7 July, 2020

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Sirisena Dissolves Parliament In Stark Violation Of Constitution

President Maithripala Sirisena has dissolved Parliament, a short while ago, in stark violation of the country’s constitution.

Sirisena, when he signed the gazette announcing the premature dissolution of the legislature, grossly violated the provisions of the 19th Amendment to the constitution – which he architected in April 2015.

Strong arguments have been presented against the dissolution of Parliament saying the President has no constitutional power to do so, before four and a half years into a Parliamentary term, as stipulated by the 19th Amendment.

Commenting on the grotesque illegality of a premature dissolution of Parliament, UNP Parliamentarian Dr. Jayampathy Wickremearatne PC, a co-author of the 19th Amendment said, “The Nineteenth Amendment, which was passed with just one Member of Parliament opposing it, reduced the term of Parliament to five years. Provisions that Supreme Court held required a Referendum were amended or dropped. Article 70 of the amended Constitution restricted the power of the President to dissolve Parliament. It now provides that “the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting, unless Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of Members (including those not present), voting in its favour.” Thus, Parliament can now be dissolved by the President in the first four and a half of years of its term only if 150 Members of Parliament so request by a resolution passed in Parliament. The wording is clear and unambiguous.

Those who argue that the President’s power to dissolve Parliament is unlimited point out to Article 33 (2) (a) which states: “In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power–
(a) …..
(c) to summon, prorogue and dissolve Parliament…”.

It is argued that Article 33 (2) (a) overrides Article 70. Article 33 only declares some of the general powers of the President. The manner in which and the conditions under which that power of dissolution can be used are given in Article 70. That Article states that dissolution shall be by Proclamation. Then it goes on set down the clear limitation that the President cannot dissolve for four and a half of years unless Parliament so requests by a two-thirds majority. Any power that the President claims under Article 33 (2) must not be in violation of express provisions of the Constitution. The words “In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law…” cannot be used to override expressly laid down constitutional limitations on the powers of the President.

Take Article 33 (2) which provides in sub-paragraph (f) that the President has the power “to keep the Public Seal of the Republic, and to make and execute under the Public Seal, the acts of appointment of the Prime Minister and other Ministers of the Cabinet of Ministers, the Chief Justice and other judges of the Supreme Court, the President of the Court of Appeal and other judges of the Court of Appeal, and such grants and dispositions of lands and other immovable property vested in the Republic as the President is by law required or empowered to do, and to use the Public Seal for sealing all things whatsoever that shall pass that Seal…”

Meanwhile, addressing a lawyers’ gathering at New Town Hall, in Colombo, this afternoon, TNA Parliamentarian M.A. Sumanthiran PC said, Parliament cannot be prorogued or dissolved due to the whims and fancies of one individual.

“The Constitution is clear on Parliament being the place to decide who is PM but Parliament is prevented from doing so,” he added.

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Latest comments

  • 30
    8

    The Lunatic President has gone over the edge plunging the country with him. Mayhem it is …………………………………………………………………………………………

    • 11
      2

      Mr. President.
      .
      You have no right to be President any more. Please resign gracefully.
      .
      You got elected only on the basis you will join hands with Ranil to put the country back on track. If Ranil failed, then you failed as well.
      .
      Furthermore, you discarded MR as evil and not worthy of leadership just two years ago. You did that after knowing and working with MR for Donkey’ years. What did you realize in the last two years that made you consider him leadership worthy? If you did, then wasn’t it your own blunder that you mis-assessed him in 2015 as trash politician?
      .
      You have no right to remain at the helm. Kindly do everyone a favour and quit in good faith.
      .
      If not the country will most likely return to mayhem and bloodshed. Perhaps you may save your face and physical safety by putting the country through such a near-term certain bloodshed, all that sin will be in your Buddhist hands and that will be karma at its worst for your entire progeny, even if not for you directly.

      • 5
        0

        Kumar R,

        I believe, Sirisena got direct advice from Dr. Laksiri Fernando who recommended Doctorates to uneducated MaRa and GoTa.

