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<blockquote data-quote="mylanka58" data-source="post: 23800805" data-attributes="member: 556429"><p>Posting this since there is a lot of reporting & several theories on how & whether the President of Sri Lanka can remove the Prime Minister. This is what's in our constitution, it's just a clarification of the legal position, it's not meant to say whether the incumbent to stay or go.</p><p> A) After the 19 Amendment to the Constitution, the President no longer has the power to remove the Prime Minister at his discretion. [S. 9 of the 19th Amendment Act , Article 46(2) of the Constitution]</p><p> B) The PM can only be dismissed if </p><p>1) The Cabinet of Ministers is dismissed </p><p>2) The PM resigns </p><p>3) The PM ceases to be a Member of Parliament [See Article 46 (2) of the Constitution]</p><p> C) The Cabinet of Ministers can only be dismissed if </p><p>1) If the PM ceases to hold office by death, resignation or otherwise </p><p>2) If Parliament rejects the Statement of Government Policy or the Budget </p><p>3) Parliament passes a vote of no-confidence in the Government [Article 48 of the Constitution]</p><p> D) The President doesn't have the power to dismiss the Cabinet of Ministers. The President can remove any individual Minister ONLY on the advice of the PM. See table below for demarcation of power between PM & President regarding this.</p><p> E) The 19th Amendment changed a lot of things regarding the powers of the President. See this guide for details of these changes <a href="http://www.cpalanka.org/wp-content/uploads/2015/05/A-Brief-Guide-to-the-Nineteenth-Amendment.pdf" target="_blank">http://www.cpalanka.org/wp-content/uploads/2015/05/A-Brief-Guide-to-the-Nineteenth-Amendment.pdf</a> </p><p> D) The demarcation of power between the President & PM was supposed to be a short-term arrangement it is not a system that can work in the long term (See photo 2 for a screenshot explaining why, See pg 19 of full publication at <a href="http://www.cpalanka.org/wp-content/uploads/2017/02/Two-Years-in-Government.pdf" target="_blank">http://www.cpalanka.org/wp-content/uploads/2017/02/Two-Years-in-Government.pdf</a> </p><p> See Full text of the constitution <a href="https://www.parliament.lk/files/pdf/constitution.pdf" target="_blank">https://www.parliament.lk/files/pdf/constitution.pdf</a></p></blockquote><p></p>
[QUOTE="mylanka58, post: 23800805, member: 556429"] Posting this since there is a lot of reporting & several theories on how & whether the President of Sri Lanka can remove the Prime Minister. This is what's in our constitution, it's just a clarification of the legal position, it's not meant to say whether the incumbent to stay or go. A) After the 19 Amendment to the Constitution, the President no longer has the power to remove the Prime Minister at his discretion. [S. 9 of the 19th Amendment Act , Article 46(2) of the Constitution] B) The PM can only be dismissed if 1) The Cabinet of Ministers is dismissed 2) The PM resigns 3) The PM ceases to be a Member of Parliament [See Article 46 (2) of the Constitution] C) The Cabinet of Ministers can only be dismissed if 1) If the PM ceases to hold office by death, resignation or otherwise 2) If Parliament rejects the Statement of Government Policy or the Budget 3) Parliament passes a vote of no-confidence in the Government [Article 48 of the Constitution] D) The President doesn't have the power to dismiss the Cabinet of Ministers. The President can remove any individual Minister ONLY on the advice of the PM. See table below for demarcation of power between PM & President regarding this. E) The 19th Amendment changed a lot of things regarding the powers of the President. See this guide for details of these changes [URL]http://www.cpalanka.org/wp-content/uploads/2015/05/A-Brief-Guide-to-the-Nineteenth-Amendment.pdf[/URL] D) The demarcation of power between the President & PM was supposed to be a short-term arrangement it is not a system that can work in the long term (See photo 2 for a screenshot explaining why, See pg 19 of full publication at [URL]http://www.cpalanka.org/wp-content/uploads/2017/02/Two-Years-in-Government.pdf[/URL] See Full text of the constitution [URL]https://www.parliament.lk/files/pdf/constitution.pdf[/URL] [/QUOTE]
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