Only Parliament can abolish Executive Presidency – G.L
Posted on November 30th, 2014

Dharma Sri Abeyratne Courtesy The Daily News

The Executive Presidency cannot be abolished by a President since it has to be done through Parliament, External Affairs Minister Prof. G.L. Peiris said.z_p01-Only-Parliament.jpg

Even though executive powers are vested with the President in accordance with Article 4 B of the Constitution,the President is not able to abolish the Executive Presidency, since those powers have been vested in the Parliament by the Constitution. Therefore, common candidate Maithripala Sirisena cannot abolish the Executive Presidency even if he is elected by accident. Moreover, according to the Constitution, he (Sirisena) cannot appoint Ranil Wickremesinghe as the Prime Minister.

Minister Peiris was addressing the media at the Sri Lanka Freedom Party headquarters yesterday.

“As they point out, abolishing the Executive Presidency is not such a simple task. It is linked to the Constitution and hence it is a constitutional process. A two thirds majority of Parliament is required to abolish the Executive Presidency and sometimes, both, a two thirds majority in Parliament and a referendum are required for amending certain sections of the Constitution,” Minister Peiris said.

He added that the opposition does not have a proper stance as their utterances vary from time to time. At the very begging they say the main aim is to abolish the Executive Presidency, but now they say something different. Earlier, they said that the President should not hold any portfolios,but, now they say that the President will hold some portfolios in their government.

When the minister was asked about the government’s international policy, he said that that government never relies on foreign forces unlike Opposition Leader Ranil Wickremesinghe. He always wants to internationalise our own issues, which can easily solved by us.

“We never betray the country and never internationalise our own issues. But we maintain cordial rapport with other countries,” the minister added.

Sri Lanka Freedom Party General Secretary Anura Priyadarshana Yapa said obtaining a two thirds majority under the present electoral system is not easy and therefore the common candidate will not abolish the Executive Presidency as he says. Besides, it is suspicious as to why they want to transfer powers to Opposition Leader Ranil Wickremesinghe.

“This is really contradictory. How can the common candidate hand over powers to Ranil after abolishing the Executive Presidency?,” the minister said.

“However, the present government is genuinely attempting to abolish the Executive Presidency through the Parliamentary Select Committee (PSC). It is regrettable that the UNP or the TNA are not attending the PSC,” the minister said.

Minister Yapa noted that the opposition wants to create a rift between the Executive and the Legislature,the Executive and the Judiciary and the Legislature and Judiciary.

He added that the UPFA will launch its election campaign in a grand scale and record a landslide victory.

– See more at: http://www.dailynews.lk/?q=political/only-parliament-can-abolish-executive-presidency-gl#sthash.Rpe63IjI.dpuf

 

23 Responses to “Only Parliament can abolish Executive Presidency – G.L”

  1. NeelaMahaYoda Says:

    Looks like opposition plan got backfired again due to lack of constitution expert.

    THEY went back to the drawing board and said ”
    -joint Opposition would retain the executive presidency without EP, (Impossible without new Constitution)
    -new government would be formed in accordance with the existing Constitution,(Impossible without calling for a general elections)
    -the current parliament could continue till April next year to make it eligible for MPs to get their pensions,
    -UNP National Leader Wickremesinghe would receive the premiership,( Constitution does not allow this)
    -constitutional amendments to be achieved within 65 days unless the Supreme Court determined that constitutional changes should be subjected to a referendum (May require 2/3 majority and referendum)
    – the power sharing arrangement should continue for at least two years.

    IF SIRISENA WINS COUNTRY WILL INEVITABLE BE PLUNGED INTO AN UNPRECEDENTED CONSTITUTIONAL CRISES

  2. Ananda-USA Says:

    Palwatte Gamaralage Maithripala Yapa Sirisena is rather UNIQUE in that no other politician has hitherto been as VALUABLE as he is to BOTH SIDES of an upcoming Election!

    Consider:

    1. He is valuable to the Opposition because this stupid but brave man single-handedly rescued the Opposition from the SHEER EMBARASSMENT of not being able to locate a “Common Candidate” on their own.

