Chief Justice affirms President’s tenure is five years

By Lakmal Sooriyagoda  

Chief Justice Jayantha Jayasuriya yesterday observed that the law, as it stands today, clearly states that the President’s term is five years.   

The Chief Justice made this observation during the hearing of the preliminary objections related to the Fundamental Rights petition filed by a businessman Chamindra Dayan Lenawa who sought an order restraining the Election Commission from holding the Presidential Election in 2024.  

The Chief Justice observed that, in terms of Article 30(2) of the Constitution following the 19th Amendment, the President of the Republic shall be elected by the people and shall hold office for a term of five years.  

When the Chief Justice inquired about the violation of his fundamental rights, the petitioner stated that his fundamental rights would be violated by an illegal election to be held this year.  
Chief Justice: What is the illegality of the Presidential Election?  

The Petitioner: This election should be held at expiry of six years. The reduction of the term of office of the Presidency was done in the wrong manner in the 19th amendment to the constitution.  

Chief Justice: Did you challenge the legality of the 19th amendment to the constitution at the proper forum?  

The Petitioner: No.
Chief Justice: Now, you can’t question the validity of the 19th Amendment. You have to be mindful that judicial resources have been allocated for this hearing. The law, as it stands today, clearly states that the President’s term is five years. In terms of Article 30(2) of the Constitution, the President of the Republic shall be elected by the people and shall hold office for a term of five years.  
Meanwhile, the petitioner finally admitted that he has no legal ground to proceed with this application.