Jayampathy: Cabinet can have 32 members including Prez, PM
Constitutional expert and National List MP Dr. Jayampathy Wickremaratne, PC, yesterday said that the 19th Amendment to the Constitution provided for appointing two more Cabinet ministers.
Parliament enacted 19th Amendment in late April 2015.
Dr. Wickremaratne asserted that though the 19th Amendment (46. [1]) restricted the number of cabinet ministers to 30 and non-cabinet positions to 40, in terms of the said law, both the President and the Prime could be accommodated outside the prescribed 30.
Dr. Wickremeratne said so when The Island asked him whether only 29 lawmakers, including Premier Ranil Wickremesinghe had been appointed to the Cabinet on Dec 20 because President Sirisena, too, was considered one of the stipulated 30 ministers. Dr. Wickremaratne said that as only members of the parliament could be appointed as ministers, President Sirisena certainly couldn’t be considered as being one of the 30. Dr. Wickremaratne pointed out as Cabinet appointments were made by the President on the advice of the Prime Minister, the latter, too, could be safely considered as special category though he was a member of parliament.
Responding to another query, the former presidential advisor on constitutional affairs said that the government could go ahead with two more cabinet appointments if consensus could be reached with President Sirisena.
Asked whether they had to consult the Supreme Court in this regard, Dr. Wickremaratne said that there was absolutely no requirement to do. However, the President could seek a Supreme Court opinion, Dr. Wickremaratne said, adding that the public had the right to challenge the government in the Supreme Court.
Dr. Wickremaratne emphasised that Maithripala Sirisena held cabinet portfolios in his capacity as the President and, therefore, he couldn’t be considered a member of the 30 members of the Cabinet.
Responding to another query, Dr. Wickremaratne recalled the stand taken up by President Chandrika Bandaranaike Kumaratunga when her People’s Alliance (PA) reached an agreement with the JVP for a power-sharing agreement under which the cabinet was restricted to 20. Kumaratunga insisted that the President and the Prime Minister should be accommodated in the Cabinet in addition to 20 appointed from members of the parliament. Dr. Wickremaratne said that at the time there hadn’t been any constitutional restriction on the number of cabinet ministers.
Meanwhile, The Island sought an explanation from non-cabinet minister and attorney-at-law Ajith P. Perera whether the creation of a special category as non-cabinet ministers was meant to bypass the relevant section of the 19th Amendment that restricted the number of Deputy Ministers and State Ministers to 40.
Kalutara District MP and Digital Infrastructure and Information Technology Minister Perera said that the prescribed 40 included all three categorized Non-Cabinet ministers, State Ministers and Deputy Ministers.
The UNPer insisted that there was absolutely no ambiguity in respect of the number of lawmakers permitted to hold positions outside the cabinet.
The President last Friday (Dec 21) appointed three non-cabinet ministers, 17 State ministers and seven Deputy Ministers leaving room for 13 more vacant positions.
Dr. Wickremaratne asserted that the government could proceed with plan to have cabinet consisting 32 (30 + President+PM) without being concerned about possible challenge in the Supreme Court. Of those who switched allegiance to the Sirisena-Wickremesinghe combine following UNP leader Ranil Wickremesinghe sacking as the Prime Minister on Oct 26, 2018 and then returned to the UNP, only Suresh Vadiwel received appointment as a State Minister. Badulla District MP was sworn in as the State Minister for plantations.
Government sources told The Island that the UNP was keen to finalize remaining non-cabinet appointments as soon as possible. Sources said that the in the absence of a simple majority, the UNP would continue to depend on the four-party Tamil National Alliance (TNA) for support in parliament.