        The other day, in his latest article, Dr. LF wrote:

        “I myself suggested that it might be the best option available (‘Evolving Disaster: Agreeing to call for election might be the best option’). Because people are the supreme and sovereign, and an election could defuse the uncertain situation”.

        Who knows who to trust. All are chameleons !!.

        • 1
          0

          ISN’T THERE A PROBLEM TO GET SUPPLIES FOR NEXT FINANCIAL YEAR?
          No budget estimates passed, or statement of accounts.
          What does the constitution say, of-course it will not be followed or violated to suit the people at the throne.
          Article 70 (7) has provision for the president to reconvene the Parliament to get estimates approved, provided he gets majority.
          If I were President (by judging his behavior during last 2 weeks) and reading Gugh WHITLAM’s Dismissal (written by Paul Kelly 1976 ISBN 0 207 14860 0) I would have allowed the RW group budget to pass, then sack RW, appoint MR to form a govt and dissolve parliament. This is what John Kerr did on 11 Nov 1975.

          • 0
            0

            The answe to my own question above is:

            150. (1) Save as otherwise expressly provided in paragraphs
            (3) and (4) of this Article, no sum shall be withdrawn from the
            Consolidated Fund except under the authority of a warrant under
            the hand of the Minister in charge of the subject of Finance.
            (2) No such warrant shall be issued unless the sum has
            by resolution of Parliament or by any law been granted for
            specified public services for the financial year during which the
            withdrawal is to take place or is otherwise lawfully, charged on
            the Consolidated Fund.
            (3) Where the President dissolves Parliament before the
            Appropriation Bill for the financial year has passed into law,
            he may, unless Parliament shall have already made provision,
            authorize the issue from the Consolidated Fund and the
            expenditure of such sums as he may consider necessary for the
            public services until the expiry of a period of three months from
            the date on which the new Parliament is summoned to meet.

      • 0
        0

        Kumar R

        “You got elected only on the basis ……………….. then you failed as well”

        & vice versa mister.

        Ranil too got elected on the basis of ………………………… then he failed as well.

        That proves what MS did is right because Ranil looted/helped looting CB so how could MS go together with him?

        So more powerful MS sacked him on behalf of people.

        There’s no any sign of blood bath but RW faction expect it to gain sympathy; what a pathetic situation.

        Now there’s a golden opportunity to UNP to contest alone & form strong government without prop support.
        So be thankful to MS for giving the opportunity without crying with the UN, EU,& US, UK etc.

        • 0
          0

          Real Revolutionist,
          .
          MS cum MR Govt failed – MS confirmed that in 2015 when he split
          MS cum Ranil failed, as MS now concede.
          .
          Shouldn’t MS be held responsible for the failures as well?
          .
          Furthermore, what has MR done to now convince that he is good-enough of a leader to get the country back on track, if in 2015, after working closely with MR for donkey’s years MS was convinced MR was mere a trash and evil politician capable of even murdering MS. Now MS wants to project Ranil will muder him.
          .
          Go ahead — continue to support gonibilla stories, but then don’t blame others for screwing up a country.

    • 9
      0

      Trump must follow Sirisens by dissolving the congress now.

    • 4
      0

      Mental instability is the cause of all these political disastrous path taken by MS, .
      MS was not acting soundly, he got carried away by the scheming and plotting by the Rajapakses.
      When a President has lost his intelligence due to power hunger, he teamed up with his master of schemer and his gang who was awaiting for a chance to bury their crimes.
      A perfect opportunity arose with the wavering President who showed signs of NOT IN CONTROL.
      THE CROOKS HATCHED THE PERFECT SCHEME TO PERFECT THEIR PLOT.
      All have been taken for a ride during the past fortnight.

      The President !! has lost it all. My impression is that he’s not Fit to be in power.
      He should be impeached immediately.
      God help! We need the DEMOCRACY put in perspective.
      Failed statesman should be impeached and stripped of the position accordingly.
      INNOCENT people of Srilanka were put in serious danger and instability.
      Thank god there wasn’t any bloody coup.
      But still there appeared some thugs were let lose to cause threats and violence.
      God save my country and US innocent people from MAD MEN AND WOMEN FROM POLITICAL THUGGERY AND DECEPTION.

