11 July 2024 08:25 am Views - 71
By Sheain Fernandopulle
The Cabinet of Ministers has greenlit a resolution to amend key articles pertaining to the terms of office for the President and Parliament. The decision addresses articles 30 (2), 62 (2), and 83 (b) of the Constitution.
The current constitutional framework allows for discrepancies between the tenure of the President and the duration of parliamentary terms. Article 83 (b) currently permits a presidential term exceeding six years, a provision that the proposed amendment seeks to revise to a term not exceeding five years.
The impetus for this amendment gained momentum following recent legal challenges, notably a Fundamental Rights petition filed before the Supreme Court.
The petition sought to prevent the conduct of a presidential election until the Court clarified the appropriate timing under constitutional provisions.
Central to the petition’s argument was the assertion that the 19th Amendment to the Constitution, particularly section 30 (2) concerning the presidential term of office, had not been appropriately amended in accordance with the procedural requirements outlined in Article 82 (6) of the Constitution.
Article 82 of the Sri Lankan Constitution delineates the process for amending constitutional provisions, emphasizing the necessity for rigorous adherence to constitutional principles to safeguard the integrity of the nation’s supreme legal document.
However, the FR petition was dismissed by the Supreme Court.