Lawyers for Democracy (LfD), convened by leading constitutional experts including Lal Wijenayaka, JC Weliamuna, and Sunil Jayarathna today (Oct. 28th) in Colombo and concluded that the recent attempted removal of Prime Minister Hon. Ranil Wickremesinghe and the concurrent appointment of a new Prime Minister is a clearly unconstitutional and undemocratic action which has resulted in a grave constitutional crisis impacting the rights of all peoples of the country. LfD urges the President H.E. Mathripala Sirisena to de-escalate the crisis by respecting the constitution and summoning parliament.
Lawyers for Democracy purports the illegality of the appointment on 4 grounds:
1) The 19th Amendment to the Constitution was made intentionally to restrict the President’s powers in relation to Parliament and Cabinet, including in the appointment and removal of the Prime Minister. The 19th Amendment ensures that the arbitrary exercise of power by executive Presidents is not to undermine the basic democratic governance.
2) The concept of a ‘Unity Government’ as outlined in the 19A, is not linked to the appointment or removal of a Prime Minister. The ending of the Unity Government is not direct cause for the dissolution of cabinet or the removal of the Prime Minister as is being claimed.
3) According to Article 42(4) of the Constitution of Sri Lanka, the appointment of a new Prime Minister can only arise under specific conditions – none which were present in this case. Thus the appointment of a new Prime Minister by the President is void.
4) The Interpretation Ordinance that is also being cited is also not applicable in this case.
Additionally, given the illegality and constitutional violation that has occurred, any further actions by the President to appoint Ministers without the advice of a constitutionally appointed Prime Minister also lacks legality and is void.
For clarifications, contact Lawyers for Democracy Convener Lal Wijenayaka at 0777812010.
Leave your comments
Login to post a comment
Post comment as a guest