    2. He is valuable to the Government because his ABSURD POLICY of abolishing the EP in 100 days is the best ADVERTISEMENT for RE-ELECTING for President Mahinda Rajapaksa by a LANDSLIDE! It will SINK the Opposition.

    His policy statement is CLEARLY ABSURD because,

    1. It cannot be done without 2/3 majority in Parliament,

    2. It would hand over power through the backdoor to Ranil, the UNP and the TNA who would promptly begin dismantling the nation, and

    3. It would end in delivering our War-Winning Leaders and War-Heroes, securely bound hand and foot, to the Western Powers for prosecution on War Crimes. This, the People of Sri Lanka would NEVER allow.

    Therefore, NEITHER the Opposition, NOR the GOVERNMENT would discourage this very valuable, but uncommonly stupid “Common Candidate”. He is their GREATEST POLITICAL ASSET at this time!

    Why would ANYONE want to discourage such a COMIC, but USEFUL, BUNGLER! People are having fits laughing their sides out at this buffoonery! This guy has a BRILLIANT FUTURE as a STANDUP COMIC on stage!

  3. Ananda-USA Says:

    The BEST LAID PLANS of MICE & MEN often go ASTRAY …. as they did in the recent BUDGET Vote!

    So, who will commit POLITICAL HARAKIRI by joining the Ship-Jumpers, soon to be HOMELESS?

    Probably this Firecracker it will FIZZLE OUT too!

    ………………………….
    Two Sri Lankan government ministers likely to cross over to the opposition next week

    ColomboPage News Desk, Sri Lanka.

    Nov 28, Colombo: Two ministers of the Sri Lankan government will likely cross over to the opposition next week, former minister MP Rajitha Senaratne hinted.

    MP Senaratne who is in common opposition candidate Maithripala Sirisena’s presidential campaign asked the media and the people to wait and see who would cross over to the opposition next week.

    The former Minister made this remark to media addressing the opposition press conference today.

    Meanwhile, sources close to the opposition said that two cabinet ministers are likely to join the opposition next week. The guesses were about Minister of Posts Jeewan Kumaratunga and Minister of State Management Reforms Naveen Dissanayaka. However, the reports are yet to be confirmed.

    Unconfirmed reports say that Western Provincial Councilors Hirunika Premachandra and Jeewan Kumaratunga’s daughter Malsha Kumaratunga will also join the opposition.

    Minister Naveen Dissanayaka who is son-in-law of Chairman of UNP Leadership Council Karu Jayasuriya has earlier indicated that he would cross over to the opposition.

    Opposition sources say the plan of the common opposition is to bring ruling party politicians one by one to the opposition during the Presidential campaign.

  4. AnuD Says:

    This election time is very good time to get abolish the 13th amendment. All the people should have asked in voice that who ever cancel the 13th amendment would get their vote.

    All the Patriots are busy bashing Maithripala Sirisena and there is no point of talking about abolishing the 13th amendment.

  5. Lorenzo Says:

    IF Hirunika (whose father was killed by UPFA MP Dumbinda Silva), Malsha and Udaya joins opposition, UPFA COLLAPSES in the WPC.

    WPC has 50% of the country’s population and that will be a MASSIVE victory for MS. Remember CBK won by winning WPC.

    Then EPC will collapse. NFF 1 seat joined UNP. IF SLMC leaves govt. UPFA collapses in EPC.

    Sumedha’s son is disgruntled in UVA. IF he and 3 others leave, UPFA collapses in UVA.

    One UPFA councilor has joined opposition in NCPC. If 4 others join opposition NCPC collapses.

    It’s all happening!!

    MR, it is now or never. SCRAP 13 amendment NOW or lose the election. Don’t play this waiting game with us. We will NOT change. You have to change. PERFECT condition to SCRAP 13 amendment.

  6. Independent Says:

    Lorenzo,
    Are you crazy ? President will NEVER scrap 13 A. Forget it. My3 may do but not him, he has committed too much and cannot take back. He must stop the direction in subtle way.
    He must get the old alliance back, somehow.

    Virtually all have forgotten it. Even Champika is avoiding it. One very old monk (I think 85+) asked him why they do not get rid of Palaath Sabha which are killing the economy. He said they will remove the “racial” component if they win power.

