President says ‘anybody can sit in the opposition’ while retaining his right to annul M.P. positions of mischief makers

(Lanka-e-News- 24.Aug.2015, 10.20AM)  ‘Those who are not ready to join with the united government can sit in the opposition without forming factions,’ president Maithripala told categorically to the SLFP M.P.s yesterday at  the meeting held with their participation. Previously, several  pro Mahinda extreme racist SLFP M.P.s via the facebook had expressed they would sit in the opposition.

A constitution affairs expert speaking to Lanka e news said , if these troublesome M.P.s act in breach of party policies, there are legal provisions to annul their parliamentary positions. His analysis in a nutshell is hereunder :

In the past this had happened  in respect of a  majority of MPs who pole vaulted from the opposition to the  government side. The presidents of those governments granted  ministerial portfolios to all of them. Under the 1978 constitution, those who cross over lose their M.P.posts. This is primarily because an M.P. is elected to parliament on the votes of the party which is considered first, and therafter the preferential votes are taken into account , and hence if the M.P. thereafter acts in breach of the party policies, the constitution stipulates , the party secretary can expel that defector from the party and appoint the next in line who has polled the highest number of preferential votes.

Nevertheless,  these defectors escaped from this punishment and could circumvent the law because of a court decision given by ex chief justice (CJ) Sarath N Silva. The latter based his decision on the legal right the president has to summon any M.P. and give him a ministerial portfolio.

According to that judgement, such a defector securing a minister post is compulsory, and his M.P. position too is safeguarded. Owing to that the cabinet swelled into a mega cabinet (‘swollen headed’ cabinet), and pole vaulting from one party to another became a ‘sport and play’ for local politicians.

Today , changes have been effected to this somersaulting culture, and that cannot happen now. Those MPs  who occupy the opposition benches  shall not be appointed as ministers. Accordingly they  cannot enjoy the advantage granted under Sarath Silva verdict . Hence if they act in contravention of the party disciplinary laws under the 1978 constitution , they can be expelled by the party secretary.

In the circumstances, from tomorrow, if the MPs who sit in the opposition act counter to the views of SLFP and UPFA president Maithripala Sirisena , a disciplinary proceeding can be instituted against them, and if they are found guilty, only a letter addressed to the Elections commissioner dismissing that particular M.P. is all what is necessary. The Elections commissioner after annulling that MP’s post based on that letter, then appoints the next in line in the preferential voting list to succeed the dismissed M.P.

Not only the SLFP M.P.s, even all the UPFA M.P.s elected under the betel symbol who sit in the opposition , if they violate the stipulations in the agreement signed by the United Government , they all become liable to dismissal compulsorily, the legal expert on constitutional affairs  who made an analysis from a legal perspective revealed to Lanka e news.

 ---------------------------
by     (2015-08-24 04:58:05)