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Legality of no faith motion against speaker questionable: Minister

27 February 2024 09:39 pm - 19     - {{hitsCtrl.values.hits}}

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Colombo, Feb. 27 (Daily Mirror)- The legality of the no confidence motion which is being brought against Speaker Mahinda Yapa Abeywardene is questionable, Minister of Justice Wijeyadasa Rajapakshe said today.

“The opposition claims that the Speaker got the Online Safety Bill enacted violating the constitution. It is not the Speaker who enacts a Bill. It is done by the MPs in Parliament. Speaker is not even allowed to participate in parliamentary debates. Also the Supreme Courts never force the legislature to amend any Bill. It only looks into whether a Bill violates any section of the constitution or not. How can one accuse the Speaker of violating the constitution in such a scenario? Therefore the legality of the no faith motion that is being brought against the Speaker is questionable,” the Minister said.

“Ruling party MPs will decide on their stance on the no faith motion on the basis of its legality,” he added.

Minister Rajapakshe also denounced the claim made by the opposition that appointing of Deshabandu Thennekoon as the new IGP by the constitutional council was illegal. “If the constitutional council vote to decide on the appointment of IGP is illegal most of the Bills that have been approved by Parliament in the Sri Lankan history become illegal as well. “Most of the bills that have been enacted by Parliament by a simple majority out of the number of MPs present during the voting time throughout the history. Some have abstained during few occasions. Is the opposition saying that all legislations passed by Parliament in the past are illegal? “The Minister questioned.

He said four members of the constitutional council had voted in favor of Thennekoon while two had voted against while two members abstained. “A majority in the constitutional council have clearly approved the appointment of IGP,” he said.


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  Comments - 19

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  • Joshua Tuesday, 27 February 2024 10:32 PM

    Nonsense. The speaker is of no use for this country

    Gt Wednesday, 28 February 2024 12:09 AM

    Appointing igp requires a vote speaker can only add his vote if there is a stalemate, there was no stalemate, igp was appointed to protect criminals in parliament, so speaker is corrupted and biased, he talks about legality, but is it legal to steal? Is it legal to assault peacefully protesters? Is it legal to violate constitution at their whims? Is it legal for a criminal to be appointed igp? Evert part of sl gov is corrupt and a bunchnof thieves, a day will come when an honest person is president, people like this who destroyed the livelihoods of millions for personal gains must be locked up for life

    not forgotten Wednesday, 28 February 2024 02:47 AM

    Saya the man who went on tax payer funded Sawari in limos with the Rajapakshas... laughable

    Ama Wednesday, 28 February 2024 05:39 AM

    But Speaker approved violating the SUPREME COURT recommendations.

    Round up Corruption Wednesday, 28 February 2024 05:52 AM

    Using jargon to get off all the misleading claims being undertaken in parliament. Why haven’t you start rounding up those involved in corruption

    Onlooker Wednesday, 28 February 2024 06:01 AM

    True, four members of the constitutional council had voted in favor. But is there no minimum stipulation of five in favour and the casting vote of the speaker can be done only in case of a tie in the voting. Otherwise speaker can vote everytime.

    Nodaking Kalakanni Wednesday, 28 February 2024 06:13 AM

    Whole life is a big question mark for this moron. Can’t wait to get rid of these lowlifes.

    jagoda Wednesday, 28 February 2024 06:22 AM

    This man is a half-baked lawyer and a well baked sycophantic poli-trickster.

    Gunapala Muhandiram Wednesday, 28 February 2024 06:26 AM

    No faith of the legal system!! You are Satan of the Law and Order of SL! Still living with loads of stolen public funds! Time is running out Wije Rajapassa! Your passa will go down soon even without an under-pant! Get VISA for another country where Myna has investments!

    Sambo Wednesday, 28 February 2024 08:08 AM

    You are also with same wild bunch and change colors like a garden lizard depending on the situation.

    dealdasa Wednesday, 28 February 2024 08:44 AM

    The conduct of the speaker is questionable.

    Terrence K Wednesday, 28 February 2024 09:03 AM

    It is simple arithmetic where the Constitutional Council was sought for appointing the new IGP. For the appointment to be effective the prospective IGP should obtain 5 Votes (Five) from the constitutional Council. Wheras there were 4 (Four) in Favour and 2 (Two) against and 2 (Two) abstained. The Speaker can ONLY cast his vote when there is a tie 4 (Four) in Favour 4 (Against) to make it 5 (Five). So in this case the Speaker CANNOT CAST his vote but violated by casting his vote. So this is the crux of the problem and as Minister of Justice if you are talking about it questionable there is radically something wrong. Under article 41C(1) the President cannot appoint unless the Constitutional Council approves it which is at a deadlock!!!!!!!!

    Terrence K Wednesday, 28 February 2024 09:03 AM

    It is simple arithmetic where the Constitutional Council was sought for appointing the new IGP. For the appointment to be effective the prospective IGP should obtain 5 Votes (Five) from the constitutional Council. Wheras there were 4 (Four) in Favour and 2 (Two) against and 2 (Two) abstained. The Speaker can ONLY cast his vote when there is a tie 4 (Four) in Favour 4 (Against) to make it 5 (Five). So in this case the Speaker CANNOT CAST his vote but violated by casting his vote. So this is the crux of the problem and as Minister of Justice if you are talking about it questionable there is radically something wrong. Under article 41C(1) the President cannot appoint unless the Constitutional Council approves it which is at a deadlock!!!!!!!!

    surain Wednesday, 28 February 2024 10:23 AM

    What kind of a lawyer are you when you twist your words which are not in the legal books or in the constitution we as citizens of the country is fed up with your lies and counting days to get rid of all crocks soon

    Fuller Wednesday, 28 February 2024 11:24 AM

    Hey man no one is above the supreme courts. The whole point of being able to challenge a bill in the supreme courts is to check if it is violating people's basic fundamental rights and in this case the courts has agreed that 31 clauses violate basic human rights and require changes because they are unconstitutional. Grow up

    Rahal Wednesday, 28 February 2024 11:42 AM

    Legality of the online safety law is pretty questionable too because it had been passed through violating court's order and no 2/3 majority voted in it's favour. Hm?

    Gayantha Hemachandra Wednesday, 28 February 2024 12:31 PM

    Mate.. My Wije …What about the morality of the No Confidence Motion against this Speaker Bloke … ? Can you justify the way he has been misusing his high office ? Can you justify the way he has been violating the public trust? Why don’t you turn your law books and find answers …man…?

    Onlooker Wednesday, 28 February 2024 01:20 PM

    Since RW took over, there has been no respect to the SC rulings or the Constitution clauses aided and abetted by a senile speaker and ministers who want to stick around till thrown out soon.

    Lanki Thursday, 29 February 2024 05:53 AM

    Deal Dasa is once again spinning the law. If the Supreme Curt said a simple majority is not adequate to pass a bill then under that order the Speaker has violated a court order and he must and should be kicked out by the no faith motion. We have also seen most of the bills presented to the Parliament drafted by this Deal Dasa's department have been judged by the SC as violing the Constitution.


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