Reception Invitation Tamil Wordings – Reception Invitation Tamil Wordings
By C. A. Chandraprema
President J. R. Jayewardene and Indian Prime Minister Rajiv Gandhi afterwards signing the Indo-Lanka Accord, which paved the way for the bigoted board system.”Upon the authoritative of a announcement beneath the Accessible Aegis Ordinance or the law for the time actuality in force apropos to accessible security, bringing the accoutrement of such Ordinance or law into operation on the arena that the aliment of capital food and casework is, threatened or that the aegis of Sri Lanka is threatened by war or alien assailment or armed rebellion, the President may accord admonition to any Governor as to the address in which the controlling ability exercisable by the Governor is to be acclimatized …”
(The antecedent commodity blue-blooded ‘The absolutely bare Sixth Amendment’ was appear in The Island on Friday the 12th July)
If one continues the abstraction of the amendments to the 1978 Constitution of Sri Lanka, the 7th Alteration was brought to accomplish accouterment for accretion the cardinal of authoritative and balloter districts. The 8th Alteration was about the arrangement of President’s Counsel. The 9th Alteration was to acclimatize the bacon scales of accessible agents who are not able to be adopted as Associates of Parliament. The 10th Alteration was brought to abolish the claim of a two-thirds majority in Parliament to advance a accompaniment of emergency aloft a assured period. The 11th Alteration was about the administering of the High Court and the ascendancy of the Judicial Casework Commission and the cardinal of board who shall aggregate a bank etc. The 12th Alteration was not enacted. Thus we see that Amendments 7 to 12 were abundantly on housekeeping matters.
It is noteworthy that back the 1978 Constitution was aboriginal enacted, beneath the aboriginal Commodity 155, if a accompaniment of emergency had been in operation for a aeon of ninety afterwards canicule or a aeon of ninety canicule in absolute during six afterwards months, no acknowledgment of a accompaniment of emergency fabricated during the afterwards six months could be maintained for added than ten canicule unless such Announcement was accustomed by Parliament by a two-thirds majority of the accomplished cardinal of Associates of Parliament. It should be acclaimed that this was not aloof two thirds of the cardinal of MPs who may be present on that day in Parliament, but two thirds of the accomplished cardinal of MPs in Parliament – a claim which essentially ups the ante.
In the ambience of the backward 1970s, this accouterment may acquire been a knee-jerk acknowledgment to the emergency aphorism that took abode beneath the Sirima Bandaranaike government. About as the arctic agitator blackmail grew, wiser admonition prevailed and the Constitution was adapted accordingly. Of all the housekeeping Constitutional Amendments, the best advantageous and important one was arguably the Tenth Amendment, which removed the claim for a two thirds majority of the accomplished cardinal of MPs in Parliament to advance a accompaniment of emergency aloft a assertive period.
Look-alikes that are not alike
The Thirteenth Alteration was not commodity that grew out of our clay but was imposed on Sri Lanka by India, which anticipation it was a acceptable accommodation band-aid to the appeal for a abstracted state. The Indian axial government at that time saw itself as the best of Tamil rights in Sri Lanka. So it imposed on Sri Lanka what was declared to be a replica of the arrangement of corruption that was in convenance in India in a ‘one admeasurement fits all’ affectionate of solution. The J. R. Jayewardene government was affected to acquire what the Indians imposed on Sri Lanka beneath blackmail of a fully-fledged assailment of this country. In the backward 1980s, the bearings was such that the Indians would acquire followed through with such a threat. They had at that time not yet tasted the absinthian bake-apple that was to aftereffect from this intervention. Hence this accurate Constitutional Alteration is the one barring area the absurdity cannot be abhorrent on a Sri Lankan government or Sri Lankan political parties. The arrangement of corruption that was imposed on Sri Lanka by the Indians apparently looks like the arrangement in operation in India.
Each Arena in Sri Lanka like the States in India, has an adopted aldermanic anatomy which can accomplish statutes applicative aural that arena in affiliation to the capacity advancing beneath the ambit of the provinces. The admiral of the adopted bigoted councils are, added or less, the aforementioned as the admiral devolved on the Indian states. The three lists of admiral which agree the admiral of the axial government, the admiral devolved to the ambit and the circumstantial admiral that can be wielded by both the centermost and the ambit are modeled on the three lists in the Indian Constitution. The admiral of the bigoted governors are the aforementioned as those of the accompaniment governors in India. As in the Indian states, anniversary arena was to acquire a abstracted badge force with the aforementioned admiral as the Indian accompaniment badge forces. The admiral over acreage devolved to the ambit in Sri Lanka and India are, added or less, the same.
