12 April 2022 02:34 am Views - 1862
By Yohan Perera
One should not bring in an impeachment motion when it is sure to be defeated, a legal expert said yesterday. “The Opposition is foolish to bring in an impeachment motion at a time like this when numbers are not sure,” a veteran in the legal fraternity Kalinga Indatissa PC told Daily Mirror.
“One must read article 38 of the constitution to get familiar with the law,” he added.
As per section 38(2) of the constitution, any may, by writing to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity or that the President has been guilty of intentional violation of the constitution, treason, bribery, misconduct or corruption involving the abuse of power of his office or any offence under any law involving moral turpitude and setting out full particulars of the allegation or allegations made and seeking an inquiry and report thereupon by the Supreme Court.
No notice of such resolution shall be entertained by the Speaker or placed on the order paper unless such motion is (i) signed by not less than two thirds of the whole number of members of Parliament (ii) the resolution is signed by not less than one half of the whole number of MPs and the Speaker is satisfied that such allegation or allegations merit inquiry and report by the Supreme Court. Where such a resolution is passed by not less than two thirds of MPs containing the allegations may be referred by the Speaker to the Supreme Court for inquiry and report. The Supreme Court shall, after the inquiry at which the President will have the right to appear and to be heard, in person or by an attorney at law, make a report of its determination to Parliament. Where the Supreme Court reports to Parliament that its opinion the President is permanently incapable of discharging his duties by reason of mental and physical infirmity or that President has been guilty of any of the allegations, Parliament may by a resolution passed by a two thirds majority may remove him from office.