AG tells SC, President’s decision to dissolve parliament within his powers
Posted on December 5th, 2018
By Chitra Weerarathne Courtesy The Island
Attorney General Jayantha Jayasuriya, President’s Counsel yesterday objected to the Supreme Court, undertaking to examine the decisions taken by the President, as Head of State and Head of the Armed forces.
The AG explained that the impugned conduct of the President to dissolve the parliament fell within the Powers of the President as the head of State. It was not subject to Article 126 on fundamental rights. The judicial powers of the president was exercised through the Supreme Court, Article 33/3 referred to the President’s power to dissolve the parliament, as the Head of State, Armed forces etc.
The Attorney General also referred to Article 70 of the Constitution, which dealing with the President’s power to dissolve Parliament.
Article 33/2 refers to the powers of the President to dissolve the Parliament, subsequent to the 19th Amendment to the constitution.
Attorney General Jayasuriya has been cited as a respondent, in the fundamental rights violation petitions, filed by the UNP, TNA, JVP, SLMC against the Presidential gazette of November 9, 2018, dissolving Parliament and calling a general election on January 5, 2019.
The bench comprised Chief Justice Nalin Perera, Justice Buwanake Aluwihara, Justice Siria de Abrew, Justice Priyantha Jayawardene, Justice Prassana Jayawardena, Justice Vijith Malalgoda and Justice Murdhu Fernando.
The Attorney General appeared with Senior Additional Solicitor General Dappula de Livera PC, Additional Solicitor General, Sanjaya Rajaratnam PC, and Deputy Solicitor General Nerin Pulle.