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President can’t reshuffle Cabinet: Gammanpila

3 April 2017 04:12 pm - 8     - {{hitsCtrl.values.hits}}

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President Maithripala Sirisena has not been given the authority from the 19th Amendment to the Constitution to reshuffle the Cabinet, Pivithuru Hela Urumaya (PHU) General Secretary Udaya Gammanpila said today.

According to the 43 (1) and (2) clauses of the Constitution, he said the consent of the Prime Minister is needed for the President to make a decision about Cabinet Ministers.

“When the Constitution was amended, the Supreme Court maintained the stance that a referendum is required if any amendment was to be made in order to devolve Executive powers and give them to the post of Prime Minister. However, by a mere mistake, clauses 43 (1) and (2) had been gone ignored. Hence, the President can’t make the final decision on a Cabinet reshuffle,” he told a news conference.

The clause 43 (1) of the Constitution states the President shall, in consultation with the Prime Minister, should determine the number of Ministers of the Cabinet and the assignment of subjects and functions to such Ministers.

Clause 43 (2) states the President shall, on the advice of the Prime Minister, appoint from among Members of Parliament, Ministers, to be in charge of the Ministries so determined.

However, clause 43 (3) says the President may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers. It also says such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament.

News reports earlier said a Cabinet reshuffle was around the corner and Finance Ministry was one of the key ministries which were to be changed. It was also reported that United National Party (UNP) was not in favour of a reshuffle. (Lahiru Pothmulla)

 

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  Comments - 8

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  • Manel Monday, 03 April 2017 05:12 PM

    Did MR have permission to bring in 18th amendment for him to be king forever.

    Yehiya Monday, 03 April 2017 05:12 PM

    When comes to opposition lot of things learn about law.

    damith Monday, 03 April 2017 05:21 PM

    Gammabpila , talks , like he was born in April 1st. His interpretation of things , move his birthday to April 1.

    Sam Tuesday, 04 April 2017 07:17 PM

    This is another time waster! This roghue should not be given this much of publicity.

    suresh Tuesday, 04 April 2017 09:42 AM

    did your boss do anything according to the constitution? Can you name any other country where the AG's Dept. is brought under the President's Office.

    Rubert Monday, 03 April 2017 07:47 PM

    Are you nuts? The 18th Amendment was passed in the parliament by a 2/3 majority and one Sirisena was the one who proposed it in the parliament. Any president can bring forth amendments. Also, here UD talks about this government's own baby, the 19th Amendment.

    Leo Tuesday, 04 April 2017 12:22 PM

    All he can do is talk a lost politician. He has to talk in order to get his bath packet from MR. via DM Android App

    Sumal Tuesday, 04 April 2017 01:39 PM

    Finally 19th amendment has brought a balance between executive, legislature and judiciary. We will not have free riding or open cheque scenario like in the past. Well done Yahapalanaya.


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