27 October 2021 02:09 am Views - 1008
STATEMENT BY THE DEPUTY LEADER OF THE UNP RUWAN WIJEWARDENE
It is absolutely correct if we say that Sri Lanka’s democracy received its worst ever blow on October 26, 2018. The then President Maithirpala Sirisena toppled the government on that day through a constitutional coup and handed over power to the joint opposition.
Prime Minister Ranil Wickremesinghe was removed from his post and was replaced by Mahinda Rajapaksa. October 26 this year marks the third anniversary of this coup.
This has been forgotten by many today, because a new President was elected in 2019 and a new government was formed in 2020. The COVID-19 pandemic too contributed to get this bitter event out of people’s minds. However this is the worst and inerasable stain in the Sri Lankan political history. No one or nothing can change it.
It is appropriate for those who honour the democracy and constitution based governance to become aware of this incident.
"The 19th Amendment to the constitution does not exist anymore. However this piece of legislation helped to preserve parliamentary democracy. There was a President who was made responsible to Parliament though this legislation. Creation of a dictatorship was prevented by it. However the 20th Amendment nullified all these"
The 19th Amendment to the constitution scraped the power which the President held to appoint any close associate of his as Prime Minister and to appoint a cabinet according to his whims and fancies. It also curtailed the power he had to dissolve Parliament any time after it competes the first year of its term. Former President Maithripala Sirisena dismissed Ranil Wickremeisnghe and appointed Mahinda Rajapakasa as the Prime Minister despite these curtailed powers. This coup went down the history as the ‘52-day coup’.
He claimed that he had made those decisions in accordance with the power vested upon him through the constitution. We, together with Mr. Ranil Wickremesinghe, did not agree with the claims made by the President and insisted that he had violated the constitution. We advised Mr. Wickremesinghe neither to resign from his post nor to leave Temple Trees. He then announced he would not move away from Temple Trees, which is the official residence of the country’s Prime Minister. We did not endorse the new cabinet appointed by President Sirisena.
President Sirisena then prorogued Parliament though the gazette notification 2095/50 to November 14, 2018. He then dissolved Parliament through the gazette notification 2096/50 and election was scheduled for January 2019.
Many in our camp filed petitions with Supreme Court and Court of Appeal against the dissolution and against the other Acts of the former President. Both the Supreme Court and the Court of Appeal held that every act of the President was against the constitution.
The then Speaker Karu Jayasuriya convened Parliament following the decisions by the Judiciary. Two No-Confidence Motions brought against Prime Minister Mahinda Rajapaksa were approved. However, MPs who were on his side behaved in a despicable manner. They attacked the Speaker and threw chili powder at their opponents. These MPs who misbehaved and took the parliament decorum to task, hold ministerial portfolios today.
"The year 2018 is highly noteworthy as far as Sri Lanka’s political history is concerned. This is because it was assured that Sri Lanka followed its constitution, safeguarding the provisions under 33(1)A . The Judiciary held that the then President Sirisena violated the pledges he had made under 32(1) when he was sworn in. He was found guilty of violating the constitution"
Though Mahinda Rajapaksa resigned from the Prime Minister’s post on December 15, 2018, President Sirisena hell-bent on appointing someone else other than Mr. Wickremesinghe from the UNP to the post. However no one from the UNP was willing to accept the premier’s post. He was forced to re appoint Mr. Wickremesinghe as the Prime Minister. Apparently the latter sworn in as Prime Minister on December 16, 2018.
The 19th Amendment to the constitution does not exist anymore. However this piece of legislation helped to preserve parliamentary democracy. There was a President who was made responsible to Parliament though this legislation. Creation of a dictatorship was prevented by it. However the 20th Amendment nullified all these. President could appoint any MP as the Prime Minister according to the 20th Amendment despite the section 43(3) of the constitution. This section says President can appoint anyone whom he thinks has the confidence of Parliament as the Prime Minister. However the meaning of the term ‘Confidence’ is not defined in this section.
There was room for a President to appoint anyone from his party whenever that party commands a majority. Late President R. Premadasa appointed D. B. Wijetunge as the Prime Minister and one time President Mahinda Rajapaksa appointed D. M. Jayaratne as the Prime Minister following this situation. Mr. Rajapaksa had to woo some MPs from UNP in 2007 to keep his government intact. The efforts made by Maithripala Sirisena to appoint his own Prime Minister in 2018 was prevented by the 19th Amendment. Judiciary also declared that President Sirisena has no power to appoint anyone as the Prime Minister. Judiciary held that President has no power to dismiss a Prime minister under the 19th Amendment. It held that Prime Minister’s post will become vacant only if Prime Minister resign from his post, defeated by a no confidence motion or if Parliament is dissolved
The year 2018 is highly noteworthy as far as Sri Lanka’s political history is concerned. This is because it was assured that Sri Lanka followed its constitution, safeguarding the provisions under 33(1)A . The Judiciary held that the then President Sirisena violated the pledges he had made under 32(1) when he was sworn in. He was found guilty of violating the constitution.
Some MPs who raised their hands to approve the 19th Amendment also raised their hands to approve the 20th Amendment. Parliamentary democracy has been weakened today. There are no independent commissions. There are commissions whose members are appointed by the President. Dictatorship is firm footing. The Prime Minister is reduced to a scarecrow. It is obvious that there is only a ceremonious Prime Minister today.