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by Uditha Kumarasinghe

The People's Alliance totally rejected the LTTE demand for an interim administration outside the Sri Lankan constitution and warned the Prime Minister that acceding to this demand would put the Government in peril.

"The Prime Minister cannot act illegally or unconstitutionally. If he does so, we will also have to take constitutional remedies," PA Media Spokesman Dr.Sarath Amunugama told the PA weekly media briefing yesterday.

He said" the LTTE Political Chief Thamilselvam on Thursday submitted a very strong demand to the Prime Minister as a pre-condition of their participation in the Tokyo conference that the Premier should give him in writing that he(Prime Minister) will establish an interim administration with powers which will be defined in that letter and will be outside the constitution of Sri Lanka."

"As far as all politicians in this country are concerned, we have taken an oath of allegiance to safeguard the Constitution of Sri Lanka. Ranil Wickremesinghe has also taken oaths on three occasions , once as a member of Parliament, once as a Minister and once as the Prime Minister. He has taken a solemn oath that he will not act contrary to the constitution of Sri Lanka," he said.

This is the basic law of this country. Therefore the Prime Minister cannot agree to any agreement outside the constitution of Sri Lanka. It is indeed very ironic that this very constitution was established by late President J.R.Jayawardene and was fully supported by Ranil Wickremesinghe. So he cannot act outside that constitution, he said.

Amunugama said it is very funny that the Prime Minister who was quibbling about consultation quoting section 44 about the President consulting him about the Development Lottery is now being asked to give away the North and East without any consultation with the President at all.

Under the 13th Amendment, devolution of power has been effected by the Parliament of Sri Lanka. According to a 'five to four' Supreme Court judgement, devolution of power under the 13th amendment was possible with a two third majority and does not need a referendum. This is the law as it stands in this country, he said.

He said: " there is no way that the Prime Minister can change this law without coming to Parliament and going through the normal constitutional procedures for any change. That is simply impossible. He simply does not have the power to go into the areas of further devolution because that will require legislative sanctions through Parliament and certification by the President."

Those are legal options that are available. So there is no way that the Prime Minister can give letters to the LTTE regarding actions either within or outside the constitution. Therefore if he gives such a letter, it will be an outright challenge to the constitution and the Parliament of Sri Lanka and also a violation of oaths that the Premier has taken thrice, Amunugama said.

He said if the LTTE is ready for a federal structure, why are they talking of being outside the constitution.

The PA clearly enunciated that before further devolution or governance arrangements are made, the LTTE must clearly say that it has renounced violence and decommissioning of arms, particularly the long range weapons. "This is the demand of the international community not only the PA," he said.

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