President Sirisena’s actions reminiscent of ‘constitutional coup’: Lawyers for Democracy

Monday, 29 October 2018 00:00 - - {{hitsCtrl.values.hits}}

Activist lawyers yesterday slammed the actions of President Maithripala Sirisena as reminiscent of a ‘constitutional coup’, and urged him to summon Parliament to end the political turmoil and resolve the issue.

Lawyers for Democracy (LfD) said that having studied the legal position, they believed the removal of existing Prime Minister Ranil Wickremesinghe from Office and the purported appointment of Mahinda Rajapaksa as the new Premier was “unconstitutional and undemocratic”.

“The constitutional crisis over the PM post must be democratically and peacefully resolved before a court of law, or the floor of Parliament, through demonstrating majority support for either Prime Minister Wickremesinghe or Rajapaksa,” LfD said in a statement issued yesterday.

LfD, which played a significant role in mobilising the legal fraternity following the impeachment of Chief Justice Shirani Bandaranayake and in the run up to the January 2015 Presidential election, said the President’s actions to prorogue Parliament until 16 November deprived Parliament from taking up and resolving the matter.

“The concept of a Unity Government set out for the first time in the 19th Amendment is not linked to the appointment or removal of a Prime Minister. There is no direct consequence of ending a Unity Government for the dissolution of the Cabinet or removal of the Prime Minister,” LfD argued, countering the JO’s main argument for Friday’s sacking and new appointment. “The context in which the President has acted is contrary to the very essence of the 19th Amendment and the basic values of the Constitution. The action of the President, a reminiscent of a constitutional coup, is also contrary to the mandate given to the President at the January 2015 election. The President should immediately revoke the prorogation or summon Parliament so as to de-escalate the constitutional crisis created,” the statement said.

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