SC petition challenging National Govt. fixed for 29 July

Saturday, 4 June 2016 00:33 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Supreme Court yesterday re-fixed for support on 29 July for granting of leave to proceed with the Fundamental Rights petition which is seeking a declaration from the Court that the Government formed after the 17 August general election is not a National Government within the meaning of Article 46(5) of the Constitution.

The Bench comprised Chief Justice K. Sripavan and Justices Upaly Abeyrathne and Anil Gooneratne.

Court permitted the Respondents to file limited objections within two weeks and counter objection by the Petitioners thereafter.

Former Parliamentarian Rear Admiral Sarath Weerasekara and Prof. Wimaladharma Abeywickreme in their petition cited the Cabinet of Ministers, Members of Parliament, recognised political parties and others as Respondents.

Manohara de Silva PC instructed by Kanishka Vitharana appeared for the Petitioners. Instructed by G.G. Arulpragasam, President’s Counsel K. Kaneg Iswaran with Suren Fernando and Niranjan Arulpragasam appeared for Prime Minster Ranil Wickremesinghe and Romesh de Silva PC while Sugath Caldera appeared for the Cabinet of Ministers. Deputy Solicitor General Demuni de Silva appeared for the Attorney General.

Petitioners state the Articles 46(1), (5) and (5) of the Constitution provide that the total number of (a) Ministers of the Cabinet shall not exceed 30; and (b) Ministers who are not members of the Cabinet of Ministers and Deputy Ministers shall not, in the aggregate, exceed 40.

They also state that the Constitution provide that national government means a government formed by the recognised political party or the independent group which obtains the highest number of seats in Parliament together with the other recognised political parties or the independent groups.

They assert the Government was formed upon a purported agreement between the UNP and the SLFP (which is not a political party represented in Parliament).

They contend all the parties in Parliament did not join to form the Government and the UNP which obtained the highest number of seats in Parliament did not form the Government together with the other recognised political parties or independent groups represented in Parliament.

They are seeking a declaration from the Court that the Cabinet of Ministers have no power, authority or jurisdiction to function as the Cabinet of Ministers of the republic of Sri Lanka.

They claim the approval made by Parliament on 3 September 2015 has no force or effect in law in determining the number of Ministers of the Cabinet, Ministers not members of the Cabinet/State Ministers and Deputy Ministers consequent to the general election held on 17 August, in as much as the condition precedent to the existence of the National Government is absent.

They are also seeking a declaration from the Court that the appointment of the Cabinet of Ministers is null and void and has no force or effect in law.

They maintain that continued functioning of the Cabinet of Ministers is inconsistent with the Constitution and continuously violates their fundamental right to equality.