    • 4
      2

      This ballige putha not only sacked his Premier not respecting constitutional, but also dissolved the parliament albeit he could do so after 4.5 years meaning latest in Feb 2020.

      Now people have lost the faith in President. Courts should react and hang the man by his balls.

      • 0
        1

        Simon Silva

        You’ve scanned through the constitution, that won’t do

        Make an intensive reading.

    • 0
      1

      #Ajay,
      Why does anyone fear elections ? ? any reason another than that they cannot get elected again ? Let people decide, this is the democracy after all .
      All those who call names to President are for this call for fresh mandate are not democrats but people with vested interests.

  • 22
    4

    Constitutional confusion and defeat for his political coup..
    This political coup went wrong .
    Evil political eye hits Sri Lanka ?.
    What a chaos is this ?…
    If you cannot rule leave it with repsct..
    One mistake take you to do more mistakes.
    One lies take you to tell more lies ..
    Now it is clear ..you have made a political suicide by this now ..
    Impeachment is apparent now ..

    • 10
      1

      The MeeharakaTHIRI proved he is a ” political Buuthaya ‘ .. shame on him. MR could have waited patiently for a year so that could have won easily..

  • 29
    4

    The next trump card – Burn the whole place down while playing the Surpina.

    • 0
      1

      Dingiri I couldn’t stop laughing at your comment I am still laughing, Bravo!!!

  • 5
    23

    What is real meaning of term democracy. it should come from the people of this country. As a President , He has enough power to do these action in according to sri lankan constitution. Why previous government brought that 19th amendments to the constitutions that also serious undemocratic action done by the previous government. However. country has become a crucial situation therefore President action can be approved finally. He should be asked from people of sri lanka that what government they need . It is the best decision that go for a general election and people of the country will decide what they need.

    • 0
      0

      why we need constitution & civil laws ? if you aggressive towards me can I kill you without a trail ? or go to the courts and follow the law of the land?

  • 22
    3

    This is an acknowledgement by My3 and the illegal PM that they don’t command a majority…..the country is heading towards a dictatorship.
    Await a coup from Mahinda? after all he is behind all this advise?

  • 15
    1

    THE MUSICAL CHAIR-KILLING FIELDS-AND POLITICAL FIRE WORKS AND CARNIVAL HAS BEEN DECLARED MY3.SINCE THE LAW AND ORDER MINISTRY IS UNDER MY3.What party he will support.whether it is SLFP-OR SLPP.what is going to happen to the first time elected parlimant members.will they get their PENSION or LOOSE the same.good lesson for eastern PLOTE FROG IN THE WELL VIYALENDRAN.will he get the promised 20 MILLION FROM BASIL.if not he can claim the money from THE BROKER MINNAL RANAGA.The kudu kings and addicts will earn good money by pasting posters and removing posters.KASSIPU DEALERS WILL HAVE A GOOD TIME-JAYAWEWA.

  • 9
    12

    When ranil appointed Lal Wijenayaka constitutional committee totally jettisoning sinhala majority ‘s views where was the so-called democracy?

  • 19
    5

    Gamaral giving fullest support to UNP…at this point everyone see lose point for UNP but end of the elections the winner will be RW… voters will aggressively vote against My3 candidates that will turning point for UNP

    • 3
      0

      G. Banda,
      People will vote UNP,….but Ranil ?? Dont be so sure. Is he not responsible for bringing in a constitution with so many holes all over. RW is not a theif, but is he not responsble for the Central Bank theft?

  • 9
    4

    Were all the pundits on the Yahalana side fast asleep when the 19th amendment was drafted and passed. Humpty Dumpty seems to have had the anticipated fall.

    • 3
      0

      wannihami

      “Were all the pundits on the Yahalana side fast asleep when the 19th amendment was drafted and passed.”

