Details: How President Dissolved the Parliament and Announced the Election

[Mr.Myself]

THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
(As amended up to 15th May 2015)

CHAPTER VII
THE EXECUTIVE
The President of the Republic​

33. (1) It shall be the duty of the President to -
(a) ensure that the Constitution is respected and upheld;
(b) promote national reconciliation and integration;
(c) ensure and facilitate the proper functioning of the Constitutional Council and the institutions referred to in Chapter VIIA; and
(d) on the advice of the Election Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda.
(2) 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) to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament;
(b) to preside at ceremonial sittings of Parliament;
(c) to summon, prorogue and dissolve Parliament;

- Article 33 substituted by the Nineteenth Amendment to the Constitution Sec 5

CHAPTER X
THE LEGISLATURE
Parliament​

62.[41[(1) There shall be a Parliament which shall consist of two hundred and twenty-five Members elected in accordance with the provisions of the Constitution].
42 [(2) Unless Parliament is sooner dissolved, every Parliament shall continue for five years from the date appointed
for its first meeting and no longer, and the expiry of the said period of five years shall operate as a dissolution of Parliament. ]

- Article 62(1) repealed and substituted by the Fourteenth Amendment to the Constitution Sec.3.
- Article 62(2) repealed and substituted by the Nineteenth Amendment to the Constitution Sec.15

CHAPTER XI
THE LEGISLATURE
Procedure and Powers​

70.
(5) (a) A Proclamation dissolving Parliament shall fix a date or dates for the election of Members of Parliament, and shall
summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.
(b) Upon the dissolution of Parliament by virtue of the provisions of paragraph (2) of Article 62, the President shall
forthwith by Proclamation fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament
to meet on a date not later than three months after the date of such Proclamation.
(c) The date fixed for the first meeting of Parliament by a Proclamation under sub-paragraph (a) or sub-paragraph (b) may
be varied by a subsequent Proclamation, provided that the date so fixed by the subsequent Proclamation shall be a date not later
than three months after the date of the original Proclamation. ​

ගැසට් 2096/70

ශ්‍රී ලංකා ප්‍රජාතාන්ත්‍රික සමාජවාදී ජනරජයේ ආණ්ඩුක්‍රම ව්‍යවස්ථාව


33 (2) (ඇ)

62 (2)

70 (5)

1981 අංක 01 දරන පාර්ලිමේන්තු මැතිවරණ පනත - 10

Sources:

[SIZE=3][SIZE=2][SIZE=3][SIZE=2]http://documents.gov.lk/files/egz/2018/11/2096-70_S.pdf[/SIZE][/SIZE][/SIZE][/SIZE]

[SIZE=3][SIZE=2]http://www.parliament.lk/files/pdf/constitution/19th-amendment-act-si.pdf[/SIZE][/SIZE]

[SIZE=3][SIZE=2] http://elections.gov.lk/web/wp-content/uploads/publication/acts/01-1981_S.pdf[/SIZE][/SIZE]

 

[BINGU_PUTHA]

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[Mr.Myself]

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Rep +

 

[Mr.Myself]

BUMP

Rep +

 

[Zahina Rishad]

පාර්ලිමේන්තුව විසිරවීමේ බලය 33 1 ට අනූව ජනාධිපතිට තියෙනවා. ඒකේ කිසිම ගැටලුවක් නෑ.... හැබැයි ඒ බලය ලැඛෙන්නේ 70 1ට අනූව....
70 1 පැහැදිලිව කියනවා අවුරුදු 4.5ක් යනකන් බෑ කියලා....
කලින් මේක තිබුනේ අවුරුදු දෙකක් කියලා....

ඊට කලින් කරනවානම් 3න් දෙකක් බලයක් ඔන....

 

[Mr.Myself]

(2) 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) to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament;
(b) to preside at ceremonial sittings of Parliament;
(c) to summon, prorogue and dissolve Parliament;

 

[Zahina Rishad]

(2) 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) to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament;
(b) to preside at ceremonial sittings of Parliament;
(c) to summon, prorogue and dissolve Parliament;

Dear, 19th amendment negated those excessive powers. President CANNOT dissolve Parliament without a valid legal reason. Period!

