SPEAKER TO ANNOUNCE TWO DECISIONS TODAY 19th Amendment & Opposition Leader's Post

BY STANLEY SAMARASINGHE-2015-04-07

Speaker Chamal Rajapaksa will today announce two important decisions when Parliament meets today. He will announce the House the Supreme Court determination on the 19th Amendment, which was drafted to prune the executive powers of the President and also disclose his ruling on the crisis of the Opposition Leader's post, which ran into debate following 26 SLFP MPs joining the government to accept ministerial portfolios.

The Supreme Court yesterday conveyed its ruling to the Speaker after hearing submissions on the 19th Amendment, which was referred to the superior Court as a 'matter of national importance'.
Making his observations on the submissions made to Court by Attorney General Yuwanjan Wijethilaka, Chief Justice K.Sripavan stated the people expected the President of the country to exercise executive powers and therefore he ( the President) should be given some executive powers.

This matter was taken up before the bench, which comprised Chief Justice K. Sripavan, Chandra Ekanayaka and Priyasath Dep.
Attorney General, Yuwanjan Wijethilaka submitted to Court that by Article 30 (2) President's term of office is reduced to a 5 year term and under Article 5 his duties and functions are set out.

CJ: The question is whether the President's functions could be limited to a symbol.
AG: The President remains as the Head of the Executive.
CJ: Is there a clause which says the President has to take advice from the Prime Minister?
AG: It is in consultation with Prime Minister, the consultation process enhances democracy and both can exchange their views.
CJ: Supposing if the President disagrees with the Prime Minister?
AG: Then it can be taken before Parliament.

CJ: If Parliament is silent?
AG: Parliament will then discuss it as the representative of the people. The President and the Prime Minister is not the final authority on the issue. In Parliament you cannot ignore the President and say this is 'my view' and you have to proceed. Parliament will consider it extensively and there is no 'one man's' version that can decide on the citizenry. In such a situation there is no need for a referendum because the decision is taken by the people's representatives. The composition of the Constitution Council appointed by the President, Leader of the Opposition and other parties also has a nominee of the President.
CJ: Appointing of the Constitution Council must be done with responsibility...

AG: All have the responsibility to appoint intelligent people.
CJ: Who is the head of the Cabinet?
AG: Prime Minister
CJ: What is the role of the President?
AG: When the President comes to the Cabinet he is the Head.

CJ: Who summons the Cabinet? President also can summon the Cabinet.
AG: President remains as the Head of the Executive.
CJ: I extend thanks to the AG and all the counsel who made submissions on the 19th Amendment and I will communicate the determination to the Speaker.