MR’s third term: To be or not to be?

Thursday, 6 November 2014 00:00 - - {{hitsCtrl.values.hits}}

Supreme Court seeks written submissions by Friday on legality; BASL Chief requests oral submissions too

The Supreme Court yesterday sought written submissions from legal experts on the Constitutional validity of President Mahinda Rajapaksa contesting another term and calling for an early election.

The move follows the President seeking the opinion of the Supreme Court on if he can run for the office of president for the third term as well as if there is any impediment to him calling for an election four years into his second six-year term. The Registrar of the Supreme Court M.M. Jayasekera wrote to the President of the Bar Association of Sri Lanka (BASL) yesterday stating that Chief Justice Mohan Peiris PC has requested written submissions in respect of two questions upon a reference by President Rajapaksa. The two questions are: (a). “Whether in terms of Article 31 (3A)(a)(i) of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, have any impediment, after the expiration of four years from the date of commencement of my second term of office as President on 19 November 2010, to declare by Proclamation my intention of appealing to the People for a mandate to hold office as President by election, for a further term; and (b) “Whether in terms of the provisions of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, and was functioning as such on the date the 18th Amendment was enacted, have any impediment to be elected for a further term of office.” Meanwhile, BASL President Upul Jayasuriya said he has requested an opportunity to make oral submissions in open court as well. Even though the 18th Amendment to the Constitution passed in 2010 removed the two-year constitutional limitation on a person from contesting the presidency, moves by President Rajapaksa seek re-election for a third term has been challenged by some legal experts, who say the amendment does not apply in the case of the incumbent president. A five-member bench presided over by Chief Justice Mohan Peiris PC is likely to take up the matter on Friday. The full text of the letter sent by the Registrar of the SC to the BASL President is as follows: I have been directed by His Lordship the Hon. Chief Justice to inform you that His Excellency the President in terms of Article 129 (1) of the Constitution, has referred to this Court the following questions for its consideration and for an opinion to be submitted to His Excellency on or before 10th November 2014; (a) “Whether in terms of Article 31 (3A) (a) (i) of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, have any impediment, after the expiration of four years from the date of commencement of my second term of office as President on 19 November 2010, to declare by Proclamation my intention of appealing to the People for a mandate to hold office as President by election, for a further term; and (b) “Whether in terms of the provisions of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, and was functioning as such on the date the 18th Amendment was enacted, have any impediment to be elected for a further term of office.” I shall be pleased if you could inform to the membership that written submission in respect of the above mentioned questions will be entertained at the Registry of the Supreme Court until 3 p.m. of 7 November 2014. The written submissions would be tendered to the Registrar of the Supreme Court.