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In October, Sri Lanka had witnessed a political turmoil when Mahinda Rajapaksa was appointed as new Prime Minister by replacing Ranil Wickremesinghe. This further leads to chaos, disorder, political accusations and constitutional emergency. In November, Sri Lankan President Maithripala Sirisena has dissolved Parliament after it became evident that Mahinda Rajapaksa, who he had appointed Prime Minister did not enjoy a legislative majority.
Background:
In 2015 elections, traditionally opposing parties formed a surprise coalition to oust then President Mahinda Rajapaksha. In the past two years, this ruling coalition has started to fall apart. It is dysfunctional and unpopular with the Sri Lankan public. So, recently when Mr. Sirisena’s party withdrew support from the ‘national unity government’ to facilitate Mr. Wickremesinghe’s removal and the swearing-in of Mr. Rajapaksa in his place then political tussel in Sri Lanka has started.
19th Constitutional Amendment:
Under 19th Constitutional amendment, the Prime Minister’s office does not fall vacant unless in circumstances of his death, voluntary resignation or loss of majority in a crucial vote in Parliament. Since none of these is true in the current situation, a new appointment by the President is constitutionally ruled out. However, there is still some discrepancy between the English and Sinhala texts of the Constitution and claim the President, as per the Sinhala version, still has the power to remove a Prime Minister. On the dissolution of Parliament, the President does not have the powers to dissolve Parliament within four-and-a-half years of its convening, unless requested by two-thirds of its members, as per the 19th Amendment.
Way forward:
According to Article 33(2)(c) of Sri Lankan constitution, President has the power to summon, prorogue and dissolve Parliament. There is no request from MPs seeking the dissolution of Parliament but still President citing above article has taken the decision. Free and fair elections are, no doubt, central to a democracy; but when conducted in the wake of the questionable sacking of Parliament, they may be anything but. The Opposition parties are now set to challenge the President’s action. Sri Lanka is at a crossroads where it must make a crucial choice between democratic consolidation or a retreat to authoritarianism. The judiciary has a crucial task at hand.
By: Vishal ProfileResourcesReport error
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