Jan 28, 2018

Cabinet is illegal – Sarath N. Silva Featured

Former chief justice Sarath N. Silva says any decision taken by the government after 31 December last year can be challenged at courts in light of the fact that the unity government agreement expired on that day.

Parliament has not approved an extension of the agreement, he was quoted by ‘Mawbima’ as pointing out.

He also said that as per clauses 46 (1) a and 46 (1) b of the 19th amendment to the constitution, the cabinet should have a maximum of 30 members and deputy and state ministers altogether should not exceed 40.

However, the cabinet has 45 members while the other ministers number 45, he said.

A fraudulent clause

Silva also claimed that clause 46 (4) of the 19th amendment that says a unity government should be approved by the House with a simple majority was fraudulent.

The present government is not formed in accordance with clause 46 (5), he went onto charge, adding that the law should be changed to make it compulsory that any unity government was formed with a 2/3 parliamentary majority.