Home / Letters to the Editor/ No Constitutional provision for No Confidence Motion against Prime Minister

No Constitutional provision for No Confidence Motion against Prime Minister


Comments / {{hitsCtrl.values.hits}} Views / Wednesday, 7 March 2018 00:00


Article 48(2) provides for a No Confidence Motion against the Government and not the Prime Minister, or if Parliament rejects a Statement of Government Policy or the Appropriation Bill that the Cabinet of Ministers shall stand dissolved – See Article 48(2) of the Constitution given below:

Article 48 (2) – If Parliament rejects the Statement of Government Policy or the Appropriation Bill or passes a vote of no-confidence in the Government, the Cabinet of Ministers shall stand dissolved, and the President shall, unless he has in the exercise of his powers under Article 70, dissolved Parliament, appoint a Prime Minister, Ministers of the Cabinet of Ministers, Ministers who are not members of the Cabinet of Ministers and Deputy Ministers in terms of Articles 42, 43, 44 and 45.

Therefore it is very clear that, if a No Confidence Motion is passed as above, then the Cabinet would stand dissolved and the President would have to appoint a new set of persons and not any of those who had held the Office of Prime Minister, Cabinet Minister or State Minister or Deputy Minister. 

This means that all those who hold such Offices will have to vacate such Office. In such circumstances would any such Minister or State Minister or Deputy Minister bring a No Confidence Motion against the Government, as they would all have to go out and cannot be re-appointed by the President as per the Constitution in terms of Article 48(2) above? 

Also how could a Member of the Government have no confidence with the Government? In other words, would this not amount to no confidence of the Government of which he or she is an integral part, thereby admitting no confidence of such person in himself/herself? 

On the other hand, to dissolve Parliament before 4½ years from August 2015 it would require the Parliament to pass a Resolution by a 2/3rd majority as per Article 70(B)(1). 

Pertinently, as per Article 43(2) of the Constitution, on the advice of the Prime Minister the President shall appoint Ministers nominated by Prime Minister for the Ministries determined by the President in terms of the Article 43(1). Therefore if the Prime Minister nominates Field Marshal Sarath Fonseka as Minister of the subject of Law and Order, then President is bound by the Constitution to make such appointment in terms of Article 43(2).   

C. Ramachandra FCA


Share This Article


DISCLAIMER:

1. All comments will be moderated by the Daily FT Web Editor.

2. Comments that are abusive, obscene, incendiary, defamatory or irrelevant will not be published.

3. We may remove hyperlinks within comments.

4. Kindly use a genuine email ID and provide your name.

5. Spamming the comments section under different user names may result in being blacklisted.

COMMENTS

Today's Columnists

Buddhism, sustainability and Sri Lanka

Wednesday, 24 October 2018

Sustainability is fast becoming a very relevant and essential aspect of our lives. This has come about as a response to the high degree of consumerism that prevails in the world today, and the resulting overuse of fast-depleting natural resources, gi


The Hindu mess and N. Ram’s tweet on the raw (or RAW) matter

Wednesday, 24 October 2018

A.S. Panneerselvan ran a story this morning in The Hindu (00.00am, 22 October) titled ‘Don’t blame the messenger,’ referring to the controversial front page report of the same newspaper five days ago by Meera Sirinivasan on ‘Sri Lankan Presid


Can humans and animals coexist in increasingly limited spaces?

Wednesday, 24 October 2018

Many wildlife species are close to extinction, or at least threatened, because of human impact. The usual strategies of co-existence are to confine more and more the habitat of wildlife to smaller reserves, parks or other fenced areas, to protect the


Reinvent yourself before reinventing your industry

Tuesday, 23 October 2018

For the last 19 years Interbrand has been carrying out its Best Global Brands report. This year, the theme of the study is ‘Activating Brave’, which examines the role that brand strength plays in the transformation of the world’s leading busi


Columnists More