SRI LANKA: PRESIDENT’S PROCLAMATION DISSOLVING THE PARLIAMENT HAS TO BE TREATED AS NULL AND VOID. – LAWYERS FOR DEMOCRACY.

30/04/2020


Lawyers for Democracy views with deep concern the failure of the President to summon Parliament under Article 70(7) of the constitution.  Article 70(7) of the constitution clearly sets out that at any time after the dissolution of Parliament the President is satisfied that an emergency has arisen of such a nature that an earlier meeting of Parliament is necessary the President can by a proclamation summon the Parliament which was dissolved and thereafter such Parliament will stand dissolved upon the termination of the emergency or the conclusion of the General Election whichever is earlier.

Undoubtedly an emergency has arisen firstly, for the reason of the COVID-19 pandemic and its impact on the economy and the administration of the country, and secondly due to the fact that the General Election had to be postponed to a date after the date stipulated in the proclamation dissolving the Parliament dated 2nd March 2020.  Our country has not faced such a serious emergency situation during our life time.

It is true that Article 70(7) has vested the discretion on the President.  But under our law there is no absolute or unfettered discretion and any discretion vested in an authority cannot be used arbitrarily.  Under our law, discretion is vested in a public authority with the trust that the public authority will use the discretion in the interest of the public to uphold the purpose for which such discretion is vested in the public authority in trust.

Lawyers for Democracy is of the view that a constitutional crisis can be averted by summoning the Parliament under Article 70(7).

Further, it is plainly clear that the President is vested with the power to dissolve Parliament after 4 ½ of its five year term under Article 70(1) only on the condition under Article 70(5) (a) that the proclamation dissolving Parliament shall summon the new Parliament to meet on a date not later than 3 months after the date of such proclamation.  Since the Election Commission under unavoidable and unforeseen circumstances has postponed the General Election to the 20th of June, the proclamation of 2nd March 2020 dissolving Parliament and fixing the date of the sitting of new Parliament before the expiry of 3 months after dissolution, that is, before 2nd June 2020 cannot be a reality therefore the proclamation of 2nd March 2020 dissolving Parliament is not valid and the proclamation of 2nd March has to be treated as null and void.

Therefore, Lawyers for Democracy calls upon the President to summon the Parliament by a proclamation under Article 70(7) of the constitution and to summon the new Parliament to meet on a date after 20th June and thereby uphold the constitution and avoid a constitutional crisis.