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Ill-fated 19A to be laid to rest

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by C.A.Chandraprema 

It has now been officially announced by the government that parts of the 19th Amendment are to be repealed even before a new Constitution is introduced. Our present Constitution has been amended on 18 occasions and not on 19 occasions as the numbering system may lead us to believe. The 12th Amendment is a dud entry and there is no such Amendment in the Constitution. Among the 18 actual amendments that we have had, some are useless like the 6th Amendment which was supposed to stamp out separatism, but has proved to be abysmally ineffective when compared to the piece of legislation it was supposed to modeled on – the 16th Amendment to the Indian Constitution. Some like the 15th Amendment which facilitated the fragmenting of political parties on ethnic and religious lines were counter-productive. Some like the 17th Amendment were ill conceived, confused and even comically tautological, being designed to take powers over high state appointments out of the hands of the politicians and give it to unelected individuals nominated by the political parties in Parliament. But by far the least well thought out Amendment of all was the 19th Amendment. 

Ironically, at this moment when its repeal has been placed on the agenda, the biggest problem in the 19th Amendment which had a serious impact on the day to day governance of the country during yahapalana rule, has become largely irrelevant under the Rajapaksas. The problem most often mentioned with regard to the 19th Amendment was the creation of dual centers of power with the Prime Minister also having a share of executive power. During the five years of yahapalana rule, the effect of these provisions of the 19th Amendment were amplified by the fact that  the President and Prime Minister were leading their own political parties and working to their own agendas. The way the 19th Amendment bifurcated executive power was by article 43 where the President was to have the power to determine at his discretion the number of Cabinet Ministers and the Ministries and the assignment of subjects and functions to such Ministers, but in the appointment of individual MPs to those ministerial positions the President was mandatorily required to act on the advice of the Prime Minister.  

Thus the Prime Minister’s hold on power depended on his role as the effective appointing authority of Ministers. This was all that remained of the attempt made in the original 19th Amendment Bill which had sought to make the Prime Minister the head of the Cabinet of Ministers and to give the Prime Minister the power to determine the number of Cabinet Ministers and the assignment of subjects and functions to them. Such provisions were struck down by the SC on the grounds that they will require a referendum in addition to the two thirds majority in Parliament. All that remained standing was Article 43(2) which said that the President has to act on the advice of the Prime Minister in appointing MPs as Ministers. 

At this moment, because two Rajapaksa brothers hold the positions of President and Prime Minister, and there always has been a fairly well-defined division of labour between them, the country does not feel the effects of this provision. Nobody else other than the Rajapaksa family can run the country effectively while such a bifurcation exists. If the Rajapaksas are defeated at a future election and a different political party captures power, the new President and Prime Minister would be at loggerheads from day one. Ironically the fact that Maithripala Sirisena and Ranil Wickremesinghe were leading two different political parties may have in fact have introduced an element of restraint into the conflict between them because the nomination of MPs as ministers would take place on the basis of formal negotiations between two well defined political parties. However, if the President and Prime Minister were from the same political party, such decisions would be made in a backdrop of intrigue, infighting, and factionalism. Conflict between the number one and number two in the party would not only impact on day to day governance, it could also have serious consequences for the unity of the party concerned as well. What the 19th Amendment did was to make the number one subordinate to the wishes of number two in appointing ministers.

 

A President without portfolio 

Another problem in the 19th Amendment which did not affect Maithripala Sirisena but has dogged President Gotabhaya Rajapaksa from the very beginning is the apparent inability of the President to hold any portfolio under the 19th Amendment. We use the term apparent here because there is no express prohibition in the 19th Amendment on the President holding portfolios. The supposed prohibition is by implication. Before the 19th Amendment, there used to be Article 44(2) in the Constitution which stated that the President may assign to himself any subject or function and shall remain in charge of any subject or function not assigned to any Minister. That provision was dropped when the 19th Amendment repealed and replaced Chapter Eight of the Constitution. There was also a transitional provision in the form of Section 51 of the 19th Amendment Act which stated that notwithstanding anything to the contrary in the Constitution, the person holding office as President on the date of commencement of this Act, so long as he holds the office of President may assign to himself the subjects and functions of Defence, Mahaweli Development and Environment.

