Talk:Constitution of Sri Lanka

Latest comment: 7 years ago by InternetArchiveBot in topic External links modified

Constitution is Unlawful

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The root cause of current crisis in Sri Lanka is at the base of the Constitution. People cannot control public servants. Deep analysis done. Solution given. [1] Solution in Law to Crisis of Sri Lanka



Untitled

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Isn't a simple link enough?

Where to change the Sri Lankan Political Structure?

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Dear Sri Lankan Patriots,


The Constitution is and must be the most superior dhamma for Sri Lanka.

We hear concerns of changing the constitution focused on executive powers, electoral system, etc.

  • Though it sounds nice, I think, it is more important for a new backbone system, that could continuously evolve the constitution over time.
  • We need to stop the practice of copying/ imitating others' political systems for safety, or taking miscalculated risks with no intellectual input.
  • Please start asking the question "WHY?". Why do we really need what we suggest?


  • Let me point out a missing top most independent institution for our country, through a simple well known management cycle:
1. Design      = Parliament Re/Design (Legislate) the Dynamic Constitution
2. Implement   = Executive President is responsible for executing the constitution
3. Monitoring  = Missing? Without data, how else do we control and redesign?
4. Control     = Judiciary controls any diversions with support of Policing and Shaping.

Current situation is just an ad-hog mix and match, without much reasoning.


  • 'Mahinda Chinthana' is a vision of a political party or a person. I am not critical on it; but, such a national vision must come through the Parliament as the legislative body.


  • Also, it is important to understand and stick to the definitions:

Politics : means "influence" for change management. "Desha Palanaya" : means controlling the country. It is not Democracy. Representatives : represent citizens only; and they get elected for parliament by the citizens.

Politics and Representation are what matters in the current democratic system, where assured by our constitution. It must be the Citizens who control their country, not their Representatives.


  • More importantly, what role must the so called 'opposition representatives' play? If they criticize, they must constructively come up with alternative legislation to evolve the constitution.
  • Let me remind that the Constitution is not just an isolated piece of legal work. It is an aggregation of even minor legal matters like case laws and provincial council decisions.
  • Lastly, why do we use the word "ministers" in a democratic society? Ministers are representatives of Royalty and/or religious institutions, and not necessarily representatives of citizens. Royalty prevails with blood line or military powers.
  • It is surprising to see the ruins of monarchy and/or oligarchy structures, unconstitutionally remain within our democratic society. Do not dare justify the ignorance by giving sympathy excuses.


  • Start now, and be responsible in real politics!

This is a summary of an important message I wish to share with my fellow citizens. Please take interest.


  • Herewith, I also present an alternative political structure, different from the core of this article.

Towards Democracy - Sri Lanka - Part 1/2

http://www.youtube.com/watch?v=72PKcsWGhAM

Towards Democracy - Sri Lanka - Part 2/2

http://www.youtube.com/watch?v=dU12ANtClMM

~ Lakshan Bandara

—Preceding unsigned comment added by Fonsidream (talkcontribs) 13:30, 19 July 2010 (UTC)Reply

The constitution of Sri Lanka contradicts itself

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A Republic cannot have democratically elected members.

The election process, its consequences and values of Democracy always contradict with the Republic.

If people in the Republic of Sri Lanka are aware of the distinction, they would never cry for Democracy.

Citizens are the Public Slaves in a Democracy.

 Note: Public slaves own by the State; private slaves own by individuals.
 Abolition of Private Slavery in America was done by submitting their rights to the government as Public Slaves (Citizenship).

2000 August Draft Constitution Bill [2] removed Democracy. — Preceding unsigned comment added by 112.134.208.31 (talk) 00:53, 3 August 2012 (UTC)Reply

Terms in Constitution

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Note: The constitution of Sri Lanka contains no definitions to the terms used.

Republic.

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That form of government in which the powers of sovereignty are vested in the people and are exercised by the "people", either directly, or through representatives chosen by the people, to whome those powers are specially delegated.

NOTE: The word "people" may be either plural or singular. In a republic the group only has advisory powers; the sovereign individual is free to reject the majority group-think. [3]

Democracy.

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That form of government in which the sovereign power resides in and is exercised by the whole body of free "citizens" directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy.

NOTE: In a pure democracy, 51% beats 49%. In other words, the minority has no rights. The minority only has those privileges granted by the dictatorship of the majority.[4]

Republic mixed with Democracy

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The Constitution of Sri Lanka recognizes itself as a republic and sovereignty of people. [5]

1. ... Democratic ... Republic...
2. The Republic of ...
3. In the Republic of ...
4. The Sovereignty of the People shall be exercised and enjoyed ...

The constitution clearly shows democracy in the election process.[6]

4.(e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament, and at every Referendum by every citizen who has attained the age of eighteen years, and who being qualified to be an elector as hereinafter provided, has his name entered in the register of electors.

:Metaphorically, cleaners(citizens) of a company(Sri Lanka) elect the management(executive and legislature), on behalf of it's owners(people).

By mixing democracy into a republic, the constitution of Sri Lanka contradicts itself.


Volatility of Current Government

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Current Government is elected by citizens using citizen/national ID cards (not people) through a democratic process.

Therefore, whoever elected are representatives of citizens, and shall not be representatives of the people of this country; Democracy!

(where all people are not necessarily be citizens and all citizens are not necessarily the people of the republic of Sri Lanka).

People: living, breathing human being(s) with flesh and blood; Owner of the Country.

Citizen: fictional entity (a person) defined under the fictional Constitution;

Democratically elected government lacking people representation, compared to a republic, is so volatile if any people (the owner) wishes otherwise. It has no grounds to exist!

