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Speaker has no power to go against President- Nalin de Silva

8 November 2018 08:13 pm - 15     - {{hitsCtrl.values.hits}}

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President Maithripala Sirisena has appointed Mahinda Rajapaksa as the new Prime Minister under Sections 42(4) and 43(3) of the Constitution and published it in the Gazette, and therefore Speaker Karu Jayasuriya has to go by the gazette notification, Dr. Nalin de Silva said today.

Asked for a comment on the current political situation, Dr. de Silva who analyzes politics, said the Speaker had no powers from either the Constitution or the Standing Orders of Parliament to go against the President.

“The officers of the Parliament and not the Speaker will be responsible for allocating seats in the House to the MPs. The Speaker cannot determine the number of MPs who support Ranil Wickremesinghe or Mahinda Rajapaksa, by counting the heads on the fourteenth or for that matter on any other day. There is no provision for such vote in the Constitution or the standing orders. The UNP cannot insist on such vote as there is no provision in the constitution or the standing orders. All that they can do is to move a vote of no confidence or defeat the budget and realize how they have been boomeranged by the nineteenth amendment. Outside the Parliament, they can go to the Supreme Court and file a human rights violation case. The UNP is not doing either. Instead, they want to use the speaker of the Parliament as the speaker of Siri Kotha,” he said.

  Comments - 15

  • Mala John Thursday, 08 November 2018 08:50 PM

    Great, he has re-surfaced !!

    Sira Thursday, 08 November 2018 08:51 PM

    So many learned individuals are misinterpreting our constitution and deceiving the masses.

    Samson Thursday, 08 November 2018 08:57 PM

    Gazettes can be printed right or wrong. Give MR an opportunity to show his strength, why the delay.

    channa Thursday, 08 November 2018 09:14 PM

    Speaker can't decide the prime minister. Bit he has to listen to the MPs and act according to the majority.

    Max Thursday, 08 November 2018 09:23 PM

    Thanks for the clarification prof. This speaker is a disgrace to the post.

    crazy prof Thursday, 08 November 2018 09:24 PM

    This man is not a legal expert.

    Dulan Thursday, 08 November 2018 09:27 PM

    Mr. Brains President had no power to remove PM and appoi t another. How come u do not comment onthis.

    Jaya Thursday, 08 November 2018 09:29 PM

    I don't think you can give determination of the 3rd citizen of this country

    Nimal Thursday, 08 November 2018 09:30 PM

    What if the speaker is exercising the power of the people of this country? Then who has the power?

    Countryman Thursday, 08 November 2018 10:03 PM

    When did you become a constitutional expert? - extremists can say anything for the sake of extremism!

    Dee Thursday, 08 November 2018 10:37 PM

    From where on earth did this guy surface from?

    Don Thursday, 08 November 2018 10:40 PM

    This is the man who apologized later for his declared judgement given during his office as Chief Justice. SHAME !

    GH Thursday, 08 November 2018 10:47 PM

    Well done sir. Whoever studies the constitution can reveal to the public the truth about it. So, no one should be an expert to do so.

    kudda Friday, 09 November 2018 11:45 AM

    Interpretation of law can be done by many in different ways. That's why people go to courts finally to get the last legal opinion of judges which is the true

    Fred Friday, 09 November 2018 05:58 PM

    It is not a matter of going against the President. The point is that both must act according to the Constitution.


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