Oct 20, 2018

‘Country in anarchy; President can dissolve parliament’ – Sarath N Silva Featured

In a situation where the country is in anarchy the President who holds the sovereignty of the people has the power to dissolve parliament according to paragraph 3,4 of the constitution, former Chief Justice Sarath N. Silva had told the Sunday ‘Mawbima’ newspaper.

He said at a time when the country is in disarray and the need for the President’s intervention for the common benefit of the people, the President has the absolute legal power to make the necessary changes and urged the President to first have the SLFP leave the government, then dissolve parliament and eventually call for an election.

Responsibility of the Election Commission!

Under these circumstances, the Election Commission is bound to carry out the orders of the President and should take measures to hold an election, said former CJ Silva, adding that at the time of dissolving parliament, the President has the power to announce the date the new parliament would convene.

He said under the 19th amendment to the constitution, it is a grave shortcoming not to present a solution when the country is in anarchy, adding that as the state leader the President has all legal provisions to fill this void. He said this is the best opportunity for the President to save the country from this dire predicament and the best opportunity to dissolve parliament and call for an election.

The former Chief Justice noted that as several parties had campaigned for President Maithripala Sirisena during the 2015 Presidential election, he would present this proposal to the President.