Seven Opposition Party Leaders in a joint statement on April 27 urged President Gotabaya Rajapaksa to reconvene Parliament assuring responsible cooperation in Parliament to face the challenge of the Covid-19 pandemic. The Opposition lawmakers in their joint statement said that they will not attempt to defeat the Government nor thwart any legitimate action of the Government.
However, the President in a letter addressed to former Opposition Leader Sajith Premadasa on Thursday, said that the dissolved Parliament will not be reconvened and added that the Opposition parties disregard the need for an election and are engaged in a petty political process at a time when the entire State is focused on the health, social security and welfare of the people.
The Opposition Party Leaders in their joint statement urged the President to use his discretionary powers under Article 70 (7) of the Constitution to tackle the challenges faced by the country due to coronavirus and “respond positively to this offer of responsible cooperation by us at this critical time and revoke the proclamation dated March 2, 2020 dissolving Parliament so that all of us can jointly fight to eradicate this virus.”
The President said that the letter issued by the Opposition Party Leaders seemed to have recognised the proclamation of the dissolution of Parliament. The President noted that there is no requirement to act as per Article 70 (7) of the Constitution. The President’s letter stated that the dissolved Parliament cannot be reconvened as the election that was to be held on April 25 was postponed to June 20 by the National Election Commission.
The joint statement signed by former Opposition Leader Sajith Premadasa, Leader of the United National Party Ranil Wickremesinghe, Leader of the Tamil National Alliance R. Sampanthan, Leader of the Tamil Progressive Alliance Mano Ganesan, Leader of the All Ceylon Makkal Congress Rishad Bathiudeen, Leader of the Sri Lanka Muslim Congress Rauff Hakeem and General Secretary of the Jathika Hela Urumaya Patali Champika Ranawaka, said that they as members of the dissolved Parliament are duty-bound to fulfill the obligations to resolve this crisis in a spirit of responsible cooperation extended to the President. They said that all political parties and political leaders across the political divide have before them the challenge of transcending partisan agendas and working together for the common good of the people and the country amid an unprecedented crisis. They said that the President should either revoke the proclamation dated March 2, 2020 dissolving Parliament or exercise his powers under Article 70(7) of the Constitution and summon the dissolved Parliament.
Former Finance Minister Mangala Samaraweera had written to President Rajapaksa this week saying that as the vote-on-account for the first quarter of 2020 will expire on April 30, the Government will lose legal authority on spending. President Rajapaksa has rejected Samaraweera’s call to reconvene Parliament to pass additional funds for public expenses, stating that he can handle expenditure when the new Parliament is convened after a poll. The President in a response letter to Samaraweera said, “if an appropriation bill is not passed at the time of dissolving Parliament, the President, under section 150 (3) can handle expenses for three months through a vote-on-account after convening the new Parliament.” However, the UNP led Opposition attempts to portray that Sri Lanka is heading for a Constitutional crisis after the President rejected the Opposition’s call to summon Parliament before the deadline for the President to spend money passed by Parliament by the Vote on Account ended on April 30. Former Leader of the House Lakshman Kiriella told the media that under the Constitution, the President is not empowered to spend state funds after April 30. “If he does so, he is in violation of the country’s basic law and we will go to court,” he said.
Amidst the President’s decision not to reconvene the old Parliament, Prime Minister Mahinda Rajapaksa has invited all former Members of Parliament of the 8th Parliament for a meeting at Temple Trees on May 4. Premier Rajapaksa has called a meeting of the 225 members of the previous Parliament to discuss the situation in the country. The meeting scheduled at 10 am headed by Prime Minister would discuss the situation of the country and inform the former Members of Parliamen future measures and proposals for post COVID-19 rebuilding of the country. Government sources said the proposals in this regard will be sought from former Parliamentarians.
The Government lawmakers, responding to the Opposition’s continuous call to reconvene Parliament, said it is the President’s prerogative under the Constitution and added that the Opposition’s call to reconvene Parliament is a sinister motive to embarrass the Government by paving the way for a constitutional crisis. Former State Minister Susil Premajayantha at the SLPP Media Cen tre said the Opposition’s argument to reconvene Parliament under Article 70 (7) of the Constitution cannot be accepted as a valid argument as curfew has been imposed in accordance with the clauses in the Quarantine Act and other related regulations. Premajayantha said according to Article 70 (7) of the Constitution, “if at any time after the dissolution of Parliament, the President is satisfied that an emergency has arisen of such a nature that an earlier meeting of Parliament is necessary, he may by Proclamation, summon the Parliament which has been dissolved to meet on a date not less than three days from the date of such Proclamation and such Parliament shall stand dissolved upon the termination of the emergency or the conclusion of the General Election, whichever is earlier.” He rejected the argument put forward by the Opposition to reconvene Parliament by making use of Article 70(7) of the Constitution.
Former State Minister Rohitha Abeygunawardana said he would like to ask Mangala Samaraweera as to how one metre-distance to be ensured among 225 seats in the Chamber when Parliament is reconvened. If seating arrangements are made in keeping with these standards, only 75 Parliamentarians can be seated in the Parliament Chamber while the rest will have to be outside the Chamber. Abeygunawardana said the conduct of the Opposition politicians is a testimony that if former Yahapalana Government was in power, half of the country’s people would have died from coronavirus while the rest from hunger.
