By doctor S. I. Keethaponcalan
Believing that he could win a 3rd term equally president, Mahinda Rajapaksa scheduled the presidential election for Jan 2015. After but about time, it became clear that Ranil Wickremesinghe volition non endure contesting the election equally he was perceived equally a calendar week candidate. Several choice names were suggested. One of my friends who had a deep connector to the United National Party (UNP) told me that Maithripala Sirisena would endure the mutual opposition candidate. I laughed because I did non believe the theory. One, I did non believe that Sirisena volition flip on his boss. Two, Sirisena was non known for republic together with skilful governance, which was the primary slogan of the opposition coalition inwards 2014. Sirisena was believed to endure a trusted deputy of Rajapaksa. To my verbalise disbelief, he was fielded equally the opposition candidate, together with nosotros all supported him. I fifty-fifty signed a petition shout out for people to vote for Sirisena. I thought it would re-restore republic inwards the country. Nonetheless, the recent events together with actions of President Sirisena proved that my master copy reservation inwards 2014 was non wholly unreasonable. Sirisena is increasingly resorting to undemocratic together with unconstitutional actions. I suspect that to a greater extent than volition come.
Undemocratic
When President Sirisena fired Wickremesinghe together with made Mahinda Rajapaksa the prime number government minister inwards October, I did non receive got whatsoever doubts nearly his potency to produce so. Many inwards Sri Lanka believed that removing Wickremesinghe was illegal. I did non agree. Although the 19th Amendment to the Constitution was introduced amongst the intention of watering downward presidential potency together with strengthening Parliament, nosotros never moved away from the executive presidential system. Such a shift would demand the approving of the people inwards a national plebiscite together with a two-thirds bulk inwards Parliament.
The President all the same is the boss. As nosotros all know, the 19th Amendment conferred the powers on the President to appoint the Prime Minister.
In a way, the Constitution conceived a hybrid organization where parliament is elected straight past times the people together with is sovereign. The 19th Amendment clearly states that the president tin appoint a fellow member of parliament “who, inwards the President’s opinion, is most probable to command the confidence of Parliament.” What was clear on Oct 26 (and fifty-fifty today) was that Mahinda Rajapaksa did non command the confidence of Parliament. It was inwards Apr 2018, Wickremesinghe proved his bulk without the back upwardly of the United People’s Freedom Alliance (UPFA). Therefore, the President had no ground to believe that Rajapaksa commanded the confidence of Parliament.
This was where President Sirisena transformed into a completely undemocratic somebody together with gave leadership to an illegitimate project. H5N1 president who adheres to democratic principles would receive got asked his (or her) newly appointed prime number government minister to transcend away to parliament together with testify the bulk without proroguing the national legislature.
The conception was to ready the bulk (113 votes inwards parliament) spell beingness the government. The conception succeeded to a for sure extent equally a handful of members from other parties crossed over together with accepted “rewards.” However, since the inception of the “coup,” constructing the bulk was going to endure really demanding. In an essay titled, President Sirisena’s Second Coup: Reasons & Numbers, I pointed out that “given Ranil Wickremesinghe’s traveling pocket on the UNP parliamentary group, getting 12 MPs from the UNP volition non endure an slow target.” Now, it has been proved that the coup could non convince adequate members from the UNP or its coalition partners to cross over.
I produce non believe that the Sirisena-Rajapaksa combo did non anticipate this issue. So, they had a conception B. The conception B was to dissolve Parliament if the conception H5N1 did non work. The payoff of this strategy was that it bestowed command over province resources which volition endure to a greater extent than than helpful during the full general election.
According to the Constitution, the regime of the twenty-four hours should transcend away along equally the caretaker management during the election. The populace sector employees, vehicles, funds, province media together with hence on would tremendously boost the chances of the Mahinda Rajapaksa headed coalition inwards the election. An added involvement was demonstrated inwards taking over the province media institution. This command would endure crucial. Now, the conception B is inwards play. Sri Lanka is heading towards a full general election amongst a caretaker regime that could non testify its bulk inwards Parliament.