There is alike a accouterment in the 13th Alteration congenital into the Constitution as Commodity 154L for ‘President’s rule’ like in India. Alike the diction of this accouterment in the 13th Alteration is actual agnate to Commodity 356 of the Indian Constitution. If the President, on cancellation of a address from the Governor of the Arena or otherwise, is annoyed that a bearings has arisen in which the administering of the Arena cannot be agitated on in accordance with the accoutrement of the Constitution, the President may by Proclamation- (a) accept to himself all or any of the functions of the administering of the Arena and all or any of the admiral vested in, or exercisable by, the Governor. (b) acknowledge that the admiral of the Bigoted Board shall be exercisable by, or beneath the ascendancy of, Parliament.
Article 353 of the Indian Constitution has a accouterment which states that while a Announcement of Emergency is in operation, the controlling ability of the Abutment shall extend to the giving of admonition to any Accompaniment as to the address in which the controlling ability thereof is to be exercised. A agnate accouterment can be apparent in the Thirteenth Alteration which has been congenital into the Sri Lankan
Constitution as Commodity 154J which goes as follows: “Upon the authoritative of a announcement beneath the Accessible Aegis Ordinance or the law for the time actuality in force apropos to accessible security, bringing the accoutrement of such Ordinance or law into operation on the arena that the aliment of capital food and casework is, threatened or that the aegis of Sri Lanka is threatened by war or alien assailment or armed rebellion, the President may accord admonition to any Governor as to the address in which the controlling ability exercisable by the Governor is to be acclimatized …”
Despite the apparent affinity of the systems of corruption in convenance in Sri Lanka and India, Sri Lanka has been beggared of all the best important safeguards that the axial government in India has adverse the states. The shortchanging starts with the aegis that has grudgingly been accustomed to the Sri Lankan centermost adverse the provinces. In Sri Lanka, President’s aphorism can aftermost alone for a best of one year admitting in India, President’s aphorism can aftermost for up to three years. The important safeguards that are accessible to the Indian centre but bare to the Sri Lankan centermost are as follows:
Safeguards accessible to the Indian Centre
Article 201 of the Indian Constitution: Back a Bill has been anesthetized by a accompaniment legislature, it is presented to the Governor. The Governor can either acceptance to the Bill or assets it for the application of the President. Back a Bill is aloof by a Governor for the application of the President, the President can either acceptance to the Bill or abstain assent. The President may absolute the Governor to acknowledgment the Bill to the accordant accompaniment assembly with his observations and the accompaniment assembly can amend it aural a aeon of six months. If it is already afresh anesthetized by the accompaniment assembly with or afterwards amendment, it shall be presented afresh to the President for his consideration. There is annihilation in the Indian Constitution to say that the President is mandatorily appropriate to acceptance to a Bill from a accompaniment assembly alike back it is beatific to him afterwards actuality anesthetized for a additional time. All that a Accompaniment can do through its Governor is to present a Bill to the President for his ‘consideration’. Acceding to it or not will be absolutely at the acumen of the President. Commodity 201 gives the Indian President the ability to finer veto Bills of accompaniment legislatures.
Some Indian states are abundant bigger than best nation states in the apple and abounding are far bigger than Sri Lanka both in agreement of citizenry and acreage mass. Yet the Indian President has the ability to veto Bills advancing from such ample sub-national entities. In Sri Lanka however, back a Bigoted Governor affluence a statute for advertence to the President, all that the Sri Lankan President is empowered to do is to accredit it to the Supreme Court for a assurance that it is not inconsistent with the accoutrement of the Constitution. If the Supreme Court determines that the statute is connected with the accoutrement of the Constitution, the Governor on cancellation of the Court’s assurance is mandatorily appropriate to acceptance to the statute. Thus, we see that back it comes to acceding or not acceding to bigoted statutes, the Sri Lankan President is, at best, alone a column box.
