“Rulers have lost ability to govern”

“Premature dissolution possible”

JVP demands an election

by Sirimantha Rathnasekera

The JVP, claiming current constitutional provisions enable a premature dissolution, last week called for immediate dissolution of parliament and holding an election since the ruling party has lost governing control of the country.

JVP Central Committee Member and Legal Advisor, Attorney-at-Law Sunil Watagala, told the Sunday Island that the government has proved to be a failure and it should hold elections so that the people could elect a party or an alliance which could rescue the nation from the present crisis.

He said that an election can be conducted after dissolving Parliament by passing a resolution with a simple majority under the 20th Amendment. He claimed 20A contained provisions enabling the dissolving of parliament and the forming of a new government at a time like this.

“In President J.R. Jayewardene’s time Parliament could be dissolved one year after a general election. That changed under the 19th amendment. Under 19A, Maithripala Sirisena couldn’t dissolve Parliament until four-and-a-half years of the previous election. But there was a small loophole that allowed Parliament to be dissolved before four and a half years. Parliament can pass a resolution to that effect. But that needs to be passed with a two-thirds majority. Only then can Parliament be dissolved,” Watagala said.

He said that the provisions relating to dissolving parliament were under Article 70 (1). “As per the latest amendments introduced to the Constitution under the incumbent government of President Gotabaya Rajapaksa, the President may, from time to time, by proclamation summon, prorogue and dissolve Parliament.

Subject to the provisions of subparagraph (d), the President shall not dissolve Parliament until the expiration of a period unless Parliament adopts a resolution requesting the President to dissolve Parliament,” he said.

“Under the 19th amendment, a two-thirds majority is needed (for that). Under the latest amendment, whenever the term two-thirds majority isn’t specified, it is interpreted as requiring only a simple majority,” Watagala said.

He said that if the President can’t run the country properly and if the Parliament is not accountable to the people, a dissolution and new election is possible (even) with a simple majority.

“Parliament should take this serious situation into consideration and do what is necessary,” Watagala declared.