The disappearance of the old Article 44(2)  and Section 51 of the 19th amendment Act together are taken to imply that the President now cannot hold any portfolio. If someone poses the question, was the intention of the framers of the 19th Amendment the prevention of Presidents after Maithripala Sirisena from holding cabinet portfolios, the answer will be yes. Then the question that arises is, why was that point not specifically spelt out in the 19th Amendment? One would think that if some party wanted to amend the powers of the President they would do it boldly and up front and not try to do it circuitously and by implication. The reason why a prohibition on the President holding portfolios was not expressly included in the 19th Amendment is probably because the Supreme Court would have struck it down just as they struck down so many other explicit provisions which were meant to reduce the powers of the President.

The SC stated in their Determination on the 19th Amendment that “the transfer, relinquishment.or removal of a power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides the form and manner of exercise of the sovereignty of the people, the ultimate act or decision of his executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and others to whom to such power is given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President.”

Thus this provision to the effect that the President cannot hold a portfolio has been brought in through the back door by implication by arranging for certain provisions to be silently dropped and inserting transitional clauses which suggest that the President succeeding Maithripala Sirisena cannot hold any portfolio, not even the defence portfolio. Nobody knows how this supposed restriction on the President’s ability to hold protfolios would have fared if challenged in the Supreme Court. There is no dispute about the fact that the framers of the 19th Amendment wanted to ensure that no President after Sirisena should hold any portfolio, but is that intention consistent with the Constitution even as it stands after the 19th Amendment?

Even after the 19 A, the Constitution says in article 30(1) that the President is the Head of the State, the Head of the Executive and head of the Government and Article 42(3) states that the President shall be a member of the Cabinet of Ministers and shall be the Head of the Cabinet of Ministers. Furthermore, Article 4(b) states that the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President. This leaves many questions hanging in the air. If the President is the head of the Cabinet and a member of the Cabinet, what is his portfolio? The Constitution does not expressly forbid him from holding a portfolio nor does it specify that he has to be a minister without portfolio. If the President is supposed to exercise power over the defence of Sri Lanka, as Article 4 states, can he do it without holding the defence portfolio?

Under the 1946 Constitution it was specifically stated that the head of the government (the PM) would hold the defence portfolio. Since then every head of government up to 2019 has in fact held the defence portfolio. Some speculate that if this issue of the defence portfolio and the Presidency is raised in the Supreme Court, the likelihood is that the SC would hold in favour of the President being empowered to hold the defence portfolio firstly because there is no express provision against the president holding a portfolio and secondly because Article 4 specifically states that the president is to exercise the power of the defence of Sri Lanka.

 

Undissolvable Parliament

 

The most dangerous aspect of the 19th Amendment is the total prohibition on the dissolution of Parliament until the lapse of four and a half years unless a resolution to that effect is passed by Parliament with a two thirds majority – which unlike the issue of whether the President is entitled to hold portfolios, has been explicitly stated in the 19th Amendment. Before the introduction of the 19th Amendment, Article 70 of the Constitution stated that the President could dissolve Parliament at his discretion. The only restriction on this power was if the last parliamentary election had been held as a consequence of the President having dissolved Parliament at his discretion, he could not dissolve the next Parliament until the lapse of one year from the date of that Parliamentary election. This was obviously a safeguard against the repeated dissolution of Parliament by a President. Under the old Article 70, Parliament could dissolve itself by a resolution passed by a simple majority. If the budget is defated the President may dissolve Parliament but it was not mandatory. However if the Budget was defeated for the second time, the president was mandatorily required to dissolve parliament. 

All that has been changed by the new Article 70 which was introduced by the 19th Amendment. Now, under the new Article 70 the President cannot dissolve Parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting, unless Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of Members (including those not present). This is undoubtedly the most dangerous provision in the 19th Amendment. What will happen to this country if the President is unable to dissolve parliament or to maintain a majority in Parliament? In 2001, President Chandrika Kumaratunga dissolved Parliament when she knew she was losing her parliamentary majority due to defections. A Parliamentary election was held and a UNP government came into power thus ensuring that the country was not left rudderless. After President Gotabhaya Rajapaksa was elected in November 2019, he had to wait only three and a half months before he was able to dissolve Parliament. If he had been forced to wait longer, we would have had a situation where the President of the country did not have a majority in Parliament to govern the country in accordance with the mandate he received.  

