The Committee of Public Representations on the Constitution(CPRC)
I hesitated to write before on the wisdom of writing a new Constitution to
at the present moment, as I am not quite sure of the independence of the Committee
of inquiry. Sri Lanka
However, I send this letter to record my protest on the proposal to write a new Constitution to
at the present time, as
there are others who hold my point of view. Sri Lanka
Further more I believe that the present constitution even with its Article on Executive President is quite a satisfactory Constitution. It would be more so after the removal of the 13th Amendment.
A country should not write a New Constitution each time a new Government is formed by a new Political system coming into power. None of the developed countries in the world resort to that sort of a radical change in a country’s Constitution with a change of a political system.
It is my opinion that the 1978 Constitution should be retained as the permanent Constitution of
making changes to it whenever necessary, by Amendments. Sri Lanka
The 1978 Constitution had stood its ground until 2015, and it would serve its purpose for more years to come. There was criticism in the use of the Constitutional procedure for the impeachment of the Chief Justice in 2013. There was no error in the implementation of the Constitutional procedure for that impeachment.
It was the wrong interpretation, for whatever reason , of the Article 107(3) of the Constitution given by the Supreme Court that raised the contention in the minds of some who were biased against the Previous President that the impeachment was not Constitutional.
However, if it is necessary to write a Constitution to
it should be done under a
popular government of the people. The Yahapalanaya is a wrong word applied to
the present Government. It is for all
intents and purposes a UNP Government
which is determined to carrying out UNP’s own programme without consulting the Parliament or the
people, with a false majority it claims to have. Sri Lanka
I give below the reasons why a new Constitution to
should NOT be written by the present
Government led by President Maithripala
Sirisena: Sri Lanka
1,This Government proposing to write a new Constitution to Sri Lanka is not a National Government as it claims, which according to me is the modus operandi of the present Government to mislead the people of Sri Lanka.
2, There is no National Government in
, as the SLFP and the UNP cannot form a National
Those members of the SLFP including the President Maithripala Sirisena in joining hands with the UNP to form a pseudo National Government has turned their back to SLFP Policies conceived by its organiser S.W.R.D.Bandaranaya, to become a part of the UNP System.
4, Therefore the Yahapalanaya Government for all intents and purposes is a UNP government and not at all a National Government. In that respect too this Government led by Maithripala Sirisena has no right to even conceive the idea of writing a Constitution to
. Sri Lanka
5, No National Government could be formed in
with Ranil Wickramasinghe
as the Prime Minister. He has shown on
several occasions, specially during his Premiership under President Chandrika
Kumaratunga in 2002-2004, that he cannot work in cooperation with any one
without imposing his own arbitrary manner of decision taking. Signing of the CFA
with the terrorist Prabhakaran was a great mistake made by Ranil Wickramasinghe
which caused the lost of thousands of lives. Sri Lanka
The Prime Minister demonstrated his penchant for arbitrary decision taking when he stated recently in Parliament that he will sign the ETCA with
this year even if there is opposition to it.
This government has lost the confidence of the people in its mishandling
of several issues. India
This government has even failed to inform the people of the Sea Bridge Tunnel proposed to be constructed between
India and . This government’s actions lack transparency. Sri Lanka
The Prime Minister and the Finance Minister did not take the correct decision in the interest of the country when they sponsored the USA Resolution against
Sri Lanka presented at the UN Human Rights
Council in . This government has also taken the police powers into its own hands by
appointing a FCID. Geneva
The Judges refuse bail to persons connected to the Previous President who had been arrested by the FCID. This shows that the Judiciary fears to take independent decisions.
6, The Government led by Maithripala Sirisena has acted contrary to democratic norms appointing as the leader of the Opposition a political leader having lesser number of parliamentary seats, when there is another united group of opposition parties which has a much larger number of parliamentary seats. That has been done purely to win over the minorities onto its side, which shows the government’s bias in favour of the minorities.
7, This government has distanced
from its friends who helped in the
progressive and rapid development of the country and taken it into the fold of
the enemies of the Sovereign State of Sri Lanka. Therefore this government if
it is given the responsibility to organise the writing of a new Constitution , will
be influenced by the enemies of Sri
helped the terrorists and prolonged terrorism.
The people of Sri Lanka Sri Lanka
has also the fear that this government may be fooled by the enemies of Sri Lanka to include clauses in to the
Constitution that may change the unitary
status of . Sri Lanka
Under the above conditions the people of
has no confidence in this Government and therefore it is not appropriate a new
is written under the aegis of the present
Government. Sri Lanka
This government cannot be trusted for the preparation of a Constitution to
in keeping with the historical cultural and religious values of . Sri Lanka
Furthermore, it is no secret, and no body can deny that it was the votes of the minorities that assured the election of the President Maithripala Sirisena, and the UNP at the following general election of August,17,2015. Therefore, this government indebted to the minorities –Tamils and Muslims, will continue to take decisions in all maters including in writing the Constitution to please the Tamil and Muslim minorities that voted them into power. Therefore, allowing this government to make preparations for the writing of a new Constitution to
will have dangerous consequences. Sri Lanka
Since the coming into power of the President Maithripala Sirisena on 9 January,2015 he had continued to act in breach of the Constitution of Sri Lanka . Therefore this government led by Maithripala Sirisena has forfeited its right to replace the present Constitution they deliberately breached to serve their own political purpose.
is recognised from its majority, and the Constitution of a should safeguard
the country’s Culture- which is unique to it, its original religion, language
and other national identities such as the National Anthem and the Nation
This government of President Maithripala Sirisena has already mutilated the Sovereignty of Sri Lanka and therefore they cannot be entrusted with the writing of a new Constitution to
. Sri Lanka
I therefore wish to express to the Committee, my strong opposition, and my condemnation of even the proposal by the Present Government of President Maithripala Sirisena and Prime Minister Ranil Wickramasinghe to write a New Constitution to
. Sri Lanka