Tag Archives: problematic drafting

Utter Constitutional darkness in Sri Lanka. A Sunday Times editorial falls prey

Darshanie Ratnawalli

+++ This article is in the line of interpretation within difficult terrain presented by Gerald Peiris in Thuppahi yesterday as well as Peiris’s earlier intervention on this front elsewhere. Early signs suggest that both Peiris and Ratnawalli may be censored by the Editors of the principal newspapers, but hopefully Colombo Telegraph will be more open to her submission. For the readers to get some sense of the  conflicting interpretations, I append a short list on both sides of the fence. A long list will demand a journey into the year 2019. Text highlighting is by the web editor.

The editorial of Sunday Times, arguably the most prestigious Sunday newspaper in Sri Lanka, stated on 11/11/2018 that “Article 33 (2) (c) which gives blanket powers to the President to dissolve Parliament at his wish” is a provision that “comes from the original 1978 Executive Presidency Constitution.” This is an error when you consider that in our present Constitution, every other provision under 33(2) – 33(2)(A), 33(2)(B), 33(2)(D), 33(2)(E), 33 (2)(F), 33(2)(G), and 33(2)(H) comes from the JR Constitution, while 33(2)(C) is the only provision that DOES NOT.

Such an error in such a reputed source shows in what darkness the public is fighting the battle to find the true Constitution of Sri Lanka. To give the proper context, the relevant paragraphs in the ST editorial must be quoted in full.

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