    Colombo district is already lost to opposition. (You just take 2010 vote of opposition and SF votes > UPFA). Surrounding need ( kalutara, gampaha etc)only 5% shift. So western PC is almost gone already and brainless fools as shouting Jayaweva ! They must suggest ways to reverse it. Only way is to get both JVP and JHU to their side. At least JHU with BBS may win Buddhist votes.

  7. AnuD Says:

    If MR wants he can scrap the 13th Amendment. Recently, Gota met even the Indian Defence minister. It is India which wants 13th amendment. There is no Indian election for years now.

    It is some buddhist – political party that suggested scrap the 13th amendment instead negotiate a deal with the Modi-govt and not with the Manmohan singh govt who does not know about Buddhist needs.

  8. NeelaMahaYoda Says:

    JHU is a dead horse now. JHU will be rejected by their supporters once they sleep with their fierce enemy UNP. BBS has now taken over the village votes. BBS can attract Sinhala Buddhist votes for MR.
    Lorenzo
    Forget about 13A at this moment. It is a dead rope. Present form of 13A is acceptable for the time being without police and land power. Remember that MR expect at least 30-40% Tamil votes also. Common opposition if wins by any chance, they will fully implement 13A and JHU will have to commit suicide.
    .

  9. Independent Says:

    NMY,
    Please watch this fully and reply again.
    Copy and paste to google search the following.

    Pathiroopa Deshayakata Pelagasena Champika Ranawaka Mathithuma

  10. Lorenzo Says:

    NMY,

    I don’t think MR will get even 5% Tamil votes let alone 30%.

    MR changed the Jaffna commander. Udaya Perera is out and Alwis is in. Udaya was NOT involved in war but Alwis was involved. He was the services intel chief as well. These are very sensitive issues for Tamils.

    Scraping 13 amendment is the ONLY hope for MR to get Sinhala votes. Tamil and Muslim votes are GONE.

    LTTE groups know MR will NOT take action against their separatist action during election time. So their violence will INCREASE requiring some TOUGH response which will further antagonize them.

  11. Lorenzo Says:

    Independent,

    Unfortunately true.

    But that is the ONLY way MR can win his lost popularity.

  12. Lorenzo Says:

    “Mahinda’s files too are with SLFP – SB”

    SB is disappointed as was not made the SLFP GS a post he held before CBK sacked him.

    This is getting very hot now.

    As I said before even SB knows he has NO future in the UPFA as long as MR, BR, NR, etc. stay.

    He will be another “YES LOGU AAMU, YES BABY AAMU” servant.

    IF MS wins the election and takes over the SLFP (OBVIOUSLY), then the weak MS (at political leadership) will NOT dominate as much as the Pajakashas do. SB also has to think of NUWARA ELIYA district. If Thonda remains with MR, the LIMITED seats in NE will go to CWC and not to SB.

    So GAME THEORY says SB should join MS.

  13. NeelaMahaYoda Says:

    Independent

    I have seen this Champika Ranawake’s speech through a link given by lankacnews.

    I still confirm that JHU is a dead horse. There are a few reasons for my conclusion

    1. GOSL has given best opportunity for Ranawaka to show his capabilities. Unfortunately he has failed that test. Apart from many reasons, most important one is corruption under coal purchase deal by Lanka Coal company private limited which has got 60% ownership by Ceylon electricity board. It took almost two years to admit that coal was purchased without proper tender procedure. He is partly to be blamed for that.

    2. His general ministerial performance was not up to the mark, so unceremoniously he was removed and from that time onward, they were looking for an exit door and an opportunity to move out.

    3. They have found the golden opportunity when somebody drafted a 19th amendment to the constitution on back of an envelope.

    4. Instead creating an opportunity to submit it to the Parliament Select Committee PSC already assigned for that purpose, they decided to take it straight into a political discussion to bargain and trade off their support for presidential candidate

    5. JHU being a very inefficient performer, they knew that the government will not give in to their demand and Ven Rathana has already taken the decision, even before JHU as a party, to go against Mahinda and given the assurance to the country that he will defeat MR at the next election.

    6. Champika Ranawake being a former JVP member, he has got his mind set still tuned to the Marxist theory of economic development through socio-political thought of the dictatorship of the proletariat.

