Who is to impeach the President?

|by Gajalakshmi Paramasivam
(  November 7, 2012, Melbourne, Sri Lanka Guardian) I write in response to Sri Lanka Guardian’s ‘UPR Sri Lanka: India does a summersault – is there deal?
In my mind I asked similar questions when Medical Faculty of the University of New South Wales distanced itself when I challenged the Central Administration of the University and the Federal Government of Australia headed by Mr. John Howard – then the Prime Minister. Given my realistic assessment of my position here in Australia, I kept these questions to myself and worked to register my Truth through the Legal system. Later when their punishments came – I was able to identify with them – some as an Equal outsider and others as part of their group. Through the latter, I  shared in their loss. Through the former they are still attractive to me as my ‘other half’.  This is possible only when I  feel part of  the whole. I learnt that Natural Powers work for those who live close to Truth. Minorities need this more than majority.  Towards this minorities also need to draw the lines of limits of  ‘shown results’  and channel their energies inwards to connect to natural powers – as in meditation instead of  continuing with dynamic dancing that the West is fond of.

Every person who voted in favor of  this Bill without belief in the Constitution and/or without Discriminative thinking – was doing so for their own surface benefits. They have also acted in breach of the Constitution of Sri Lanka and therefore have earned the punishment that they are meting out to Chief Justice Shirani Bandaranayake.

