AG’s advice sought to determine Cabinet number

A legal issue has emerged regarding the number of Cabinet Ministers in the new United National Front (UNF)-led Government.

According to the 19th Amendment to the Constitution (Article 46[1]), the number of Cabinet Ministers is restricted to 30 and non-Cabinet positions to 40 in a single party-led Government.

A legal issue has been raised whether the 30 Cabinet Ministers include the President and the Prime Minister.

The UNF says that while the 19th Amendment restricts the number to 30, this is with the exclusion of both the President and the Prime Minister, and therefore two more Cabinet Ministers can be accommodated.

According to constitutional expert and National List MP Dr. Jayampathy Wickramaratne PC, though the 19th Amendment restricted the number of cabinet ministers to 30 and non-cabinet positions to 40, in terms of the said law, both the President and the Prime could be accommodated outside the prescribed 30.

The Prime Minister has reportedly informed the President in writing that there is a constitutional provision to increase the number of seats in the Cabinet of Ministers up to 32 as under the 19th Amendment to the Constitution, and in addition to the Ministerial post of the President and the Prime Minister, 30 other Ministerial portfolios can be appointed to the Cabinet.

The President, however, is said to believe that with himself and the Prime Minister there can only be 28 other Ministers in the Cabinet. Therefore, the Government has reportedly requested the Attorney General to clarify the law in the Constitution regarding the number of Ministers in a single-party Government. 

However, it is reported that the President has not yet responded. (ColomboPage)