Unless the present Article 70 is changed, there will be the looming threat of anarchy hanging over this country like the proverbial sword of Damocles. If some say that the President should not have the discretionary power to dissolve Parliament at any time he wishes as was the case under the 1978 Constitution, then at the very least Parliament should have the ability to dissolve itself with a simple majority the same way it passes most laws in the country. Most importantly, there has to be room for Parliament to be dissolved in the event a no confidence motion is lost by a government in power or a government in power loses the budget thus displaying its inability to govern. To have an explicit provision in the Constitution which makes it impossible for Parliament to be dissolved even in such circumstances, is to court disaster. Even if the President is vested with the discretionary power to dissolve Parliament, no President will take such a decision lightly. 

During the entire duration of the 1978 Constitution, the President’s power to dissolve parliament was misused in an obvious way only when President Chandrika Kumaratunga dissolved Parliament in 2004. That single instance of abuse was the reason why this prohibition on the dissolution of Parliament was brought in. Firstly, you cannot formulate constitutions on the basis of knee-jerk-reactions. Secondly, even if the President’s powers over the dissolution of Parliament are restricted, the constitution has to be flexible enough to allow the dissolution of Parliament on the basis of events taking place within Parliament such as when governments lose no-confidence motions or are unable to get budgets or statements of government policy passed.

 

Questionable Constitutional Council 

The Constitutional Council is a centerpiece of the 19th Amendment. In fact the Constitutional Council and the so called independent commissions that went with it was the main feature of the 17th Amendment that was passed in 2001. For two decades, the foreign funded NGOs in Sri Lanka have been obsessed with the idea of taking power away from the elected representatives of the people and appropriating it for themselves. The prevailing view being that the elected representatives on both sides of the political divide could not be expected to do the right thing when it came to making important state appointments. When the 19th Amendment was passed, stiff resistance by the UPFA managed to keep the number of non-Parliamentarians on the ten member Constitutional Council at three instead of the originally intended five. Even though the number of outsiders was kept at three, due to the manner in which the yahapalana government and yahapalana opposition colluded with one another in stuffing the CC full of yahapalanites, all the independent commissions and other positions with some rare exceptions were filled with pro-yahapalana appointees and a considerable number of them were from the foreign funded NGO community. 

The whole thing was a disaster from the beginning with some of the officials appointed by the Constitutional Council such as the former IGP proving completely unsuited to hold that position. Prof. Ratnajeevan Hoole who was appointed to the Elections Commission would certainly have been suited for some other high office but not that of a member of the Elections Commission. The biggest failure of the Constitutional Councils appointed under yahapalana rule in 2015 and 2018 was that they failed to convince the public that they were politically impartial. The whole purpose of the Constitutional Council should be revisited. Above all else the three non-parliamentarians on the CC should be got rid of. A body made up of MPs from both sides of the divide in Parliament headed by the Speaker so as to bring some collegiality into the process of making high appointments, would be a less objectionable arrangement.   

The purpose of having so called independent commissions for some purposes should be reconsidered. The Police Commission for example, was set up so that the appointment, promotion, transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police, would be vested in the Commission. However, the Commission was mandatorily required to exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the Inspector-General of Police. Was this just a case of making more complicated a function that was best left to the head of the institution – the IGP – in a straightforward manner? The police have a function to perform as a collective entity and can they afford to be hamstrung by an external bureaucracy imposed upon the institution?  

There is a constitutional requirement that one member of the Elections Commission has to be a retired senior member of the Elections Department. There is a dire need to ensure that the other two members of the Elections Commission are selected only from among senior members of the public service with over 25 years of experience of serving under various governments. Such individuals would be much less inclined to politicize the Elections Commission the way Prof. Ratnajeevan Hoole did, at enormous cost to the credibility of the commission he served on. Some sections of the 19A are to be dropped while others are to be retained according to the announcements made by members of the government. Actually, there’s more that needs to be dropped than retained!