    7. That is the main reason why he is against borrowing money for development and he never be able to appreciate our strong per-capita growth rates in recent years. He never admit that we are ahead of other countries in the South Asian regionm in terms of economic growth.

    8. He does not want to believe ADB statement that Growth in the gross domestic product (GDP) of Sri Lanka was consistently robust in the first half of 2014: 7.6% in the first quarter and 7.8% in the second. Growth in agriculture slowed to 0.2% in the first quarter as drought prevailed through most of the country but rebounded by 5.9% in the second quarter largely on favourable weather in tea-growing areas. Faster growth in construction, textiles, and apparel maintained steady expansion in industry, which averaged 12.4% in the first half of the year. Services grew by 6.5% in the first quarter but slowed to 5.7% in the second as high growth in hotels and restaurants moderated, as did wholesale and retail trade. The projection of 7.5% growth in 2014 is maintained despite the downside risk that a prolonged drought could affect growth in the second half.( whereas some of the countries in Europe are in recession- negative growth)

    9. Ranawaka never believes or understand proof of the country’s “easing debt level” as a fall in the ratio of debt to gross domestic product (GDP) to 74.3 percent, from last year’s end indicator of 78.3 percent and we are in the right track in economic development

    10. He wants development without capital transfer and where on earth such methods are utilised to develop a country.

    11. We still remember how we survived during Mr. Bandaranake’s time, when the world bank refused to lend money. JHU with their limited understanding, apparently, want to recreate similar situation and wait for another 100 years to get our development which we can easily be achieved in a few years.

    That is the reason why I said JHU is a non-entity in my book.

  14. NeelaMahaYoda Says:

    And JHU agreed to implement the 13th amendment fully.

  15. Lorenzo Says:

    13 amendment is already implemented fully.

    There is nothing more to implement.

    Provinces anyway don’t have land powers according to 13 amendment. SC judgment.

  16. Ananda-USA Says:

    How much of a Constitutional Expert do you have to be to read the Constitution and determine that

    1. You need a 2/3 MAJORITY in Parliament and approval in a REFERENDUM to change the Constitution to eliminate the Executive Presidency, and that

    2. You need the approval of a simple MAJORITY of members of Parliament to appoint a Prime Minister?

    You would think that someone who was served 47 years in politics, and was the General Secretary of the UPFA, would KNOW such BASIC things without having to brush up his knowledge of the Constitution AT ALL!!!

    Perhaps he has been too busy scraping coconuts in his kitchen, a job he will have to return to FULLTIME come January 8, 2015.

    That is why I call Maithripala Sirisena a COMIC BUNGLER completely OUT OF DEPTH and SINKING in deep water! Are Sri Lankans supposed to vote for this MUTT in a Presidential Election?

    Even Ranil or Sajith would have been better for the UNPEE than this STANDUP COMIC, but he is MANNA FROM HEAVEN for President Mahinda Rajapaksa! What a Coup!

  17. Ananda-USA Says:

    Thank God for giving us not only MR and GR, but a Band of FOUR Rajapaksa Brothers and ONE son to PROTECT and TRANSFORM our Motherland into the New Wonder of Asia!

    The President addresses the “family rule” issue THUS:

    “he only brought his brother Gotabhaya Rajapaksa into the fold as Defense Secretary since he needed someone who he can trust to lead the battle against the terrorists.

    The other two brothers, Minister Basil Rajapaksa and Speaker Chamal Rajapaksa were elected by the people”

    Wonderful ANSWER!
    …………………………….
    Sri Lankan President refuses to be pressured by foreign powers

    ColomboPage News Desk, Sri Lanka.

    Nov 29, Colombo: Sri Lankan President Mahinda Rajapaksa says that he is not ready to submit into foreign powers and dance to the tune of the foreign countries.

    Addressing a meeting of the Fiscal Officer’s Union today at the Temple Trees the President said he cannot work according to instructions of foreign countries and allow the country to go backwards.

    He said that no one will be allowed to take the country which was built for the future of the children back to the dark ages and assured to bring forward the national development move for the benefit of future generations.

