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Performance of the Constitutional Duties of the President and the Constitutional Council

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PRESS RELEASE ISSUED BY THE PRESIDENT’S MEDIA DIVISION

The President of the Republic of Sri Lanka under Article 4(b) of the Constitution is the organ of government through which the executive power of the People including the Defence of Sri Lanka is exercised.

The President as the head of the executive is duty bound to make certain appointments to high offices, including the Inspector General of Police, according to the procedure stipulated by the Constitution and in line with the President’s Constitutional duty to exercise powers pertaining to the Defence of Sri Lanka.

Therefore, the President must perform his Constitutional duties without any impediment or interference. Under Article 41C of the Constitution, the appointment of the Inspector General of Police is carried out subsequent to a recommendation made by the President to the Constitutional Council, and on the approval of such recommendation by the Constitutional Council.

Any restraint placed on the President in the performance of his Constitutional duty would be in contravention of the Constitution. If the President exercises his powers contrary to the Constitution, the remedies available have been provided for in the Constitution itself.

The Constitutional Council, which is chaired by the Hon. Speaker of Parliament and established under the Constitution has been empowered to assist the President in the making of certain decisions and is part of the Executive.

The Constitutional Council is duty bound to perform its functions in terms of the Constitution. Requiring the Constitutional Council to refrain from performing its functions pertaining to the appointment of the Inspector General of Police under Article 41C of the Constitution would be in violation of the Constitution.

If the Constitutional Council exercises the power conferred on it in violation of the Constitution, remedies have been provided for in the Constitution itself.

The Hon. Speaker is the head of Parliament and under Article 4C of the Constitution the Parliament exercises the judicial power of the people through Courts. The Parliament is therefore responsible only to the people.

The President will refer these matters to the Parliament for further elucidation.

 



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Karu argues against scrapping MPs’ pension as many less fortunate members entered Parliament after ’56

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Karu Jayasuriya

Former Speaker of Parliament Karu Jayasuriya has written to President Anura Kumara Dissanayake expressing concerns over the proposed abolition of MPs’ pensions.The letter was sent in his capacity as Patron of the Former Parliamentarians’ Caucus.

In his letter, Jayasuriya noted that at the time of Sri Lanka’s independence, political participation was largely limited to an educated, affluent land-owning elite. However, he said a significant social transformation took place after 1956, enabling ordinary citizens to enter politics.

He warned that under current conditions, removing parliamentary pensions would effectively confine politics to the wealthy, business interests, individuals engaged in illicit income-generating activities, and well-funded political parties. Such a move, he said, would discourage honest social workers and individuals of modest means from entering public life.

Jayasuriya also pointed out that while a small number of former MPs, including himself, use their pensions for social and charitable purposes, the majority rely on the pension as a primary source of income.

He urged the President to give due consideration to the matter and take appropriate action, particularly as the government prepares to draft a new constitution.The Bill seeking to abolish pensions for Members of Parliament was presented to Parliament on 07 January by Minister of Justice and National Integration Dr. Harshana Nanayakkara.

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Johnston, two sons and two others further remanded over alleged misuse of vehicle

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Former Minister Johnston Fernando and others being escorted out of the Wattala Magistrate Court premises yesterday

Five suspects, including former Minister Johnston Fernando and his two sons, who were arrested by the Financial Crimes Investigation Division (FCID), were further remanded until 30 January by the Wattala Magistrate’s Court yesterday.

The former Minister’s , sons Johan Fernando and Jerome Kenneth Fernando, and two others, were arrested in connection with the alleged misuse of a Sathosa vehicle during Fernando’s tenure as Minister.

Investigations are currently underway into the alleged misuse of state property, including a lorry belonging to Lanka Sathosa, which reportedly caused a significant financial loss to the state.

In connection with the same incident, Indika Ratnamalala, who served as the Transport Manager of Sathosa during

Fernando’s tenure as Minister of Co-operatives and Internal Trade, was arrested on 04 January.

After being produced before the Wattala Magistrate’s Court, he was ordered to be remanded in custody until 09 January.The former Sathosa Transport Manager was remanded on charges of falsifying documents.

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CIABOC indicts MP Chamara Sampath in HC on bribery allegation

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The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) yesterday informed the Colombo Magistrate’s Court that indictments had been filed in the Colombo High Court against former Minister and NDF Badulla District MP Chamara Sampath Dassanayake over a corruption allegation.

The Bribery Commission notified the court when the case, in this regard, was taken up yesterday before Colombo Chief Magistrate Asanga S. Bodaragama.

At the hearing, the CIABOC notified the court that indictments had been presented before the Colombo High Court against the accused.

Accordingly, concluding the proceedings before the Magistrate’s Court, the Magistrate ordered MP Dassanayake to appear before the High Court once a notice was issued.

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