The Parliament Has Spoken
මාස් එල්. යූසුෆ්
With the swearing in of the Member of Parliament Mr. Mahinda Rajapaksaas the Prime Minister on 26th October 2018, President Sirisena literally placed the whole nation in harm’s way. Thank God, sanity prevailed and what would otherwise had been a blood bath was averted.
The Brussels based International Crisis Group (ICG) had this report filed. “On 26 October, Sri Lanka’s President Maithripala Sirisena abruptly dismissed the prime minister, Ranil Wickremesinghe, and appointed controversial former President Mahinda Rajapaksa to the premier’s post, in a move that contravenes the constitution and threatens to destabilise the country. Rajapaksa’s appointment has already emboldened his supporters, with their actions provoking violence. More unrest is likely as the president and the new prime minister seek to consolidate support. The struggle for power jeopardises progress on reforms, ethnic reconciliation, and prospects for peaceful and fair elections in 2019.” (Crisis Group Asia Briefing N°152, Brussels, 31 October 2018).
It further noted that the power struggle now underway between Rajapaksa and Wickremesinghe has already turned violent, with the new prime minister’s supporters attempting to stop a recently ousted minister from entering his office and clashing with his security detail. Risks of further bloodshed are high, particularly if mass protests by Wickremesinghe loyalists continue over the coming days.
International Pariah
This move was a rash and negligent act for which the President should be held responsible. Besides placing the country on the brim of violence, he had by his imprudent act tarnished the image of one of the oldest democracies in South Asia. He also placed the economic interests of Sri Lanka in jeopardy. Foreign governments and organisations were reconsidering their economic support which were linked to democratic governance. The threat of European Union withdrawing preferential trade benefits, only restored to Sri Lanka in 2017 was imminent due to the unconstitutional change of power. The U.S. was urged by the ICG to immediately suspend the process for final approval of $450 million in economic development funding from the Millennium Challenge Corporation. Japan was reviewing the loan for the light rail project. In an unprecedented move ICG also recommended that Governments should begin to consider applying targeted sanctions against Sirisena, Rajapaksa, their families and their close associates should Sri Lanka’s constitutional coup proceed.
Abuse of Power
Following the appointment of the new Prime Minister, the alliance of the dismissed Prime Minister Ranil Wickremasinghe were fully geared to meet in Parliament. The institution where they have to test as to who commanded the majority in the Parliament according to the Constitution. To add salt to injury and of course, most unethically, President Sirisena committed another act of impudence by proroguing the Parliament on 27 October 2018. Thereby, depriving the floor test to ascertain majority in Parliament. Political analysts viewed the act of prorogation as a means of buying time to garner support for the new Prime Minister. The President by virtue of the powers vested in him by Article 70 of the Constitution can prorogue Parliament. However, given the circumstances and the timing of the order to prorogue Parliament, arguably the question arises if there has been an abuse in the use of such power.
The President is expected to act not inconsistent with the provisions of the Constitution and custom or usage. The duties in relation to the Constitution is stated as follows:
