President Maithripala Sirisena has triggered a constitutional crisis by appointing former President Mahinda Rajapaksa as the new Prime Minister.
According to the 19th Amendment to the constitution, the President does not have powers to remove the Prime Minister, although he has powers to appoint one.
Therefore, there is a viewpoint that President Sirisena has appointed Rajapaksa as the new Prime Minister, without legally removing Ranil Wickremesinghe from his position.
According to the 19th Amendment to the constitution, a Prime Minister cannot be removed in the Nineteenth Amendment, unless a) he resigns from office, or b) ceases to be a Member of Parliament. The dissolution of Parliament can also result in the resignation of the incumbent Prime Minister.
Making a strong statement, Prime Minister Ranil Wickremesinghe told a short while ago that he was still the Prime Minister and the appointment of former President Mahinda Rajapaksa was “unconstitutional”.
Wickremesinghe also added that he would retain the post of the Prime Minister as would not step down from office.
He made this statement after consulting senior Parliamentarians of the UNP and his legal advisors, shortly after the surprise swearing-in of former President Mahinda Rajapaksa.
Commenting on the development, Finance and Media Minister Mangala Samaraweera said, “The appointment of @PresRajapaksa as the Prime Minister is unconstitutional & illegal. This is an anti-democratic coup.”
Related posts:
Video: Mahinda Rajapaksa Sworn In As Sri Lanka’s New Prime Minister
Ryan / October 26, 2018
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/
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nimal fernando / October 26, 2018
It’s the economy stupid!
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In Lanka euphoria is short lived ………. Lankans have short memories.
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Let Mahinda and his merry-men solve the country’s economic problems with the advancing dollar (which is not confined to Lanka) ……… in two months people will want him out ………. unless the Rajapakses use their usual thuggery to remain in power …….. usurping the democratic process ……… I suspect this is their master-plan ………. Sirisena is just a dispensable idiot ………always was
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I’m so happy! ……………. love is in the air. ……….. nothing but great days ahead for Lanka
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Dr. Gnana Sankaralingam / October 26, 2018
How can one say that you cannot violate the constitution, when 13th amendment has been violated for the last 30 years by not devolving police and land powers to provincial councils. Crisis brought about by two stupid power hungry fellows MS and MR, gives room for foreign military intervention, to reinstate the legitimate government, because the country that will benefit most by this act is China.
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Mallaiyuran / October 26, 2018
” MS and MR, gives room for foreign military intervention ”
They did know that is possible and that is why they went for the early bird special. They apparently thinks this will deter any military or UN interventions. The games half of the UNP will go there and they will be the legitimate goverment.
They feared Ranil may cookup the constitution with some 19As. Now they will cook up 2/3 on their own. Remember, how Ranil dismissed Mokan Peiris and Shiranee. B.
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Dr. Gnana Sankaralingam / October 27, 2018
Do not rush to make comments. Already USA, West and India have confirmed their support for RW. By now even MPs from SLFP will be touted by them to vote for RW. You will be surprised how the voting will be in parliament to prove majority support. This is why MS has annulled Speaker’s decision to summon parliament.
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PARAGON / October 26, 2018
MY 3 has once again proved his real face.It is good these guys are fighting for power when the country is in real financial mess. POOR singala people very soon WHETHER MAHIANDA OR RANIL THE COST OF LIVING WILL SKY ROCKET VERY SOON-JAYAWEEWA.
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K.Pillai / October 26, 2018
{“Constitutional Crisis With MR Becoming PM: UNP Says Appointment Illegal And Unconstitutional”}
This has not happened – not yet. So why worry?
In any case a big shot is dragged in. Quite a change.
Is this a fake news? Maybe.
If so, who planted it? CT cannot remember.
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K.Pillai / October 26, 2018
Unfortunately the news is not fake.
This will lead to commotions.
Who wins? The one who has the support of the Armed Services and Police.
Why so trigger happy? There is much more to it.
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Native Vedda / October 26, 2018
Ranil
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Hindians are at it again.
The Hindians pursued Chandrika to give ranil a boot in 2004.
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Burt / October 26, 2018
NV:
We know the losers but who are the real winners India or China?
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Native Vedda / October 26, 2018
Burt
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Hindians are good at stirring up things or destabilising this island, aren’t capable of finding long term solutions, void of long term foreign policy, do not seem to have staying power, … they seem to have lost their way, … they have been fire fighting all the time, … and the South Block has an inherent problem, Hidians of the South Block are just proud about being proud about themselves, .. Some say it is the Brahmin who are increasingly involved in destroying Nehru’s old Panchsheel and Gujral Doctrine, ………….
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The Hindians think they are capable of handling China and Pakistan simultaneously knowing full well China would not engage in full scale war with India given that Chinese are not that stupid to destroy everything they worked hard to build over the past 70 years. As far as Hindians are concerned China is over 4000 miles away from Sri Lanka and 20 miles close to India.
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As far as Hindians are concerned Sri Lanka is the Sinhala state of Hindia.
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Hindians believe their engineers are good at Artificial Intelligence while China is good at building Artificial islands.
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Dr. Gnana Sankaralingam / October 27, 2018
“Indians are good at stirring up things or destabilising this island” – absolutely. This was told to me 30 years ago by a Sinhala friend. “India aren’t capable of finding long term solutions” – Wrong. India is capable but it does not want to, as India does not want a prosperous Sri Lanka at its door step. India does not have a long term foreign policy”- again incorrect. Indian foreign policy is based on anti-Tamil racism to placate Sinhalese. Unfortunately for India, Sinhalese are not willing to reciprocate the help by being a vassal state. This approach has put India in this sad state with China creeping in and taking control. If India wants to dominate Sri Lanka they have to have a pro-Tamil policy with stick shown to Sinhalese just like what India did briefly under Indira Gandhi.
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old codger / October 26, 2018
I feel there is much sleep being lost in New Delhi. Give it a week or so.
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Sinhala_Man / October 26, 2018
Stunning development; three guys for whom we have little respect: Ranil W., Maithripala Sirisena, and Mahinda Rajapaksa.
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Yes, this is akin to a coup; but of course it isn’t that.
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Being either too honest, or naive, I’m making this comment now, instead of waiting for tomorrow.
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Question? How do we get rid of all these politicians and get a guy like Nagananda Kodituwakku appointed to lead the country? Somebody who is honest and whom we can trust.
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Burt / October 26, 2018
The only way would be for a military takeover and then appoint a President who could then pick a limited amount of people from within the political circle and outside to run the country like a business entity.
But can you trust the military?
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JD / October 26, 2018
I agree. the only way is what Burt says. That is the only way to Get Sri lanka bck on tracks. Otherwise, It is going to hit the walls as sson as Middle east says AUSTERITY. We need just a war there.
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old codger / October 27, 2018
Burt,
“The only way would be for a military takeover “
VERY bad idea. Our military is drawn from the same yakkos that have ruined this country . You can’t expect anything better because they wear fancy uniforms.
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Kumar R. / October 26, 2018
Sinhala_Man,
“How do we get rid of all these politicians?” – Simple – if the majority truly desire that, vote them out – remember, we are a dec;lared democracy!
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Again, just to re-iterate, it is the responsibility of non-racists SInhalese, if they are indeed in the majority.
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If, conversely, the racists are in the majority, then of the course country deserves what it gets – by definition of democracy.
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The worst of sins is if in fact the non-racists are in the majority, but are just reluctant to do what needs to be done, and are happier doing noting except some superficial comforting words and prayers for devine intervention. Then Good luck — you too get what you effectively deserve, I suppose that too should be counted as God’s will!
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Yehiya / October 26, 2018
This is MS government what ever things he an do. People mandate is with MS. Ranil not done any things to party members. But democracy died again. Very shame of history
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Doratupala / October 26, 2018
The two buddies are gaily concurring!
:)
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vis8 / October 26, 2018
If you want to be PM… hold elections and let people decide… Barking wont help.
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Naman / October 26, 2018
It is not right to appoint a new PM, while there is already one holding a post. This is a back door entrance to Temple Trees!!. Why not include the TNA in the new cabinet?
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thrishu / October 26, 2018
Well, it all depends on to whose orders and instructions the security forces commanders would respond. It states above, if the former coalition government of SLFP and UNP has collapsed, then clearly the former PM too has fallen into the sink hole. Amongst politikkos no one loves the country, they only love themselves. Down with the lot.
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Native Vedda / October 26, 2018
Ranil
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Hindians are at it again.
The Hindians pursued Chandrika to give ranil a boot in 2004.
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When did the horse trading start?
Did Sirisena have appa (hoppers) again?
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Matilda Ellepola / October 26, 2018
Imagine how much Chinese money was thrown away to get those UNP rogues MPs.
This country can go in only ONE directions and its Downwards !!!
Good we have Trump and Modi to check this Sira and Mara Drama and western countries will come against this Chinese bribes.
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Ayathuray Rajasingam / October 26, 2018
Ranil be aware that some sabotage is taking place. Your assertion is absolutely correct. People will not have faith in Mathiripala Sirisena. I think the Supreme Court will have to declare as to who should be the Prime Minister. As he Constitution is the supreme law of the land, Maithripala Sirisena should have consulted the Supreme Court. This is not democracy. The rights of the people are violated.
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hancho pancha / October 26, 2018
MS will dissolve the Parliament while retaining MR as interim PM until the next government is voted in. Bond Sam Ranil will have no chance to get elected as PM nor King.
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Ayathuray Rajasingam / October 26, 2018
hancho pancha,
I have some suspicion whether it is a victory for China. How will India and USA react. Whatever it is, it a violation of the constitution.
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Bacha Abdul / October 26, 2018
Our country is going one way, that is the way down! We have to bear all the consequences.
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Upali Wickramasinghe / October 26, 2018
This may be the push that was needed. This country had been travelling aimlessly through the past 40+ years. The only solution offered by the governments of the post 1977 era was to sell state assets.It did not enter their minds to reform them. We had no policy or planning in place to handle our investments and job creation. Govt appointments are made on the strength of the pressure exerted, not on the need by the nation.Govt owned assets are controlled by directors who are political appointees with no ability to resurrect them. Both major parties are to blame.
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Banda / October 26, 2018
It is great to see this useless fellow is kicked out unceremoniously. This Lead Salesman’s ( in charge of selling national assets) spree is over. His sales assistants; Malik, Charitha and Paskaralingam must be at the BIA now escaping from Sri Lanka. This change was predicted by many experts. MR must be a Street Smart Rogue but he loves Sri Lanka. Street Smart Rogue is better than the “Impotent Rogue” from the Elite and Sophisticated Circle of Colombo.
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vis8 / October 26, 2018
Well said…. A great decision made by the UFPA to leave the govt to save Sri Lanka.
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Eagle Eye / October 26, 2018
Ban Malik, Charith, Pashkaralingam leaving the country. They are behind the ‘Bond Scam’.
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VELUPPILLAI THANGAVELU / October 26, 2018
MS is not a fool. He is an idiot. Blood is thicker than water, so is party affinity/loyalty. Remember both MS and MR are from the same stock or pedigree. If MS can double cross Mahinda Rajapaksa in 2014 then he can easily double cross Ranil Wickremesinghe in 2018! The Sinhalese have proved one more time than they are unfit to rule the country. Give a friendly divorce to the Tamils so that they can manage their own affairs.
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PARAMESH JOLAD / October 26, 2018
either ranil has to get MR arrested or MS killed or MR has to get Ranil arrested
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Champa / October 26, 2018
Go home, Ranil!
People are done with you, a long time ago.
Guys, Mr. Prime Minister, (I mean, new) make people calm down, ok. No riots or protests on the streets, please. No revenge taking or no fights.
You never encourage violence. You are for peace. But your supporters might not. So, be stern with them, please. I urge you, because you know how UNPers are.
PM’s position is not enough.
President should appoint Mahinda as the Defence Minister, too. And if possible the Minister of Law and Order.