Example: Owner (master) of a company has exclusive rights to reject a management at any time (if not happy with it), when it was elected by the employees/laborers (servants).

Any people (individual) can demolish a democratically elected Government, without the need for people majority, compare to a Republic style elected Government.

Emphasis on the Election process for the stability of a Government. — Preceding unsigned comment added by 112.134.208.31 (talk) 23:19, 2 August 2012 (UTC)Reply

Constitution ignores People of the country

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Citizens described in the constitution are not necessarily, people of Sri Lanka. Includes legal aliens by virtue of registration.[7]

26.(1) There shall be one status of citizenship ...
26.(2) ... such person became entitled to citizenship by descent or by virtue of registration in accordance with the law relating to citizenship.
26.(3) No distinction shall be drawn between citizens... for any purpose by reference to the mode of acquisition of such status, as to whether acquired by descent or by virtue of registration.

Constitution ignores following people (owners of the country who submit as citizens) in the election process:

- Not attained the age of 18 years (example: state of Children under the constitution)
- Not qualified to be an elector (example: state of prisoners under the constitution)
- Name not entered in the register of electors

The Constitution of Sri Lanka ignores sovereign and unalienable rights of people of the country.

Constitution as a Monopoly

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The Constitution of Sri Lanka claims all resources of Sri Lanka constituting a Monopoly Status Government.

No provisions in the constitution as a remedy to respect free men (outlaws or ab+originals to the system) of the country and/or other constitutional systems (not violent to people like LTTE), where competition serves people, better. Monopoly results in oppression.

Example: Indigenous people called Veddas and Buddhist monks, including their property are forced to register in to the system, surrendering their rights by tricking into issuing identity cards for security purpose. [8]

No Restrictions to Kill and/or Harm People

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The Constitution of Sri Lanka as a fictional entity, has no provisions not restrain from killing and/or harming people of the country. Grave concern against unalienable human rights to live.

Note: Laws of Robotics - A robot may not injure a human being or, through inaction, allow a human being to come to harm. [9]

Translation to Sinhala Language & Misinterpretations

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Terms of the Constitution of Sri Lanka translate from English to Sinhala language gives different meanings. Mislead people view about the fictional constitution and People's position as the owner (master).

President

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President => Janadhipathi = Jana(people) + Adhipathi(master)= Master of People

In legal English, constitution defines a society, with positions like President, Secretary, Treasury, etc. President can be a representative of people or a servant. Master of People is an intentional misinterpretation. Current president considered as a king (maha raja), and later addressed as guardian (bhara karu), meaning Nanny when people are in "state of child" in legal English terms.

Example: President say: Although people always disagree when starting new development projects, we ignore their judgement for their own benefit.

The constitution of Sri Lanka defines 9 Governments (Aandu or palath sabha), each headed by a Governor (Aandukaara). President is the head of 9 Governors, in turn, 9 Governments in Sri Lanka.

Act of Parliment

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Act of Parliment => Aknna(Command) + Panatha (Compulsory Law) = meaning a Law as a command by master or King. 

In legal English: Act means acting, where Constitution is the fictional script put on paper or in verbal of a drama.;

Act means Something done or performed; Black's Law Dictionary, 8th Edition

Opposition Party

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Opposition Party => wi(small) + pakshaya (Party) = meaning minority

wi => used in words like widasa meaning small dasas used in zodiac/ horoscopes.

wiruddha => means opposition

Minority does not necessarily be an Opposition in a Republic, where majority decisions are just guide lines to any individual people.

In a Democracy, where laws made by majority are compulsory to citizens, the ignored minority inherit revenge to be the Opposition Party. — Preceding unsigned comment added by 112.134.208.31 (talk) 23:53, 2 August 2012 (UTC)Reply

Private Limited Company

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DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA is the trade name of a private limited company / corporation. [10]

Check status with:

  • www.dnb.com
  • www.businessweek.com

They are reputed websites for company listings all over the word.

Reconfirm using official website of the “Department of Registrar of Companies - Sri Lanka”

  • www.drc.gov.lk
Check "Central Bank of Sri Lanka" 

A private limited company may not have legal obligation to send annual reports to share holders. — Preceding unsigned comment added by Lakshanbandara1 (talkcontribs) 10:09, 28 July 2012 (UTC)Reply


References:

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  1. ^ "Solution to Sri Lanka".
  2. ^ http://www.priu.gov.lk/Cons/2000ConstitutionBill/Constitution_Chapter1.pdf
  3. ^ http://www.1215.org/lawnotes/lawnotes/repvsdem.htm
  4. ^ http://www.1215.org/lawnotes/lawnotes/repvsdem.htm
  5. ^ http://www.priu.gov.lk/Cons/1978Constitution/Chapter_01_Amd.html
  6. ^ http://www.priu.gov.lk/Cons/1978Constitution/Chapter_01_Amd.html
  7. ^ http://www.priu.gov.lk/Cons/1978Constitution/Chapter_05_Amd.html
  8. ^ http://btoptions.lk/serendib/article.php?issue=9&id=196
  9. ^ http://www.lankanewspapers.com/news/2006/12/10410_space.html
  10. ^ http://www.youtube.com/watch?v=OaN9of69cHU

Eighteenth Amendment

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Article 31.2 of the constitution says " elected by people" Article 4.e of the constitution says " elected by citizens" Mahinda Rajapaksa was elected by citizens, not people. Therefore, it is obvious that Mahinda Rajapaksa can run for 3rd term president, even without the need for 18th amendment. People Citizens and Amendment to Constitution of Sri Lanka — Preceding unsigned comment added by 112.135.49.182 (talk) 01:03, 8 November 2014 (UTC)Reply

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