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Prez can dissolve P'ment under 33 (2) C of 19 A: Fmr. CJ

2018-11-08 08:27:06
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Former Chief Justice Sarath N Silva said yesterday the President had been vested with powers to dissolve Parliament under 33 (2) C of the 19th Amendment to the Constitution.

He told Daily Mirror that this special provision was incorporated into the Constitution under duties, powers and functions of the President in accordance with the judgment of the Supreme Court.

He said this special provision says that “in addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power to summon, prorogue and dissolve Parliament.

He said the 19th Amendment brought in by the Ranil Wickremesinghe government in 2002, sought to remove the powers of President to dissolve parliament and make provisions that the President can dissolve Parliament only on the basis of a resolution passed with a simple majority in parliament, but this was challenged in the Supreme Court by several petitioners and the SC gave a ruling that it should be approved by a two thirds majority in Parliament and approved by the people in a referendum.

He said the present government amended Article 70 of the Constitution in the manner that the President may by Proclamation, summon, prorogue and dissolve Parliament: Provided that the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting, unless Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of members.

He said when amending Article 70, section 33 (2) C was introduced in the 19th Amendment in 2015 in accordance with the judgment of the SC and added that the prevailing provision of the Constitution was 33 (2) C.

“The President can act on his own in a critical situation or on a resolution approved by the Parliament when dissolving Parliament. This new section was incorporated to evade a referendum,” he said. (Ajith Siriwardane)


  Comments - 32

  • Unchikun Thursday, 8 November 2018 08:32

    Number game has failed. By a lottery ticket .

    Reply : 11       171

    Love Sri Lanka Thursday, 8 November 2018 12:46

    “Our Motherland a lot. Not because the violence of bad people. But because of the silence of the good people.”

    Reply : 0       56

    Dillan Thursday, 8 November 2018 08:34

    Can president change someone's wife to someone else?. I think it is possible in srilanka

    Reply : 13       213

    lalantha Thursday, 8 November 2018 10:13

    yes according to this nutty former CJ that will be possible,,he cares for this fools opinions,,so many bad judgements given by him,,he sure must be in the bribe net,

    Reply : 13       118

    shanthapriya Thursday, 8 November 2018 10:13

    If possible MY3 would have exchaned his wife with RW s wife by now

    Reply : 7       90

    Siripala Thursday, 8 November 2018 10:05

    Another opportunitist.

    Reply : 13       124

    nk Thursday, 8 November 2018 10:06

    critical situation , if it is made up by president, what should do? dissolve Parliament or President

    Reply : 5       63

    sk Thursday, 8 November 2018 15:52

    Go and jump into the bloody Beire Lake wearing an amude

    Reply : 0       16

    Ruwan Thursday, 8 November 2018 10:07

    This man alone had done more damage to the country with his politically bias judgements when he was CJ. And we still have not forgotten what he was upto with his lady friend on the parliament road when he was booked by a police officer. This man has no absolutely no shame!!

    Reply : 7       121

    Faz Thursday, 8 November 2018 10:08

    See the opinion given by one of the worst and third grade CJ in the history of this country.

    Reply : 8       115

    Harini Thursday, 8 November 2018 15:09

    But YOU are not biased in your opinion right?

    Reply : 7       8

    KOLA KOTIYA Thursday, 8 November 2018 10:26

    IMPEACHED SIRISENA AND SEND HOME. THEN DISSOLVE THE PARLIMNET AND GO FOR A PRESEDENTAIL ELECTION

    Reply : 9       109

    Wimal Thursday, 8 November 2018 12:16

    Recent memory loss is sign of dementia .and no treatment i for it They usually commit suicide.

    Reply : 3       43

    tilak Thursday, 8 November 2018 12:16

    former CJ's opinions do not matter.What does the current CJ say?AG has already refused to comment

    Reply : 3       54

    Hubert Thursday, 8 November 2018 12:34

    On the way home he can dissolve

    Reply : 1       40

    ali Thursday, 8 November 2018 15:09

    dissolve or discharge??

    Reply : 0       8

    shanta Thursday, 8 November 2018 12:43

    Dear Mr.Silva,you have done enough damage to our contry and we all remember you have applogize from the nation in this regards ,pls.we do not want your opion any more

    Reply : 4       58

    Medahath Thursday, 8 November 2018 12:50

    He was the culprit for all bad decisions made in the past. Unless his decision on the crossing over, this ugly foul play will no more exist. Don't believe or trust this guy any more.

    Reply : 3       50

    jonny Thursday, 8 November 2018 14:44

    Why he was caught jumping in a parked car too!! crazy AH

    Reply : 1       22

    Zub Thursday, 8 November 2018 12:51

    Moron, you' re the cause of many problems in this country, shameless fellow. Keep your bloody mouth shut the whole country knows how bad your judgements were.

    Reply : 3       48

    Ashok Thursday, 8 November 2018 13:24

    Alzheimer Patient Talking...

    Reply : 3       40

    Redflame Thursday, 8 November 2018 13:27

    Dont hear to him. Not a genuine man an opportunistic.

    Reply : 5       37

    johan Thursday, 8 November 2018 13:44

    This man does not have any caliber.Just a mouth piece to someone

    Reply : 4       36

    ravin Thursday, 8 November 2018 14:32

    Let him to give his opinion to be from a back seat of official car behind the parliament.

    Reply : 3       20

    jonny Thursday, 8 November 2018 14:41

    You are the one who made an atrocious SC decision allowing MP's to jump from one party to another. You have been jumping from side to side. You were also caught jumping in a parked car. Stop your 2 cents without making more blunders in this small nation.

    Reply : 2       27

    Sunnyman2020 Thursday, 8 November 2018 14:45

    If he was in a developed country he would have been jailed for life got atrocities done to Sri Lanka by thus man covering behind CJ position. I hope there is god to look into our miseries

    Reply : 1       26

    Sincere Thursday, 8 November 2018 15:10

    Those who accepted his dead ropes always suffered. He himself said it on stage during the elections.

    Reply : 0       10

    ishan Thursday, 8 November 2018 15:19

    Useless fellow - let him try gedara yana gaman

    Reply : 0       12

    Unchikun Thursday, 8 November 2018 15:34

    All these joker from both camps rattle off numbers from the constitution. We get screwed.

    Reply : 0       7

    Siva Thursday, 8 November 2018 15:55

    Which version of the Constitution is this the Sinhala version shown to the diplomats, the English version or the own version of this former CJ

    Reply : 1       15

    Moiez Thursday, 8 November 2018 21:29

    This fellow is struggling to get a post again as CJ,all these days he was hiding and now he has raised his head.

    Reply : 1       2

    Chandrametha Thursday, 8 November 2018 22:16

    Sri Lanka have a chief justice in office. With other erudite and learned judges in supreme court, they can interpret the 19th amendment thus removing ambiguity if requested to do so. It is timely you enjoy your retirement without adding further confusion, not that it would hold water, I wonder how many years lapsed since you retired from the high office!

    Reply : 0       7

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