 



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The Run-Up To The General Elections of July 1977

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Sri Lanka Cabinet Ministers of 23 July 1977

The General Elections were drawing near. There was concurrently a disturbing trend manifesting itself. A vociferous group were demanding that the elections be postponed for a further period, because the government was unable to complete its “progressive” social and economic programme, due to reasons beyond its control such as the insurgency of 1971. the oil price hike, the food crisis and so on. These arguments were patently absurd. The government had already extended its term of office by two years consequent to the introduction of the new constitution.

Now, a group of people were orchestrating a campaign for a further extension. At various public meetings where the Prime Minister attended, members of this group raised their voices and demanded a further extension of time. It appeared to take the form of a popular agitation exerting pressure on the government. No doubt, various persons holding similar views would have been speaking to the Prime Minister personally about the same issue. The whole thing seemed well orchestrated.

It was in this context that one day, she asked my opinion about the matter. I replied that I had always spoken absolutely frankly to her on any and all matters, and in the same spirit all I could say was that any attempt to extend the life of the government would be a total disaster, both for herself and the country. I went on to speak about her considerable achievements, as the world’s first woman Prime Minister; probably also as the first woman to be leader of the opposition in a parliamentary democracy, Head of the Non-Aligned Movement; honouredby the ILO, by their invitation to her, to deliver the keynote address at one of their inaugural sessions; honoured by the FAO by the award of the CERES medal in recognition of her personal and successful leadership of the food production drive consequent to the difficulties of 1974/75; honoured by the United Nations by their invitation to her to deliver the keynote address, at the first UN Conference on Women and Development and other achievements.

Then I told her that if elections were not held at the proper time, the position in the country could get unmanageable, and she would face the charge of destroying democracy in Sri Lanka. I had to be hard, because it was evident that many people had created for her, some kind of fantasy world, and she was getting confused. As was customary, she listened to what I had to say with grace and thanked me for being candid. Then she said, “l have asked WT also, and he said the same thing.”

That was the Prime Minister. She was always prepared to listen to different views, after which, she made up her mind. The dose of reality administered by WT Jayasinghe and myself, two public servants who had nothing to do with politics, would no doubt have helped her to take the final decision of holding elections.

Dealing with political personalities

Before I get to the election itself, I wish to refer to one or two other matters. One of the more important of these relates to some of the political personalities I had to work with, other than the Prime Minister. These included the Minister of Trade, Mr. TB Illangaratne; Mr. Hector Kobbekaduwa, Minister of Agriculture and Dr. Colvin R. de Silva, Minister of Plantation Industries, among others. My dealings with Mr. Maithripala Senanayake, I will refer to separately.

The fact was, that at some time or other one had to deal with practically all members of the Cabinet, since all of them had some business to transact with the Prime Minister’s Office at various times. Some of the ministers I have mentioned had more to do with us, both because of their seniority and the sensitive and important nature of their portfolios. My policy was equal attention and equal treatment for everyone. The internal politics between them did not concern me; neither did the state of relations between the parties in the coalition.

These were political issues that had to be resolved at other fora. I saw my job as attending fairly and diligently to any request or advice sought. There was a creative element in this, because, knowing the prime minister’s mind on many matters I was at times able to steer ministers and others away from courses of action which could have negative consequences. Therefore, many ministers dropped in to discuss some sensitive matter or sometimes to seek advice how best to handle a given situation with the prime minister.

They knew that they could repose trust in the confidentiality of such conversations. At the same time, when I thought that the prime minister had to be briefed on some developing situation, I always said openly that I would have to do so. In some circumstances, the relevant minister and I. only discussed a suitable approach. I did not view my duty to the prime minister as one entailing the carrying of tales or the retailing of gossip and rumours.

However, whenever relevant, gossip and rumours were checked out, because beneath them could lie some real problems. Occasionally, when something was beyond our competence to check, and if it looked important enough the prime minister was briefed. This approach begot a great deal of trust and confidence, so much so that on one occasion, Dr. Colvin R. de Silva told me that he as well as others in the LSSP were extremely sorry that I would not be available for appointment, when a vacancy occurred in the post of Secretary, in the Ministry of Communications, a ministry then held by Mr. Leslie Goonewardena, a senior LSSP minister. In his booming voice, he paid me the compliment of saying that they were not only looking for a secretary but also “a man.”

