Sri Lanka’s President Maithripala Sirisena has referred to the Attorney General’s department the vexed question as to whether under the terms of the 19th Amendment to the constitution the President can change the Prime Minister. Those who believe that this is possible include the former CJ Sarath N Silva.
Meanwhile the beleaguered Sri Lankan Prime Minister Wickremesinghe who has come under fire after his United National Party was given a comprehensive drubbing at the recently concluded Local government polls, issued a statement to selected members of the Media in which he declared that he will carry on as Prime Minister under the provisions of the Constitution.
Civil rights activist Rusiripala Tennekoon maintains that under Section 43 (3) of the 19th Amendment, the President has ipso facto the discretion to change the cabinet of Ministers. In so doing, Mr Rusiripala maintains, the position of the Prime Minister ceases – permitting the President to appoint a new Prime Minister and Cabinet of Ministers thus ensuring its continuity.
The former Chief Justice Sarath N Silva states that due to the fact that there is no current agreement in place to continue the national unity government, the entire cabinet must cease to exist and the President is within his constitutional powers to choose a new (or same) Prime Minister and up to 29 others to act in the Cabinet.
The appointment of a Prime Minister is up to the President who can appoint a MP who in his opinion can command the respect of the House. There is no provision to state that the President must be aware of the numbers before the appointment. This provision can then be tested in parliament if there is a challenge to that respect envisaged by the Presidential opinion.
As for the proviso of a national government that can only be formed by the party having the largest number of members in parliament. In this instance it shall mean the United National Party.
This then translates to mean that if President Sirisena changes the Cabinet and therefore the Prime Minister too, the SLFP / UPFA will be constrained by the provisions of the 19th Amendment to have a maximum of 30 Cabinet Ministers.
