Uproar in Parliament over Speaker’s ruling on judiciary

Speaker Mahinda Yapa Abeywardena today dismissed the request made by Opposition MPs to withdraw his ruling given on the domestic debt restructuring programme (DDR) despite the uproar created by them.

The Opposition MPs said the ruling given by the Speaker on August 9 that the Judiciary is not empowered to issue orders or judgments of any nature against a resolution passed by the legislature, could set a bad precedent and it will lead to a conflict between Parliament and the judiciary and to a Constitutional crisis.

“I sought legal advice and looked into all matters concerned before coming up with the ruling. Also, I did not refer to any court case in my ruling. Therefore I shall not withdraw it,” the Speaker said in response.  

Jathika Jana Balawegaya (JJB) MP Anura Kumara Dissanayake who  made the initial request from the Speaker said  the ruling will set a dangerous precedent.   

“Your ruling is a dangerous precedent as a situation will arise in the future where the judiciary would be prevented from giving any judgement with regard to any court case. It seems that you are always trying to please the Executive. However the courts have dismissed the petition filed against the domestic debt restructuring. The government has got what it wanted. Therefore I request you to withdraw your ruling. You will also be able to safeguard your dignity if you do it,” MP Dissanayake said.

MP G.L Periris said the ruling given by the Speaker will lead to a Constitutional crisis. 

“The rule of law will break down eventually in the future as a result of your ruling. It will also lead to a Constitutional crisis,” he said.

Chief Opposition Whip Lakshman Kiriella said the Speaker had actually influenced the judiciary by delivering the ruling before the courts gave its judgement on the domestic debt restructuring.

“You quoted a previous ruling given by late Speaker Anura Bandaranaike in your own ruling. However, he delivered it before the court delivered a verdict on the case filed by former Chief Justice Sarath Silva on his impeachment,” he said.

Leader of the House Susil Premajayamtha who countered the Opposition MPs said the judiciary can only examine whether a certain legislature is consistent with the Constitution. 

“The incumbent Speaker only referred to a resolution passed by the legislature and confirmed the supremacy of Parliament. He did not challenge the judiciary at any point,” Mr. Premajaynatha said.

Minister Nimal Siripala de Silva who joined in the crosstalk said no one can challenge rulings given by the Speaker. 

“One can refer to a ruling given by the Speaker only through a no-confidence motion on him," he added. (Yohan Perera and Ajith Siriwardana)