Legal setback for Sri Lankan president
Sirisena’s order to dissolve House and hold new polls was unconstitutional, rules SC
COLOMBO: Sri Lanka’s Supreme Courtruledunanimouslyonthursday that President Maithripala Sirisena’s order to dissolve Parliament and hold new elections was unconstitutional, a much-anticipated verdict that further embroils the Indian Ocean nation in political crisis.
A seven-judge bench of the highest court said the president lacks the power to dissolve Parliament at will before 4 ½ years from the day of its irst sitting, citing a 19th constitutional amendment that was passed in 2015, according to opposition counsel Jayampathy Wickramaratne.
Sri Lanka’s crisis began in October when Sirisena abruptly sacked thenprime Minister Ranil Wickremesinghe and appointed former strongman Mahinda Rajapaksa in his place, the culmination of years of inighting over Wickremesinghe’s economic reforms and his efforts to investigate alleged abuses during Sri Lanka’s long civil war, which ended in 2009. The military under Rajapaksa has been accused of some of the alleged abuses.
“This is a historic judgment delivered by the Supreme Court; for the irst time an act of the president has been challenged. That was possible because of the 19th amendment. Prior to that when the president was in ofice, he had full immunity,” said MA Sumanthiran, an opposition lawmaker and lawyer who argued for the petitioners.
“We are glad that the conclusion arrived at is unanimous,” he said.
While political norms dictate that Sirisena respects the verdict, the court has little ability to force him to do so, legal experts said.
Soon after being appointed prime minister, Rajapaksa sought to secure a majority in Parliament but failed.
In response, Sirisena dissolved Parliament and ordered new elections, but those actions were put on hold by the Supreme Court.
Since then Rajapaksa has been defeated twice in no-conidence motions in Parliament and has had his and his ministers’ budgets stripped by majority votes.
Nevertheless, Sirisena has resisted calls to reappoint Wickremesinghe, ignoring warnings that such a refusal could amount to a breach of the constitution.
Wickremesinghe on Wednesday won the support of 117 members in the 225-member Parliament to function as prime minister.
Lawmakers could attempt to impeach Sirisena, but that requires 2/3 of the votes in Parliament, and Wickremesinghe commands only a simple majority.