Tamil Information Centre
User Name:   
Password:   
  Remember Me  
Sign up  |  Forget password
Home   
Search
    Contact us
Constitutional paradox: There is no such thing called Election Commission
Published Date: 13/11/2018 (Tuesday)

By Jayampathy Molligoda

Hold the Parliamentary elections under pre19A

Our Constitution, which was certified by Parliament on 31 August 1978, has 19 amendments; the First Amendment to the Constitution was certified by the Speaker in the same year on 20 November. By the end of 1988, there had been 14 amendments made to the Constitution (within a 10-year period). The most recent amendment was the 19th Amendment which was passed in May 2015.

Chapter V11A of 19A deals with the setting up of a Constitutional Council and few other commissions including the Election Commission. In terms of the Article 41B (6) of the 19 A, all the commissions referred in this chapter, other than the Election Commission, shall be responsible and answerable to Parliament. How come only the Election Commission is not answerable to Parliament? 

Not properly constituted

When perusing the Constitution (vide Article 103), it is evident that the total number of members to the Election Commission has been reduced from five to three. As can be seen from the Article 104(1), the quorum shall also be three numbers. What is more concerning is that the Article 104(2) says that in the absence of the Chairman from any meeting of the Commission, a member elected by the members present from amongst themselves shall preside at such meeting. How can we have a commission consist of two when the quorum is three? These clauses are contradicting with each other. 

In view of the above, it is clear that the Election Commission is not properly constituted. The emoluments of the members of the Election Commission are charged on the ‘Consolidated Fund’ and as citizens, we pay heavy taxes including VAT, NBT, Income Taxes, etc. to meet the cost of the Election Commission, which is not in existence. As a taxpayer, having a PAYE tax file, am I entitled to a refund if a proper claim is submitted? 

Need to go back to pre-19A to hold elections

Another pertinent question that should be asked from the Election Commission is whether they will rectify the inconsistency and contradictory clauses by bringing an amendment to the Constitution. Until it is rectified, it can be argued that there is no such thing called the ‘Election Commission’ purportedly set up under provisions under 19A. (Reductoo qd Absurdum)

In the republic of Sri Lanka, sovereignty is in the people and is inalienable. Sovereignty includes franchise. The 1978 Constitution demands that the franchise shall be exercisable at the elections of the President and of the members of Parliament, and at every referendum. The writer is of the view that this is a serious violation of the people’s sovereignty and the fundamental rights. However, the Supreme Court shall have the sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution.

In the circumstances, the forthcoming Parliamentary elections would have to be held under the pre-19A conditions. There is an imminent infringement of my fundamental rights if they decided to hold the elections under the provisions set out in 19A through the present Election Commission, which is not properly constituted. Am I entitled to go to the Supreme Court in view of an imminent infringement of my fundamental rights under Article 126?

Source: Daily FT

Share on Facebook


 Latest 25 News/ பிந்திய 25 செய்திகள்:
Skeletons of 21 children found in mass grave in Sri Lanka with 'signs of torture' So far 276 skeletons have been exhumed from ‘largest mass grave ever explored on island’
Published Date: 13/11/2018 (Saturday)
K.S. Sivakumaran discusses Lankan Tamil culture
Published Date: 13/11/2018 (Friday)
Sri Lanka\'s UNF expects Wickremesinghe re-appointment, JVP wants \'coup\' leaders punished
Published Date: 13/11/2018 (Friday)
‘Citizens’ as suckers
Published Date: 13/11/2018 (Thursday)
Wheelchair Expedition 'Perseverance' Finished in Point Pedro Challenging 'Challenges in Life'
Published Date: 13/11/2018 (Thursday)
UNP: Purported pact with TNA, forged by SLPP
Published Date: 13/11/2018 (Thursday)
Diasporas as a force in foreign affairs: the case of Tamils in Britain and Canada
Published Date: 13/11/2018 (Thursday)
Life in 'slavery' or as a refugee? Cuban doctors' stark choice in Brazil
Published Date: 13/11/2018 (Thursday)
US lawmaker seeks an end to Chinese debt trap
Published Date: 13/11/2018 (Thursday)
US envoy called upon to exercise diligence - Cabraal
Published Date: 13/11/2018 (Wednesday)
Lanka’s high ageing population, a cause for concern - WHO
Published Date: 13/11/2018 (Wednesday)
Estate workers protest against Thondaman
Published Date: 13/11/2018 (Wednesday)
TNA says its support was conditional
Published Date: 13/11/2018 (Wednesday)
Teach everyone’s history for reconciliation
Published Date: 13/11/2018 (Wednesday)
First comprehensive survey of Sri Lankan art organized by a U.S. museum opens in Los Angeles
Published Date: 13/11/2018 (Wednesday)
New study estimates 500 Tamils disappeared in Army custody in Sri Lanka after surrendering at the end of the war in 2009.
Published Date: 13/11/2018 (Wednesday)
Ancient grape seeds may link Sri Lankan trading port to Roman world
Published Date: 13/11/2018 (Wednesday)
Mannar mass grave: Skeletal remains of 21 children unearthed
Published Date: 13/11/2018 (Wednesday)
HR should be part of daily life – HRCSL Chair
Published Date: 13/11/2018 (Wednesday)
The new arms race: American businesses vs. China’s government money How we outsourced foreign aid to private companies
Published Date: 13/11/2018 (Tuesday)
PM, ministers not removed; only functions suspended: GL
Published Date: 13/11/2018 (Tuesday)
President to appoint new govt. if P’ment undissolved: SLFP
Published Date: 13/11/2018 (Tuesday)
Sri Lanka needs its own leaders
Published Date: 13/11/2018 (Tuesday)
Former DIG Nalaka de Silva further remanded
Published Date: 13/11/2018 (Tuesday)
Investigate President’s claims on bribing MPs-TISL
Published Date: 13/11/2018 (Tuesday)
Donate
Support our work to bring rights to life in any way big or small
 Amount:

Donate using PayPal

Select dates to view
past and future events
<<<Dec - 2018>>>
SunMonTueWedThuFriSat
      1
2345678
9
10
1112131415
16171819202122
23242526272829
3031     
 Stand up for Rights and Justice
Call to Ban Monsanto’s pesticide
Read more...
Take Action
Trump’s child hostages
Set Noura Free -- sign now!
Tamil men accuse continuing torture in Sri Lanka Take a stand against torture and urge UN Human Rights commission for human rights to investigate
Latest Publication
Proto Sumero Dravidian: The Common Origin of Sumerian and Dravidian Languages Conference Report:

Proto Sumero Dravidian: The Common Origin of Sumerian and Dravidian Languages

Read more...

Thiruvalluvar
About us
Site Help
Getting in touch
Other
Facebook Youtube twitter
Sitemap  |  Privacy Policy  |  Terms and Conditions
Copyright © 2018 ticonline.org, All rights reserved.