Charitha calls out President’s misuse of legislative privileges in Parliament

MP Prof. Charitha Herath

Freedom People’s Congress (FPC) member, MP Prof. Charitha Herath yesterday voiced strong opposition to President Ranil Wickremesinghe’s use of Parliamentary privilege to make statements in the House. 

Herath specifically criticised the President’s remarks in Parliament regarding the Supreme Court’s determination on the Gender Equality Bill.

Addressing Parliament, Herath emphasised that while the President becomes a member of the House through a unique process, he is not part of the Legislature but rather the Executive. He argued that the President, as the leader of the Executive, should not comment on judicial determinations from within the Legislature, as it breaches established tradition. “The benefits accorded to the Legislature are being indirectly utilised by the Executive,” Herath asserted.

Herath highlighted that the President chose to comment on the Supreme Court’s determination within Parliament, thereby exploiting the privileges granted to Parliamentary members. He underscored that the Executive can address the Supreme Court directly but however he made these comments in Parliament and not at the Presidential Secretariat in order to utilise the cover accorded to MPs. 

Furthermore, Herath pointed out that section 55(2)(b) of Parliamentary standing orders prohibits a debate on a Supreme Court determination. While acknowledging that this provision restricts the authority of the House, he stressed the importance of adhering to this tradition to maintain institutional integrity.

He reminded President Wickremesinghe that, according to the 19th Amendment to the Constitution he has a seat in Parliament but no voting rights. Herath emphasised that the Executive and Legislature are elected through separate ballot processes and must remain distinct. “The Executive is voted in from a different ballot paper, while the Legislature is appointed by a separate ballot paper. These must not be mixed,” he stated.