Now we have become the laughing stock of Int.Community

 

[TheManFromNowhere]

(2) 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 -

(c) to summon, prorogue and dissolve Parliament;

33 (2) ආණ්ඩුක්‍රම ව්‍යවස්ථාවෙන් හෝ වෙනත් ලිඛිත නීතියකින් හෝ ප්‍රකාශිතවම ජනාධිපතිවරයා වෙත පවරා හෝ නියම කර ඇත්තා වූ බලතලවලට සහ කාර්යයන්ට අමතරව, ජනාධිපතිවරයාට -

(ඇ) පාර්ලිමේන්තුව කැඳවීමට, වාර අවසන් කිරීමට සහ විසුරුවා හැරීමට බලය ඇත්තේ ය;

 

[Mr.Myself]

Dear, 19th amendment negated those excessive powers. President CANNOT dissolve Parliament without a valid legal reason. Period!

Now we have become the laughing stock of Int.Community

Can you quote where it says that Article 62 (2) was negated by 19th amendment.

 

[TheManFromNowhere]

Dear, 19th amendment negated those excessive powers. President CANNOT dissolve Parliament without a valid legal reason. Period!

Now we have become the laughing stock of Int.Community

These are taken from the 19th amendment. You can see it for yourself.
http://www.parliament.lk/files/pdf/constitution/19th-amendment-act.pdf

 

[Zahina Rishad]

Can you quote where it says that Article 62 (2) was negated by 19th amendment.

Constitutional issue in question should be read with its entirety, with all those amendments, sub clauses/interpretations. No single provision would allow a correct interpretation. Even Maithreepala Sirisena does not argue on the grounds you present!

There is speculation that Parliament will be dissolved. Arguments have been made for and against the right of the President to dissolve Parliament at will, at any time.
It is a golden rule that in interpreting a Constitution, the Constitution as a whole must be looked at, not at just one provision in isolation. If the issue is related to an amendment made to the Constitution, we need to look at the corresponding provisions before such amendment. The intention of the legislature in amending the Constitution must be considered. If the amendment was consequent to a pledge made at an election, then the circumstances of that election must also be considered. Constitutional provisions cannot be read in isolation, in a vacuum.
Before the Nineteenth Amendment that came into force on 15 May 2015, the Constitution gave the President a near-unbridled power to dissolve Parliament at will. Article 70 gave him the power to so do, subject to just one limitation. If the previous Parliament had been dissolved prior to it completing its six year term, then the President could dissolve Parliament only after one year.
-DR. Jayampathi Wickramaratne PC - One of the authors to 19th Amendement

 

[Zahina Rishad]

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.

 

[Rasika212]

B.u.m.p.

 

[Fox C2]

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[nshrinith]

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[imhotep]

dan ithin wenne mechharai, me chanden mahinda 3/2k gannawa, ita passe pora wiwasthawa wenas karanwa ayeth porata janathi pathi waraneta illana puluwan widiyata, ita passe my3ta sorry .com

MY3 ta kohomath sorry.com thamai.. But I can only say the it's sorry.com for the entire nation. Only a few realise it.

 

[Harvard-Bio]

 

[dj gamaya]

 

[charithtg]

The Constitution of the Democratic Socialist Republic of Sri Lanka

CHAPTER XI

THE LEGISLATURE

Procedure and Powers

70. [ (1) The President may by Proclamation, summon,
prorogue and dissolve Parliament:

Provided 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 .]


yes it says the president have the power to dissolve the parliament, but every power must follow the procedure enacted in the constitution.

what they have done is just picked the power of the president, and carryout that power ignoring the procedure to do so.

they are referencing the word "In addition to" in article 33.(2), they are saying it means that in addition to the constitution he can do this with out following the legislative procedure.

but i think the true meaning is the In addition is mentioned just additional powers president have addition to the powers noted in the constitution ot other letters. but he has to follow the procedure dictated on the constitution in practicing those powers.

 

[Mr.Myself]

Constitutional issue in question should be read with its entirety, with all those amendments, sub clauses/interpretations. No single provision would allow a correct interpretation. Even Maithreepala Sirisena does not argue on the grounds you present!

As u said, if you and jayampathi talks about the big picture, mention one place other than article 70 which supports your logic.

You, jayampathi and lankaenews are focusing on a single clause of article 70.

This has been clearly stated under executive powers section of president in constitution and article 70 also demonstartes the posibility of such execution of executive power under cluase 5.

Most probably jayampathi has not advised ranil properly during the documentation process, else they would have amended the mentioned clause also durring 19th amendment.