Letters to the Editor

Why should we replace the Constitution?
The Constitution cannot be replaced constitutionally without two thirds of Parliament agreeing and in some instances; this is to be followed by approval at a referendum. An unconstitutionally adopted Constitution has no legitimacy.

To establish legitimacy it has to get the acceptance of all - either voluntarily or through compulsion. It has to be understood that a Constitution has to apply to all within the unit.

The Supreme Court exists within this Constitution and its powers are limited by it. Article 82 (6) of the Chapter on Amendment to the Constitution, which includes repeal and replacement, is clear regarding the changes to the Constitution. Art. 82 (6) -"No provision in any Law shall repeal or replace the Constitution or any provision thereof, or be so interpreted or construed, unless enacted in accordance with the requirements of the preceding provisions of this article.

The words underlined, no provisions in any law shall repeal or replace, or be so interpreted or construed means that the Supreme Court cannot interpret or construe in any other way. (I stand to be corrected if wrong).

In Sri Lanka where already there exists a war for separation by a minority from the majority, attempting to enforce an unconstitutionally adopted Constitution based on the majority would be giving legitimacy to the war.

Adopting an unconstitutional majority-accepted Constitution would have a great impact on international opinion. The question is whether the separatists are insidiously promoting an unconstitutional change of the Constitution.

The present Constitution has functioned for 26 years. Its acceptance has been established, and even if there was a section of the country not accepting it, the present election and Parliamentary representation of those areas has re-established to a degree that acceptance. Why is it absolutely necessary to disturb this situation and encourage separation and increase discontentment in the country?

As the main push to replace the Constitution comes from the SLFP faction of the UPFA, could the SLFP intellectuals present the public with a document on the shortcomings and flaws of the present Constitution and the reasons why they consider that the present Constitution is incurably flawed as to warrant a replacement.

Many ministries, but little efficiency
We are a developing country with a population of less than 20 million. In keeping with our national needs and economic development, a Cabinet of 15 would be ideal.

Sometimes, in order to pay special attention to a particular subject, a separate Minister is appointed-eg when we launched the Mahaweli accelerated programme, we needed a separate Ministry. But maintenance and supervision can come under a Ministry like Agriculture or Irrigation.

For a subject like Education, one Ministry is sufficient. We don't need a separate Minister for Higher Education, Vocational Education, etc. Often when we have too many Ministers subjects overlap.

In the past two decades the size of our Cabinet has been increased only to please more MPs. More Ministers mean, a great deal of other expenses. A large portion of our national expenditure is wasted to satisfy vain ambitions of some people who don't love the country.

It is even sadder that, with all these numerous Ministries we have not got anywhere close to efficiency and effectiveness.

Follow examples from other countries to improve our education
Sri Lanka is one of the few developing countries that laid emphasis on educating its youth early in its nationhood. The country's commitment to education was significant and the introduction of the free education scheme in 1948 saw us reaching an impressive literacy rate of nearly 91%.

But now the education system is politicized and corrupt. Teachers are neglected and find a lucrative trade in giving tuition. In addition to extreme politicization at all levels, lack of co-ordination within the ministry, inefficiency, incompetence and indifference of some officials and principals have caused the slide.

To improve and revive the ailing system of education, a committee of not more than five competent and dedicated persons must be entrusted with the task of studying the present system of school education and suggesting ways and means to bring in beneficial changes. University education can be dealt with separately.

I would like to place on record some salient features that prevail in other countries. The system of administration in education in the U.K. was passed on to the British colonies in Africa especially in the Western region. It will be useful to give the system in brief.

At the end of primary education (Grade 5), students are selected after a common entrance test to be admitted to High Schools in Form One. The grammar schools in the U.K. are known as High Schools in some parts of Africa.

The administration system works as follows: Every High School has a board of governors consisting of (a) Chairman (b) Principal (c) An Officer from the Dept. of Education (d) Two eminent men from the community.

The functions of the board are to emphasise policy, recruit staff, lay down rules and regulations for the smooth functioning of the institution and co-ordinate with the Dept. of Education with regard to allocation of funds.

The tutorial staff is divided with four departments, namely Languages, Mathematics, Science and Social Studies. Each department has a Head who is expected to meet the teachers of his/her relevant subject to exchange views and problems faced by individual teachers.

The four heads of depts. along with the vice principal, the teacher-in-charge of conducting examinations in the school and a nominee of the Principal form the Academic Committee with an elected chairman and a secretary.

Their functions include a review of progress class-by-class, arrangements for conduct of examinations, change of textbooks if necessary and recommendation for the recruitment of teachers called for by the principal.

Each High School has also a Management team, which consists of the Principal as Chairman, the vice-principal, the Academic Committee chairman, prefect of discipline and prefect of games as members.

The functions of the team are arrangements for Prize Day, inter-house activities, inter-school activities, national functions - eg. Independence Day, maintenance of discipline among students, interaction with parents or guardians and decisions regarding school holidays and terms.

The above system envisages the efficient working of the school as far as teaching and other matters connected with it. The system lacks intensive interaction with parents and other members of the community.

In the American system an example is given in a magazine about Montgomery County School in the suburbs of Washington D.C. Here the system is most diverse and successful. The system shows that schooling and education is a co-operative effort of various organizations. Apart from the head and sectional heads, there is the all important office of Superintendent of Schools.

This system facilitates open communication between parents, the community and the school. If there is a cluster of schools the number of Deputy Superintendents may be increased.

With increasing accountability, principals can no longer be satisfied with the day-to-day operations in the school. The above system gives effectiveness to standards in teaching and learning.
C.M.A. Jeffrie
Colombo 6

That blessed day
Trees laden with flowers spray
In Lumbini under the Sal tree in May
Mahamaya the Queen gave birth to thee
On this beautiful Vesak Day

Prince Siddhartha you were named
King Suddodana overjoyed with the babe
An heir I have to rule this land of mine
Kapilavattu a kingdom so great

In the lap of luxury you lived awhile
But felt uneasy with meaningless strife
Life is but only for a while
Is there a meaning deeper to find

There is something more to this life of mine
An old man, a sick man, a corpse and recluse calm
Were seen to change thy restless mind
To find the real meaning of life

This is no life for me in this world he thought
I must find the truth I must indeed
To end all suffering of mankind
This worldly life should be shunned I think

You sacrificed all of what you had
To find the truth and meaning of life
It was a struggle throughout your young life
To achieve what you thought was right

The truth dawned upon you one night
Supreme Enlightenment achieved
The middle path was what was right
Thought you on the full moon Vesak Night

For the rest of your years the philosophy taught
The path of Nirvana to enlighten all beings
Having imparted all the Dhamma known by thee
Announced of your Parinibbhana the end of life

After a meal a severe sickness befell
Amidst your disciples and Venerable Ananada your aide
You bade farewell to this troubled world
On this serene full moon Vesak Night
U.E. Udugama

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