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NJC slams Sajith’s support for 13A; explains why it should be opposed
View(s):The National Joint Committee (NJC) has expressed disappointment over Opposition Leader Sajith Premadasa’s statements—which he made during his recent visit to India—that he would fully implement the controversial 13th Amendment to the Sri Lankan Constitution when he is elected to power.
In a statement issued by the NJC’s co-presidents, Lieutenant General Jagath Dias (Retd) and Dr Anula Wijesundera, the group said it was “shocked, dismayed, disappointed and disgusted” over the opposition leader’s statement during a private visit to India.
The NJC said it viewed Mr Premadasa’s undertaking as a betrayal, as an insult to the nation, and as highly uncalled for and unbecoming of a sitting Member of Parliament representing the main opposition party.
“The NJC views the 13th Amendment as obsolete,” the statement said, pointing out that the Indo-Lanka agreement, which led to the adoption of the amendment, was signed under duress. It also said that India failed to honour its part of the agreement to disarm the LTTE, and, as a result, the conflict dragged on for three decades, leading to the deaths of tens of thousands of security forces personnel and civilians.
The NJC stated that it deems it pertinent to clarify certain concerns regarding the 13th Amendment for the benefit of the Opposition Leader.
Among the concerns are:
n The Amendment is a threat to national unity and the unitary nature of the state (Article 2 of the constitution) if land, police and administrative powers are devolved.
n The North-Eastern Province chief minister at that time made a unilateral declaration of independence in 1990.
n The amendment would make it all the more difficult for the state to ensure the duty of the state to protect and foster the Buddha Sasana (Article 9) if the subject is devolved or subjected to regional authority.
n Several Supreme Court rulings have held that sovereignty is indivisible, and compromising core powers of the state to peripheral units directly threatens constitutional supremacy of Parliament and national security.
n When the constitutionality of the 13th Amendment was challenged in the Supreme Court, five of the nine judges on the bench held it will not affect the unitary character of the constitution because so much power is vested in the executive president. However, subsequent amendments to the constitution diluted the power of the executive president. Therefore, the 13th Amendment cannot be implemented, as it would adversely affect the constitution.
The NJC also said it would also wish to clarify whether what was stated by opposition leader Premadasa in India was his personal opinion, the SJB’s opinion or his collective party membership’s opinion.
“The NJC upholds and categorically reaffirms its learned position that the divisive, unconstitutional 13th Amendment must be comprehensively reviewed, followed by a referendum for public approval.”
The NJC also urged all political leaders to act in the best interest of the nation and act with responsibility, patriotism and love for the nation and its people without succumbing to any sort of external pressure and manipulation that threatens the sovereignty of the motherland when representing the country locally or overseas.
‘N.J.C calls all patriotic citizens to observe well before pledging allegiance with political parties and politicians who undertake to protect the territorial integrity & sovereignty of Sri Lanka not be agents for foreign nations’, the statement said.
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