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President uses powers under Article 44 (2) of Constitution to delegate Ministry and non-Cabinet functions
Confusion remains as to hold Defence portfolio as 19A bars President from holding ministerial portfolios
Minister of State for Defense Chamal Rajapaksa has been assigned the Department of Immigration and Emigration, one out of the 31 state institutions that come under the purview of Ministry of Defence, by President Gotabaya Rajapaksa. The State Minister was assigned the Department by the President in a Gazette notification published detailing the duties and functions of the State Minister.
The President has used his powers under Article 44 (2) of the Constitution which gives him the power to determine the assignment of subjects and functions to Ministers and non-Cabinet appointed by him.
Other State Ministers were assigned their subjects and functions by the Cabinet Ministers under whose purview they come but there is no clarity as on whether the President can hold the portfolio of Defence Minister under the 19th Amendment to the Constitution.
Thirty-one state institutions including the Police Department, State Intelligence Service (SIS), Registration of Persons Department, National Dangerous Drugs Control Board as well as the Telecommunication Regulatory Authority (TRC) come under the purview of the Defence Ministry.