Why Ranil is so agitated? Didn’t he receive a Letter of Termination from Office by the President? :D :D :D :D Check the mail, without crying.
The new Prime Minister of course can assume his duties, as he is duly sworn in.
He is not alone. He has 95 MPs in the Parliament.
If there are any challenges, let’s face it. No big deal.
19A has a few clauses, transferring powers of the Executive President to PM/Parliament. However, it received ONLY 2/3 majority. It was not approved by people through a Referendum. There are certain cases in the 19A which does not require a Referendum, such as; limiting the duration of the Parliament, obstructing its dissolution until it completes 4 1/2 years, etc. In all other instances, the power vested to the Executive President by the 1978 Constitution remains unchanged as it doesn’t give any room to remove/transfer powers of the Executive President “in installments.” In the light of the above, Mahinda Rajapaksa’s swearing in as the Prime Minister is fully agreeable with the Constitution.
By the way, whose idea was this? Just asked. Surely, NOT Mahinda’s.
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Eagle Eye / October 26, 2018
In 2015, when President Sirisena appointed Ranil as PM while there was an elected Government with a PM with a clear majority, Ranil did not say it is unconstitutional or undemocratic.
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Burt / October 26, 2018
Funny Lanka:
I am still the Chief Justice: Bandaranayake
I’m Still The PM – Ranil
LOL
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Fathima / October 26, 2018
Next, will Maithri step down?
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Burt / October 26, 2018
Fathima:
No the Gamarala is not going to step down. The man that promised to abolish that office wants another term. Without this move SLPP would have put forward a candidate for Presidency and UNP will put its own. Gamarala does not even have majority support of the SLFP so by this move he eliminated a SLPP contender and got the total SLFP , BBS and other minor parties to support him.
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Burt / October 26, 2018
The only way would be for a military takeover and then appoint a President who could then pick a limited amount of people from within the political circle and outside to run the country like a business entity.
But can you trust the military?
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Estate Labourer / October 26, 2018
The Rupee will depreciate dramatically over the coming week! The inevitable result of a constitutional crisis. Sirisena is a person who can out-monkey a monkey! His vote base has now dropped from 4% to 0%.
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Muhandiram / October 26, 2018
Obviously, the President is playing his ONLY card to contest again.
The major question is how many UNPers which has 106 MPs will join MR and what will the TNA with 16 MPs do. It is rather unlikely that TNA will want to support MR. It is also unlikely that the JVP with 6 MPs will want to support MR. That means not less than 16 UNP MPs must cross over. How feasible is that?
If MR can’t get that number both he and President Sirisena will have egg on their faces which can hurt both of them in ways hard to imagine,
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Burning Issue / October 27, 2018
I do not think that My3 wants to contest again but wants to safeguard him and family in retirement from the Rajapakas thugs! He simply does not want enimity with MR perpetuated for his own sake!
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Thassim / October 26, 2018
Money bags will change hands. A lot of UNP MPs will take the money and desert Ranil and when they reconvene Parliament he will LOSE the parliamentary vote. Vasantha Senanayake Minister of State and famous Senanayake Walawwa descendent of Dudley S has already pledged his support to MR. Ananda Aluthgamage the UNP MP for Nawalapitiya has already jumped ship. So many Arse Kissers who licked RW and My3 will now run after the new PM. Sinhalaya Modaya Kavun Kanna Yodhaya. What will the US do? Atul Keshap the fat Indian American Ambassador was butting in and helped engineer the 2015 plot. He is gone now. Hilton and Tripleitz the Jewish American lady Ambassdor might try buying back some of them or instigate violence or might just let Sri Lankans sort out their issues. India must have blessed MR already.
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kolla / October 26, 2018
How did Ranil and UNP remove the sitting Prime Minister Ratasiri Wickranayake and CJ Mohan Peiris in 2015 ?
Was that done constitutionally ?
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srilal / October 27, 2018
Kolla ,
PM , Ratasiri Wickranayake ? DM Jayarathna was the PM !
CJ Mohan Peiris was sacked by MY3 the president , got it ?
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