Unconstitutional
If sacking Ranil Wickremesinghe was undemocratic, dissolution of Parliament indeed was unconstitutional.
The authoritarianism of Sri Lankan presidents had specific nexus amongst the president’s might to dissolve Parliament. Initially, the president had the powers to dissolve parliament subsequently “one year” from the appointment of the full general election. The 19th Amendment seriously altered this provision together with stated that the “President shall non dissolve Parliament until the expiration of a menstruum of non less than iv years together with 6 months” of its get-go meeting. Originally, the president had the powers to dissolve parliament if the legislature asked the president to produce hence past times a “resolution.”
Hence, what was needed hence was a elementary resolution amongst a elementary bulk to dissolve parliament earlier 1 twelvemonth from the appointment of the election. Now, subsequently the introduction of the 19th Amendment, the president tin produce hence alone past times a resolution approved amongst a two-thirds majority. President Sirisena did non fifty-fifty receive got a elementary majority, permit lone a two-thirds majority, to dissolve parliament.
Hence, the dissolution of Parliament was unconstitutional. There tin hardly endure whatsoever doubts nearly this. Newspaper reports signal that the UNP together with but about of the other political parties including the Janatha Vimukthi Peramuna (JVP) together with the Tamil National Alliance (TNA) volition transcend away to the Supreme Court challenging the dissolution of Parliament. They should because they receive got a case. That does non hateful that they volition win.
Sri Lankan judiciary is hardly independent. The courts receive got fifty-fifty dropped the pretention of independence. For example, in that place were go restrictions on old defence secretarial assistant Gotabhaya Rajapaksa together with Tissa Attanayake when the UNP was inwards power. As shortly equally the regime changed, these restrictions were removed. Hence, anything could plow over inwards the Court.
On the other hand, if the UNP together with other political parties neglect to approach the Supreme Court, the civil lodge must bring the Pb inwards challenging the dissolution because the province needs to essay the effectiveness of Article seventy (1), which prevents dissolution earlier iv together with a one-half years. Not disputing the dissolution or a Supreme Court determination inwards favor of the dissolution at this point, would brand Article seventy (1) a dead letter.
It is imperative to complaint that the UNP which is going to the courts to challenge the dissolution of Parliament did non challenge the sacking of Wickremesinghe. The political party alone argued inwards the populace domain that it was an illegal move. Leaders of the UNP in all likelihood knew that they could non teach whatsoever assist from the Court on the dismissal of the UNP led government. At least, that was a grayness area.
General Election
Of significance, is the fact that the determination to dissolve Parliament was a setback for President Sirisena equally well. Ideally, he would receive got preferred to transcend away along amongst the regime headed past times Mahinda Rajapaksa together with eventually testify this government’s majority. They would receive got done that if they had the luxury to continue.
The ideal pick was to nowadays the vote on account, distribute handouts to the voters together with hence transcend away for the full general election. This pick could non endure executed due to 2 essential factors: (1) the lack of back upwardly inwards the national legislature to approve the mini-budget, together with (2) the international pressure.
Too many powerful international actors were calling Mahinda Rajapaksa to testify his bulk equally shortly equally possible. Hence, the President was forced to dissolve Parliament. I produce non believe that local populace consider was a element inwards the determination to dissolve Parliament.
However, a full general election is a amend pick than continuing amongst an management which cannot testify its strength inwards the national legislature. One, such a scenario would receive got intensified the crisis. Two, the UNP could aspect upwardly the election amongst added confidence because it has teach the “victim” of undemocratic together with unconstitutional actions of the President. Three, the Rajapaksa headed regime could non sway the people which a pop mini-budget. Four, if the Supreme Court cannot dominion against the dissolution of Parliament, people volition receive got the might to create upwardly one's hear what they want. The ball volition endure inwards their court.
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