TNA demanded a clarification from Rajapakse’s government over the Supreme Court ruling that the merger of North-East by former President J.R.Jayawardena 18 years ago is ultra-vires of the constitution.

In response to the request by the TNA the Parliamentarians, Prime Minister Ratnasiri Wickremanayake made a special statement on the floor of the House on Tuesday(November 7th) explaining government’s stand on the SC ruling.

The Premier’s statement created confusion rather than clarifying the commitment of the government. Premier Ratnasiri Wickramanayake stated that it is the people living in the area have to decide whether the North-East should remain merged or not. The government or any armed group cannot make a decision on that issue. It should be decided by a verdict at a referendum.

He further stated that the government will not interfere on the functioning of the judiciary. There is no provision in the present constitution to merge two or three provinces into a single unit. He added that although there is provision under Provision 154A (3) of the constitution to temporarily merge by Parliament through legislation, such legislation has not been passed still.

He continued that the LTTE has no right to demand a merger of the North-East. That the LTTE should give up violence and lay down their arms is a pre-condition for the North-East merger under the Indo-Sri Lanka pact.

The question that arises is whether the government intends holding a plebiscite as required by the Indo-Sri Lanka Agreement or de-merging the North-East in compliance with the SC ruling.

If the government intends to hold a referendum, is it constitutional to do so in the light of the SC ruling? If there is an issue of constitutional propriety to do so in view of the SC order, then will the government enact an act for the merger of the North-East?

Immediately after the SC ruling, the UNP, the major opposition party, stated that it was prepared to support any effort by the government to re-merge the North-East by an act of Parliament. Thnere is a possibility to do so in the back ground of an alliance between the ruling SLFP and the opposition UNP.

The statement made by the Prime minister creates confusion instead of clarification on this question of North-East merger.

An English translation of the Editorial in Thinakkural, a Tamil daily, based in Jaffna

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