s Counsel, later Queen’s Counsel, and was widely regarded as one of the finest civil lawyers of his generation. He was a serious man who took to politics seriously. Howard Wriggins, in his classic 1960 book, “Ceylon: Dilemmas of a New Nation”, called Chelvanayakam “the earnest Christian lawyer.”
Chelvanayakam’s professional standing, calm demeanour, his personal qualities of sincerity and honesty, and his friendships with men of the calibre of Sir Edward Jayatilleke KC (Chief Justice, 1950-52), H.V. Perera QC, P. Navaratnarajah, QC, and K.C. Thangarajah, were integral to his politics. The four of them were also mutual friends of Prime Minister SWRD Bandaranaike and they played a part in the celebrated consociational achievement in 1957, called the B-C Pact.
Chelvanayakam effortlessly combined elite consociationalism with grass roots politics and mass movements. He led the Federal Party both as a democratic organization and an open movement. Chelvanayakam and the Federal Party used parliament as their forum to present their case, the courts to fight for their rights, and took to organizing non-violent protests, political pilgrimages and satyagraha campaigns. He was imprisoned in Batticaloa, detained in Panagoda, and was placed under house arrest several times. His Alfred House Gardens neighbours in Colombo used to wonder why the government and the police were after him, of all people, and why wouldn’t they do something about his four boisterous, but studious, sons!
He was a rare politician who filed his own election petition when he was defeated in the 1952 election, his first as the leader of the Federal Party, and was rewarded with punitive damages by an exacting judge. He had to borrow money from Sir Edward Jayatilleke to pay damages. The common practice for losing candidates was to file vexatious petitions in the name of one of their supporters with no asset to pay legal costs. Chelvanayakam was too much of a principled man for that. As a matter of a different principle, the two old Left parties never challenged election losses in court, but Dr. Colvin R de Silva singled out Chelvanayakam’s uniqueness for praise in parliament, in the course of a debate on amendments to the country’s election laws in 1968.
Disenfranchisement & Disintegration
Although he became an MP in 1947, Chelvanayakam had been associated with GG Ponnambalam and the Tamil Congress Party for a number of years. GG was the flamboyant frontliner, SJV the quiet mainstay behind. Tamil politics at that time was all about representation. In fact, all politics in Sri Lanka has been all about representation all the time. It started when British colonial rulers began nominating local (Sinhala, Tamil, Muslim) representatives to quasi legislative bodies, and it became a contentious political matter after the introduction of universal franchise in 1931.
Communal representation was conveniently made to look ugly by those who themselves were politically communal. Indeed, under colonial rule, if not later too, Sri Lankans were a schizophrenic society where most Sinhalese, Tamils and Muslims were socially friendly, but politically communal. The underlying premise to the fight over representation was that British colonialists were not leaving in a hurry and they were there to stay and rule for a long time. Hence the jostling for positions under a foreign master. It was in this context that Ponnambalam made his celebrated 50-50 pitch for balanced representation between the Sinhalese, on the one hand, and all the others – Tamils, Muslims, Indian Tamils – combined on the other. It was a perfectly rational proposition, but it was also perfectly poor politics.
But independence came far sooner than expected. The Soulbury Constitution was set up not for a continuing colonial state, but as the constitution for an independent new Ceylon. So, the argument for balanced representation became irrelevant in the new circumstances. The new Soulbury Constitution was enacted in 1945, general elections were held in 1947, a new parliament was elected, and Ceylon became independent in 1948. SJV Chelvanayakam was among the seven Tamil Congress MPs elected to the first parliament led by GG Ponnambalam.
The Tamil Congress campaigned in the 1947 election against accepting the Soulbury Constitution and for a vaguely formulated mandate “to cooperate with any progressive Sinhalese party which would grant the Tamil their due rights.” But what these rights are was not specified. In a Feb. 5, 1946 speech in Jaffna, Ponnambalam specifically proposed “responsive cooperation between the communities” – not parties – and advocated “a social welfare policy” to benefit not only the poor masses of Tamils but also the large masses of the Sinhalese.
So, when Ponnambalam and four of the seven Tamil Congress MPs decided to join the government of DS Senanayake with Ponnambalam accepting the portfolio of the Minister of Industries, Industrial Research and Fisheries, they were opposed by Chelvanayakam and two other Tamil Congress MPs. The immediate context for this split was the Citizenship question that arose soon after independence when DS Senanayake’s UNP government introduced the Ceylon Citizenship Bill in parliament. The purpose and effect of the bill was to deprive the estate Tamils of Indian origin (then numbering about 780,000) of their citizenship. Previously the government had got parliament to enact the Elections Act to stipulate that only citizens can vote in national elections. In one stroke, the whole working population of the plantations was disenfranchised.
GG Ponnambalam and all seven Tamil Congress MPs voted against the two bills. Joining them in opposition were the six MPs from the Ceylon Indian Congress representing the Malaiyaka Tamils and 18 Sinhalese MPs from the Left Parties. The Citizenship Bill was passed in Parliament on 20 August 1948. Ponnambalam called it a dark day for Ceylon and accused Senanayake of racism. But less than a month later, on September 3, 1948, he joined the Senanayake cabinet as a prominent minister and the government’s principal defender in parliamentary debates. Dr. NM Perera once called Ponnambalam “the devil’s advocate from Jaffna.”