Article 249 of the Indian Constitution: If the Indian high abode of Parliament the Rajya Sabha has declared by resolution accurate by not beneath than two-thirds of the associates present and voting that it is all-important or expedient in the civic absorption that Parliament should accomplish laws with account to any amount abundant in the Accompaniment List defined in the resolution, it shall be allowable for Parliament to accomplish laws for the accomplished or any allotment of the area of India with account to that amount while the resolution charcoal in force. Such a resolution shall abide in force for a aeon not beyond one year. It can abide to be in force for as abounding years as is all-important provided the Rajya Sabha keeps renewing the resolution annually. It should be acclaimed that this resolution needs to be anesthetized alone in the high abode and not in the Lok Sabha. The 245 affiliate Rajya Sabha is fabricated up of assembly of the Indian states with the cardinal of assembly depending on the admeasurement and citizenry of the state.
It should be acclaimed that the majority appropriate to canyon such a resolution is alone two thirds of the Associates present on that day and not two thirds of the accomplished cardinal of Associates of the Rajya sabha. This accouterment gives the assembly of added states of the Indian abutment across-the-board admiral to advisedly arbitrate to accompany a agitator accompaniment beneath control. The Rajya Sabha has the ability to administer this accouterment to a allotment of India or alike the absolute country if all-important and there is no absolute to the cardinal of years it can be in operation provided the resolution is renewed annually. Commodity 250 of the Indian Constitution: Parliament has the ability to appoint with account to any amount in the Accompaniment List whenever a accompaniment of emergency is in operation. This ability may extend to the accomplished of India or to aloof one accompaniment according to requirement. Commodity 251 of the Indian Constitution stipulates that whenever the Indian Parliament makes laws apropos to capacity advancing beneath the states in agreement of Articles 249 and 250, the law fabricated by Parliament so continued as it is in force, will override any law on the aforementioned amount fabricated by the accompaniment legislatures. In Sri Lanka, if Parliament is to appoint on a amount advancing beneath the ambit of the PCs afterwards the accord of anniversary and every bigoted council, it will acquire to be anesthetized by a two-thirds majority in Parliament. In Sri Lanka this claim does not change alike back an emergency is in operation.
Article 354 of the Indian Constitution: Back a accompaniment of emergency is in operation, the Indian President has complete ability over the admiral of taxation of the Indian states. Thus. he can append or adapt the admiral of taxation accustomed to the states by Articles 268 to 279 of the Indian Constitution. Such a accouterment gives the axial authorities a actual able authority over the states. The Sri Lankan President has no such admiral beneath the 13th Amendment.
There is no bucking the actuality that Articles 201, 249, 250, 251 and 354 of the Indian Constitution accomplish a apple of a difference. If the Sri Lankan President was able to veto any statute anesthetized by the Bigoted Councils, if all the Bigoted Board Associates in Sri Lanka sitting as a academic anatomy (in lieu of a Rajya Sabha) was able to with a two-thirds majority authorise the Parliament to booty over all the functions of a bigoted board in the civic absorption and abide for an broad period, if the acknowledgment of a accompaniment of emergency automatically vested Parliament with the ability to accomplish laws with attention to any accountable advancing beneath the bigoted councils by a simple majority, and the admiral of taxation of the bigoted councils can be automatically taken over by the centermost whenever a accompaniment of emergency is in operation, the accomplished bold would be different. The attitude of the bodies appear the corruption of ability itself would be different.
What we acquire now is a bearings area Sri Lanka is accepted to apparatus the corruption allotment of the Indian arrangement including accepting abstracted badge armament for anniversary province, but afterwards any of the aloft mentioned safeguards. During the aftermost years of the Congress Party government, the abounding accomplishing of the 13th Alteration was a connected appeal fabricated on Sri Lanka. That appeal should acquire been accompanied by an allurement to accept Articles 201, 249, 250, 251 and 354 of the Indian Constitution as well. If a country like India needs such safeguards, how is anybody to altercate that Sri Lanka can do afterwards them? The aloft mentioned Articles of the Indian Constitution are aloof key examples of what is defective in Sri Lanka’s 13th Amendment. There is abundant more. In the antecedent article, we acquire acicular out how defective the Sri Lankan Sixth Alteration is back compared to the Indian 16th Amendment. All these things assuredly add up to a massive Constitutional abortion in SL.
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