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Dr. Wijayadasa Rajapaksa speaks about the constitution

ITN News Editor
By ITN News Editor November 10, 2018 19:40

Dr. Wijayadasa Rajapaksa speaks about the constitution

A Press Briefing was held today by the Ministers to explain about the prevailing political situation and the constitutional background.  Minister Wijayadasa Rajapaksa said “when the 19thamendment was introduced there had been many suggestions. Some of the amendments had been challenged in the Supreme Courts. On such thing was the Prime Minister has to be Head of the Cabinet and the Head of the Government.

The Supreme Court observed that and made a determination it is not possible because you cannot encroach the executive powers vested in the President by the constitution. He being the elected President he can exercise that power. He is the Head of the State, he is the Head of the Government, he is the Head of Cabinet and Commander in Chief of the Armed Forces.  Therefore you cannot encroach that powers and as a result we drop some of those proposed amendments and made some necessary amendments during the committee stage.

Though this Article 70 Sub Article 3 refers to the fact that the President has to dissolve the parliament subject to the provisions of Article 70, I saw in the media persons have referred to Article 71. It states that in the event of members of the Parliament Members of the legislature are keen to dissolve the Parliament before the expiry of 4 ½ years period from the date of first sitting. They can pass a resolution with a 2/3rd majority including those who were not present. Then the President is empowered to dissolved the parliament but it is not being exercised as a power purely vested in the President that is at the discretion of the Legislature that is an exception that has been added by the 19th amendment.

In all the other occasions including Article 70 sub Article 5 categorically states that President is empowered to dissolve the Parliament in terms of Article 62 sub Article 2. Article 62 – 2 categorially states President is empowered to dissolve the parliament at any time before the expiry of five years. In addition to that when we reduce the executive powers of the President and those powers were devolved in the constitutional council, independent commissions, cabinet, still this political stability and the defence of the country and the president being the protector of the constitution that we added some additional powers as a result there is one new section which was added in the course of 19th amendment that is article 33 – 2 which was not in the original constitution.

In Article 6  – 33 – 2 C powers to prorogue and  dissolve the  parliament is categorically vested in the President and there are no fraters and it is solely at the desecration of the President. Although the powers are vested in the President normally they don’t exercise those powers without a reasonable cause. When it appears when the executive and the legislature is vested in the President for the purpose of exercising that power there are provisions to appoint a prime minister and a cabinet.

The Prime Minister and the Ministers of the Cabinet are all members of the legislature. When it comes to a stalemate situation or constitutional deadlock the President is obliged to take measures to avoid any conflict situation and political unitability in the country. Therefore he had been compelled to take this decision and dissolve the parliament and to have a clear majority for whatever the political party depending of the choice of the people then he can form a new government and a cabinet. That is why he has dissolve the parliament and he has the power and authority to do that.

ITN News Editor
By ITN News Editor November 10, 2018 19:40
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