    “We cannot allow this country to go backwards. We are not prepared to dance to the tune of outsiders,” the President told the group of judicial representatives.

    The President emphasized that the current government’s next step is to build a people-friendly government and a disciplined and law abiding society.

    Speaking of the members of Sri Lanka Freedom Party (SLFP) who have left the party, the President charged that the opposition United National Party’s strategy is to entrap SLFP members to achieve their political aspirations. He said the recent crossover was part of a plan of former President Chandrika Bandaranaike Kumaratunga.

    “Ranil Wickremasinghe and Chandrika Bandaranaike are now attempting to grab power by misleading the SLFP members and the general public,” the President alleged.

    Referring to the common complaint of family rule, the President said he only brought his brother Gotabhaya Rajapaksa into the fold as Defense Secretary since he needed someone who he can trust to lead the battle against the terrorists.

    The other two brothers, Minister Basil Rajapaksa and Speaker Chamal Rajapaksa were elected by the people, the President pointed out.

    The President said however, the public are intelligent and he has faith in the public that they would not fall into the traps setting up by the opposition. All the patriotic people have now joined hands with government to bring the country forward, the President said.

  18. Independent Says:

    NMY,

    You called JHU ” JATHIKA HORUNGE URUMAYA !!!” and now you say “It took almost two years to admit that coal was purchased without proper tender procedure. He is partly to be blamed for that”.

    Why don’t you talk about the real HORA who stole. Why instead of the HORA being punished by Patali he was recruited back to CEB by his ” more capable ” replacement Pravitra .

    But why there is no investigation now and Pavitra has withdrawn the “irregularity” statement in the parliament ?

    Most your arguments are personal preferences of yours. That is up to you.
    Your 8. and 9. are wrong indicators of the economy.

  19. Independent Says:

    NMY,
    You are lying when you say “JHU agreed to implement the 13th amendment fully”. Please prove.

  20. Lorenzo Says:

    “A lorry transporting rice from Polonnaruwa and owned by Maithripala Sirisena’s brother, Dudley Sirisena came under attack near the Maradagahmulla area.

    Police Media Spokesperson SSP Ajith Rohana said that the attack was launched at dawn on Saturday.

    The driver sustained injuries in the attack.”

    -newsfirst

    This is not good. Violence should not be used in elections. This came just after MS’s daughter said MS is afraid of even a small explosion! SOMEONE is trying to terrorize him into submission.

  21. NeelaMahaYoda Says:

    Independent
    How can you deny the economic indicators approved by international organisations such as ADB and Bloomberg. I copied them from ADB websites. Bloomberg is a premier site for business and financial market news. It delivers world economic news.

  22. Independent Says:

    Sorry NMY, I mean some of your interpretations . Only up to 2013 results are official , others are Central Bank estimates. Debt to gross domestic product (GDP) was going up and 2104 are not available yet even for Malaysia yet and ours definitely arrive much later. down but productivity is alarmingly low.

    You have to compare more important indicators to evaluate whether we are in the correct path. One such indicator is high-technology exports (% of manufactured exports), which remains a low 1% , same as under developed countries and oil rich nations than that of countries like Malaysia and Singapore who enjoy a healthy 40-50% which hints a gloomy future for us( Even huge economies like India and China enjoy 10-20%). We have been stuck in the meaningless “lower- middle income” trap (nothing to be proud of) for more than 10-20 years, depending on who defines it. Since 2009, our public expenditure on secondary education dipped sharply raising a question of where that money has gone.

    It is not possible to correctly evaluate all these here. To be fair to you I do not trust all what he said but we must try to prove him wrong factually.

    I don’t believe those foreign conspiracies, NGO nonsense, immediately when they appear somewhere. Wait and see.

  23. SA Kumar Says:

    13 amendment is already implemented fully.

    There is nothing more to implement.

    We Only ask one TE for last 33 years but you gave us two TE ( NP- Saiva TE & EP Muslim TE)
    Thanks to our Sinhala brother You all know very well we Jalapanaththan (NP) do not like Muslim and maddakilappu(EP) Tamils because both are not reliable (eg: our first in commander Karuna Amman etc..)

    13A is untouchable because it is Indian & Lanka accord !!!

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