President Sirisena is constitutionally null and void

Wednesday, 17 January 2018 09:00 - - {{hitsCtrl.values.hits}}

Maithripala Sirisena assumes the office of President. It is not legal according to the Constitution of Sri Lanka. Let me explain it.

With reference to the Constitution of the Democratic Socialist Republic of Sri Lanka,

30. (2) The President of the Republic shall be elected by the PEOPLE, and shall hold office for a term of six years.

4. (e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament, and at every Referendum by every citizen who has attained the age of eighteen years, and who being qualified to be an elector as hereinafter provided, has his name entered in the register of electors.

Maithripala Sirisena was elected by citizens and not by people. Therefore, his assumption to the office of president is null and void.

The terms citizen and people are not same.

Citizen is like an employee of a company, where people is like the company owner. Though the owner can join his company as an employee, there is a clear distinction between owner and employee.

These two terms are defined in the constitution as follows:

3. In the Republic of Sri Lanka sovereignty is in the people and is inalienable...

26 (2) A citizen of Sri Lanka shall for all purposes be described only as a “citizen of Sri Lanka,” whether such person became entitled to citizenship by descent or by virtue of registration in accordance with the law relating to citizenship.

Many intellectuals read the Constitution, but they were careless so far regarding the points I made here.

In conclusion, as per the Constitution, Maithripala Sirisena cannot be the President of Sri Lanka. In turn, all decisions he made are not legal.

Lakshan Bandara