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

  • 2
    0

    Appaya looked at a Joker and said he was holding trump cards. That’s how stupid this fool is.

  • 7
    1

    Let us all resolve, from now on we will not call the President “Aiyo Sirisena” but “Ado Sirisena”, no Honorable or Mr or President before his name only “Ado”!

    • 1
      0

      Ananda:
      Why do you want to go through all this trouble. Just call hem “APPAYA” the whole country knows who it is.

  • 2
    0

    MR must be regretting the day he yielded to temptation and accepted the bogus premiership. Maybe, this was the only way for MS to get rid of Ranil from Temple Trees!
    Now, all MPs especially those who got portfolios must be counting their black hoards to see how much is left to fight the next election, and what stories to tell their supporters !!!

    A black day indeed for Ma Lanka.
    How this situation will play out is anyone’s guess.
    The finances of the nation may be insufficient to hold an election, and, it may be the bloodiest ever.

  • 3
    1

    It looks like an emergency rule without declaring so (when we look at the way the President has taken over police,media etc). Though the President may or may not have power to dissolve parliament, he has to give reasons for his actions. A policemen may have power to kill a person under certain circumstances but he should exercise caution and use firepower in justified situations only. Likewise, dissolving parliament is to be done for a justifiable reason. Parliament was to be opened on the 14th. Speaker is not sick or dead. MPs are alive and well. So why dissolve in a hurry when there is a workable parliament?

    Sri Lanka is surely entering into a real crisis period beyond the constitutional one we saw recently. Everyone has to act responsibly and with patience at times like this without adding fuel to fire. May the triple gem bless the country and its people to bring sanity!

    • 2
      1

      Mr Gamage,

      it is almost like a bad soldier is given the weapon.

      Right ?

      He is absolutely no go. How can lanken folks face the world.

      This man is a dictator or an idiot by every means.

      He does not know that ELECTION COMMISSION can stand against him.
      That was the purpose of getting those commissions passed during last 3.5 years.

  • 5
    0

    Kalakanni Appaya is ruining the economy the govt was trying its best to stabilize:

    “** Stocks fell for the fourth straight session, hitting its near two-week closing low and moving further away from their near two-month closing high hit last week, as the political crisis dented sentiment after the speaker of parliament said on Monday he would not recognise President Maithripala Sirisena’s sacking of Ranil Wickremesinghe as prime minister and appointment of Mahinda Rajapaksa in his place.

    ** Sri Lanka’s parliamentary speaker has called the president’s sacking of the prime minister to bring a former leader back to power a non-violent coup d’etat.

    ** The rupee ended at 175.05/20 per dollar on Thursday, compared with the previous close of 174.80/175.10. The rupee has weakened more than 1 percent since the political crisis began on Oct. 26.

    ** The rupee hit a record low of 175.65 per dollar on Nov.1.

    ** The rupee weakened 3.7 percent in October after a 4.7 percent drop in September against the dollar. It has dropped 13.9 percent this year.

    ** Foreigners sold a net 405.8 million worth stocks on Thursday. They have offloaded equities worth 7.2 billion rupees since the political crisis started on Oct. 26. ** The bond market saw an outflow of about 11 billion rupees between Oct. 25-31, central bank data showed. This year, the island nation has seen 16.6 billion rupees in outflows from stocks and 100.8 billion rupees from government securities, bourse and central bank data respectively showed ** The Colombo stock index fell 0.95 percent to 5,930.59, its lowest close since Oct. 26. It hit a near two-month high on Nov. 1. The bourse rose 4.5 percent last week due to heavy retail investor participation. It has slipped 6.9 percent so far this year. ** For a report on global markets, click here and for a report on major currencies, click ** Stock market turnover was 1.1 billion rupees ($6.30 million) on Thursday, more than this year’s daily average of 818.4 million rupees.”

  • 4
    3

    Uncle Karu fucked him big time this time .. Didn’t he?..
    As usual Dr Ranil always find someone else to do the ” Shopping” for him as our inhabitants say in their dialect .
    Dr Ranil did that at the last three Prez Elections to save his ass ……
    This time it didn’t work.

    Uncle Karu surely must know at least a bit about the Lankawe Rule Book, after being the Speaker for nearly four years of Yahapalanaya.
    How stupid for Uncle Karu to write” to the Executive President” that Uncle Karu only recognize a deposed PM who is holed up in the the TT.
    If Kau has his own PM how can the Country function?.

    I think even a High School Kid who does Legal Studies would know that is impossible.
    So what options an Executive Prez has, other than call a general election

    We know Uncle Karu never liked Dr Ranil.
    In fact my elders tell me Uncle Karu always wanted Keselwatta Kid as the UNP Boss.
    Has the Uncle finally achieved his ambition?…..

    • 1
      1

      K A Sumanasekera

      “In fact my elders tell me Uncle Karu always wanted Keselwatta Kid as the UNP Boss.
      Has the Uncle finally achieved his ambition?…..”

      Maybe, maybe not, probably as an interim boss of bosses.
      In the meantime Karu maybe preparing his son in law Navin Nayakka (the natural leaders) to replace him. The man to watch is Navin Nayakka and you kind of like him don’t you?
      His dad was Basil’s former boss with whom Basil learned all the nitty-gritty “creative accounting” in other words “cooking the books”.

  • 4
    0

    Stop crying out loud about what happened to Ranil. Some Thieves are appointed as ministers. They have court cases. Do not vote them. Do not vote to the party. Think about the country and vote for Trust worthy politicans. elelct some good economists and no the thieves.

  • 3
    0

    RW, There you have it, what you were looking for. Now put it in the pipe and smoke it. If not face the general election and prove that you have a mandate from the people to be PM I would respect that, if he won at the elections..Too bad Kopi Kade die-hards, all your blogs have been in vain.

    • 1
      1

      Thrisu behaves as if he is in the same rank as Sirisena.

      That is a slap on whole academics.

      Thrisu, the problem is srilanka is filled with you the kind of people. They cant see it beyond.

      President the low life will have to face it if not today tomorrow. He will have no future in this country.

      Entire world will stand against any government led by Sirisena basta.

      • 1
        0

        Simple Simon has found another aka Mithralatha Jayathilaka. Hahahaha…. the man has done a sex change this time. What a con & deception, akin to the political party and rogues that he worships. Are n’t you ashamed to claim yourself as representing academics in Germany mister!

  • 3
    0

    Just after UNP came to power, RW send a note via a 3rd party to president to transfer some powers to RW. Can you believe how stupid this moron is considering he is a cardboard lawyer that never practice law and knowing the constitution that says presidents powers cannot be transferred?

    19th fix term parliament was introduced by the exam cheating moron that never understand the cause and effect of constitutional changes.
    Country need a breather and best so far is fresh election. UNP need to appoint a young person with strategic vision to take country forward and get rid of this parasite called RW.

  • 1
    3

    VERY good move from the president,

    NOW PEOPLE CAN DECIDE who should be in the parliament

  • 3
    1

    Gamaralaya, uneducated, ill advised ponaya Srisena has proved beyond any and all doubt he is a man without balls – the butterfly government he lead. This ponsi and his lawless son and clan – OUT.

  • 4
    0

    To get rid of one mistake compound it with another mistake.Like prabha did when killing the jawans and then kiling rajiv too.Now supremecourt is going to be dragged in and that takes time for a decision which is obvious to anyone here.In the meantime the economy,tourism and investment continues to worsen further.Already a rupee tottering will become worse.Idiot sirisena.

  • 3
    0

    his disdain for the people and the constitution was revealed early in his job itself when he allowed candidates who were rejected by the people to represent them as national MPs.Then he used the same fellows now to do his dirty work of violating the constitution further.

  • 2
    0

    Democracy is created to listen to the people and respect their wishes without resorting to violence.

    I don’t think our education system gives enough prominence to this idea. Hence, many people are clueless how to act responsibly.

    If you think majority has extreme and biased views, then we have to take action to change our selves and educate others around you. Have constructive arguments, where both parties will get an opportunity to broaden their horizons.

    By resorting to illegal avenues and violence will only make the matters worse.

    The future of our country is very uncertain. If we only can be united concentrating on the similarities we have rather than the differences, we will loose everything.

    After all no one is perfect. We are all humans and we are all related. History, science and the journey of the languages will confirm this.

  • 2
    0

    I think this is an excellent opportunity to both Mahinda and Ranil to clear the bad image they have collected over the years. They are at an age where they have to think how the history books are going to record them.

    If Mahinda and Ranil, for the Democratic future of the country, to bring law and order and avoid blood shed of the voters who voted for them, forgetting their differences and thinking only about the betterment of the country, join together and contest the election under a separate new umbrella, kicking out all the Paga Kings, Rogues and Murderers, then they will be recorded in the history books as Champions who won over evil.

    This act would also clear the garbage politicians out of politics and put a good foundation for the future. Will Mahinda and Ranil as elder statesmen do this for the country forgetting their own self interest?

  • 5
    1

    Machang Sira,

    What a genius you are. You have done none of our previous presidents failed to do. MR should have kept you as his adviser than a minister in his hey days. You finished the war in one week when the President, Defense Secretary and the Commander of the Armed Forces were not in the island. Now you have solved the issue of this stupid good governance within a short period of few days. Next step I am sure you would do what MR couldn’t do. With a stroke of your whatever pen you have would make yourself the President of our Donkey Republic FOR LIFE. Go for it man!

