The Resolution To Establish A National Government

By Neville Ladduwahetty-May 31, 2016

The Hansard of September 3, 2015 under the heading "DETERMINATION UNDER THE CONSTITUTION: NUMBER OF MINISTERS OF NATIONAL GOVERNMENT", cites the following Resolution:

"Whereas the United National Party which obtained the highest number of seats in Parliament has formed a National Government, Parliament determines in terms of Article 46 (4) of the Constitution of the Democratic Socialist Republic of Sri Lanka that the number of Ministers in the Cabinet of Ministers shall not exceed 48 and the number of Ministers who are not Cabinet Ministers and the number of Deputy Ministers shall not exceed 45" (p. 97).

An intense debate followed the tabling of the above resolution. The position of the Government was that according to Article 46 (4) when a "… recognized political party or independent group which obtains the highest number of seats in Parliament forms a National Government", the Constitution authorizes Parliament to determine the number of Ministers of the Cabinet of Ministers, the number of Ministers who are not Cabinet Ministers and the number of Deputy Ministers. And because it is Parliament that makes such a determination a challenge would amount to a beach of Parliamentary privilege (The Island, May 26. 2016).

Judging by the variety of opinions expressed in Parliament the single question that dominated the debate related to the criteria needed to qualify for the formation of a National Government. The opinions of some were that since Article 46 (5) states: "National Government means, a Government formed by the recognized political party or the independent group which obtains the highest number of seats in Parliament together with the other recognized political parties …" a National Government must include all recognized political parties represented in Parliament. Others maintained that since the Article 46 (5) specifically does not state that a National Government means a Government formed together with "all" recognized political parties or the independent groups it could mean one or more recognized political parties. Yet others were insistent that Parliament should seek an opinion from the Supreme Court not only because of the lack of clarity but also because of the implications involved.

NEED for INTERPRETATION

During the debate The Hon. (Dr.) Wijeyadasa Rajapakshe stated:

"When we obtained that interim order, there had been a lengthy debate in the House. After considering all the legal provisions and submissions, the Hon. Anura Bandaranaike delivered a historical, landmark judgment that when it comes to affaires which are to be regulated within the House itself, it is purely a matter to be determined by the Hon. Speaker; it is not a matter within the purview or the jurisdiction of the Supreme Court" (The Hansard, September 3, 2016, p. 110).

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