Lawyers Collective condemns Range Bandara’s proposal to postpone polls

• Highlights “democracy deficit” in SL referencing 2022 Aragalaya uprising, which indicated lack of public confidence in Govt.
• Argues President Ranil Wickremesinghe elected amid public discontent, should uphold democratic principles and respect people’s sovereignty
• Says Bandara’s proposal is dangerous, made in bad faith, and disregards SL’s Constitution while abusing the rejected Parliamentary majority’s power
• Stresses regular elections are essential for democracy and condemns any attempt to interfere with the process as an authoritarian move

The Lawyers Collective yesterday strongly condemned a recent statement made by the United National Party (UNP) General Secretary Palitha Range Bandara proposing a public referendum to extend the terms of the current President and Parliament by two years. 

Bandara made this suggestion during a press conference held at the UNP head office, claiming it was necessary to “save the nation.” The President, UNP leader, and other UNP members have distanced themselves from Bandara’s statement, dismissing it as his personal view.

The Lawyers Collective criticised the proposal, highlighting the current “democracy deficit” in Sri Lanka. They recalled the mass citizens uprising of 2022, known as Aragalaya, which expressed a complete lack of public confidence in the Government and its officials. The Collective argued that the President, who took office amid such public discontent, has a duty to uphold democratic principles and respect the sovereignty of the people. The organisation said instead, the President has avoided holding Local Government elections in 2023 and pursued a legislative agenda perceived as repressive and authoritarian, supported by a legislative majority that lacks legitimacy.

The Collective pointed out that, according to the Constitution, the President’s term is limited to five years, as is the term of Parliament. They noted that extending these terms would require a constitutional amendment, which necessitates a two-thirds majority in Parliament and a public referendum. They argued that such an amendment would fundamentally alter the Constitution’s structure and undermine the sovereignty of the people.

The statement by Bandara was deemed dangerous by the Lawyers Collective, as it suggests that extending the terms of the current President and Parliament is essential for the nation’s salvation. This notion, they argue, is made in bad faith, disregards the Constitution, and abuses the power of the two-thirds majority in Parliament, a majority that the public has already rejected. The Collective stressed that the proposed extension contradicts the Constitution’s spirit, which is enshrined in its Preamble, emphasising principles of representative democracy and the protection of fundamental rights. They questioned whether any constitutional amendment should be permissible solely on the basis of a parliamentary and public majority, suggesting that amendments should also adhere to the principle of “constitutional morality.”

The Lawyers Collective concluded by asserting that democracy in Sri Lanka relies on the people’s ability to endorse or reject the policies of their leaders through regular elections in presidential, parliamentary, and local government. They stressed that any attempt to interfere with this democratic process must be categorically rejected and condemned as an authoritarian move to undermine democracy.