Wijeyadasa Rajapakshe remains in Constitutional Council

President Maithripala Sirisena unceremoniously removed Wijeyadasa Rajapakshe from his portfolio of Minister of Justice and Buddha Sasana.

The former Minister is also a member of the Constitutional Council and his presence there is now the subject of attention of the coalition leaders. Some legal advisors opine that he cannot be removed and would have to complete his three year term or submit his resignation.

Rajapakshe was nominated by Prime Minister Ranil Wickremesinghe in accordance with provisions of the 19th Amendment to the Constitution.

He is one among five persons appointed by the President, on the nomination of both the Prime Minister and the Leader of the Opposition. The 19th Amendments says of these five, two should be Members of Parliament.

This amendment makes no provision for the removal of a member. The relevant provision of the 19th Amendment says a member “shall hold office for a period of three years from the date of appointment unless the member earlier resigns his office by writing addressed to the President, is removed from office by the President on both the Prime Minister and the Leader of the Opposition forming an opinion that such member is physically or mentally incapacitated and is unable to function further in office or is convicted by a court of law for any offences involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 of the Constitution or is deemed to have vacated his office……”

The question is whether Rajapakshe will remain a CC member until his term ends?