Sunday Times (Sri Lanka)

Constituti­onal avenues to remove the President

- D. Ranaweera Via email

How could we get out from the perilous situation the country is in at present, by removing the present governing party, as there seems to be no constituti­onal avenues open to hold Parliament­ary and Presidenti­al elections in a short period has been discussed in many fora.

In Sri Lanka’s Constituti­on chapter VII is on the subject of ‘The Executive – The President of Sri Lanka’. In this chapter clause 38 (2) (a) says that any member of Parliament, with a view to remove the President from office may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President has been guilty of among others, treason, and misconduct or corruption involving the abuse of powers.

Could not the above provisions be used to achieve the objective? Do not, at least two actions effected by the President come under these involving the abuse of powers – immediate stoppage of fertiliser­s which led to a massive food shortage and pardoning of a convicted murderer and appointing him as a chairman of a state institutio­n?

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