      Do the politicians draft constitution and law?
      What does the Legal Draftsman Department do?
      Now you know the quality of the professionals.
      Is that why Dr Mahinda has invited the foremost Hindian Subramanian Swamy to help amend constitution?
      Here it is straight from the horse’s mouth:
      https://www.youtube.com/watch?v=8m3TFLCnJgs

  • 4
    0

    Gamampila just hinted about it

  • 18
    1

    Another Dictator Sirisena?

    • 2
      2

      Ajith

      Somebody made Sirisena the president & tried to make him a cat’s paw to become a dictator.

      What a pity.

      Forget it & relax

      Don’t make Sirisena a dictator.

  • 12
    1

    Sri Lanka burns while Maru Sira plays cards. How many more trumps in the “House of Cards”?

  • 17
    2

    No leader who goes against the constitution, for bloodless coups, or to overthrow another leader, deserves to be president. Manipulating the courts like Rajapaksa did, or buying votes to ouster the PM like Sirisena did, is showing arrogance, acting above the laws, and being undemocratic. The country is left in utter chaos, and this hinders the progress of our county. This is selfishly putting personal greed and power over the good of the country. We have a rule of law, and all leaders must follower that.
    This is going to set this country back, and it is sad that our so called leaders are continuously promising one thing, and then the greediness kicks in when they are in power. They do not deserve our vote.

  • 14
    2

    Now what? Sarath Nanda Silva should be publicly flogged

    • 1
      0

      Gooooo Wimele

      “Now what? Sarath Nanda Silva should be publicly flogged”

      What if he demanded more?
      We are not living in Saudi or Pakistan.

      You should spend some time in Buddhist Forest Monasteries along with Sarath Nanda de Silva.

  • 18
    2

    U N P now must understand perfectly one thing and that is S L F P has become
    a blood thirsty party ! They don’t believe in party politics unless the power is
    in their hands. ! Srilanka is now entering into an opaque era . Sira’s language is
    nothing but thuggish , the language of rogues ! As I said before , Srilanka will
    never be the same again . Srilanka’s tomorrow is gloomy !

  • 18
    4

    This man is insane.

  • 6
    14

    Ah; relax men & women

    Try to understand that 19th amendment is a farce that understood later.

    Make verbal war but see it paves the way for the best thing for the country; political stability.

    UNP, pls tell international community to mind their own business & try to win the election probably without Ranil; you can win.

  • 4
    0

    Karma revisit… Election called two years ahead..
    Same situation.

    Did the Good, bad and the ugly kids owners it ahead and ran to mecca?

  • 16
    4

    Yes, this bastad Sirisena who wanted to be an other Nelson Mandela truly turning out to be a real dictator. His greed for power is making him real mad. The saying goes like this- when God wants to destroy a man, he first makes him mad, it’s turning out to be true for this mad dog Sirisena. No more, he would be able to go all over the civilised as a leader, they would spit on his face, and none would associate with a third rate man. His greed for power is turning out to be the destruction of good country and it’s people, and the bastad would pay for it dearly.

    • 4
      0

      When god wants to destroy a country, he makes the head of state mad. He has by his actions paved the way for foreign involvement. Will the US and China now use Sri Lanka as their battleground just like how the US and USSR fought out their cold war in Afghanistan?

      Time for our rubishy leaders to stop thinking about themselves and start thinking about Sri Lanka.

  • 7
    1

    Gutless politics.

  • 4
    4

    Three cheers for Siri……

  • 7
    0

    In the 60′ 70’s & 80’s Sirisena’s were CTB bus drivers.
    The buggers dissolved the CTB through corruption, lethargy and laziness.
    All the Sirisena’s in public service since independence have dissolved a one time fine tuned service through politics and corruption. Very soon the entire country will be dissolved in the acid of corruption and nothing will remain.
    Go ahead sir ! and dissolve but be careful because one day you to will be dissolved never to be seen again.