Published in Sri Lanka Guardian is also the letter by Buddhist Clergy  to President Mahinda Rajapakase, regarding the  Impeachment motion against the Chief Justice. They state in that letter:
Lord Buddha when he advised the Lichchavi rulers on “Saptha Aparihani Dhamma” showed as the third “Aparihani Dhamma” “Refraining from introducing laws which were not introduced in the past and following laws already existing without violating them; accepting old ethics of the Vajjins and following them, it will bring them good and they will not be harmed”. In accordance with the above sermon of Lord Buddha, we consider it very important that decisions should be taken with the utmost patience, highlighting justice, drawing the attention of the country, society and nation.’
Included in the signatories is Rev. Davuldena Sri Gnanissarabhidhana. As per the Ministry of Economic Development on the controversial Divineguma Bill (Poverty Elimination Bill – as per my understanding) which led to the Impeachment application against the Chief Justice : ‘Minister of  Economic Development Basil Rajapaksa presented vessels containing vegetable seeds along with mango plant to the Most Venerable Davuldena Gnanissara Maha Nayaka Thera of the Amarapura Maha Nikaya to mark the commencement of the fourth stage of the Divineguma.
The inauguration ceremony of the island-wide national seed planting campaign (2012-2013 Maha Season) began throughout the country on October 25th.The Most Venerable Davuldena Gnanissara Mahanayake Thera’s welcomed the success of the Divineguma programme and expressed confidence that its success would prove a major boost to the national economy.
The Mahanayake Thera’s welcomed the infrastructure development in the country and expressed the hope that the Divineguma programme would bring more relief to the people in future.
As per our recent lesson on Human Values shared with fellow Sri Lankans
‘There are three ways in which we make decisions:
(1)   Through our direct physical observation using our physical  senses
(2)   Through Discriminative thinking
(3)   Through Belief
Observations through senses would give us the right answer for that place at that time – provided  we take a 360 degree view i.e. – from all sides. The net value of  all observers is the right answer for that time and place. This answer however would not work at a different time  and/or at a different place.’
As per the events that we observed – directly and through those in whom we have faith – the impeachment application was preceded by a decision unfavorable to the Government in relation to the Divineguma Bill which was challenged by Tamil political party – TNA. R.K Radhakrishnan of  ‘The Hindu’ reports in this regard ‘Last month, Ms. Bandaranayeke locked horns with the Legislature and the Executive over a Bill that sought to take away some of the powers vested in the Provinces. The Bill places powers to spend about LKR 80 billion on development on a single Ministry controlled by Basil Rajapaksa, a brother of President Mahinda Rajapaksa.
The Tamil National Alliance challenged the Bill, and the Chief Justice held that the Bill had to be approved by all nine Provincial Councils. This created problems for the government as the Northern Province does not have an elected council. The Northern Province Governor gave his consent to the Bill, which was challenged in court. Supreme Court ruled that certain provisions of the proposed Bill required a two-thirds majority to be passed in Parliament.
Political opponents believe that the stand-off over the draft legislation is the reason behind the impeachment move. Democratic People’s Front leader Mano Ganesan tweeted: “Rajapaksa’s cat is out. Regime is impeaching CJ, for ruling against Divineguma bill which is eating up the power share concept…World is calling Rajapaksa to share power. Instead of sharing, he is taking back what is already shared by law.”
My question is ‘How come the Buddhist Clergy who blessed the Bill are now speaking from the ‘other side’?’ As per laws of Nature – we can’t have it both ways at the physical level. If we are using Discriminative thinking as in (2) above – we need to use the path of the Judiciary and therefore comment on the rights and wrongs of  the  Judiciary led by Chief Justice Shirani Bandaranayake in relation to the decision. If on the other hand, we are using our personal belief as per (3) above – then we need to stand by the side we blessed in this issue. Without meaning to be disrespectful – the Buddhist clergy in this instance have confirmed  to have used (1) above – and have taken their observation of the ‘seeds of the Divineguma Bill’ by a Buddhist Government to be representative of  the whole of Sri Lanka.
Article 9 of the  Sri Lankan Constitution states ‘The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).
As per the above – the Buddhist Clergy, by blessing the Bill as presented by One side only has acted in breach of  Articles 9, 10 & 14(1)(e)  of the Sri Lankan Constitution.  Articles 10 and 14 (1) (e) state  respectively:
10. Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.
14 (1) (e) Every citizen is entitled to – the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice or teaching;
By seeking the blessings of the Clergy of Buddhism only and not of  Hinduism, Christianity or Islam, in Public Administration, the  Government of Sri Lanka has acted in breach of Article 9 of the Sri Lankan Constitution.  When I – a member of racial minority here in Australia believed that Mr. John Howard who was then the Prime Minister of Australia – had acted in breach of the principles of Equal Opportunity – to add to the damage to my genuine investment in Racial Equality, I complained against the Prime Minister through the avenue available to me – the Human Rights & Equal Opportunity Commission followed by the Federal Court of Australia. In legal terms I was defeated. But when Mr. Howard was with the President of USA during 9/11 attack – and later lost his seat in the elections, I identified with my own contribution towards these – through the system of  Natural Justice driven by Truth. No Human law is higher than the law of Natural Justice in any issue. Truth always supports and upholds the work of  genuine investors in Truth and therefore Natural Justice.
When I sued the Prime Minister of Australia – I did not have direct and visible proof of breach by the Prime Minister. But due to my own practice of Racial Equality and my belief that I was Australian – I had in my mind – the appropriate Administrative structure under those circumstances. Those Due Processes using affirmative action – would have led to the right answers to uphold racial equality and therefore global harmony.  This is why Lord Krishna said ‘Do your Duty and do not worry about the results’. This meant do your duty as per your belief. One who does her/his duty with belief  including as per the Constitution – is assured of results through Natural Justice for her/his own needs and for the needs of her/his People.