Minister Wimal Weerawansa said that Mangala Samaraweera and others don’t want to sort out any issue pertaining to financial control. “In a situation where the Government is trying its level best to combat coronavirus and ensure public welfare, the Opposition wants to create an avenue to sabotage those activities. That is why they are making a big hue and cry to reconvene the old Parliament,” he said.
UNP General Secretary Akila Viraj Kariyawasam said they, in accordance with the Constitution, request to reconvene Parliament not to embarrass the Government but to pass legislation to control the COVID-19 pandemic. He said, “This issue will not be sorted out if attempts are made to create different opinions in the country. It seems that the Government has a dire need to go for an election. It is good if an election can be held democratically but the question is whether this is the appropriate time to conduct an election.”
Foreign Minister Dinesh Gunawardena told the media that the Election Commission has decided to conduct an election. However, the biggest challenge before us today is to safeguard the lives of the people from the coronavirus pandemic. He said even those who request to reconvene Parliament also thanked President Rajapaksa for the steps taken to ensure the lives of the people.
SLPP frontliner Udaya Gammanpila was of the view that if the General Election is not held, it will not be a problem for the Government. He said, “Our Government is in power, including our President, Prime Minister and the Cabinet of Ministers.” President’s Counsel Manohara de Silva has said that reconvening Parliament is the President’s prerogative under the Constitution. He said that the claims that the old Parliament could reconvene if the new Parliament fails to meet within three months from the dissolution of Parliament were not true. De Silva PC said that there is no clause in the Constitution which says that Parliament should be reconvened when the General Election is postponed. He said, “No other person except the President can reconvene Parliament. Under Clause 64 (2) of the Constitution, there is no Speaker when Parliament has been dissolved. The President can approve funds after Parliament has been dissolved under Clause 150 (3) of the Constitution. He has no biding obligation to reconvene Parliament when the Election has been postponed.” He said the existing laws are adequate to deal with the coronavirus pandemic.
Former National List MP Dr. Jayampathi Wickramaratne, PC has said that President Rajapaksa had no option but to withdraw the proclamation dissolving Parliament to prevent a constitutional crisis. The former lawmaker has said that as the President in terms of the 19th Amendment to the Constitution had called for an early General Election, the initiated process could be reversed by reconvening Parliament. "Parliament can continue until September 1 so that elections can be held in late November or before. Dr.Wickramaratne said if the situation improves and a free and fair election is possible, the President can dissolve Parliament before September 1.
Former TNA Parliamentarian M.A. Sumanthiran PC has said that since the President shall declare the date of summoning the new Parliament in his proclamation to dissolve Parliament, it should not be after June 2. When the National Election Commission declared the date of election after June 2, Sumanthiran has said, the President’s proclamation to dissolve the Parliament will become null and void.
When the Constitutional Council (CC) convened last week, former Speaker and Chairman of the CC Karu Jayasuriya said that he had no intention to reconvening Parliament and create another crisis. Jayasuriya said that only the Supreme Court can give an interpretation on such a constitutional concern and he is bound to act according to the decision by the Supreme Court. He urged Party Leaders and political parties not to create any constitutional crisis whenthe coronavirus pandemic is affecting the world.
TheMaha Sangha during a meeting with President Rajapaksa last week unanimously endorsed the decision not to reconvene the dissolved legislature and added that the country should not be put in jeopardy by reconvening the old Parliament.
Rejecting UNP General Secretary Akila Viraj Kariyawasam’s claim, Army Commander Lt. Gen. Shavendra Silva said that no schools will be used as quarantine centres. The Army chief said such rumors had been spread and several persons had asked him about this too. The Commander said that he can assure that there is no intention to use any school as a quarantine centre. However, he said that a request had been made to the Education Ministry requesting for a few schools near military camps to house security forces personnel. UNP General Secretary Kariyawasam on Monday urged the Government not to use schools as quarantine centres.
President Rajapaksa met Maha Nayake of Kotte Sri Kalyani Samagri Dharma Maha Sanga Sabha Most Ven. Dr. Ittapana Dhammalankara Thera and the Archbishop of Colombo,Malcolm Cardinal Ranjith at the Presidential Secretariat on Tuesday and exchanged views on current issues.
The Maha Nayake Thera and the Cardinal have expressed their satisfaction over the measures by the President to control the spread of the coronavirus while providing relief to the affected people. Two religious leaders have expressed hope that the pandemic will be brought under control soon. The President was confident that curfew could be gradually relaxed in the coming weeks.
The Maha Nayake Thera said that he will request the Buddhists to celebrate the Vesak festival at homes. The President pointed to the possibility of using electronic media for the purpose. The Cardinal has stressed the need to identifythe masterminds of the Easter Sunday attacks. The objectives of a suicide attack go beyond just killing scores of people, said the President, adding that it is the endeavour of the Government to identify those who are behind the sinister move.