Monday, November 12, 2018

SECURE PEOPLE'S SOVEREINTY IN DEMOCRACY-HATE DICTATORSHIP


SHORT STORIES -1:    SOLIDARITY POWER OF THE SUPREME COURTS
When I was in Australia, one Libyan person became friend of mine, and one day he was talking about the judicial system of Libya.  He explained that, people believe judicial system is corruptive and biased to their personal political impressions and maintained closed relationship with eminent politicians and upper class people.  They were full of  biased for prestige, high positions and promotions, money and property, and so on.  They are less disciplined with human errors.   People reluctant to go to Supreme Courts on any political discrimination, because people believe it will not work.  I explained it as a consequence of inherited slavery bondage rooted in the total social system.  This will push any nation in to hell.   Though I am a Sri Lankan, I explained him the excellent state of the Indian judiciary system.   In Sri Lanka, during early years of last decade the people had no confidence in Supreme Court due to some acts of then Chief Justice.  The judges in the Indian Supreme Courts are highly educated law experts.   They have qualified with post graduate level higher degrees, and have acquainted with higher level law research.  Getting a position in Supreme Court in India is highly competitive, it is not easy.
I gave him a example of such talent, braveness and impartiality of Indian Supreme Court.  Indian Supreme Court concerns about the Dignity of the Nation, not their personal privileges.
“In 1965, then President of India while he was delivering a lecture before Indian Law League, he argued that should he as the President of India always perform his powers, functions and duties according to the advice of the Cabinet of Ministers in India”.   This statement gave high attention to the people of India.  People took this statement to the Supreme Court, and the Supreme Court decided and declared the  President of India should exercise his powers, functions and duties according to the advice of the Cabinet of Ministers as he did up to may in 1965, according to convention.    Later in 1970s, Prime Minister Indira Gandhi amended the Indian Constitution including following sentence:  “President of India in exercising his powers, functions and duties shall act on the advice of the Cabinet of Ministers”.  After that, the problem of that issue was ended.   I attempt to appreciate braveness and wishful wise decisions taken by them making and demonstrating power of the Indian Supreme Court.


SHORT STORIES-2:  LESIONS FROM SRI LANKA CONSTITUTION OF 1972
Morning we were waiting to go to chena.  Amma had sent Morizi to buy sugar and betel stuffs for us and com.  Today he was too delayed to come.   Suddenly he was  running to us talking about something, he was seemed to be fizzled  but few words were heard by Burampi mama.  Burampi mama asked, “Morizi who is mad and crack brained President, who told you all these nonsense”.  Morizi explained what people were talking around the coffee shop this morning. He explained how people gathered at the shop blamed President as he was mad and crack, naming he as “Kundalla” and follower of Samanalio.   “ It is very serious my son, if a President with executive powers become mad and crack brained, it is very serious, everything will be tangled, it is bad time we are getting now” Burampi mama explained everything very calmly.  I had before this heard some people were talking about this issue last evening.  I think I should write something about this issue today.
No any constitution in the nations of this world give powers to Executive President to dissolve the Parliament of the people’s representatives which has come to power for six years, breaking the law of the Constitutions.  The Constitutions include formal [in accordance with rules, customs and convention] and formative[giving or tending to give shape to the prestige of the position] parts in the provisions which includes the formal nature of the powers, functions and duties of the President.   But in Constitutions attempts are made to enact provisions to confederate and come into alliance: formal powers of the President as head executive always confederate with an another body in the executive according to the provisions made  by the Constitution, by its series of proceeding laws in the next chapters.  In the preceding[proceeding] chapters, Constitutions enact rules to control and guide the President advising him how to exercise his formal/formative powers, functions and duties.  These parts of provisions are most important than the provisions with list of the formal powers of the President.  I suggest attention of Supreme Court is needed to this argument.  More valid examples can be drawn from Sri Lanka Constitutions in 1972 and 1978 [including amendments] on the systems of conferring or vesting formal powers to a Head of Executive in a State, and enacting forgoing conditional rules for head of Executive guiding him in which manner he should exercise his powers, provided by the Constitutions.   The President should exercise his powers as indicated and elaborate by the proceeding laws of the Constitution.,,
We can learn a good lesion from Sri Lanka Constitution of 1972.  In this Constitution:

CHAPTER V11
THE PRESIDENT OF THE REPUBLIC
Section:               19. There shall be a President of the Republic Sri Lanka who is the Head of the   State.
                                20. The President is the Head of the Executive and the Commander-in-Chef of the armed forces.
                                21. The President has the following powers and functions:-
                                [a] he declares war and peace;
                                [b] he summons, prorogues and dissolves the National State assembly;
                                [please compare this power with the power of President sited in the Constitution No.33 in the 19th amendment about the power of President to dissolve the parliament. This is only a formal power but it can be guided by another provision in the Constitution giving rules how to exercise this power. Therefore this power mentioned in Constitution No.33 in the 19th amendmend become nominal statement.]
                                You have to follow the powers of President given in subsections [c], [d],[e], [f],[g], and [h] of section 21 of Constitution 1972.
Please follow the massive executive powers vested in the President in sections: 22., 41, 54, 91, 92 [2], 94 [2], 95[1], 96, 98[3], 100, 103, 108, 111, 112, 122, 125[3] of the Constitution of Sri Lanka, 1972.  One can conceive looking at these powers of the President Late William Gopallawa that he was the first executive President of Sri Lanka.  Courts should pay attention to this as this is the nature of Constitutions.   Please note carefully all these executive powers were debaunched or debased by an another sentence given in proceeding section of the Constitution of 1972.  In this constitution Section: 27 enacted that:
Section:  27. The President shall always except as otherwise provided by the constitution, act on the advice of the Prime Minister or of such other minister whom the Prime minister may have given authority to advice the President on any particular function assigned to that minister.
Please note this is the nature of the Constitutions.  Given normal powers to President in a normal declaration in one site of the Constitution become enactive after having the same Constitutions provided decisive rules in provisions showing the manner in which that power should be executed.
I suggest more attention and weight should give to Constitution No.70 which has attempted to control and has reduced the power of President sited in Constitution No. 33 in the 19th amendment.
In accordance with the above vision, concentration and arguing on a single line, neglecting and discriminating the major conceptions and consistency of the all the provisions through the Constitution will lead to grow arbitrary and dictatorship in a country pushing our nation in to hell.  We should not let this to happen again.  This attempt harmfully discriminate proceeding active provisions and laws in Constitution.   This process discriminate and violate the sovereignty of the  people in Sri Lanka and,  I suppose this system should not be practiced pulling nation to dark hell.  We should accept the consistency of any law volume on any issue until have gone through active lines of flow of the base of concepts.
Conceptive and formal expression in establishing a Head of Executive in a state by its Constitution always give guiding rules to the Head of Executive  in a State indicating how he shall exercise his normative powers.  These ruling active provisions giving in a Constitution strictly control president’s arbitrary and personal biased actions against to the sovereignty and democracy of the people in the State.  These guiding rules, laws and provisions in a Constitution of any State control the dictatorship or dictatorial and despotic power of the President securing democracy and sovereignty of the people in a State.  In any country justice system needs to be more rational, powerful, and non-biased with human errors to control the tendencies of a President or a ruler in a state turning and moving towards despotic power overthrowing the laws in the Constitutions.

No comments:

Post a Comment