Every person who voted in favor of  this Bill without belief in the Constitution and/or without Discriminative thinking – was doing so for their own surface benefits. They have also acted in breach of the Constitution of Sri Lanka and therefore have earned the punishment that they are meting out to Chief Justice Shirani Bandaranayake.
Like the Buddhist Clergy in Sri Lanka, India has confirmed using method (1) at UN’s  UPR  – despite India’s duty to support Tamils with whom it  shares more cultural and religious beliefs than it does  with the Sri Lankan Government and its votes – the Sinhalese. Those who ‘show’ words and actions for benefits from the outside – would change according to the environment. Hence their ‘blessings’ would not work outside their natural environments.
I learnt through my own experience that leaders within the Australian workplaces who endorsed me privately in our natural environments – did not come forward to uphold that publicly – even though they held higher official positions than I. Hence they did not naturally influence the Prime Minister and his work place relatives  to do the right thing as per Equal Opportunity laws and protect Australia from outside victims. If I had not believed that my actions were needed at the highest National level – my results  would have been as per conscious calculations and or majority influence of my then environment – according to which I would have defeated myself. Even one true believer in an environment is enough to influence Natural Justice at the highest level of that  environment.
In terms of  a Nation’s multicultural activities – Clergy need to invest through Belief rather than Discriminative thinking. This would promote diversity. When we use our conscious thoughts and outer observations in areas where others have invested more deeply in a particular structure / path – we are being disrespectful of  those who have developed that path. It was for this reason that I did not choose the General Administrative path through which to take action against Senior Administrators of the University of NSW and the Australian Government.  Built within that is Belief – especially at lower levels using Due Processes rather than discriminative thinking. Even if I had ‘won’ at the lower levels this would not have benefited Australia as much as my acceptance of Defeat through global laws followed by Lesson Learnt – about the True limitations of the official systems. All those Judges crossed their lines of separation between the Executive and the Judiciary and connected to the  Administrators as individuals.  As per my discovery based belief – so long as I include myself  as an Australian,  I would continue to protect Australians who believe in Australia as a whole – rather than only their section – however major that part might seem. Those who cross the above mentioned line of separation, go into the influence of majority power and abandon discriminative thinking on the basis of common principles. Majority power works only for that time and place. Deeper investors would ‘wait’ and enjoy returns with interest – at a later time in their own natural environment.
Separation of Powers between the Judiciary and the Executive ensures that one does not damage the belief based work of the other.  Hence, the separation – with which comes Equality of status and v.v. Likewise with religions – between each other and between themselves and other paths  – such as Politics and Public Administration.  Buddhist  Clergy have the duty to ensure that all religious leaders are present when the work of other disciplines is being blessed at National level or bless or discipline their own – privately and confidentially as if they are one family. My kitchen for example is a facility to all those who believe in cooking their own food in preference to buying from outside.  But, when they ‘tell’ me to cook  this and that – using their higher  status outside my kitchen – then I take action to ‘put them in their earned position’ if they are juniors and we both know it. Where the other is apparently a senior or equal I  devolve myself’ to my part of the kitchen – thus denying them my  services. This to me is Gandhi’s non-violent non-cooperation. This is how I have now devolved myself to ‘racial minority’ section of Australia in terms of belief based actions at senior level. 
To my mind,  by acting as it  did in relation to the Divineguma Bill which effectively reduces the power of the Provincial Councils – the Sri Lankan  Government has facilitated  the Tamils who believe in their Province s – to enjoy Natural Devolution. If this is to work through Natural Justice – Tamils in North & East have to believe that they belong. Others who believe in such Tamils would be empowered to structure an appropriate secular system. Without that belief – their suggestions are mere ideas and would not be workable by locals.
Belief is easier for those at grassroots level – living close to earth. They naturally empower that area and are empowered by that area. Those of us who emigrate from our places of birth have to strive harder to take our positions in new environments as per our true earnings in our old environments. Often migrants tend to attach themselves to leaders in new environments and thus carry forward their old positions at apparent levels than at truly earned levels as per their conscience. Likewise when one marries into a family of apparently higher status.  Like in rebirth – we need to carry forward only the value of our investment in our old environment – as per our conscience and not as was apparent. The bridging happens through group living until we feel independent as individuals. Once we are independent – we would carry that value to enrich all the environments that we feel part of.
India through its ‘flip flop’ at the UPR  has confirmed that like the Buddhist Clergy in the case of Divineguma Bill – it was in someone else’s kitchen in the Sri Lankan ethnic issue.  We Sri Lankan Tamils need to work on the basis of our own belief and not on who would bring us the high status of independence quickly. Once we believe – we would devolve naturally and work the system of Natural Justice which is Universal and is higher than global systems.
The Lesson Learnt from all this – ‘Don’t show the results of your work by disrespecting the owners who developed the facility/foundation  that you use for your work’.
Article 4 (b) of  the Sri Lankan Constitution states ‘the executive power of the People including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People
As per the Constitution,  the President is responsible for any breaches through these executive powers.

Author: Sri Lanka Guardian

Sri Lanka Guardian has been providing breaking news & views for the progressive community since 2007. We are independent and non-profit.