Besides dealing with ministers and government personalities, the secretary to the prime minister had also to deal with many opposition personalities. They received the same treatment as anybody else. If a request was valid, one worked to grant it. If in a particular instance, politics were proving to be an irrelevant and extraneous factor, one proceeded to remove it. Sometimes, this necessitated talking to the prime minister, and if she too were inclined to see only the politics, one analyzed the issue and pointed out that politics had no relevance to the issue, and that in her position she had to do the right thing. All this meant extra work and effort, but I considered it as part of a duty that had to be performed.

In this context, I was able at times to resolve genuine problems faced by opposition MP’s and personalities such as Mr. R. Premadasa, Mr. Gamini Dissanayake, Mr. Lalith Athulathmudali and others. My belief was that the prime minister’s office of a country should act fairly and justly on all matters referred to it subject to overall government policy. When the occasion so demanded, my endeavour was to point out that irrelevant or extraneous considerations could not be the foundation of good policy. They could be petty revengeful acts, harassment or abuse of power, but never policy, and it was my firm belief that those at the helm of affairs of a country should always distinguish between these.

All these meant an addition to an already nearly crippling workload. There were even times when one continued to work when one had fever, in order to meet impending deadlines. Indeed, there were a few occasions during the seven years I held this post, that when I eventually reached home in the night my temperature had risen to over 104°F.

(Excerpted from In Pursuit of Governance, autobiography of Dharmasiri Peiris, Secretary to the Prime Minister)

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The Paradox of Trump

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Trump

By Uditha Devapriya

In a fortnight marked by dramatic shifts in US foreign policy, particularly on Ukraine and more predictably on Gaza, the changes being wrought by the Trump administration on its immigration policies should not come as a surprise. Yet immigration policies may become the lynchpin of Trump’s approach to the world and his allies. For it’s not just undocumented migrants, drug peddlers, and criminals who are facing the risk of detention or deportation: it’s also citizens of some of Washington’s key allies, including Germany and France. Most if not all of them have complained of harassment and aggressive interrogations, though US immigration officials have denied such claims.

The question is not how Trump can do the seemingly impossible – balancing between the withdrawal of US foreign aid from countries that desperately need assistance, harsh treatment of visa holders from US allied countries, and his rhetoric of being a peacemaker and a dealmaker on the world stage – but whether, in all seriousness, he wants to do it. The problem with many of Trump’s critics – on both the left and the centre – is that they rationalise his actions as part of a wider agenda, when that may not necessarily be the case. True, there is much more predictability – for better or worse – with his policies now, compared to his first term. Yet while there is much madness in his policies and the way he enacts them, there seems to be no proper, cogent method to them, yet.

The other problem is that Trump is launching a full-frontal assault on several fronts, and to isolate the one from the others would be ridiculous. It is hard to pick and choose because, at one strange level, they are all connected. They are implicitly driven by Trump’s brand of isolationism, in which might is right, big fish eat small fish, and, even in rhetoric, moral standards no longer constitute the weight of domestic or foreign policies. The danger with this approach, at least for the Trump administration, is that US institutions have been so used to the opposite of what they are trying to achieve that it will prove to be difficult if not impossible to see these policies through in the longer term.

The US is regularly promoted as a haven for migrants: it is what constitutes the “American Dream” and what has sustained the myth of the melting pot since at least the late 19th century. For better or worse, that myth has come to be accepted as concrete fact, and for the better part of the last century, it is what propelled US soft power on the world stage. Whatever its faults are, the United States has never been short on exchange programmes, fellowships, scholarships, and other initiatives, all sponsored by the State Department, which projected to the world a positive, benevolent image of that country. True, those among us who read and have read on US foreign policy and history know that there was a carefully orchestrated façade beneath these initiatives, that the US, like other powerful countries, has resorted to power and force in the most dubious of circumstances.

