Are we told truth about new constitution making? – Part 1

Lets discuss about these issues with open mind.  Those who want separate country or those don’t want power devolution please stay away.  This is for those who like to bring our country back.

1) Is it true that federal structure only works in big countries (by size, population,…?)?
Assuming all of you agree that Switzerland is a successful country, Lets compare Switzerland and Sri Lanka.


Read about how Switzerland devolved its power.
https://en.wikipedia.org/wiki/Cantons_of_Switzerland#Constitutions_and_powers

See how many countries are there in the world with less population than Norther & Eastern provinces have.
https://en.wikipedia.org/wiki/List_of_countries_by_population_(United_Nations)


2) Is federal structure a way for secession?
Only Quebec has right to separate by referendum from Canada, which is a federal country. No other states can secede from any federal countries. This right can be given to any states in unitary or federal country. UK is a unitary country but Scotland has right to secede by referendum.

Federalism doesn’t mean secession. Supreme court also rules that federalism is not separatism.

 

Show me a leader who has not supported federalism, Whenever the discourse on Constitution-making came to fore during the past two decades, the bone of contention was the nature of the state with the Tamils wanting a federal mode of governance and the Sinhalese insisting on a unitary state.


3) Is the proposed governor has less power than Indian state governors?
Delhi is not a State. Its national capital territory and administered by center. Even though, the center appointed governor can’t control the elected government of Delhi.

 Relief for AAP: Supreme Court says Delhi lieutenant governor can't act independently - Times of India

India News: In a relief for Delhi’s Aam Aadmi Party government, the Supreme Court on Wednesday ruled that the capital’s lieutenant governor (LG) cannot act indepe

“The courts have stated that a Governor must remember he is not a democratically elected representative, and therefore, he cannot assume powers of a responsible government and act without the aid and advice of the Chief Minister and his Council of Ministers.”

The constitutional courts have stated that a Governor must remember he is not a democratically elected representative.

 

In a landmark judgment today, the Supreme Court upheld the elected government of Delhi and said the real power must be vested with it and not with the Lieutenant Governor. The observations of the three-judge bench led by Chief Justice of India Dipak Misra came as a huge boost for the government of Arvind Kejriwal, which had challenged a Delhi High Court ruling that upheld the Lieutenant Governor as the last word in administrative issues. The top court differed today, saying the people’s will “can’t be allowed lose its purpose”.


President and the Governors are not answerable to any court. However, their actions are under judicial review.
https://en.wikipedia.org/wiki/S._R._Bommai_v._Union_of_India


Even the governors are just nominal head of states, the states want to abolish the post of governor. They already started this request since their parliament election coming in 2019. The main reason is that they withhold the bills passed by their states. Are we ready to remove our governors?


4) Land 
Are Sinhalese expecting Northern & Eastern Provinces to handover their states’ and private lands to foster Buddhism?
Buddhism is under state’s list. If provinces have to handover lands for items in State’s list, what would happen?
Are Sinhalese ready to give their lands to Tamils/Muslims?  Lets say a Sinhala party forms government with support from Tamil/Muslim party.  If they ask land from any province through central government for anything in State’s list, what would happen?  That is why provinces need power over lands.


5) Does Buddhism teach us to discriminate other religions?
Even though Buddhism given foremost place and the government has the duty to foster it, what is that mean by asking to remove the word “can’t discriminate other religions” from the draft constitution?  Isn’t it like giving Buddhism the right to destroy other religions? Its come to genocide at the end.  Is this we want?
Lets give the government the duty to foster Buddhism and allow provinces to select their religious status.  Since North & East say they are secular(not religious or all religions are equal), let them be.


6) Why the request by NPC to establish the chief minister’s fund not granted?

Similar funds already set up in the Southern, Sabaragamuwa and the Uva PCs. The diaspora Tamils were ready to send money to CM’s fund themselves. Now governor goes to other countries to beg for money from them. If you have to get money from diaspora Tamils to develop north, then why the CM’s Fund blocked? To get the credit of development or trying to keep the Tamils slave?

 

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