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SC rules dissolution of parliament illegal

2018-12-13 17:12:33
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A fuller Bench of seven Supreme Court (SC) Justices today unanimously ruled that President Maithripala Sirisena’s decision to dissolve parliament on November 9, before the completion of four and half years, was unconstitutional and illegal.

The highly anticipated judgement, delivered before a packed court of lawyers, MPs and journalists, further upheld that the President’s action was an arbitrary Executive act which had violated the fundamental right of ‘equal protection of the law’(Article 12(1)) of the Petitioners.

Chief Justice Nalin Perera, Justices Prasanna Jayawardena, Priyantha Jayawardena, Vijith K Malalgoda, Buwenaka Aluvihare, and Murdu Fernando (six Justices) agreeing in one judgement decided that the President had violated the Constitution and exceeded his legal limits by dissolving the parliament. The Judgement held that the President had violated the rights of citizens and parliamentarians, and ordered that the gazette proclamation be quashed and pronounced null and void. The Bench also ruled that the said proclamation was null and void, and had no force or effect in law.

Justice Sisira de Abrew, while agreeing with the CJ's judgement, gave a separate judgement saying that under Article 70(1) of the Constitution, the president could not dissolve parliament before four and half years at his own will, or without a two-thirds resolution being passed by parliament. And he declared that the proclamation made dissolving parliament on November 9, 2018 by the President be void ‘ab initio’.(S.S. Selvanayagam, Farook T. Thajudeen and Shehan Chamika Silva)


  Comments - 39

  • mimslanka1@yahoo.com Thursday, 13 December 2018 17:20

    The credit goes to democracy

    Reply : 22       354

    danny Thursday, 13 December 2018 17:21

    Apoyi Sirisena!!

    Reply : 16       301

    Banda Thursday, 13 December 2018 17:23

    Now stop playing with the constitution and the nation. Do what is right or get out.

    Reply : 17       296

    Lion Thursday, 13 December 2018 17:24

    JAYAWEWA

    Reply : 21       235

    Karu Thursday, 13 December 2018 17:25

    The Country wins. Great.

    Reply : 21       237

    Nerd next door Thursday, 13 December 2018 17:27

    Thank you! This gave me hope. This is a ray of light during these dark times.

    Reply : 14       215

    Mandayan Thursday, 13 December 2018 17:27

    Now on the same token, removal of RW was illegal too.

    Reply : 13       195

    Mo Thursday, 13 December 2018 17:29

    Hooooooooooooooooooooooooooooo

    Reply : 10       134

    Saman Thursday, 13 December 2018 17:29

    Plz don't make fun of our president. He is like Jon Snow. He knows nothing. lol

    Reply : 10       170

    Jack Thursday, 13 December 2018 17:30

    Great news for democracy. MS/MR, better to retire from politics. The whole country is blaming both of you

    Reply : 14       188

    Amara Thursday, 13 December 2018 17:30

    7 out of 7! Eat that MS!

    Reply : 9       174

    hemantha Thursday, 13 December 2018 17:31

    What a blow to retired CJ.

    Reply : 8       163

    Voter Thursday, 13 December 2018 17:32

    President and his advisors have been humiliated

    Reply : 8       165

    DN Thursday, 13 December 2018 17:33

    Good lesson for MR.

    Reply : 11       168

    Shevan Thursday, 13 December 2018 17:33

    We can be really proud of the judiciary

    Reply : 11       169

    REYNOLD ABEYKOON Thursday, 13 December 2018 17:33

    Ayio GAMME MA PILA what happened. sorry.com

    Reply : 7       141

    kumthalakadi kumba Thursday, 13 December 2018 17:34

    now dissolve the supreme court

    Reply : 28       100

    channa Thursday, 13 December 2018 17:35

    president functioned unconstitutionally?

    Reply : 7       122

    Amanda Thursday, 13 December 2018 17:37

    Now act like a statesman.stop media stunt

    Reply : 4       112

    Krishantha Thursday, 13 December 2018 17:38

    Ranil it is time to join hands with Mahinda

    Reply : 137       29

    Arith Thursday, 13 December 2018 17:39

    If Mahindra has even little shame he should resign now. And this is his end of political career.

    Reply : 17       161

    Sofia Thursday, 13 December 2018 18:00

    Not so much Mahinda but it is a big blow to Sirisena who should quit.

    Reply : 3       74

    pujitha Thursday, 13 December 2018 18:05

    Sirisena, Go home at least now if you have 2/3.

    Reply : 1       71

    Janaka Thursday, 13 December 2018 18:07

    Proud of the legal system ..

    Reply : 3       73

    K R Suresh. Thursday, 13 December 2018 18:17

    Both MS and MR have become laughing stock in the eyes of the world. Thank SC for saving democracy. It gives hope.

    Reply : 2       86

    Black64 Thursday, 13 December 2018 18:19

    Hats off to the judges

    Reply : 4       80

    Gune Thursday, 13 December 2018 18:24

    Citizens are the most powerful. The fact is we have to believe in the judgement

    Reply : 4       70

    Nalin Thursday, 13 December 2018 18:25

    We expect the resignation of President tonight or Friday night

    Reply : 2       75

    Gune Thursday, 13 December 2018 18:28

    Ouch! That must have hurt Sirisena

    Reply : 2       60

    Chux Thursday, 13 December 2018 18:33

    Very proud of you judiciary you protected our nation from thugs and thieves

    Reply : 1       72

    Kingsley Wijesinhe Thursday, 13 December 2018 18:33

    Our president is like the comedy character Johnny English. He knows no fear, he knows no danger. In fact, he knows nothing.

    Reply : 2       76

    mnsmart Thursday, 13 December 2018 19:22

    Johnny Singlish?

    Reply : 2       38

    BE FAIR Thursday, 13 December 2018 18:35

    Glad the Judiciary upheld Sri Lanka. MR is very quiet, wonder what his next move is, isnt "Carlton" the best choice?

    Reply : 3       66

    Lanka Shantha Thursday, 13 December 2018 19:10

    Will those Black coat people will be punished or removed from their posts for Giving wrong advice, Arguing against and for violating the country rules?

    Reply : 2       33

    Lanka Thursday, 13 December 2018 19:33

    Proctect our democracy.... Period!!!Sirisena needs to arm with better advisers if he continues.

    Reply : 1       30

    smn Thursday, 13 December 2018 21:14

    Among the stupid Bayyas ,Kumara Welgama has some brain.

    Reply : 1       22

    Zulkifli Nazim Thursday, 13 December 2018 21:26

    සිරිසේන ඔබ තවමත් ගෙදර ගියේ නැද්ද?

    Reply : 2       19

    Hesh Thursday, 13 December 2018 21:38

    They should have brought in a constitution saying that the parliament cannot be dissolved ever. They could have made it into law and the current 225 could have enjoyed all perks eternally and the court will have no option but to follow the constitution.

    Reply : 15       3

    TONY Thursday, 13 December 2018 21:39

    MS GOT ADVICE FROM PROFESSOR GL, FORMER CJ AND PUNDIT GEMBANPILA. SINCE HE HAS VIOLAGTED THE CONSTRITUTION HE SHOULD RESIGN FORTHWITH

    Reply : 2       34

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