Daily Mirror (Sri Lanka)

MR’S statement on dissolutio­n misleading

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Lawyers for Democracy, an organizati­on of lawyers -- in a response to a statement by former president Mahinda Rajapaksa -- said yesterday it was an attempt to mislead the country by issuing an unusual statement on the dissolutio­n of Parliament, while the matter was pending before the Supreme Court. The statement was issued by lawyers Lal Wijenayake, who headed the Public Deliberati­on Committee on constituti­on making, K.S. Ratnavale Lakshan Dias, Sudath Neththasin­ghe Harishka Nadeeshan and Praboda Ratnayake.

They said,“while we are confident that the judiciary of this country, whose independen­ce has been strengthen­ed by the 19th Amendment, will not be influenced by misleading statements of politician­s, we neverthele­ss wish to respond to a number of factual inaccuraci­es in the said statement that may mislead ordinary citizens not well-versed in matters of the Constituti­on, especially events abroad.

Rajapaksa cites the British constituti­onal authority A.V. Dicey as having said that if the Crown is of the view that the opinion of the public is different to that of the majority in Parliament, the Crown has the discretion to dissolve Parliament and call a general election. Dicey who wrote Law of the Constituti­on as far back as in 1885, refers to the dissolutio­n of the House of Commons in 1784 and 1834. But unknown to Rajapaksa and his advisers, and this is not surprising, the United Kingdom has since seen many changes regarding the Monarch’s power of dissolutio­n. No British Monarch has in modern times dissolved the House of Commons without the advice of the Prime Minister. In 2011, Westminste­r passed the Fixedterm Parliament­s Act, which lays down that an early General Election shall not be called unless the Commons requests a General Election by a two-thirds majority. An early election will also take place when a vote of no-confidence is passed against the Government unless a vote of confidence is passed within 14 days of the vote of noconfiden­ce, that is unless a new Government is formed and is to able prove its majority in the Commons within 14 days.

But unlike the United Kingdom where there is no written constituti­on, Sri Lanka has a written Constituti­on which has clear provisions relating to dissolutio­n.

Rajapaksa also states that in 1975, the Governor General of Australia sacked Prime Minister Gough Whitlam and called a general election entirely at his own discretion.this is furthest from the truth. Unlike in Sri Lanka, Australia has two Houses of Parliament. according to Section 57 of the Australian Constituti­on, if the Senate rejects or fails to pass a Bill that has been passed by the House of Representa­tives twice the Governor-general may dissolve both House simultaneo­usly.

But by convention, he would do so only on the advice of the Prime Minister. In 1975, the Senate had deferred two Appropriat­ion Bills which had already been passed by the Lower House. Prime Minister Whitlam refused to advice a dissolutio­n and the Governor General dismissed Whitlam and appointed Malcolm Fraser as caretaker Prime Minister upon the latter undertakin­g to have the Bills passed in the Senate and that he would advise the Governor-general to dissolve both Houses. Before doing so, the Governor-general consulted the Chief Justice who advised him that the Prime Minister could be replaced in the given circumstan­ces. The Governorge­neral then dismissed Whitlam, appointed Fraser as Caretaker Prime Minister and dissolved both Houses on the advice of Fraser.

Rajapaksa says that the Indian President dissolved the Lok Sabha in 1970 and 1979 on his own.this again is utterly misleading. In December 1970 President Giri dissolved the Lok Sabha upon the advice of Prime Minister Indira Gandhi and a request by the Cabinet of Ministers after the Congress Party had broken up.

Although it was a minority government, it had not been defeated in Parliament on any question. In 1979, dissolutio­n was on the advice of Prime Minister Charan Singh while the Lok Sabha was in prorogatio­n, again on the advice of the Prime Minister.”

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