Chelvanayakam remained in the opposition with two of his Congress colleagues. A little over an year later, on December 18, 1949, Chelvanayakam founded the Ilankai Tamil Arasu Kadchi, Federal Party in English. Not long after, joining Chelvanayakam in the opposition was SWRD Bandaranaike, who broke away from the UNP government over succession differences and went on to form another new political party, the Sri Lanka Freedom Party. As was his wont as a Marxist to see trends and patterns in politics, Hector Abhayavardhana saw the breakaways of Chelvanayakam and Bandaranaike, as well as the emergence of Thondaman as the leader of the disenfranchised hill country Tamils, as symptoms of a disintegrating society as it was transitioning from colonial rule to independence.
Abhayavardhana saw the Citizenship Act as the political trigger of this disintegration in the course of which “what was set up for the purpose of a future nation ended in caricature as a Sinhalese state.” Chelvanayakam may have agreed with this assessment even though he was located at the right end of the ideological continuum. “Ideologically, SJV is to the right of JR,” was part of political gossip in the old days. He saw “seeds of communism” in Philip Gunawardena’s Paddy Lands Act. For all their differences, Chelvanayakam and Ponnambalam were united in one respect – as unrepentant opponents of Marxism.
The Four Demands
Chelvanayakam had his work cut out as the leader of a new political party and pitting himself against a formidable political foe like Ponnambalam with all the ministerial resources at his disposal. Chelvanayakam may not have quite seen it that way. Rather, he saw his role as a matter of moral duty to fill the vacuum created by what he believed to be Ponnambalam’s betrayal, and to provide new leadership to a people who were at the crossroads of uncertainty after the unexpectedly early arrival of independence.
He set about his work by expanding his political constituency to include not only the island’s indigenous Tamils, but also the Muslims and the Tamil plantation workers from South India – as the island’s Tamil speaking people. It was he who vigorously introduced the disenfranchised Indian Tamils as hill country Tamils. In the aftermath of the Citizenship Act and disenfranchisement, restoring their citizenship rights became an obvious first demand for the new Party.
Having learnt the lesson from Ponnambalam’s failed 50-50 demand, Chelvanayakam territorialized the representation question by identifying the northern and eastern provinces as “traditional Tamil homelands,” and adding a measure regional autonomy to make up for the shortfall in representation at the national level in Colombo. To territorialization and autonomy, he added the cessation of state sponsored land colonization especially in the eastern province. Chelvanayakam and the Federal Party painstakingly explained that they were by no means opposed to Sinhalese voluntarily living in Tamil areas, either as a matter of choice, pursuing business or as government and private sector employees, but the nuancing was quite easily lost in the political shouting match.
The fourth demand, after citizenship, regional autonomy, and land, was about language. Language was not an issue when Chelvanayakam started the Federal Party. But he pessimistically predicted that sooner or later the then prevailing consensus, based on a State Council resolution, over equality between the two languages would be broken. He was proved right, sooner than later, and language became the explosive question in the 1956 election. As it turned out, the UNP government was thrown out, SWRD Bandaranaike led a coalition of parties to victory and government in the south, while SJV Chelvanayakam won a majority of the seats in the North and East, including two Muslims from Kalmunai and Pottuvil.
After the passage of the Sinhala Only Act on June 5, 1956, the Federal Party launched a political pilgrimage and mobilized a convention that was held in Trincomalee in the month of August. The four basic demands were concretized at the convention, viz., citizenship restoration for the hill country Tamils, parity of status for the Sinhala and Tamil languages, the cessation of state sponsored land colonization, and a system of regional autonomy in the Northern and Eastern Provinces.
The four demands became the basis for the Bandaranaike-Chelvanayakam agreement – the B-C Pact of 1957, and again the agreement between SJV Chelvanayakam and Dudley Senanayake in 1965. The former was abrogated by Prime Minister Bandaranaike under political duress but was not abandoned by him. The latter has been implemented in fits and starts.
The two agreements which should have been constitutionally enshrined, were severely ignored in the making of the 1972 Constitution and the 1978 Constitution – with the latter learning nothing and forgetting everything that its predecessor had inadvertently precipitated. The political precipitation was the rise of Tamil separatism and its companion, Tamil political violence. Ironically, Tamil separatism and violence created the incentive to resolve what Chelvanayakam had formulated and non-violently pursued as the four basic demands of the Tamils.
After his death in 1977, the citizenship question has finally been resolved. The 13th Amendment to the 1978 Constitution that was enacted in 1987 resolved the language question both in law and to an appreciable measure in practice. The same amendment also brought about the system of provincial councils, substantially fulfilling the regional autonomy demand of SJV Chelvanayakam. The land question, however, has taken a different turn with state sponsored land colonisation in the east giving way to government security forces sequestering private residential properties of Tamil families in the north, especially in the Jaffna Peninsula.
Further, the future of the Provincial Council system has become uncertain with the extended postponement of provincial elections by four Presidents and their governments, including the current incumbents. The provinces are now being administered by the President through handpicked governors without the elected provincial councils as mandated by the constitution. Imagine a Sri Lanka where there is only an Executive President and no parliament – not even a nameboard one. “What horror!”, you would say. But that is the microcosmic reality today in the country’s nine provinces.
by Rajan Philips
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