Friday, January 4, 2013

The latest stage of the Impeachment Saga – an easy one for the Govt. to sort!

I cannot for the life of me understand who, advises the President of Sri Lanka! They must be moronic to the umpteenth degree, as the President takes advice on matters of state and  should NOT act in haste, out of spite, or as a knee-jerk reaction. So anyone with a pea brain of sense would have foreseen the current impasse with regard to the impeachment, and that it would lead to a stalemate.

Remember that we were just reminded, that the Supreme Court can only interpret the law and the Constitution. They CANNOT make law. In that respect Parliament is supreme and should be as it technically reflects the will of the people, though in reality with regards to the two thirds that the Govt. claims it has, is somewhat dubious due to the irregular manner in which democracy has been manipulated.

It is therefore very simple to pass into Law a Bill on the lines prescribed by the Supreme Court, of appointing a quasi judicial court, along with clear rules on how the CJ or Judges of High Courts can be appointed and fired. Of course in keeping with laws of natural justice this Act must be prescriptive in terms of the minimum legal entitlements given to the defense, so that it is NOT open to interpretation and then the CJ can be impeached in accordance with the law of the land with the Supreme Court not being able to intercede, as the Constitution is then no longer open to interpretation as the procedures are set out in LAW and not by Standing Orders, which the Supreme Court judged as mere Parliamentary procedures.

This then will not bring about a dispute into the presumption of Parliament being supreme, as it is always Supreme, in making laws to govern the people. WHAT IS MORE SUPREME THAN THAT? There is no presumption that the Judiciary is overruling the Parliament here. It is merely interpreting the Law and the Constitution, which is its right. There is NO CONFLICT therefore between the different arms of Government.

It is a ludicrous argument to say that Parliament can pass standing orders which are NOT ACTS of Parliament, and say that they govern these procedures. It is ONLY ACTS of Parliament that can be so. SO Just accept this and go on and follow what I have already suggested in my blog post of  December 23rd and get Parliament to vote down the PSC recommendations, by abstaining if they so wish.

A new process can be then be set in motion, firstly by an Act of Parliament to govern the procedures required to impeach a CJ. Once enacted, they can resume their impeachment!  I guess they have no patience for such an approach!!!!

1 comment:

Anonymous said...


does SL have too many lawyers? it seems to me the society is too legalistic but it also seems to me that they're the only "professionals" that have remained in the country as all the others have bolted!