  • 4
    1

    Last elections Maithree was worried some one else is going to dig his grave to put him six feet under. Now it appears he has himself dug his own grave. At the end it has been only a matter of time…

  • 6
    1

    international intervention is necessary this gamarala cannot rule this country. This fucker should go first.

  • 5
    0

    A dictator for the first time has manifested in Sri Lanka. Thats My 3. Next illegal, un democratic, and in violation of the Justice system order in Sri Lanka would be to give Presidential Pardon to the Chief Of Defence Staff ,the guy who facilitated the murder of 11. Lets wait and see how many days its going to take for My 3 to do this.

  • 1
    1

    “Good Bye to Jadampathy’s Federal Constitution.”

  • 4
    0

    Why did those drafting the 19th Amendment not link Article 33 (2) c and specifically state that the power of dissolution is subject to conditions stipulated under the new Article 70? You cannot have two Articles governing the same matter leading to some confusion. Article 33 (2) c clearly empowers the elected President to dissolve Parliament. Both Articles are included in the Constitution and the President has chosen to exercise the powers granted to him under Article 33(2)c.

    Mahinda G

    • 2
      0

      mahinda

      because 19th amendment came later it supersedes the earlier .article,after all an amendment is done to change something isn’t it.So the33(2) becomes redundant.

  • 0
    0

    The public have to bear the brunt of the (avoidable) expenses especially when the country is reeling under the financial pressure.

  • 3
    0

    According to a news Report in today’s (10th) Island, the President told the SLFP Working Committee:

    “The President also assured that he would not dissolve Parliament until its five- year tenure was over because there were a lot of first time MPs facing many issues, including that they would not be entitled to pension in the event of an early dissolution.”

    It took him just about 24 hours to BREAK his word to the SLFP Working Committee. Obviously, he KNEW that he was LYING to his own Party’s Working Committee. Can any one take him seriously?

  • 2
    2

    “Sirisena Dissolves Parliament In Stark Violation Of Constitution”
    Who can decide whether Sirisena violated the Constitution; Supreme Court or Colombo Telegraph?
    ——————————
    Jadampathy’s expertise on Constitution drafting has been well exposed from the loopholes in 19th Amendment. This is what happens when a guy who expelled from University for copying try to become an expert on drafting Constitution.

  • 1
    0

    UNSG MUST STEP IN IMMEDIATELY AND PUT A FULL STOP TO THIS MADNESS.

  • 2
    2

    What is undemocratic about this? Going before public & let them have the final say ? which idiot says this is wrong unless they support the bunch of butterflies, who cannot go before public?
    If you guys are true democrats, let people decide, not the damn constitution another piece of paper with a lot of patchwork & a quite a few holes in it.

  • 1
    5

    This is best solution for these issues.

    People will decide whether RW and UNP suitable or Mhinda and his Party suitable to govern the country.

    That is the people’s power and democracy.

    I am sure that Yahaplanya crooks and bootlickers will say the opposite. But this is one of the best democratic solutions for the problem.

    I hope that the that RW and his gang have to retire and face criminal charges for the Bond Scam.

  • 1
    4

    Now that the three forces and police under his command he can even play the “emergency” card to curtail protests. When masses suffer in a country, democracy and constitution take second place. People know that RW and his team could not even maintain the infrastructure put in place by the previous regime. Even garbage collection was a huge problem for them.

  • 2
    4

    Theres no violation of constitution just the barking of ct
    The dollar krows of ct trying to fuck mother lanka

  • 2
    5

    President did excellent job that dissolution of Parliaments go before people is well accpaects norms of democracy, not only confined to locally but that enlarge into globally .President move accepts principles of that crisis solutions of ills of ongoing wrong while anti-democracy set of policies by UNP leadership.

    We are a nation of democratic practices by having right to vote well balance political move by right direction of governances. Which is that decision taken by President of MS is positive one.
    Therefor it will enrich shape of democracy by that special interest of democracy governances an Island.

    The complex of UNP role of the neo-Liberal economic policies has created catastrophes is blame for the political crisis. While as a result of overall political-economic crisis will almost surely change as much as economy.
    This is not that first time that RW led UNP judgment have been undermined national growth.
    By and large UNP increased pile of debt last 3 years and 8 months, that supported unsustainability level of consumptions.

    Eventually UNP’s neo-Liberalism policies of debt leads to collapse of Rupee currency against US Dollars has been devalued .In return of that the national economy has reached to point of collapse under RW mismanagement of UNP’ s governances.

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