Yet immigration, especially during the Cold War, became a sine qua non of US diplomacy. Successive presidents starting from Truman and Eisenhower used their powers to admit migrants from Communist and other seemingly “authoritarian” states. Kennedy started the Peace Corps and USAID, and Senator Fulbright sponsored arguably the US’s most coveted global scholarship programme. All these developments took place against the backdrop of a never-ending battle of hearts and minds with the Soviets and the Chinese, culminating in the South-East Asian wars of the 1960s and 1970s and the Soviet invasion of Afghanistan in 1979. The latter marked a turning point in the Cold War: it was the beginning of the end for the Soviet Union. Throughout this period, immigration enabled Washington to claim, not unjustifiably, that whatever its failings were, it at least allowed the young and independent-minded from other parts of the world to come in and prosper.

It is too early to say whether Trump will undo in five years what the country built up in 50. But the travel advisories now being imposed by the US’s staunchest allies, including Germany, indicate a turnaround that the world will take time to adjust to. What the last few weeks have demonstrated is the level of resistance to Executive overreach but also the degree to which the Executive can override otherwise independent institutions, including of course the Judiciary. Every other major official, from the president himself to Elon Musk, Marco Rubio, and Stephen Miller, not to mention the White House Spokesperson, have lambasted “radical left” judges for supposedly disobeying Trump’s orders, claiming it to be a usurpation of democracy. This has been especially true of the judiciary’s confrontations with Trump’s deportation policies and detention orders.

Trump is, in all respects, every US liberal’s nightmare. Yet he is the embodiment of the kind of disruptive politics that was bound to take root in Washington, sooner or later. If Trump’s first term indicated anything, it was that the Democrats need to shield themselves more proactively against the possibility of a second term. In this, however, they failed, partly because of their own willingness to go tough and swing to the right on many issues that Trump officials are doubling down on.

The Democrats now face the unprecedented dilemma of either opposing Trump, especially on issues like immigration, or being depicted by the right-wing press, and Trump’s acolytes, as evil incarnate. Chuck Schumer’s response to this problem was to support the Republican funding bill. If at all, such developments suggest that Democrats are still not awake to the possibilities of an unhinged Trump presidency, and that when they do wake up, it may be too late – both for themselves and the rest of the world.

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More parliamentary giants I was privileged to know

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Lalith Athulathmudali

Lalith Athulathmudali served Parliament for over 14 years as the UNP MP for Ratmalana. He held several important ministerial portfolios. Among these were Minister of Trade and Shipping, Minister of National Security, Deputy Minister of Defense, Minister for Agriculture, Food and Cooperatives as well as Minister of Education and Higher Education.

I initially came to know Lalith as a student at Royal College , though he was a few years younger to me. At Royal he shone exceptionally winning many of the College prizes and excelling in sports, especially athletics. His father Don Daniel Athulathmudali was a Barrister-at-Law and served in the First State Council (1931-1935).

1 distinctly remember his father attending the Royal College prize giving to see his son winning so many prizes and saying that he was keen to send him to Oxford. After his college education he went up to Oxford University where he excelled in the academic fields and brought honour to himself and his country by being the first Sri Lankan to be elected as the President of the Oxford Union. He became a Barrister-at -Law in the UK. He returned to Sri Lanka and made a mark as a lawyer and lecturer in law here as he had in Israel and Singapore.

Having earned many tributes for his eloquence, he was appointed to the 1977 JR Jayewardene cabinet first holding the Ministry of Trade and Shipping and later other other important assignments including Minister of National Security and Minister of Education. As Minister of National Security and Deputy Minister of Defence he proved his mettle during the height of the war against the LTTE. He was responsible for founding the Mahapola Scholarships which, till today, grants students at state universities substantial financial help to continue their university studies.

August 18, 1987, is a day I will never forget. President Jayawardena was in Parliament to address his party’s parliamentary group meeting. The day ended in mayhem with a grenade thrown into the meeting room. As I entered it after the explosion, Lalith lay on a stretcher but was conscious even though he was bleeding profusely from his back. Later I heard he had been seriously injured by the grenade that was thrown into the room as it had ricocheted off the polished table at which President Jayewardene and Prime Minister Premadasa sat and landed under the chair Lalith was seated in the front row making a hole about eight inches wide in the ground.

