Sri Lanka should not keep on changing from one Constitution to another. The country will become a byword for social instability and political fickleness.
A Constitution is not for a limited time but continues in perpetuity as a document that enshrines all the hopes and aspirations of the people of a country.
Sovereignty is in the people and therefore the people of Sri Lanka with their representatives must decide on a constitutional document once and for all.
It should outline the composition of the Legislative, the Executive and the Judiciary in keeping with the theory of the separation of powers.
Since Ceylon became a colony of the United Kingdom two centuries have elapsed since that association. Over this period of time, the people have got accustomed to many Anglo-Saxon institutions, most important of which is the Anglo-Saxon Parliamentary System.
Many Constitutional Reforms were granted to the people of Sri Lanka, until in 1948 a full democratic Parliament was established in terms of the recommendations of the Soulbury Commission.
Nearing fifty years of independence Sri Lanka had three Constitutions and is getting ready to embark on the fourth Constitution of the Peoples Alliance government.
All previous Constitutions maintained that Sri Lanka is a Unitary State. Unitarianism, Dicey said, is the habitual exercise of Supreme Legislative authority by one central power as opposed to Federalism which involves the division of governmental powers within a country between the central authority and number of states, provinces, cantons or regions. Britain, France, Germany and Italy are unitary states. The USA., Canada, Australia and Switzerland are Federal States.
The objectionable chapter of the proposed People's Alliance draft Constitution is Chapter XV on devolution of legislative powers between the centre and the regions.
There are two lists, one called the Reserved List containing subjects and functions that shall be exercised by the Central government and the other called the Regional List containing subjects and functions devolved to Regional Councils. This is Federalism.
All patriotic people will realise that Sri Lanka should preserve its Unitary nature and devolution can be within a Unitary State.
\The draft Constitution of the People's Alliance government states that the territory of Sri Lanka shall consist of regions, the boundaries re-demarcated on a communal basis.
This will lead to foster and encourage communalism. All former Constitutions considered all people of Sri Lanka as citizens of Sri Lanka irrespective of ethnic origin, to live without borders of separation and thereby safeguarded the unity of the country. This provision of the draft Constitution is derogatory to Chapter V which states there shall be one status of citizenship known as the status of a citizen of Sri Lanka.
There should also be no permanent merger of Northern and Eastern provinces. There are nine provinces and these should remain unaltered, otherwise it will result in communal politics.
It is extremely difficult for a Federal country to prevent a determined region from seceding except by force of arms. No constitutional provisions seem adequate to meet such a situation. Matters will be made easier and rosier than now for the separatists and the terrorists to carry on their onslaught.
The following important subjects are devolved to the regions (1) International borrowing (2) The management and promotion of foreign direct investment, international grants and development assistance to the region. (3) Regional Public Service, Regional Public Service Commission. (4) State land and its alienation. (5) Broadcasting and media including television. (6) Regional Police, Regional Police Commission, law and order. (7) Administration of justice, Regional Judicial Service Commission. (8) Acquisition of private land. The devolution of these subjects is an unnecessary duplication of work for a small country like Sri Lanka.
A welcome or redeeming feature of the draft Constitution is the abolition of the Executive Presidency which is long overdue and the reintroduction of a parliamentary executive composed of a Cabinet, the Chief of which is the Prime Minister.
There is a Constitutional or nominal head, the President who has to act on the advice of the Prime Minister . All these provisions can be incorporated into the 1978 Constitution and an amended 1978 Constitution can be adopted.
First of all, my writing this letter is through goodwill, public interest and with no intention to hurt anyone. I am a foreign student Bhikkhu from a country where ragging has never been heard of.
So, when I first heard of the word 'ragging', I consulted my dictionary. It gave me an unwanted definition: an act of unwelcome, unmerciful unkind and violent treatment. I then asked myself why ragging and being ragged? The following day, one of my lecturers told me that this ragging is normally done by the senior students of the university to freshers when the new academic year starts. I asked what for, he simply said,
'For.... nah.... ah.... nothing. His answer kept me obsessed.
So, some time later, I met a local Bhikkhu from a university, where ragging was also in a high rate and the raggers, if I am allowed to coin a term, are said to be very rough and tough. This Bhikkhu explained to me in a very optimistic manner: 'You know, students of our universities are from all different walks and classes of life. Those belonging to the higher class look at their lower class fellows from a low and not very friendly point. Therefore in order to make a difference and create friendship between them and us, this ragging system had been introduced and carried out. He told me how ragging is put into work, too.
Now, to this monk, friendship among people of difference can be built only through 'ragging'. I have no idea if everyone agrees with this way of thinking. But to me, it is not possible at all as far as the meaning of the word ragging is strongly concerned both in letter and practice.
I asked another lecturer of mine about his past experience of being ragged when he was a student and how he felt about it afterwards. Raising his voice he said, 'I do....n't even want to listen to this again.
I hate them, raggers. Not only do I want to talk with, but even look at them either. I don't want to see them again in my life. They are inhuman and uncivilised.
The recent death of an engineering student from the university of Peradeniya, and the severe physical injury and pain of a dozen others from the same university, the Ampara district and the university of Kelaniya, have led to a very serious resentment and extreme anger by the families of the victims. And as a matter of fact, hadn't there been pacification by the authorities concerned, there would have definitely been an unpredictable de facto blood-shed.
Hence, what friendship has ragging made? Nothing. It has instead triggered only anger, resentment, aggression and sense of revenge. Yet, ragging is going on with nobody to come forward and straightaway put a stop to it. The opportunists have misinterpreted and abused the system to toy and tease those innocent fellows. And yet, no strong action has been taken to prevent or do away with such an inhuman and uncivilised practice. I have no idea if this practice is regarded as something acceptable, but to me and, perhaps, to many, it must be referred to as said. In this world, such human torture systems can be implemented only by Pol Pot, the Cambodian world condemned mass-killer, and his gang, who tortured and then killed millions of the innocent citizens of the world within a period of not more than four years (April 1975-January 1979).
Since its defeat, Pol Pot has been in exile till today, and yet the anger and resentment and the sense of revenge, that it created, is still steaming in the minds and the hearts of the families of his more than 2 million victims.
The point is this. One cannot and never make friendship through unkind and unfriendly treatment. Therefore, let me, as a friend and student, make an honest plea to those friends involved and the authorities concerned to please stop this extreme practice.
The authorities should do away with this or bring it under control before it is too late. This is the 20th century, the century of civilisation. Therefore, one should understand that this kind of uncivilised culture is unwanted, and unwelcome as it will get nowhere, no friendship, but more violence, hatred and enmity between man and man.
Through friendliness only can friendship be achieved, can indifference be distinguished. Violence begets hatred; hatred makes conflict; conflict makes nothing but loss. Neither you nor I want this to happen, do we?
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