  • 5
    0

    Challenge it in court. The constitution is the highest document of the land and NO one is above the law.
    This is also enough grounds for impeachment.
    Appaya wrote a cheque that his A*S could not cash. Although with best of intention Sobitha Thera made a huge mistake in putting this moron in the presidents chair.

  • 5
    0

    Amazing, CT, thank you, you were the first to inform us.

    Majority of the people don’t know yet

  • 5
    0

    Dr. Amarasekera of the “Federation of National Organizations” said: “Viyasthawa Ballata Dala Parlimethuwa Visuruwanna”. (Put the Constitution to Dogs and Dissolve the Parliament) So the President has done that, in keeping with that “Demand” of a “FEDERATION OF NATIONAL ORGANIZATIONS”. Now there is NO CONSTITUTION, but we NOW have a “DICTATORSHIP”. What is NEXT? Dr.Amarasekera: You got the VOYASTHAWA ,”BALLATA” That “Dictatorship” must be now a “BOORUWA” (Donkey). DAN SEPAIDA? Long Life For You.

    • 3
      0

      Douglas Man

      Let the majority first integrate themselves into “ONE PEOPLE”, “ONE COUNTRY”, “ONE NATION”, “ONE STATE”, ……………… a monolithic political culture of rule of law, decency, honesty, intellectual honesty, …. homogenized humanity, ……………… then we can discuss integrating rest of the people into your idealized form of one people, one country, one nation, …………….. unworkable utopian ideology.

      Alternatively, if you got time no harm in thinking about “unity in diversity”.

      The ideology of Homogenisation of diverse people into one Nation has cost many life, development, …………. over 70 years.

  • 8
    0

    Why don’t you resign first you His Excellency Sirisena? But don’t dissolve the Parliament first.
    We need a genuine sincere uncorrupted Sri Lankan as our President

  • 7
    0

    Din’t this guy swear in Gompaliya and Modawansa as ministers just 24 hrs ago?
    Sinhala Bauda Lanka should be the international laughing stock.

  • 5
    0

    Let us hope and Pray, he calls for eleyif he declares dictatorship, what can we do???
    Nothing….
    Do far regulations been over ride two times.

    According to the the dewalas they predict there will be dictatorship declared and will lead to civil war and nothing can be done to stop it.

    Is this true??

    Dai hamudurwena what to do???

  • 5
    0

    What I cannot understand is how Sirisena absolves himself of everything happened during 2015 -2018 when he as president was the leader of the government.

  • 7
    11

    Who cares about the constitution? I am glad this President (Para Balla according to Mangala) went ahead and did the needful. That constitution is not worth the paper it is written on.

    In fact, if you get a copy of it, tear the pages and use them as Toilet paper. A roll of toilet paper costs $1 here. This thing is less worthy than that. Or you can even open the Middle page of it, masturbate onto it and give it a lady to read at your nearest Public Library. Who cares.

    • 7
      1

      Rtd. Lt. Reginald Shamal Perera, I agree with your viewpoint. You are safe in Canada with your family and I am safe here in ME with my family. Let the cattle who eat rice and the humans who eat grass get together with the Ooru Sira and Ranil and solve the problems. We will be sitting in our armchairs and watching the high drama on TV, not worried where the next bundle of grass or bucket of Punnakku comes from.

    • 3
      0

      Rtd. Lt., I am sure you are closely related to madman Sirisena.

      • 1
        0

        Goviya, I don’t know about Rtd. Lt. Reginald Shamal Perera but I am sure about myself. I am related to Ooru Sira.

      • 2
        0

        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

    • 2
      0

      Rtd. Lt. Reginald Shamal Perera: MY3 and Ranil both have shitted on the constitution.
      I can understand why you want to take their shit and wipe your arse with it ….
      I am sure its worth few hundred dollars to keep you enjoying your luxury life outside of Sri Lanka.promoting them

    • 0
      1

      “Who cares about the constitution?” Tamil politicians and people from N/E will take this stance from now regarding federalism. Throw tantrum all you want, since majority dont care about constitution why should the others do so?

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