Lalith was swiftly taken in the ambulance I had placed outside the Member’s Entrance to the House to deal with any possible emergency via the back entrance to Parliament, to the Sri Jayewardenepura Hospital where he was given immediate medical attention. Lalith had especially requested that his doctor friend Dr. K. Yoheswaran be summoned to attend to him. I knew Dr Yoheswaran well too as my late brother, Nissanka Seneviratne, Professor of Physiology and he had been fellow House Officers at the General Hospital many years back. Moreover, my daughter Shanika had a very close friendship with Dr Yoheswaran’s daughter Dilani from their school days, lasting even up to date though Dilani is now domiciled in Boston, USA.

Dr Yoheswaran, who passed away in his nineties, who I met recently told me that at the Sri Jayewardenepura Hospital, there were three surgical teams with Dr S.A.W. Goonewardane, Dr D. Bandaranaike

Dr Yoheswaran, now 92, who I met recently told me that at the Sri Jayewardenepura Hospital, there were three surgical teams with Dr S.A.W. Goonewardane, Dr D. Ranasinghe and himself specially to cater to soldiers who had received injuries at war time and that not a single soldier had died during his surgical career. Dr Rienzie Pieris was the Hospital Chairman at the time.

On the fateful day , Lalith had been in the OPD on the ground floor and then been moved to the operating theatre. He had recognized Dr Yoheswaran instantly. He had been given a blood transfusion but the doctor had decided that immediate surgery was essential and Lalith had inquired if a local anaesthetic could be given to which he said ‘No’. Dr Suriyakanthi Amerasekera was the Anesthetist on duty that day.

The theatre had been crowded with lots of doctors. The surgery had lasted two or three hours as there had been multiple injuries. A colostomy operation was also done removing his spleen. A few days later I visited him in hospital and found him recovering but still weak. I offered him all the services of Parliament to help him have a speedy recovery . Everyone was relieved that after three weeks in the hospital, fully recovered, he was released to go home. Lalith returned to parliament and contributed to debates with great prowess.

A few months later in October 1987, Lalith had proceeded to the USA for a check up to the prestigious Columbia Presbyterian Hospital in New York. A team of three medical specialists had stated that despite the serious injuries he had received, he was now in robust physical condition. Dr Alan Weiss, Consultant in Surgery had tested him from head to toe and singled out for special mention the Consultant Surgeon who had attended on him, Dr K. Yoheswaran.

With the retirement of President Jayewardene and Prime Minister Ranasinghe Premadasa being elected President, there was disquiet within certain sections of the Government and Lalith was among those whose name came up as one not seeing eye to eye with the new Executive. About a year into his first term in office, in 1991, the country and Parliament were all agog with news of an impeachment motion against President Premadasa.

Amidst these developments, Lalith visited me in my room one day and in the midst of a friendly conversation I asked him, “Lalith, why are you rocking the boat?” Lalith promptly replied, “Why are you asking me? Why don’t you ask your Speaker?” hinting that the then Speaker. M. H. Mohamed was privy to the move to impeach the President.

An illustrious politician’s life was cut short when Lalith was shot by an unknown assassin while addressing a political rally in Kirulapone in April 1993. The name of Lalith Athulathmudali finds a firm place in the records of Sri Lanka’s Parliament.

K.B. Ratnayake

K.B.Ratnayake served parliament for over 19 years starting from 1962. He served as Chief Government Whip, Minister of Transport and Minister of Parliamentary Affairs and Sports. He also served as the Speaker of Parliament from 2

August 25, 1994 to October 2000.

I recall his entry to Parliament very well. Educated initially at Hartley College in Jaffna and playing cricket for that school, he was one of the very rare members who spoke fluently all three languages: Sinhala, Tamil and English. He had a warm personality and during his tenure as Parliamentary Affairs and Sports Minister, he worked very closely with us. It was during this time that a new Act of Parliament was introduced by him which provides all Members of Parliament who have served the Legislature for over five years, a lifelong pension.

This Act is still very much in force and all parliamentarians who have served the Legislature for five years are entitled to a pension. This piece of legislation I may add has come in for some valid criticism as the ordinary public servant is entitled to a pension only when he or she has served 10 years or more in a pensionabloe post.

