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GL: Constitutional constraints prevent President from holding snap presidential election

Published

3 years ago

2023/08/4

By Rathindra Kuruwita

President Ranil Wickremesinghe can start the process of seeking a new mandate only by the end of July 2024, Freedom People’s Congress (FPC) member and MP Prof. G.L Peiris says.Prof. Peiris said that a president who was elected by the people could seek a fresh mandate four years after his or her election, but a president elected by Parliament was without that right.

Wickremesinghe had been elected by parliament, and therefore he had to complete the remainder of his predecessor’s term, but he could introduce a constitutional amendment to enable himself to hold a snap presidential election, said Prof. Peiris. Such an amendment had to be passed with a two-thirds majority. There was no need for a referendum, Prof. Peiris said.

Commenting on the 13th Amendment, Prof. Peiris said that seven executive presidents before Ranil Wickremesinghe had not fully implemented it for a reason.

‘The President called for an All Party Conference (APC) on devolution. The discussion was mainly on the full implementation of 13A, i. e., with police powers. We must first try to understand why previous Presidents didn’t fully implement 13A. If the same reasons that held their hands still remain, it is impossible to continue with the APC. The Sri Lanka Podujana Peramuna (SLPP) said they would not support it. The president must present the other parties with a proposal that has the backing of the government,” he said.

Prof. Peiris said that almost all opposition political parties were of the view that provincial council elections had to be held. This should be done prior to any discussion on 13A, Prof. Peiris said.

“If there are no provincial councils with elected representatives, who is to be entrusted with the full powers of 13A?” he asked.

The MP said that the President had promised Tamil political parties that a solution to the ethnic problem would be found by the end of the year. The collapse of the APC had shown that it was not possible for him to keep his promise. By making promises that he can’t keep, the President has disappointed Tamil parties and his credibility has suffered, Prof. Peiris said.

“The ethnic problem is a complex, hard, and a very emotional issue. Only a government that has a mandate from the people can do it. J.R. Jayewardene had a five-sixths majority in Parliament. Mahinda Rajapaksa had a close to two-thirds majority. Even they couldn’t fully implement 13A. So, how can this government and the President implement 13A within months?” he asked.

Prof. Peiris added that Sri Lanka must do more to engage with China to restructure its external debt. The government seemed to think that India and Japan could talk to China on behalf of Sri Lanka.

Prof. Peiris also said that there was no constitutional requirement for the government to obtain parliamentary approval for the domestic debt restructuring agreement. The President had presented the debt-restructuring plan to Parliament to cover his back, said Prof. Peiris, adding that the President should have provided parliament with all the information. The President had only provided the staff-level agreement the government had with the IMF, six months later. Parliament had been asking for information. When Ranil was a member of the opposition, he asked the then Finance Minister Basil Rajapaksa to reveal all agreements with the IMF to Parliament. However, when he became President, he refused to do so, Prof. Peiris said.

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Related Topics:Freedom People’s Congress President Ranil Wickremesinghe

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Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations

Published

9 hours ago

2026/10/5

Thilina Walpola

Suresh Sallay

The government has chosen not to respond to questions raised by the United Nations Human Rights Council (UNHRC) regarding the detention of retired Maj. Gen. Suresh Sallay in connection with the ongoing investigations into the 2019 Easter Sunday attacks.

The Criminal Investigation Department (CID) arrested the ex-official in late February this year. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the independence of judges and lawyers have jointly raised the issue on 20 July, 2026.

Drawing attention of President Anura Kumara Dissanayake to what they called alleged arbitrary detention of Sallay, former Director General of the State Intelligence Service (SIS) and former Director of Military Intelligence (DMI), under the Prevention of Terrorism Act (PTA), as well as allegations of torture and other cruel, inhuman or degrading treatment while in custody, resulting in the grave deterioration of his health, and imminent risks of retaliation through further torture and ill-treatment resulting in irreparable harm, should he be released from hospital and returned to custody, the UN sought the government explanation with a 60-day period.

The UN has stated: “This communication, and any response received from your Excellency’s Government, will be made public via the communications reporting website at the 60 days mark. Should your Excellency’s Government respond within 60 days, both the communication and the response, may be published before the 60 days mark. The communications and responses

will also be made available in the subsequent periodic report to be presented to the Human Rights Council.”

In the absence of the government’s response, the UN posted the letter, dated 20 July, 2026, addressed to President Dissanayake. The full letter can be accessed https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=31125

News

Section of wartime KKS High Security Zone vacated to facilitate economic development in the area

Published

9 hours ago

2026/10/5

Thilina Walpola

The Army, last week, vacated an area, within the wartime high security zone in the Jaffna peninsula. The Defence Ministry said that an extent of 187.56 acres of land, belonging to the Cement Corporation in Kankesanthurai, Jaffna, has been released by the military. The released land, located in Grama Niladhari Division J/233, Kankesanthurai West, within the Valikamam North (Tellippalai) Divisional Secretariat Division, had been utilised by the Sri Lanka Army since the middle of 1997.

The release of the 187.56-acre extent forms part of the initiative to make State land available for the proposed investment zone in Kankesanthurai, thereby facilitating future investment and economic development in the area.

News

Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.

Published

9 hours ago

2026/10/5

Thilina Walpola

A complaint has been lodged with the Colombo Fraud Investigation Bureau against the Government Printer and the Secretary to the Ministry of Media regarding the online release of falsified documents bearing a forged Speaker’s certificate.

Attorney-at-Law Aruna Laksiri has lodged a complaint with the Colombo Fraud Investigation Bureau requesting legal action against the Government Printer of the Department of Government Printing (No. 118, Dr. Danister de Silva Mawatha, Colombo 08), Prasanna Jayaratne, and the Secretary to the Ministry of Mass Media (Asidisi Medura, 163, Kirulapone Mawatha, Polhengoda, Colombo 05), Dr. Anil Jasinghe.

The complaint alleges the commission of offences by forging and uploading falsified documents online using a forged Speaker’s certification, failure to perform statutory duties, and misappropriation of public property.

The complaint states that a copy of the English translation of the 22nd Amendment to the Constitution was downloaded and printed from the official website of the Government Printing Department (www.documents.gov.lk), which operates under the Ministry of Mass Media. On its outer cover and on page 1, the text “certified on 25th of September, 2026” is inscribed inside brackets.

The complaint pointed out that the Speaker has certified an English translation. Under Articles 23, 79, 83, and 80 of the Constitution, Parliament enacts laws and the Speaker certifies bills strictly in the Sinhala and Tamil languages; under the Constitution, therefore the Speaker cannot apply such certification to an English translation.