Dissolution If Constitutional Amendment Not Passed
By Bandu de Silva -April 9, 2015
Bandu de Silva
The repeated announcement by the government that the Parliament would be dissolved if the proposed 19th amendment to the Constitution would not be passed brings to my mind a situation that prevailed in Australia when the Menzies government failed in its attempt to get the Communist Party Dissolution Bill passed. Though there was all round support for proscribing the Communist Party including even among sections of the Labour Party (ALP), it was the High Court ruling that the Commonwealth government had no Constitutional powers to bring such legislation that put a damper to the projet.
Frustrated by the Court ruling, Menzies went in for what is called the ‘Double Dissolution,” i.e., the dissolution of both the Parliament and the Senate at the same time. The Liberal Party’s success at the polls in April 1951 saw a determined Menzies going in for a referendum seeking power for a Constitutional amendment enabling the commonwealth government to outlaw the Communist Party which the High Court had clearly said, the Commonwealth did not possess.
In Australia, getting a referendum approved was not an easy task either. It had to receive a ‘yes’ vote not only from the entire national electorate, but also a ‘double majority’. That is a majority in at least four States. That meant the Government required the support of the Opposition Labour Party which was in control of some of the States. The ALP was divided on the issue and the Catholics supporting the ALP came out strongly against the referendum on grounds that the government would get excessive power. The issue for the whole country then was that a ‘yes’ vote would give excessive power to the Commonwealth (read Prime Minister). The referendum failed to receive majority approval finally.Read More