With his warm personality, Mr.Ratnayake endeared himself to all of us serving in the Parliamentary Secretariat. He invited us to his gracious home in Anuradhapura. His daughter Malkanthi was a very distinguished member of the Public Service until her retirement.

I was also privileged to have joined him in the year of my retirement in 1994 when he led a Commonwealth Parliamentary Delegation to Banff in the Province of Ontario in Canada. His warm and friendly personality has left a lasting impression on those of us who had the privilege to work closely with him.

Stanley Tillakaratne

Mr. Tillakaratne served parliament for over 21 years staring from August 1960. He was Speaker of the House from 1970-1977. 1 had the privilege of associating with him from around the time he first entered parliament as the MP for Kotte and so much more during his long period as Speaker. During his time, he was known to be controversial and sometimes a fiery orator. By the time he assumed duties as Speaker; he had mellowed down and sought my advice and help when rulings had to be given as Speaker.

An incident I remember well involved a ruling that had to be given by him over a controversial matter even though I cannot recollect the exact matter. He insisted that I contact Prime Minister Mrs. Sirimavo

Bandaranaike to ask her what she felt about it before he gives his ruling. I told him this was a matter for those of us in Parliament to tackle but as he insisted, I telephoned the Prime Minister. As Mrs. Bandaranaike came to the phone, I prefaced my remarks saying,” Madam, I am ringing you on the Speaker’s instructions.” She snapped back,” Why are you calling me? This is entirely a matter for the Speaker and you.” And the call ended. So, I reported back to him and after much discussion between us, I drafted a ruling for him.

On a slightly personal level, he once told me to help his wife Chandra over a pension matter. When I spoke to Mrs. Tillakaratne, I found that some unknown person had been forging her signature and collecting the pension due to her. I promptly intervened in the matter and I was relieved when she thanked me for my efforts and said that she was receiving her pension.

During his tenure I was privileged to have been the secretary to a parliamentary delegation visiting North Korea where we met with the country’s elusive leader Kim IL Sung. Stanley invited me often to his ancestral house in Kotte where I used to meet his nephew Dr. Susantha Dharmatillake, a dentist and an old friend of mine.

Gamini Jayasuriya

Gamini Jayasuriya served parliament for over 19 years starting from March 1960, Over these years, he served as Minster of Education, Minister of Health, Minister of Agriculture Development and Research and Minister of Food and Co-operatives.

I came to know Gamini as a fellow Royalist and most of all as the representative of Homagama which was the constituency in which my father was born and cremated. I also had the privilege of knowing his wife Sita Hevawitarana and came to know his son Prasanna and wife quite closely. In Parliament, he was well versed on the subjects he spoke on; was always relevant and spoke with great sincerity.

He came to be known for his uprightness and impeccable honesty and integrity.

I will never forget his very kind gesture when he came to my room to speak with me on a personal matter. My doctor father left for me seven acres of coconut land in Katuwana which was in his constituency which I visited only when plucking was taking place. He called on me to apprise me that the Urban Development Authority had identified this land being owned by an absentee landlord and was intending to acquire this land to establish an industrial zone. He warned me about it even though he did not have to only because of our personal relationship.

A few months later, the land was acquired with a gazette notification announcing the takeover. I could not object to it but when compensation was duly paid to me, I told the UDA that the land of seven acres was grossly undervalued and that I should be paid a higher compensation. The UDA kindly increased the original valuation but it was nowhere near the current market price. However I had to be satisfied with that.

In the year 1987, Gamini took the unprecedented step of resigning from his ministerial portfolio, over disagreements with President J.R.Jayewardene over the Indo-Lanka Agreement of that year. He did not stop there. After a few days, he walked into my room and handed over to me his letter of resignation as MP for Homagama. I recall telling him that though he had resigned from his ministerial portfolio, there was absolutely no necessity for him to resign from his Parliamentary seat. My few words were of no avail though I told him Parliament and the country needed people of his stature, education and above all impeccable honesty and integrity. He thanked me and said he would not change his mind. It was a sad day when he said goodbye to Parliament.

A few years later, Gamini passed away and the country lost a principled politician. He is still remembered as a politician who possessed all these noble attributes.

(Excerpted from Memories of 33 year in Parliament by Nihal Seneviratne)

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